s 

■ 

UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


C  ar.foirntp.  Ltu,S,  S?tfuff}  ?/e, 

GENERAL    LAWS 

OF 

CALIFORNIA. 

AS  AMENDED  UP  TO  THE  END  OF  THE  EXTRA  SESSION  OF  1906 


CONTAINING  THE   LAWS   THAT  ARE   IN   COMMON  USE   IN   FULL. 

WITH     REFERENCES     TO     OTHER     GENERAL     LAWS     IN 

FORCE,    AND   ALSO   TO    SPECIAL    LAWS,    WITH 

STATUTORY     HISTORY     AND     CITATIONS 

UP    TO    AND    INCLUDING    VOLUME 

147,    CALIFORNIA    RFPORTS. 

EDITED  BY 

JAMES    H.    DEERING, 

Of  the   San   Francisco    Bar. 
STATUTORY   HISTORY  AND   CITATION  DIGEST   BY  ' 

WALTER   S     BRANN, 

Of  the  San  Francisco  Bar. 

CONSOLIDATED   AND    EDITED    TO   INCLUDE 
'    EXTRA    SESSION    OF    1906,    BY 

R    M.  SIMS, 

Of   the   San   Francisco    Bar. 

SAN     FRANCISCO: 
BANCROFT    WHITNEY    COMPANY, 

Law    Publishers    and    Law     Booksellers. 

1906. 


C  23 
3k 


<^Wuf 


Copyright  10(13. 
BANCROFT-WHITNEY  COMPANY. 

Copyright   1906. 
BANCiLOFT-WHITNEY   COMPANY. 


BAN    FRANCISCO: 

THE    FILMER     BROTHERS    ELECTROTYPE    CO., 

Typographers    and    Stereotypera. 

1906. 


PREFACE. 


We  desire  to  call  attention  to  the  system  of  numbering 
each  of  the  acts  of  the  legislature  referred  to  and  pub- 
lished in  this  book.  The  purpose  of  so  numbering  them 
is  to  provide  a  convenient  system  of  citing  these  laws.  By 
citing  them  by  number  much  time  and  confusion  will  be 
saved. 

This  method  of  numbering  the  statutes  has  been  fol- 
lowed in  several  of  the  eastern  states,  and  has  resulted 
in  great  simplicity  and  certainty  in  referring  to  them.  It 
could  be  adopted  in  this  state  with  advantage  both  to 
the  legislature  and  those  making  use  of  the  published 
statutes. 

The  editors  have  been  greatly  assisted  in  the  compila- 
tion of  this  work  by  the  very  able  and  exhaustive  report 
on  the  statutes  in  force  by  Messrs.  A.  C.  Freeman,  W.  C. 
Van  Fleet,  and  George  J.  Denis,  the  commissioners  for  the 
revision  and  reform  of  the  law. 

Much  of  the  historical  matter  and  a  large  number  of 
the  notes  contained  in  it  have  been  taken  from  this  report. 
It  is  regarded  as  so  valuable  and  of  such  great  practical 
utility  that  it  is  incorporated  in  this  work  in  the  Appendix. 

(iii) 


CONTENTS. 


Title 

1. 

Abortion,    p.    1. 

Title 

2. 

Accord    and    Satisfaction,   p.    1. 

Title 

3. 

Accountants,   p.    1. 

Title 

4. 

Acknowledgments,  p.  4. 

Title 

5. 

Adoption,   p.   5. 

Title 

6. 

Adulteration,  p.  5. 

Title 

7. 

Adultery,  p.  7. 

Title 

8. 

Aged    Persons,   p.   7. 

Title 

9. 

Agents,  p.  7. 

Title 

10. 

Agriculture,  p.  7. 

Title 

11. 

Alameda  City,  p.  21. 

Title 

12. 

Alameda  County,   p.  22. 

Title 

13. 

Alameda   Creek,  p.   24. 

Title 

14. 

Aliens,  p.   25. 

Title 

15. 

Alpine  County,  p.  26. 

Title 

16. 

Alviso  City,  p.  27. 

Title 

17. 

Amador  City,  p.  27. 

Title 

18. 

Amador  County,  p.   27. 

Title 

19. 

American  Water  and  Mining  Company,  p.  28. 

Title 

20. 

Anaheim,  p.  28. 

Title 

21. 

Anatomy,  p.   28. 

Title 

22. 

Animals,  p.  28. 

Title 

23. 

Antioch,  p.  31. 

Title 

24. 

Antonio  Creek,  p.  31. 

Title 

25. 

Antwerp    Messenger,   p.    32. 

Title 

26. 

Apprentices,    p.    32. 

Title 

27. 

Arbitration,  p.  32. 

Title 

28. 

Architecture,  p.  35. 

Title 

29. 

Arms,    p.    39. 

Title 

30. 

Arrest,  p.  40. 

Title 

31. 

Arroyo  del  Medo,  p.  40. 

Title 

32. 

Artesian   Wells,    p.    40. 

Title 

33. 

Assault,   p.    42. 

Title 

34. 

Assessors,  p.  42.                                                 , 

Title 

35. 

Assignments  of  Contracts,  p.  42. 

Title 

36. 

Attorney-General,   p.   43. 

Title 

37. 

Attorney s-at-Law.  p.  44. 
(v) 

VI 


CONTENTS. 


Title  38.  Auburn,    p.    44. 

Title  39.  Bankruptcy  and  Insolvency,   p.  44. 

Title  40.  Banks  and  Banking,  p.  45. 

Title  41.  Barbers,  p.  56. 

Title  42.  Bee  Culture,  p.  56. 

Title  43.  Benefit    Societies,    p.    57. 

Title  44.  Benevolent   Corporations,   p.   57. 

Title  45.  Benicia,    p.    58. 

Title  46.  Berkeley,  p.  58. 

Title  47.  Big   Trees,   p.    58. 

Title  48.  Bills  and  Notes,  p.  59. 

Title  49.  Blue  Books,  p.   59. 

Title  50.  B'nai-B'rith.   p.    59. 

Title  51.  Board  of  Examiners,   p.   59. 

Title  52.  Boards  of  Freeholders,  p.  60. 

Title  53.  Bonds,  p.   60. 

Title  54.  Booms,   p.   71. 

Title  55.  Boundaries  of  State,  p.  71. 

Title  56.  Bounties,  p.  71. 

Title  57.  Branciforte,  p.  71. 

Title  58.  Brazos  del   Rio,  p.  72. 

Title  59.  Bridges,  p.  72. 

Title  60.  Brooklyn,  p.  74a. 

Title  61.  Building  and  Loan  Associations,  p.  74a. 

Title  62.  Buoys  and  Beacons,  p.  74j. 

Title  63.  Burial,  p.  74j. 

Title  64.  Butte  County,  p.  74j. 

Title  65.  Butter,  p.  76. 

Title  66.  Calaveras  County,  p.  77d. 

Title  67.  California  and  Oregon  R.  R.  Company,  p.  77. 

Title  68.  California  Pacific   R.   R.   Company,   p.   16. 

Title  69.  California   Polytechnic   School,  p.   78. 

Title  70.  California   Redwood   Park,  p.   79. 

Title  71.  California  Statutes,  index  to,  p.  80. 

Title  72.  California  Volunteers,   p.   80. 

Title  73.  Canal  Corporations,  p.   80. 

Title  74.  Canals,  p.  80. 

Title  °75.  Capitol,  p.   81. 

Title  76.  Cemeteries,  p.  81. 

Title  77.  Cemetery   Corporations,   p.   84. 

Title  78.  Census,  p.  84. 


i 


CONTENTS. 


Title  79. 
Title  80. 
Title  81 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title 
Title  100 
'Title  101 
Title  102 
Title  103 
Title  104 
Title  105 
Title  106 
Title  107 
Title  108 
Title  109 
Title  110 
Title  111 
Title  112 
Title  113 
Title  114 
Title  115 
Title  116 
Title  117 
Title  118 
Title  119 


82. 
83. 
84. 
85. 
86. 
87. 
88, 
89. 
90. 
91. 
92 
93 
94, 
95. 
96. 
97 
98. 
99. 


Central  Pacific  R.  R.  Oompanv    p.  85. 
Chambers  of  Commerce,  p.  86. 

Charities  and  Corrections,  p.  86. 

Cheese,  p.  89. 

Chico,   p.   91. 

Chinese,  p.  91. 

City  Attorney,  p.  92. 

Civil  Rights,    p.    92. 

Clear  Lake,  p.  93. 

Cloverdale,  p.  94. 

Coast  Lurvey,  p.   94. 

Codes,  p.  94. 

College  City,  p.  94. 

Colleges,  p.  95. 

Coloma,  p.  95. 

Colton    Hall,    p.    96. 

Colusa  County,  p.  96. 

Colusa,  Town  of,  p.  98. 

Commissioners  in  Equity,  p.  98. 

Commissioners  of  Transportation,  p.  98. 

Common  Law,  p.  98. 

Congress,  p.  99. 

Conspiracy,   p.   99. 

Constables,  p.  99. 

Constitution,  p.  100. 

Contra  Costa  County,  p.  1°0. 

Controller,  p.   102. 

Convicts,  p.  102. 

Co-operative  Associations,  p.  103. 

Coroners,  p.  103. 

Corporations,  p.  104. 

Costs,  p.  107. 

Cotenancy,  p.  108. 

Counterfeiting,   p.    108. 

Counties,  p.  108. 

County  Boundaries,  p.  109. 

County   Clerk,  p.   111. 

County  Government,  p.  111. 

Courts,  p.  322. 

Coyote   Scalps,  p.   322. 

Crescent  City,  p.  324. 


CONTENTS. 


Title 

120. 

Title 

121. 

Title 

122. 

Title 

123. 

Title 

124. 

Title 

125. 

Title 

125a. 

Title 

126. 

Title 

127. 

Title 

128. 

Title 

129. 

Title 

130. 

Title 

131. 

Title 

132. 

Title 

133. 

Title 

134. 

Title 

135. 

Title 

136. 

Title 

137. 

Title 

138. 

Title 

139. 

Title 

140. 

Title 

141. 

Title 

142. 

Title 

143. 

Title 

144. 

Title 

145. 

Title 

146. 

Title 

147. 

Title 

147a. 

Title 

148. 

Title 

149. 

Title 

150. 

Title 

151. 

Title 

152. 

Title 

152a. 

Title 

153. 

Title 

154. 

Title 

155. 

Title 

153. 

Title 

157. 

Title 

158. 

Title 

159. 

Title 

160. 

Criminal  Law,  p.   324. 

Cruelty  to  Animals,  p.  326a. 

Dairies,  p.  326b. 

Davisville,  p.  326h. 

Deadly  Weapons,   p.   326h. 

Deaf,  Dumb,  and  Blind  Asylum,  p.  326h. 

Deaths,  p.  326i. 

Debris  Commissioners,  p.  327. 

Deeds,  p.  327. 

Del  Norte  County,  p.  328. 

Dentistry,  p.  328. 

Descent  and  Distribution,   p.  339. 

Diablo  Creek,  p.  339. 

Dissection,  p.  33-9. 

District  Attorneys,  p.  339. 

Ditches,  p.  340. 

Divorces,   p.  341. 

Dixon,  p.   341. 

Dogs,  p.  341. 

Dorris    Bridge,    Town   of,    p.    343. 

Downieville,    p.    343. 

Drainage,  p.  343. 

El  Dorado  County,  p.  387. 

Elections,   p.    389. 

Elisors,  p.  390. 

Emigration,  p.  390. 

Employment  Agents,  p.  391. 

Escape,  p.  391. 

Escheat,  p.  392. 

Establishment  of  Titles,  p.  392. 

Estates   of   Deceased   Persons,    p.    394c. 

Estrays,  p.  394d. 

Etna,   p.    400. 

Eureka,  p.  400. 

Explosives,    p.    400. 

Extension  of  Time,   p.   404. 

Factories,  p.  405. 

Feather  River,  p.   405. 

Feeble-Minded   Children,  p.   405. 

Fees,  p.  407. 

Fclton,    p.    416. 

Fences,  p.  416. 

Ferries,  p.  419. 

Ferry   Depot,   p.   420. 


CONTENTS. 


Title  161.  Fertilizers,   p.  420. 

Title  162.  Fiddletown,  p.  424. 

Title  163.  Fire,   p.   424. 

Title  164.  Fire  Department,  p.   424a. 

Title  165.  Fire  Patrol,  p.  425. 

Title  166.  Fiscal  Year,  p.  425. 

litle  167.  Flag,  p.  426. 

Title  168.  Folsom,  p.  426. 

Title  169.  Forcible  Entry,  p.  426. 

Title  170.  Foreclosure,  p.  426. 

Title  171.  Forestry,  p.  426. 

Title  172.  Fort  Jones,  p.  426i. 

Title  173.  Franchises,  p.  4261. 

Title  174.  Fraudulent  Conveyances,   p.   428. 

Title  175.  Free   Libraries,   p.   428. 

Title  176.  Fresno    City,    p.    432. 

Title  177.  Fresno    County,   p.    434. 

Title  178.  Funds,  p.  434. 

Title  179.  Galinas  Slough,  p.  436. 

Title  180.  Gaming,  p.  436. 

Title  181.  Game  Laws,  p.  437. 

Title  182.  Gas,  p.  441. 

Title  183.  Geological   Survey,  p.  446. 

Title  184.  Gifts,  p.  446. 

Title  185.  Gilroy,  p.  446. 

'litle  186.  Glenn  County,  p.  446. 

Title  187.  Goats,  p.  447. 

Title  188.  Golden  City  Homestead  Associations,  p.  447. 

Title  189.  Good  Templars,  p.  447. 

Title  190.  Governor,  p.  448. 

Title  191.  Grand  Army  of  the  Republic,  p.  449. 

Title  192.  Grass  Valley,   p.   449. 

Title  193.  Growing   Trees,    p.    449. 

Title  194.  Guardian  and  Ward,   p.   450. 

Title  195.  Habeas    Corpus,    p.    450. 

Title  196.  Harbor  Commissioners,   p.  450. 

Title  197.  Hastings  College   of  the  Law,  p.  450c. 

Title  198.  Haywards,  p.   450c. 

Title  199.  Hsaldsburg,  p.   450c. 

Title  200.  Highways,    p.    450c. 

Title  201.  Holidays,  p.  462. 

Title  202.  Hollister.   p.   462. 

Title  203.  Home  of  Adult  Blind,  p.  462. 


CONTENTS. 


Title 

204. 

Title 

205. 

Title 

206. 

Title 

207. 

Title 

208. 

Title 

209. 

Title 

210. 

Title 

211. 

Title 

212. 

Title 

213. 

Title 

214. 

Title 

215. 

Title 

216. 

Title 

217. 

Title 

218. 

Title 

219. 

Title 

220. 

Title 

221. 

Title 

222. 

Title 

223. 

Title 

224. 

Title 

225. 

Title 

226. 

Title 

227. 

Title 

227a. 

Title 

228. 

Title 

229. 

Title 

230. 

Title 

231. 

Title 

232. 

Title 

233. 

Title 

234. 

Title 

235. 

rx  .tie 

236. 

Title 

237. 

Title 

238. 

Title 

239. 

Title 

240. 

Title 

241. 

Title 

242. 

Title 

243. 

Title 

244. 

Title 

245. 

Title 

246. 

Homesteads,  p.  462. 

Homestead  Corporations,  p.  463. 

Homing  Pigeons,  p.  463. 

Hops,  p.   464. 

Hornitos,   p.    464. 

Horticulture,   p.    464. 

Hospitals,  p.  475. 

Hotels,  p.  476. 

Hours  of  Labor,  p.  477. 

House  of  Correction,  p.  481. 

Houses  of  Prostitution,  p.   482. 

Humboldt  Bay,  p.  482. 

Humboldt  County,  p.  482. 

Hunting  on  Private  Grounds,  p.  484. 

Husband  and  Wife,  p.  484. 

Immigration,  p.   485. 

Inclosures,  p.  485. 

Index,   p.   485. 

Indians,  p.  486. 

Infants,  p.  486. 

Insane,  p.  488. 

Insects,  p.  493. 

Insolvency,   p.  493. 

Insurance,   p.   49?.. 

Insurance  Commissioner,  p.  494a. 

Interest,  p.  494b. 

Interpreters,  p.  495. 

Intoxicating  Liquors,  p.  495. 

Inventory,   p.  497. 

Inyo   County,   p.   497. 

Irrigation,    p.   499. 

Jewish  Order  of  Kesher  shel  Barsel,  p.  557. 

Judges  of  the  Plains,  p.  557. 

Judgments,  p.  557. 

Jurors,   p.    559. 

Justices  of  the  Peace,  p.  559. 

Jute  Goods,  p.  561. 

Juvenile  Court,  p.  561. 

Kaweah  River,  p.   562. 

Keeper  of  Archives,  p.  562. 

Kern  County,  p.  562. 

Keyes  Creek,  p.  563. 

Kings  County,  p.  563. 

Klamath  County,  p.  564. 


CONTENTS. 


Title  247.  Klamath  River,  p.  564. 

Title  248.  Knight's  Landing,  p.  564. 

Title  249.  Laborers,  p.  564. 

Title  250.  Labor  Statistics,  p.  564. 

Title  251.  Lake   Bigler,   p.   565. 

Title  252.  Lake  County,  p.  565. 

Title  253.  Lake  Earl,  p.  566. 

Title  254.  Lakeport,  p.  566. 

Title  254a.  Lakes,  p.  567. 

Title  255.  Lake  Tahoe,  p.  567. 

Title  256.  Landlord  and  Tenant,  p.  567. 

Title  257.  Larceny,  p.  568. 

Title  258.  Lassen  County,  p.  568. 

Title  259.  Law  Libraries,  p.  568. 

Title  260.  Leases,  p.  569. 

Title  261.  Legal  Tender,  p.  569. 

Title  262.  Legislation,  p.  570. 

Title  263.  Legislative  Districts,  p.  570. 

Title  264.  Levee  Districts,  p.  570a. 

Title  265.  Lexington,  p.   574. 

Title  266.  Libel,  p.  574. 

Title  267.  Licenses,  p.  574. 

Title  268.  Liens,  p.  579. 

Title  269.  Lighthouses,  p.  580. 

Title  270.  Livermore,  p.  581. 

Title  271.  Lodging-houses,  p.  581. 

Title  272.  Logs,  p.  581. 

Title  273.  Los  Angeles  City,  p.   581. 

Title  274.  Los  Angeles  County,  p.  583. 

Title  275.  Los  Nietas,  p.  585. 

Title  276.  Los   Nietas    Collegiate   Institute,   p.    585. 

Title  277.  I  ost   Property,   p.  585. 

Title  278.  Lost  Warrants,   p.   586. 

Title  279.  Lotteries,  p.  587. 

Title  280.  Lower  Lake,  p.   587. 

Title  281.  Lumber  Manuiacturers,  p.  587. 

Title  282.  Madera  County,  p.  587. 

Title  283.  Mad  River,  p.  588. 

Title  284.  Maps,   p.    588. 

Title  285.  Marin  County,  p.  589. 

Title  286.  Mariposa   County,  p.    590. 

Title  287.  Markleevill3,  p.  591. 

Title  288.  Marks  and  Brands,  p.  591. 

Title  289.  Marriage  and  Married  Women,  p.  593. 


xii 


CONTENTS. 


Title 

290. 

Title 

291. 

Title 

292. 

Title 

293. 

Title 

294. 

Title 

295. 

Title 

296. 

Title 

297. 

Title 

298. 

Title 

299. 

Title 

300. 

Title 

301. 

Title 

302. 

Title 

303. 

Title 

304. 

Title 

305. 

Title 

306. 

Title 

307. 

Title 

308. 

Title 

309. 

Title 

310. 

Title 

311. 

Title 

312. 

Title 

313. 

Title 

314. 

Title 

315. 

Title 

316. 

Title 

317. 

Title 

318. 

Title 

319. 

Title 

319a. 

Title 

320. 

Title 

321. 

Title 

322. 

Title 

323. 

Title 

324. 

Title 

325. 

Title 

326. 

Title 

327. 

Title 

328. 

Title 

329. 

Title 

330. 

Title 

331. 

Title 

332. 

Title 

333. 

Marshall   Monument,   p.   594. 

Martinez,  p.  594. 

Marysville,    p.    595. 

Master  and  Servant,  p.   595. 

Mayors,   p.   596. 

Meadow  Lake,  p.  596. 

Mechanics'  Institutes,  p.    596. 

Medicine,    p.    596. 

Mendocino    Count-,   p.   607. 

Menlo  Park,  p.  608. 

Merced    City,   p.   609. 

Merced  County,  p.  609. 

Mexican  War,  p.  610. 

Military  Academy,  p.  610. 

Mineral    Cabinet,    p.    611. 

Mines  and  Mining,  p.  611. 

Mining  Corporations,  p.   626. 

Missing  Persons,   p.   627. 

Mobs,   p.   629. 

Modesto,  p.  629. 

Modoc  County,  p.  629. 

Mokelumne  Hill,  p.  630. 

Mokelumne    River,    p.    630. 

Money,   p.   630. 

Mono  County,  p.  630a. 

Monterey  City,  p.  630a. 

Monterey  County,  p.  631. 

Monterey  Custom   House,  p.  632. 

Moro  Cojo   Slough,  p.  632. 

Mortgages,  p.  632. 

Motorcycles,  p.   632a. 

Municipal    Corporations,    p.    6321. 

Napa  City,  p.  953. 

Napa  County,   p.   953. 

Napa  Ladies'  Seminary,  p.  955. 

Napa  River,  p.  955. 

National  Guard,  p.  955. 

Naturalization,  p.  957. 

Naval  Battalion,  p.  957. 

Navigation,  p.  957. 

Negligence,  p.  958. 

Neuces  Creek,  p.  958. 

.uevada  City,  p.   958. 

Nevada    County,    p.    958. 

New  Republic,  p.  959. 


CONTENTS. 


xiii 


Title  334.  New  San  Pedro,  p.  959. 

Title  335.  North  Beach  and  Mission  R.  R.  Co.,  p.  960. 

Title  336.  North    S.    F.    Homestead    and   R.    R.    Associa- 
tion, p.  960. 

Title  337.  Notaries,  p.  960. 

Title  338.  Novato  Creek,  p.  960. 

Title  339.  Nueces   Creek,   p.    960a. 

Title  340.  Nuisances,  p.  960a. 

Title  340a.  Nursing,  p.  960a. 

Title  341.  Oakland,    p.    961. 

litle  342.  Odd  Fellows,  p.  964. 

Title  343.  Officers,  p.  964. 

Title  344.  Oil,  p.  967. 

Title  345.  Oleomargarine,  p.  968. 

Title  346.  Olive  Oil,   p.  968. 

Title  347.  Optometry,  p.  969. 

Title  348.  Orange   County,   p.   973. 

Title  349.  Ordinances,   p.   973. 

Title  350.  Oroville,    p.    975. 

Title  351.  Orphan   Asylum,  p.  975. 

Title  352.  Osteopathy,  p.  976. 

Title  353.  Oysters,  p.  978. 

Title  354.  Paris  Green,  p.   979. 

Title  355.  Parole  Commissioners,  p.  980. 

Title  356.  Partnerships,  p.   981. 

Title  357.  Paupers,  p.  981. 

Title  358.  Pawnbrokers,  p.  985. 

Title  359.  Pensions,    p.    985. 

Title  360.  Pest  Houses,  p.  985. 

Title  361.  Petaluma,   p.   985. 

Title  362.  Petaluma  Creek,  p.  986. 

Title  363.  Pharmacy,  p.  986. 

Title  364.  Pilots,  p.  991. 

Title  365.  Pitt  River,  p.  992. 

Title  366.  Placer  County,  p.  992. 

Title  367.  Placerville,  p.  994. 

Title  368.  Plumas  County,  p.   994. 

Title  369.  Plymouth,  p.  995. 

Title  370.  Poisons,  p.  995. 

Title  371.  Police,  p.  995. 

Title  372.  Police  Courts,  p.  996 

Title  373.  Poultry,  p.  1004. 
Title  374.     Preston  School  of  Industry,  p.  1006. 


CONTENTS. 


Title 

375. 

Title 

376. 

Title 

377. 

Title 

378. 

Title 

379. 

Title 

380. 

Title 

381. 

Title 

382. 

Title 

383. 

Title 

384. 

Title 

384a, 

Title 

385. 

Title 

386. 

Title 

3S7. 

Title 

388. 

Title 

389. 

Title 

390. 

Title 

391. 

Title 

392. 

Title 

393. 

Title 

394. 

Title 

395. 

Title 

396. 

Title 

397. 

Title 

398. 

Title 

398a. 

Title 

399. 

Title 

400. 

Title 

401. 

Title 

402. 

Title 

403. 

Title 

404. 

Title 

405. 

Title 

406. 

Title 

407. 

Title 

408. 

Title 

408a. 

Title 

409. 

Title  410. 

Title 

411. 

Title 

412. 

Title 

413. 

Title 

414. 

Title 

415. 

Prisons,  p.  1007. 
Prize-fighting,  p.  1011. 
Probate   Courts,  p.   1011. 
Process,   p.    1011. 
Prostitution,    p.    1012. 
Protection   Districts,  p.   1012. 
Public  Administrators,  p.  1025. 
Public  Buildings,  p.  1025. 
Public  Debt,  p.  1026d. 
Public  Health,  p.  1027. 
Public  Institutions,  p.  1034a. 
Public  Lands,  p.  1034b. 
Public  Parks,  p.  1038. 
Public  Works,  p.  1039. 
Putah  Creek,  p.  1066. 
Quarantine,  p.  1066. 
Railroads,  p.  1070. 
Ramie   Culture,   p.    1073. 
Reclamation    Districts,    p.    1073. 
Recorders,   p.   1083. 
Records,    p.    1083. 
Red  Bluff,  p.  1083. 
Redding,  p.  1084. 
Red  Men,  p.  1084. 
Redwood   City,   p.   1084. 
Restoration  of  Records,  p.  1084. 
Revenue,  p.  1084f. 
Riverside   County,   p.   1084f. 
Rodeos,  p.  1084f. 
Rough  and  Ready,  p.  1085. 
Sacramento  City,  p.  1085. 
Sacramento  County,   p.   1087. 
Salinas  City,  p.  1089. 
Salinas  River,  p.  1089. 
San  Antonio  Creek,  p.  1089. 
San  Benito  County,  p.  1090. 
ban   Bernardino   City,   p.   1090. 
San  Bernardino  County,  p.  1091. 
San  Bernardino,  Town  of,  p.  1092. 
San  Buenaventura,  p.   1092. 
San  Diego  City,  p.  1093. 
San  Diego  County,  p.  1094. 
San  Francisco,   p.  1095. 
Sanitary  Districts,  p.  1118. 


CONTENTS. 


Title  416.  San  Joaquin   County,   p.   1132a. 

Title  417.  San  Joaquin  River,  p.  1134. 

Title  418.  San  Jose,  p.  1134. 

Title  419.  San  Juan,  p.  1135. 

Title  420.  San  Leandro,  p.  1135. 

Title  421.  San  Luis  Obispo  County,  p.  1135. 

Title  422.  San  Luis  Obispo,  Town  of,  p.  1137. 

Title  423.  San   Mateo   County,    p.    1137. 

Title  424.  San   Rafael,    p.    1139. 

Title  425.  Santa  Barbara  City,  p.  1139. 

Title  426.  Santa  Barbara  County,   p.  1140. 

Title  427.  Santa  Clara  City,  p.  1141. 

Title  428.  Santa  Clara   County,   p.   1141. 

Title  429.  Santa  Cruz  City,  p.  1143. 

Title  430.  Santa  Cruz   County,   p.   1144. 

Title  431.  Santa  Monica,  p.  1144a. 

Title  432.  Santa   Rosa,   p.    1144a. 

Title  433.  Schools,  p.   1144b. 

Title  434.  Secretary  of  State,  p.  1201. 

Title  435.  Seduction,  p.  1201. 

Title  436.  Sewers,  p.  1201. 

Title  437.  Shasta  County,  p.  1201. 

Title  438.  Shasta,   Town  of,  p.  1202. 

Title  439.  Sheep,  p.  1203. 

Title  440.  Sheriffs,   p.   1209. 

Title  441.  Sherman  Island,  p.  1209. 

Title  442.  Shipping,  p.  1210. 

Title  443.  Sierra  County,  p.  1210. 

Title  444.  Sierra  Iron  Company,  p.  1210. 

Title  445.  Silk  Culture,   p.   1211. 

Title  446.  Siskiyou    County,    p.    1211. 

Title  447.  Smith  River,  p.  1211. 

Title  448.  Solano  County,  p.  1211. 

Title  449.  Soldiers    and    Sailors,    p.    1213. 

Title  450.  Sonoma  City,  p.  1214. 

Title  451.  Sonoma  County,  p.   1214. 

Title  452.  Sonoma    River,    p.    1216. 

Title  453.  Sonora,  p.  1216. 

Title  454.  Southern  Pacific  R.  R.  Company,  p.  1216. 

Title  455.  Spanish  Land  Claims,  p.  1217. 

Title  456.  Stallions,   p.   1217. 

Title  457.  Stanford  University,  p.  1217. 

Title  458.  Stanislaus    County,    p.    1218. 

Title  459.  Stanislaus  River,  p.  1219. 


xvi 


CONTENTS. 


Title  460.  State,  p.  1220. 

Title  461.  State  Analyst,  p.  1223. 

Title  462.  State  Capitol,  p.  1223. 

Title  463.  State  Engineer,  p.    1224. 

Title  464.  State  Flower,  p.  1224. 

Title  465.  State    Geological    Survey,    p.    1224. 

Title  466.  State  Lands,  p.   1225. 

Title  467.  State    Library,    p.    1229. 

Title  468.  State  Printer,  p.  1230. 

Title  469.  State  Prisons,  p.  1230. 

Title  470.  State   Treasurer,   p.   1232. 

'Title  471.  Statute    of   Limitations,   p.    1232. 

Title  472.  Statutes,  p.  1232. 

Title  473.  Steamboats,  p.  1233. 

Title  474.  St.  Helena,  p.  1233. 

Title  475.  Stockton,  p.  1233. 

Title  476.  Stockton  Slough,  p.  1234. 

Title  477.  Strawberry  Valley,   p.   1234. 

Title  478.  Street  Railroads,   p.   1234. 

'iitle  479.  Streets,  p.  1234. 

Title  480.  Suisun  City,  p.  1341. 

Title  481.  Summons,  p.  1341. 

Title  482.  Sunday,  p.  1341. 

Title  483.  Supervisors,  p.  1342. 

Title  484.  Supreme  Court  Commission,  p.  1343. 

Title  485.  Supreme  Court  Library,  p.  1343. 

Title  486.  Supreme  Court  Reporter,  p.  1344. 

Title  487.  Surveyor-General,  p.  1344. 

Title  488.  Surveyors,   p.   1344. 
Title  488a.  Surveys,  p.  1348. 

Title  489.  Sutter  County,  p.  1349. 

Title  490.  Sutter  Creek,  p.  1350. 

Title  491.  Sutter's  Fort,  p.  1351. 

Title  492.  Swamp  and  Overflowed  Lands,  p.  1351. 

Title  493.  Taxation,    p.    1354b. 

Title  494.  Tehama  County,  p.  1382. 

Title  495.  Tehama,  Town  of,  p.  1383. 

Title  496.  Telegraph  Lines,  p.  1383. 

Title  497.  Theaters,  p.  1384. 

Title  498.  Thistle,  p.  1384. 

Title  499.  Tia  Juana  Flood,  p.  1385. 


CONTENTS. 


Title  500.  Torrens  Land  System,  p.  1385. 

Title  501.  Trademarks,    p.    1420a. 

Title  501a.  Trading  Stamps,  p.   1420a. 

Title  502.  Training-ship,  p.  1420a. 

Title  503.  Tramroad  Companies,  p.  1420b. 

Title  504.  Treasurers,  p.  1420b. 

Title  505.  Trespass,  p.  1423. 

Title  506.  Trinity  County,  p.  1423. 

Title  507.  Trusts,  p.  1424. 

Title  508.  Tulare   County,   p.    1439. 

Title  509.  Tuolumne  County,  p.  1441. 

Title  510.  Tuolumne  River,  p.  1441. 

Title  511.  Turnpike  Corporations,  p.  1442. 

Title  512.  Ukiah,   p.  1442. 

Title  513.  Union,  p.  1442. 

Title  514.  United  States,  p.  1442. 

Title  515.  United  States  Coast  Survey,  p.  1443. 

Title  516.  United  States  Flag,   p.   1443. 

Title  517.  United  States  Senators,  p.  1443. 

Title  518.  University  of  California,  p.  1443. 

Title  519.  Vagrancy,    p.    1446a. 

Title  520.  Vallejo,    p.    1446a. 

Title  521.  Ventura  County,  p.  1446b. 

Title  522.  Veterans'  Home,  p.  1446b. 

Title  523.  Veterinary   Surgery,  p.   1448. 

Title  524.  Visalia,    p.    1451. 

Htle  525.  Viticulture,  p.  1451. 

Title  526.  Wagon-Road  Corporations,  p.  1452a. 

Title  527.  Warehouses,  p.  1452a. 

Title  528.  Warm  Springs  Creek,  p.  1452b. 

Title  529.  Warrants,   p.    1453. 

Title  530.  Washington  Township,  p.  1453. 

Title  531.     Water  Commissioners,  p.  1453. 

Title  532.     Water    Companies,    p.    1453. 

Title  533.     Waters,  p.  1456. 

Title  534.     Watsonville,  p.  1460. 

Title  535.     Weaverville,  p.  1461. 

Title  536.     Weights  and  Measures,   p.  1461. 

Title  537.     West  Side  Irrigation  District,  p.  1462. 

Title  538.     Wharfingers,  p.  14Go. 

Title  539.     Wharves,  p.  1463. 

jitle  540.     Wheatland,  p.  1463. 


XYlll 


CONTENTS. 


Title  541.  Whittier  State  School,  p.   1463. 

Title  542.  Wilmington,  p.  1464. 

Title  543.  Woman's  Relief  Corps,  p.  1464. 

Title  544.  Woodbridge,  p.  1465. 

Title  545.  Woodland,  p.  1465. 

Title  546.  Wrecks,    p.    1465. 

Title  547.  Yacht  Clubs,  p.  1465. 

Title  54S.  Yolo  County,  p.  14S5. 

Title  549.  Yosemite   Valley,    p.    1467. 

Title  550.  Yreka,  p.   14d7. 

Title  551.  Yuba   City,   p.   1467. 

Title  552.  YuDa  County,  p.  1468. 


GENERAL  LAWS 


STATE    OF    CALIFORNIA 


TITLE   1. 

ABORTION. 
ACT    1. 

To   suppress   injurious  publications.      [Stats.    1858,   204.] 
This    was    an    act     to    prevent    advertising    to    procure    abortions. 
It  was  superseded  by  Penal  Code,   sec.   317. 


TITLE  2. 

ACCORD  AND  SATISFACTION. 
ACT  6. 

For  the  relief  of  debtors.     [Stats.  1867-8,  31.] 
This  act   permitte-d   the   discharge  of   the   whole  of  a   debt   on  pay- 
ment  of   part.     It   was   superseded    by    Civil    Code,    sees.    1521-1524. 
Cal.    Rep.   Cit.    45,   371. 


TITLE  3. 

ACCOUNTANTS. 
ACT  11. 

An  act  to  create  a  state  board  of  accountancy  and  pre- 
scribe its  duties  and  powers;  to  provide  for  the  exam- 
ination of  and  issuance  of  certificates  to  qualified  ap- 
plicants, with  the  designation  of  certified  public  ac- 
countant; and  to  provide  the  grade  of  penalty  for  viola- 
tions of  the  provisions  hereof. 

[Approved   March   23,   1901;    Stats.   1901,   645.] 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Gen.    Laws— 1  (1) 


Act  11,  §§  1,  S  ACCOUNTANTS.  2 

Section  1.  Within  thirty  days  after  the  passage  of  this 
act  the  governor  shall  appoint  five  persons,  at  least  three 
of  whom  shall  be  competent  and  skilled  public  accountants 
who  shall  have  been  in  practice  as  such  in  this  state  for 
not  less  than  five  consecutive  years,  to  constitute  and  serve 
as  a  state  board  of  accountancy.  The  members  of  such 
board  shall,  within  thirty  .  days  after  their  appointment, 
take  and  subscribe  to  the  oath  of  office  as  prescribed  by 
the  Political  Code,  and  file  the  same  with  the  secretary  of 
state.  They  shall  hold  office  for  four  years,  and  until  their 
successors  are  appointed  and  qualified;  save  and  except 
that  one  of  the  members  of  the  board  first  to  be  appointed 
under  this  act  shall  hold  office  for  one  year;  one  for  two 
years;  one  for  three  years,  and  two  for  four  years.  Any 
vacancies  that  may  occur,  from  any  cause;  shall  be  filled 
by  the  governor  for  the  unexpired  term;  provided,  that 
all  appointments  made  after  the  first  year  must  be  made 
from  the  roll  of  certificates  issued  and  on  file  in  the  office 
of  the   governor. 

See.  2.  The  state  board  of  accountancy  shall  have  its 
office  in  the  city  and  county  of  San  Francisco,  and  its  pow- 
ers and  duties  shall  be  as  follows: 

1.  To  formulate  rules  for  the  government  of  the  board 
and  for  the  examination  of  and  granting  of  certificates  of 
qualification   to  persons  applying  therefor; 

2.  To  hold  written  examinations  of  appbeants  for  such 
certificates,  at  least  semi-annually,  at  such  places  as  cir- 
cumstances and  applications  may  warrant; 

3.  To  grant  certificates  of  qualification  to  such  appli- 
cants as  may,  upon  examination,  be  found  qualified  in  "the- 
ory of  accounts,"  "practical  accounting,"  "auditing,"  and 
"commercial  law,"  to  practice  as  certified  public  account- 
ants; 

4.  To  charge  and  collect  from  all  applicants  such  fee, 
not  exceeding  twenty-five  dollars,  as  may  be  necessary  to 
meet  the  expenses  of  examination,  issuance  of  certificates 
and  conducting  its  office;  provided,  that  all  such  expenses, 
including  not  exceeding  five  dollars  per  day  for  each  mem- 
ber while  attending  the  sessions  of  the  board  or  conducting 
examinations,  must  be  paid  from  the  current  receipts,  and 
no  portion  thereof  shall  ever  be  paid  from  the  state  treas- 
ury; 


3  ACCOUNTANTS.  Acts  11,  §§3-5 

5.  To  require  the  annual  renewal  of  all  such  certificates, 
and  to  collect  therefor  a  renewal  fee  of  not  exceeding  one 
dollar; 

6.  To  revoke  for  cause  any  such  certificate,  after  writ- 
ten notice  to  the  holder,  and  a  hearing  being  had  thereon; 
provided,  that  such  revocation  must  receive  the  affirmative 
vote  of  at  least  four  members  of  the  board; 

7.  To  report  annually  to  the  governor,  on  or  before  the 
first  day  of  December,  all  such  certificates  issued  or  re- 
newed, together  with  a  detailed  statement  of  receipts  and 
disbursements;  provided,  that  any  balance  remaining  in 
excess  of  the  expenses  incurred  may  be  retained  by  the 
board  and  used  in  defraying  the  future  expenses  thereof; 

8.  The  board  may,  in  its  discretion,  under  regulations 
provided  by  its  rules,  waive  the  examination  of  applicants 
possessing  the  qualifications  mentioned  in  section  three,  who 
shall  have  been  for  more  than  three  years  prior  to  the 
passage  of  this  act  practicing  in  this  state  as  public  ac- 
countants on  their  own  account,  and  who  shall,  in  writing, 
apply  for  such  certificates  within  one  year  thereafter. 

Sec.  3.  Any  citizen  of  the  United  States,  or  any  person 
who  has  duly  declared  his  intention  of  becoming  such  citi- 
zen, residing  and  doing  business  in  this  state,  being  over 
the  age  of  twenty-one  years  and  of  good  moral  character, 
may  apply  to  the  state  board  of  accountancy  for  examina- 
tion under  its  rules,  and  for  the  issuance  to  him  of  a  certifi- 
cate of  qualification  to  practice  as  a  certified  public  ac- 
countant, and  upon  the  issuance  and  receipt  of  such  certifi- 
cate, and  during  the  period  of  its  existence,  or  of  any  re- 
newal thereof,  he  shall  be  styled  and  known  as  a  certified 
public  accountant  or  expert  of  accounts,  and  no  other  per- 
son shall  be  permitted  to  assume  and  use  such  title  or  to  use 
any  words,  letters  or  figures  to  indicate  that  the  person 
using  the  same  is  a  certified  public  accountant. 

Sec.  4.  Any  violation  of  the  provisions  of  this  act  shall 
be    deemed    a    misdemeanor. 

Sec.  5.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


Acts  16-21  ACKNOWLEDGMENTS.  * 

TITLE  4. 

ACKNOWLEDGMENTS. 

The    legislature    at    various    times    has    passed    statutes    validating 
acknowledgments.    See    Civil   Code,    sec.    1207. 

Consult   the   following   acts   In   this   connection: 

ACT  16. 

Legalizing    acknowledgments     of     deeds.     [Stats.    1852,     p. 

166.] 

This    act    legalized    acknowledgments    taken    by    recorders    before 
March   26,    1851. 

ACT  17. 

To  legalize  certain  acknowledgments.     [Stats.  1859,  p.  212.] 

This  act  legalized  acknowledgments  taken  by  deputy  clerks  of  the 
superior    court    and    deputy    county    recorders. 

ACT  18. 

Concerning  certain  acknowledgments  of  deeds  and  other 
instruments  in  writing,  affecting  real  estate.  [Stats. 
1860,   179.] 

This    act    provided    for    correcting    defective    certificates.    It    was 
superseded  by  Civil  Code,  sec.   1202. 

ACT  19. 

To  legalize  certain  acknowledgments,  required  by  section  2 
of  an  act  to  provide  for  the  formation  of  chambers  of 
commerce,    boards    of    trade,    mechanics '    institutes    and 
similar   protective   associations.      [Stats.    1885,   p.   55.] 
This   act  appears  in  full  In  Civil   Code,   Appendix,   p.   665. 

ACT  20. 

To  legalize   certain   acknowledgments.      [Stats.   1891,  p.   20.] 

Superseded   1897,    29,    chap.    XXXII. 

This   act    legalized    acknowledgments    by    court   commissioners. 
Cal.    Rep.    Cit.     97,    483;    10S,    145. 

ACT  21. 

To   legalize   certain   acknowledgments.     [Stats.   1897,  p.   29.] 

This    act     Klc  ilized    acknowledgments    before    court    commissioners 
and   county   clerks. 


5  ADOPTION— ADULTERATION.  Acts  26-Sti 

TITLE  5. 

ADOPTION. 
ACT  26. 

Providing  for  the  adoption  of  minors  and  the  legitimizing 
children   born    out    of    wedlock.     [Stats.    1869-70,    530.] 

Superseded  by  Civil  Code. 
Cal.   Rep.   Cit.    81,  420;    81,   441;    81,  446. 

ACT   27. 

To  authorize  managers  of  orphan  asylums  to  give  their 
consent  to  the  adoption  of  children  under  their  care. 
[Stats.   1877-8,  p.  963.] 

See    Civ     Code,    sec.    224;   amended   1835,   39. 
Cal    Rep    at.    65.  382. 


TITLE  6.     . 

ADULTEEATION. 
ACT  32. 

To  prevent  fraud  and  deception  in  the  manufacture  and 
sale  of  butter  and  cheese.     [Stats.    1881,  p.   14.] 

Superseded  by  1895,   41;    1897,  65. 

ACT  33. 

To  prevent  decepti  n  in  the  manufacture  and  sale  of  but- 
ter and  cheese  and  to  secure  its  enforcement.  [Stats. 
1895,  p.  41.] 

Repealed   in  effect  1897,   65. 

ACT  34. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter 
anu  cheese,  to  secure  its  enforcement  and  to  appro- 
priate   money    therefor.     [Stats.    1897,    p.    65.] 

This  act  is  in  full  in  the  Appendix  to  the  Penal  Code,   p.  574. 

ACT  35. 

To   provide   against   the   adulteration   of   food   and   drugs. 
[Stats.  1895,  p.  71.] 

This  act  is  in   full  in  the   Appendix  to  the  Penal   Code,  p.   657. 
Codified   in   part   by   amendment   of   Penal    Code,    adopted   1905.     See 
Penal  Code  Supp.,   §  383,  note. 

ACT  36. 

To   prevent   the   adulteration   of   food    and   liquors.     [Stats. 
1862,  484.] 
Superseded  by  Penal  Code,   sec.   382. 


Acts  37T44  ADULTERATION.  6 

ACT  37. 

To    prevent    the    sale    of    imitation    or    adulterated    honey, 
[Stats.   1895,  p.  94.] 

Superseded  1897,   12. 

ACT  38. 

To    prohibit   the    adulteration    of    honey,    and    to    provide    a 

punishment    therefor.     [Stats.    1897,    p.    12.] 

This  act  is  in   full   in  the   Appendix  to  the  Penal  Code,   p.   559. 

ACT  39. 

To  protect  and  encourage   the  production   and   sale   of  pure 

and    wholesome    milk,    and    to    prohibit    and   punish    the 

production  or  sale  of  unwholesome  or  adulterated  milk. 

[Stats.    1869-70,   298.] 

Superseded   by    Penal   Code,    sec.   382. 

ACT  40. 

To    provide    for    analyzing    minerals,    mineral    waters,    and 
other  liquids,   and   medicinal   plants,   and   of   foods   and 
dtugffj   to      n  vent  the  adulteration  of  the  same.      [Stats. 
1885,  p.  43.] 
This  act  appears  in  full  in  Political  Code,  Appendix,  p.   1111. 

ACT  41. 

To   regulate   the   sale   of   imitation   olive   oil.     [Stats.    1893, 
p.    210.] 
This  act  is   in  full   in  the   Appendix  to   the  Penal   Code,   p.   638. 

ACT  42. 

To    prohibit    and    punish    the    sale    of    adulterated    svrup. 

[Stats.   1877-8,  p.   695.] 

This  act  is  in  full  in  the  Appendix  to  the  Penal  Code,   p.   551. 

ACT  43. 

To   prohibit   the  sale   and   disposal   of  adulterated   spirituous 
or     alcoholic     liquors,     wines     or     cider.     [Stats.     1860, 
186.] 
Superseded   by  Penal   Code,   sec.   382. 

ACT  44. 

To  prohibit  the  sophistication  and  adulteration  of  wine 
and  to  prevent  fraud  in  the  manufacture  and  sale  there- 
of.    [Stats.   1887,  p.  46.] 

This  act  is  in   full   in   the   Appendix  to   the   Penal   Code,   p.    551. 
Cal.   Rep.   Cit.    74,  29;  74,  39;  102,   164. 


1  ADULTERY— AGRICULTURE.  Acts  49-63 

TITLE  7. 
ADULTEEY. 
ACT  49. 

Adultery,    act    to    punish.      [Stats.    1871-2,    p.    380.] 
This   act   appears    in   full   in   the   Penal   Code,    Appendix,    p.    560. 
Codified    by.  amendment    of    Penal    Code,    adopted    1905.     See    Penal 
Code,    §    269a,    note. 


TITLE  8. 

AGED    PEESONS. 
See    Home    of    Adult    Blind;     Veterans'    Home    Association. 
ACT  54. 

To   appropriate   money  for   the   support   of   aged   persons   in 
indigent    circumstances.     [Approved    March     15,     1883. 
Stats.   1883,  380.] 
Repealed   1895,    23. 

This  act  provided   for  an   appropriation   of  one   hundred   dollars  for 
every    aged    person,    minor,    orphan,    half    orphan,    or    abandoned    child 
maintained  in  any   institution. 
Cal.    Rep.   Cit.    69,   74;     77,   134;     114,   395;     123,   151. 


TITLE  9. 

AGENTS. 
ACT   59. 

Relating   to   advances,   bona   fide,    made   to   agents   intrusted 
with   goods,   and  for   the   better   protection   of   such  ad- 
vances.     [Stats.   1877-8,  p.   835.] 
Repealed  1880,   120. 
Cal.   Rep.    Cit.    66,   308. 


TITLE  10. 
AGRICULTURE. 

See    Fruit    Trees    and    Vines;      Horticulture;      Silk    Culture;     Viti- 
culture. 

ACT  62. 

To  provide  for  the  improvement  cf  the  cereal  crops  of  Cali- 
fornia and  appropriating  money  therefor.      [Stats.   1905, 
p.  128.] 
This    act    provided    for    investigation    and    experiments    under    the 

direction    of    the    director    of    the    agricultural     experiment    station     ot 

the   University   of   California. 

ACT   63. 

An  act  making      i   appropriation   for  the   erection   and   con- 
struction  of  buildings   and   equipping   the   fair   grounds 


Act  61,  {  1  AGRICULTURE.  8 

owned  by  or  under  the  jurisdiction  and  control  of  tha 
California  State  Agricultural  Society,  for  exposition 
and  state  fair  purposes  and  for  the  payment  of  other 
expenses  incidental  and  relating  thereto,  prohibiting 
gambling  of  all  kinds  upon  the  grounds  and  premises 
under  the  control  of  said  California  State  Agricultural 
Society,  and  providing  a  penalty  for  gambling-  or  gam- 
ing thereon,  and  providing  that  certain  moneys  now  in 
the  state  treasury  may  be  used  in  connection  with  this 
appropriation  for  such  purposes.     [Stats.   1905,  p.   793. j 

ACT  64. 

An  act  to  authorize  state  agricultural  societies  under  the 
control  of  the  state  to  sell  prop  ^rty  held  by  them  in 
fee,  or  held  by  trustees  for  their  use,  or  in  which  they 
may  have  any  interest;  to  prescribe  a  course  of  pro- 
cedure therefor;  to  indemnify  purchasers  at  sueh  sale, 
and    to    direct    how    the    proceeds    shall    be    applied. 

[Stats,     approved     February     25,     1897.     Stats.     1897,     30. 
Amended  1899,  106.] 

Section  1.  Whenever  any  state  agricultural  society 
under  state  control  shall  desire  to  sell  the  whole  or  any 
portion  of  its  real  estate  held  by  it  in  fee,  or  by  a  trustee 
for  its  use,  or  in  which  it  may  have  any  title,  interest,  or 
claim,  it  shall  be  lawful  for  such  society  or  association  to 
file  its  complaint  in  the  superior  court  of  the  county  in 
which  sueh  lands  are  situated,  setting  forth  the  nature  of 
the  title  under  which  the  land  to  be  affected  by  the  decree 
of  the  court  is  held,  and  what  claim  such  society  or  asso- 
ciation has  therein;  and  that  it  is  the  desire  of  such  society 
or  association  to  sell  sueh  real  estate,  and  praying  for 
judgment  authorizing  it  to  sell  the  same.  In  such  action 
the  trustee  or  trustees  holding  title  in  trust  for  such  so- 
ciety or  association,  or  their  suceesscis,  or  tL<;  survivor  or 
survivors  of  them,  or  such  other  persons  deriving  title 
from  the  trustees,  as  the  case  shall  require,  shall  be  made 
parties  defendant;  and  upon  the  service  of  the  summons 
upon  such  defendants  personally  or  by  publication,  or  upon 
their  appearance,  the  court  shall  have  full  jurisdiction  iu 
the  premises.  Such  society  or  association  may  include 
as  defendants  in  such  action  in  addition  to  such  persons 
or  parties  as  appear  of  record  to  have,  and  other  persons  or 
parties  who  are  known  to  have,  some  claim  in  or  lien  on 
the  lands  described  in  the  complaint;  also  all  other  persons 


9  AGRICTJLTTJBE.  Act  64,  §  1 

or  parties  unknown,  claiming  any  right,  interest,  or  lien 
in  such  land,  and  the  plaintiff  may  describe  such  defend- 
ants in  the  complaint  as  follows: 

"Also  all  other  persons  or  parties,  unknown,  claiming 
any  right,  title,  estate,  lien,  or  interest  in  the  real  estate 
described  in  the  complaint  herein."  Service  of  the  sum- 
mons may  be  had  upon  all  such  unknown  persons  or  par- 
ties defendant  by  publication,  as  provided  by  law  in  case  of 
non-resident  defendants.  All  such  unknown  persons  or 
parties  so  served  shall  have  the  same  rights  as  are  pro- 
vided by  law  in  ease  of  all  the  other  defendants'  upon  whom 
service  is  made  by  publication  or  personally  and  the  ac- 
tion shall  proceed  against  such  unknown  persons  or  parties 
in  the  same  manner  as  against  the  defendants  who  are 
named,  upon  whom  service  is  made  by  publication,  and 
with  like  effect;  and  any  sueh  unknown  persons  or  par- 
ties who  have  or  claim  any  right,  estate,  lien,  or  in- 
terest in  the  said  property  in  controversy  at  the  time 
of  the  commencement  of  the  action,  duly  served  as  afore- 
said, shall  be  bound  and  concluded  by  the  judgment  in 
such  action  as  effectually  as  if  the  action  was  brought 
against  such  defendant  by  his  or  her  name,  and  personal 
service  of  the  summons  obtained,  notwithstanding  any  such 
unknown  person  may  be  under  legal  disability.  The  court 
shall  have  full  power  and  authority  to  order  the  prop- 
erty sold.  In  case  of  a  sale,  the  court  shall  appoint  a 
commissioner  to  make  the  sale,  and  shall  direct  the  man- 
ner in  which  the  sale  shall  be  conducted;  provided,  that 
when  any  property  is  held  in  trust  by  any  such  agricul- 
tural society  or  association,  such  property  held  in  trust 
shall  be  sold  separately  from  any  that  may  be  held  in  fee. 
The  commissioner  shall  make  a  report  of  sale  to  the  court, 
whieh,  after  such  notice  as  it  may  deem  proper,  shall 
proceed  to  hear  the  same,  and  if  it  finds  that  the  sale  was 
fairly  conducted,  and  the  price  bid  was  proportionate  to 
the  value  of  the  land  sold,  it  shall  make  and  enter  a  de- 
cree confirming  the  sale,  and  directing  the  commissioner  to 
execute  a  deed  to  the  purchaser.  The  deed  executed  by 
said  commissioner,  under  and  in  pursuance  of  the  decree 
of  the  court,  shall  be  valid  and  effectual  to  convey  to  the 
purchaser  an  absolute  title  in  fee  simple  to  the  premises; 
provided,  however,  that  before  the  filing  of  any  sueh  com- 
plaint in  the  superior  or  any  other  court,  it  shall  be  neces- 
sary for  such  agricultural  society,  or  any  person  or  cor- 
poration  claiming  the   title   to   sueh   land,   to   prepare,   sign, 


Act  64,  §  1  AGRICULTURE.  10 

and    properly    acknowledge    a    good    and    sufficient    deed    or 
deeds   sufficient   to   vest    in   the    state   all    title,   interest,    or 
claim   which    such    society    may   have   in    and    to    any    land 
to  be  affected  by  the   proceedings  hereby  authorized  to  be 
instituted;    such   deed    or   deeds   to   be   conditioned   that   the 
title,   claim,   or  interest   of   such   society    embraced    in    such 
deed   or  deeds   shall   be   held   by   the   state   of   California   in 
trust  for   the   benefit    of   such   society;   which   said   deed    or 
deeds    shall    be    deposited    with    the    state    treasurer,    to    be 
by  him  held  in  escrow  pending  the  final  conclusion  of  such 
proei  i  dings  in  Bucb  court.     Tf  the  court  in  which  such  pro- 
ceedings are  had  shall  order  such  land  to  be  sold,  as  herein 
provided    for,    the    state    treasurer   shall    forthwith    file   such 
deed   or   deeds   with    the    county   recorder   of   the   county,    or 
city   and  county,   in   which   such   land   is   located.     If   there 
be    any    liens    upon    or    claims    against    the    property,    the 
court    shall    order    them    paid    out    of    the    proeeeds   of   sale. 
The  residue  remaining,  after  paying  the  costs  and  expenses 
of  sale   and  such  liens  and   claims  against  the  property   as 
the    court    may    order    paid,    shall    be    paid    into    the    state 
treasury,  where  it   shall    remain   until   required   for  the   pur- 
chase   of    other    property    for    the    use    of    such    society    or 
association,  upon   the   order   of   the   state   controller;    and   it 
shall    be    drawn    therefrom    only    upon    authorization    passed 
by    the   board    of    directors    or    trustees    of   such    society   or 
association,  by  and  with  the  approval  of  the  state  board  of 
examiners,    and    upon    warrants    duly    drawn    by    the    state 
controller.     If,   through   any  defects   in   the   proceedings,   or 
otherwise,   the   title   should   not  pass,   the  state   will   indem- 
nify  the  purchaser  by   repaying   to    him  the  amount   paid   by 
him;   provided,  such   purchaser  or  purchasers  shall,  file  their 
claim   or   claims   for    the    repayment   of   such   purchase    price 
with    the   state   board   of   examiners   within   five  years   after 
the   payment   of   such  purchase   price  to   the  state   treasurer, 
in    the    first    instance.     The    surplus    of    proceeds    of    sale, 
paid    into    the    state    treasury,    shall    be    drawn    out    on    cer- 
tificate,  signed   by   a   majority   of   the   directors,   or   govern- 
ing   body    of    such    socii  'y    or    association,    and    also    of    the 
state    board    of    examiners,    stating    that    it    is    desired    for 
the    payment   for   other   property    for    the   use   of   such    agri- 
cultural  society;    and   upon    receipt   of   such   certificate,   the 
tr<  asurer    shall    pay    to     the    said    directors,    or    governing 
body,'  or    person    designated    by    them,    all    or   such    part    at 
such  surplus  as  may   be  required   for   the   purchase  of  other 
property;   provided,   however,   that  if  all  or  any  portion   of 


11  AGRICULTURE.  Act  64,  §  2 

the  real  estate,  and  the  improvements  thereon  held  by  any 
state  agricultural  society  under  state  control,  shall  have 
been  acquired  in  the  name  of  such  society,  or  of  any  per- 
son, association,  or  corporation,  in  trust  for  the  use  of  said, 
or  any  other  agricultural  society,  originally,  or  at  any  time, 
by  the  use  of  money  derived  from  taxation  of  the  taxable 
property  of  any  city  and  county,  county,  or  city,  then,  and 
in  that  event,  the  surplus  proceeds  of  any  sale  of  such 
property  shall  be  invested  in  other  real  estate,  within  the 
same  county,  or  city  and  county,  for  the  same  purpose, 
and  not  otherwise,  or  elsewhere.  It  is  expressly  provided 
that  in  no  event  shall  the  state  be  liable  for  the  payment  of 
any  expense,  interest,  or  attorneys'  fees,  incurred  by  any 
one,  on  any  account,  by  or  on  behalf  of  any  such  agricul- 
tural society  in  their  behalf;  and  it  shall  be  incumbent 
on  such  society  to  make  provision  for  the  payment  of  the 
expenses,  costs,  attorneys'  fees,  and  any  interest  that  may 
be  necessary  to  be  paid  any  purchaser,  by  reason  of  repay- 
ment of  any  purchase  money  on  account  of  failure  of  title 
to  such  lands;  such  provision  for  the  payment  of  expenses, 
attorney's'  fees,  costs,  and  anticipated  interest  to  be  pro- 
vided for  prior  to  the  issue  of  any  summons,  or  order  of 
publication  in  any  action  contemplated  by  this  act. 
[Amended   March    16,    1899.     Stats.    1899,    106.] 

Sec.  2.  If  any  real  estate  contemplated  in  the  preceding 
section,  purchased  by  the  proceeds  of  taxes  levied  upon 
and  collected  from  the  taxable  property  of  any  city  and 
county,  county,  or  city,  shall  have  been  ordered  sold,  as 
in  said  section  provided,  and  shall  have  been  offered  for 
sale  in  the  mode  therein  specified,  for  a  period  of  sixty 
days  or  more,  and  not  all  sold  for  want  of  an  adequate 
price,  the  board  of  directors,  or  governing  body  of  such 
society  or  association,  shall  be,  and  they  are  hereby  author- 
ized and  empowered  to  exchange  all  or  any  part  of  such 
real  estate  for  other  land  suitable  for  the  use  of  such 
«ociety,  or  association,  within  the  same  county,  or-  city 
and  county,  upon  such  terms  as  may  be  reasonable  and 
just,  and  the  deed  or  deeds  executed  for  the  conveyance  of 
such  real  estate  in  exchange  shall  be  executed  by  the  board 
of  directors  of  such  society  or  association,  or  a  majority 
thereof,  and  by  the  commissioner  appointed  in  the  proceed- 
ings provided  for  in  the  preceding  section  for  the  sale  of 
such  property,  and  such  exchange  of  property  shall  be 
subject  to,  and  with  the  approval  of  a  judge  of  the  superior 
court  of  the   county,  or  city  and  county,  in  which  the  pro- 


Acts  G5-68  AGRICULTURE.  12 

ceedings  provided  for  were  had.     [New  section  added  March 
16,    1899.     Stats.    1899,    108.] 

Sec.  3.  In  case  of  the  exchange  of  any  portion  of  such 
property,  as  provided  for  in  section  two  thereof;  the  real 
estate  received  in  such  exchange  shall  be  subject  to  th 
indemnification  of  any  person  who  shall  receive  any  of  the 
said  real  estate  of  said  agricultural  society  in  such  ex- 
change in  case  of  any  defect  in  the  procc(  dings,  or  other- 
wise, whereby  the  title  to  such  real  estate  of  such  so- 
ciety should  not  pass,  and  in  such  case  of  exchange  the 
state  of  California  shall  be  absolved  from  any  obligation 
to  pay  any  part  of  any  purchase  price,  or  value  of  ex- 
changed property;  provided,  further,  that  no  claims  for 
failure  of  title  for  any  reason  shall  be  entertained  after  fiv<' 
years  from  the  date  of  such  exchange.  [New  section  added 
March  16,  1899.     Stats.   1899,  109.] 

Sec.  4.     This  act  shall   take   effect  immediately  from  and 
after  its  passage. 
Prior  acts  relating  to  agricultural  societies: 

ACT   65. 

To   incorporate   a    state    agricultural    society.     [Stats.    1854, 

56.] 

Amended  1858.   SO;    18G3,   50.     Supp.   18fi3,   49,    259. 
These   acts   were  continued   In   force   by   Political   Code,    sec.    2326. 
Cal.   Rep.  Clt.    121,  19. 

ACT    66. 

Concerning    agricultural    societies.     [Stats.    1859,    104.] 

Amended   1862,    37;     1869-70,    31;     1877-8,   84. 

This   act   provided    for   the    formation   of   agricultural    societies    by 
any  seven  or  more  persons  and  for  their  powers  and  government. 

ACT   67. 

Providing  for  the  management  and  control  of  the  state  agri- 
cultural  society.     [Stats.    1880,   p.   49.] 

CaT.   Rep.   Clt     85,   610;     121,   19. 

ACT  68. 

An  act  entitled  an  act  to  form  agricultural  districts,  to  pro- 
vide for  formation  of  agricultural  associations  therein, 
and  for  the  management  and  control  of  the  same  by  the 
state,  and  to  repeal  all  acts  and  parts  of  acts  in  conflict 
with   this   act. 

[Stat,  approved  March  31,  1897.  Stats.  1897,  304.  Amend- 
ed  1901,   304.] 


lo  AGRICULTURE.  Act  6S,  5  ! 

Section  1,  The  several  counties  of  this  state  are  di- 
vided and  classified  into  agricultural  districts  and  num- 
bered as  follows,   to  wit: 

The  counties  of  San  Francisco  and  Alameda  shall  con- 
stitute  agricultural    district    No.    1. 

The  county  of  San  Joaquin  shall  constitute  agricultural 
district  No.  2. 

The  county  of  Butte  shall  constitute  agricultural  dis- 
trict No.  3. 

The  counties  of  Sonoma  and  Marin  shall  constitute  agri- 
cultural district  No.  4. 

The  counties  of  San  Mateo  and  Santa  Clara  shall  con- 
stitute  agricultural   district  No.  a. 

The  county  of  Los  Angeles  shall  constitute  agricultural 
district  No.   6. 

The  county  of  Monterey  shall  constitute  agricultural  dis- 
trict No.  7. 

The  county  of  El  Dorado  shall  constitute  agricultural 
district  No.  8. 

The  county  of  Humboldt  shall  constitute  agricultural 
district  No.  9. 

The  county  of  Siskiyou  shall  constitute  agricultural  dis- 
trict No.  10. 

The  counties  of  Plumas  and  Sierra  shall  constitute  agri- 
cultural district  No.  11;  provided  that  the  first  fair  held 
in  the  eleventh  agricultural  district  after  the  passage  of 
this  act  shall  be  held  in  Sierra  County;  the  next  fair  in 
Plumas  County,  and  thereafter  said  counties  shall  so  alter- 
nate in  holding  puch  fairs. 

The  county  of  Lake  shall  constitute  agricultural  district 
No.  12. 

The  counties  of  Sutter  and  Yuba  shall  constitute  agricul- 
tural district  No.  13. 

The  county  of  Santa  Cruz  shall  constitute  agricultural 
district  No.  14. 

The  county  of  Kern  shall  constitute  agricultural  district 
No.    15. 

The  county  of  San  Luis  Obispo  shall  constitute  agricul- 
tural district  No.  16. 

The  county  of  Nevada  shall  constitute  agricultural  dis- 
trict No.  17. 

The  counties  of  Mono,  Inyo,  and  Alpine  shall  consti- 
tute  agricultural   district  No.   18. 

All  that  portion  of  Santa  Barbara  County  lying  east 
of  the  Gaviota  and  south  of  the  Santa  Ynez  Mountains, 
shall  constitute  agricultural  district  No.  19. 


Act  6S,  §  1  AGRICILTURE.  14 

The  county  of  Placer  shall  constitute  agricultural  dis- 
trict No.  20. 

The  counties  of  Fresno  and  Madera  shall  constitute  agri- 
cultural district  No.  21. 

The  county  of  San  Diego  shall  constitute  agricultural 
district    No.  22. 

The  county  of  Contra  Costa  shall  constitute  agricultural 
district  No.  23. 

The  counties  of  Tulare  and  Kings  shall  constitute  agri- 
cultural  district   No.  24. 

The  county  of  Napa  shall  constitute  agricultural  district 
No.  25. 

The  county  of  Amador  shall  constitute  agricultural  dis- 
trict  No.  26.' 

The   counties  of  Shasta  and  Trinity  shall   constitute  agri-    . 
cultural   district  No.  27. 

The  counties  of  San  Bernardino  and  Riverside  shall  con- 
stitute agricultural   district  No.  28. 

The  county  of  Tuolumne  shall  constitute  agricultural  dis- 
trict No.  29.* 

The  county  of  Tehama  shall  constitute  agricultural  dis 
trict  No.  30. 

The  county  of  Ventura  shall  constitute  agricultural  dis- 
trict No.  31. 

The  county  of  Orange  shall  constitute  agricultural  dis- 
trict No.  32. 

The  county  of  San  Benito  shall  constitute  agricultural 
district  No.  33. 

The  county  of  Modoc  shall  constitute  agricultural  dis- 
trict No.  34. 

The  counties  of  Merced  and  Mariposa  shall  constitute 
agricultural  district  No.  35. 

The  county  of  Solano  shall  constitute  agricultural  dis- 
trict No.  36. 

All  that  portion  of  Santa  Barbara  County  not  includco! 
in  agricultural  district  No.  19  shall  constitute  agricultural 
district  No.  37. 

The  county  of  Stanislaus  shall  constitute  agricultural 
district  No.  38. 

The  county  of  Calaveras  shall  constitute  agricultural  dis- 
trict No.  39. 

The  counties  of  Yolo  and  Sacramento  shall  constitute  agri- 
cultural district  No.  40. 

The  count}'  of  Del  Norte  shall  constitute  agricultural  dis- 
trict No.  41. 


15  AGRICULTURE.  Act  68,  §§2,  3 

The  county  of  Glenn  shall  constitute  agricultural  dis- 
trict No.  42. 

The  county  of  Lassen  shall  constitute  agricultural  dis- 
trict No.  43. 

The  county  of  Colusa  shall  constitute  agricultural  dis- 
trict No.  44. 

The  county  of  Mendocino  shall  constitute  agricultural 
district  No.  45.  [Amendment  approved  March  15,  1901. 
Stats.    1901,   p.    304;    in    effect   immediately.] 

Sec.  2.  Where  two  or  more  counties  shall  constitute 
an  agricultural  district,  each  county  shall  be  represented 
in  the  district  board  of  directors  by  at  least  tw<*  resident 
citizens,  as  directors  in  said  board;  provided,  that  when 
by  reason  of  the  formation  of  a  new  agricultural  district, 
a  director  of  one  district  becomes  a  resident  of  another, 
his  term  of  office  as  director  will  expire  in  sixty  days  after 
the  formation  of  the  new  agricultural  district.  Whenever 
the  board  of  directors  of  two  or  more  agricultural  districts 
shall,  by  a  majority  vote  of  each  board,  elect  to  unite,  the 
said  several  districts  may  associate  as  one  district,  and 
hold  a  fair  in  any  of  said  districts,  and  may  for  such  pur- 
pose draw  the  appropriation  for  all  of  said  districts,  and 
expend  the  same  for  said  fair. 

See.  3.  Any  fifty  or  more  persons,  representing  a  ma- 
jority of  the  counties  within  any  one  of  the  districts  above 
constituted,  may  from  an  association  for  the  improvement 
of  the  material  industries  within  such  district,  and  when 
so  formed,  the  association  shall  be  known  and  designated 
by  the  name  of  - — -  agricultural  association  and  by 
such  name  and  style  shall  have  perpetual  succession,  and 
shall  have  power  and  authority  to  contract  and  be  con- 
tracted with,  to  sue  and  be  sued,  to  have  and  use  a  com- 
mon seal,  to  purchase  and  hold  and  lease  real  estate,  with 
such  buildings  and  improvements  as  may  be  ereeted 
thereon,  and  may  sell  and  lease  and  dispose  of  the  same 
at  pleasure.  The  said  real  estate,  except  as  hereinafter 
provided,  shall  be  used  by  such  association  for  the  purpose 
of  holding  exhibitions  of  horses,  cattle,  and  other  stock, 
and  of  the  agricultural,  horticultural,  viticultural,  mechani- 
cal, manufacturing,  and  domestic  products  of  such  district, 
with  a  view  to  the  improvement  of  all  industries  in  the 
same.  But  the  said  association  shall  have  the  power,  and 
are  hereby  authorized,  to  sell  and  convey  any  portion  of  the 
real  estate  held  by  it,  by  whatever  title  derived,  which 
may  not  be  necessary  for  the  permanent  use  of  said  asso- 
ciation for  the  purposes  aforesaid. 


Act  68,  |§  4-8  AGRICULTURE.  « 

Sec.  4.  The  officers  of  such  association  shall  consist  of 
eight    directors,    who    shall    constitute    a    district     board     of 

agriculture     for     district     number    ;    a    president,    who 

shall  be  one  of  their  number,  and  a  secretary  and  treasurer, 
not  of  their  number. 

Sec.  5.  Within  ten  days  after  the  formation  of  any  new 
agricultural  association  within  any  of  the  districts  above 
constituted  in  accordance  with  the  provisions  of  this  act, 
and  notice  of  such  formation  to  the  governor,  the  governor 
shall  appoint  eight  resident  citizens  of  such  district  as 
members  of  a  district  board  of  agriculture  for  said  dis- 
trict, whose  term  of  office  shall  be  four  years,  except  as 
hereinafter    provided. 

Sec.  6.  Within  ten  days  after  their  appointment,  the 
persons  so  appointed  shall  qualify  as  required  by  the  con- 
stitution, and  shall  meet  at  a  place  within  the  district  and 
ojrganize  by  the  election  of  one  of  their  number  as  presi- 
dent of  the  board  and  association,  who  shall  hold  said  office 
of  president  one  year,  and  until  his  successor  is  elected; 
they   shall    also    elect    a    secretary    and    treasurer. 

Sec.  7.  At  the  same  meeting  the  members  of  the  board 
shall,  by  lot  or  otherwise,  classify  themselves  into  four 
classes  of  two  members  each.  The  term  of  office  of  the 
first  class  shall  expire  at  the  end  of  the  first  fiscal  year; 
of  the  second  class,  of  the  second  fiscal  year;  of  the  third 
class,  of  the  third  fiscal  year;  and  of  the  fourth  class,  at 
the  end  of  the  full  term  of  four  years.  The  fiscal  year 
shall  be  from  December  first  to  December  first;  provided, 
that  all  officers  of  agricultural  districts  now  in  office, 
under  any  law  heretofore  passed,  shall  hold  office  for  the 
term  for  which  they  were  appointed,  except  in  cases  speci- 
fied in  section  two  of  this  act.  And  the  agricultural  asso- 
ciations heretofore  established  shall  be  continued  in  force, 
and,  so  far  as  applicable,  are  made  agricultural  associa- 
tions  under  this   act. 

Sec.  8.  Each  association  so  formed  and  organized  is 
hereby  declared,  and  shall  be  recognized,  a  state  institu- 
tion, and  the  board  so  appointed  and  qualified  shall  have 
the  exclusive  control  and  management  of  such  institution, 
for  and  in  the  name  of  the  state,  and  shall  have  possession 
and  care  of  all  the  property  of  the  association,  and  shall 
fix  the  terms  of  office  and  the  bonds  of  the  secretary  and 
treasurer,  and  determine  their  salaries  and  duties.  They 
shall  have  the  power  to  make  all  necessary  by-laws,  rules, 
and  regulations  for  the  government  of  the  association  and 
the    management    of    its    prudential    and    financial    affairs. 


17  AGRICULTURE.  Act  68,  §§9,  10 

They  shall  provide  for  an  annual  fair  or  exhibition  by 
the  association  of  all  the  industries  and  industrial  products 
in  the  district,  at  such  time  and  place  as  they  deem  ad- 
visable; provided,  that  the  state  shall,  in  no  event,  be 
liable  for  any  premium  offered  or  award  made,  or  for  any 
debt  contracted  by  any  district  board  of  agriculture,  or 
agricultural  association;  and  provided  further,  that  nothing 
in  this  section  shall  be  so  construed  as  in  any  way  to 
affect  or  modify  any  of  the  provisions  of  section  eleven. 

Sec.  9.  When  any  district  board  of  agriculture  shall 
have  been  classified  and  organized  as  herein  provided,  the 
secretary  of  the  board  shall  report  such  classification  and 
organization  to  the  state  board  of  agriculture.  He  shall 
also  report  the  same  to  the  governor,  and  shall  report  any 
vacancy  that  may  occur  in  the  board  to  the  governor,  who 
shall  fill  the  same,  by  appointment,  for  the  unexpired  term. 

It  shall  be  the  duty  of  each  district  association  formed 
under  this  act,  to  report  to  the  state  board  of  agriculture, 
on  or  before  January  first  of  each  year,  a  detailed  financial 
statement,  together  with  a  complete  statistical  review  of 
the  agricultural  resources  of  each  county  in  the  district, 
for  the  year  ending  December  thirty-first.  Said  review  to 
contain  the  acreage  and  yield  of  all  agricultural  produc- 
tions for  the  year  previous,  and  such  other  data  as  may  be 
asked  for  by  the  state  board  of  agriculture  in  the  further- 
ance of  its  duties. 

Sec.  10.  Whenever  any  such  association  shall  desire  to 
'sell  any  portion  of  its  real  estate  not  needed  for  the  per- 
manent use  of  the  association,  for  the  purposes  specified 
in  section  three,  and  such  real  estate  be  held  by  such  as- 
sociation under  a  deed  or  deeds  of  trust  conveying  the 
said  lands  in  trust,  to  be  held  in  perpetuity  as  a  place  for 
holding  agricultural  exhibitions  or  fairs,  or  for  other  per- 
manent purposes  of  such  association,  it  shall  be  lawful  for 
such  association  to  file  its  complaint  in  the  superior  court 
of  the  county  in  which  such  lands  are  situated,  setting 
forth  the  nature  of  the  title  under  which  they  are  held, 
and  that  it  is  the  desire  of  the  said  association  to  sell  and 
dispose  of  such  real  estate,  and  praying  for  judgment  au- 
thorizing it  to  sell  and  convey  the  same.  In  such  action 
the  trustee  or  trustees  in  such  deed  or  deeds,  or  the  sur- 
vivor or  survivors  of  them,  or  the  heirs,  or  administrators, 
or  executors  of  deceased  trustees,  as  the  case  may  require, 
shall  be  made  parties  defendant;  and  upon  service  of  the 
Gen.  Laws— 2 


Act  68,  §  11  AGRICULTURE.  IB 

summons  upon  such  defendants,  personally  or  by  publica- 
tion, or  upon  their  appearance,  the  court  shall  have  full 
jurisdiction  in  the  premises,  and  the  deed  executed  under 
and  in  pursuance  of  the  judgment  of  the  court  shall  be 
valid  and  effectual  to  convey  to  the  purchaser  the  title  of 
said  association,  and  that  of  all  of  its  predecessors  in  title 
made  parties  to  the  suit. 

Sec.  11.  Every  such  association  organized  and  existing 
under  the  laws  of  the  state,  and  which  has  heretofore  issued 
certificates  of  the  capital  stock  of  such  association,  and 
which  certificates  last  mentioned  have  been  accepted  by 
the  members  of  such  association  in  lieu  of  certificates  of 
membership  therein,  may  elect  to  have  a  capital  stock,  and 
may  issue  certificates  of  stock  therefor,  in  the  same  manner 
and  with  like  effect  as  corporations  formed  under  the 
provisions  of  chapter  one,  article  one,  of  the  Civil  Code, 
relating  to  the  formation  of  corporations.  In  order  to 
effect  such  change,  a  meeting  of  the  holders  of  such  alleged 
certificates  of  capital  stock  may  be  called,  at  which  the 
holders  of  such  alleged  stock  shall  be  entitled  to  one 
vote  for  each  share  of  such  stock  appearing  in  their  names, 
respectively,  upon  the  books  of  such  association.  Upon  the 
receipt  of  a  written  application,  signed  by  the  holders  of 
one-fourth  of  the  shares  of  such  alleged  capital  stock  of 
such  association,  requesting  him  so  to  do,  the  secretary  of 
such  association  shall  give  notice  of  the  time  and  place  of 
holding  such  meeting,  by  publication  in  some  newspaper 
printed  and  published  in  such  county,  or  city  and  county, 
in  which  the  principal  place  of  business  of  such  associa-' 
tion  is  located,  at  least  once  a  week  for  three  successive 
weeks  next  prior  to  the  holding  thereof.  Such  notice  shall 
state  that  the  object  of  the  meeting  is,  (1)  to  determine 
whether  such  corporation  elects  to  have  a  capital  stock  as 
provided  by  this  act;  (2)  the  amount  of  such  captial  stock, 
and  (3)  the  number  of  shares  into  which  the  same  shall  be 
divided.  At  such  meeting,  should  the  holders  of  a  majority 
of  the  shares  of  such  alleged  capital  stock  vote  in  favor  of 
having  a  capital  stock,  and  fix  the  amount  thereof,  and  the 
number  of  shares  into  which  it  shall  be  divided,  then  such 
corporation  shall  issue  certificates  of  capital  stock  to  the 
amount  fixed  at  such  meeting,  divided  into  the  number  of 
shares  provided  by  said  meeting,  to  the  holders  of  such  al- 
leged capital  stock,  in  the  same  proportion  as  such  alleged 
stock  appears  in  the  names  of  such  holders,  respectively, 
upon  the  books  of  such  association.     A  copy  of  the  notice 


19  AGRICULTURE.  Act  63.  §  11 

calling  such  meeting,  the  affidavit  of  publication  thereof, 
the  proceedings  of  such  meeting,  the  amount  of  capital 
stock  voted,  number  of  shares  into  which  the  capital  stock 
was  divided,  and  to  whom  assigned,  duly  certified  by  the 
chairman  of  such  meeting,  and  the  secretary  of  such  asso- 
ciation, under  the  seal  thereof,  must  be  filed  with  the  sec- 
retary of  state  and  the  clerk  of  the  county  where  such 
association  has  its  principal  place  of  business.  Thereafter 
such  association  shall  be  possessed  of  all  rights  and  powers, 
and  shall  be  subject  to  all  the  obligations  and  restrictions, 
as  if  it  had  been  originally  created  a  corporation  with  a 
capital  stock,  including  the  right  to  elect  a  board  of  di- 
rectors authorized  to  exercise  such  control  of  all  the  prop- 
erty of  such  association,  as  provided  in  chapters  one,  two, 
three,  and  four  of  the  Civil  Code,  relating  to  corporations; 
provided,  such  association  shall  have  no  authority  to  sell 
any  portion  of  the  real  estate  owned  and  held  by  it,  by 
whatever  title  derived,  which  may  be  necessary  for  the 
permanent  use  of  such  association,  for  the  purposes  afore- 
said; and  provided  further,  that  in  the  event  that  such  asso- 
ciation, after  the  issuance  of  a  captial  stock  as  aforesaid, 
shall  be  offered  aid  at  any  time  from  the  state  by  appro- 
priation, for  the  purpose  of  holding  an  annual  district  fair, 
and  such  association,  by  a  vote  of  the  board  of  directors, 
elected  as  hereinafter  provided,  adopts  a  resolution  accept- 
ing such  appropriation,  then  and  in  that  event  said  annual 
fair  shall  be  held  under  the  control  and  management  of  the 
district  board  of  agriculture  of  such  district;  but  said  dis- 
trict board  of  agriculture  shall  have  no  other  authority, 
control,  or  management  of  or  over  the  property  of  such 
association,  and  the  authority  which  it  may  exercise  over 
said  property  shall  continue  only  during  the  time  occupied 
in  holding  the  said  district  fair,  which  time  shall  not  extend 
over   more    than   one   week   annually. 

When  any  corporation  has  elected  to  issue  capital  stock 
under  this  act,  the  president  thereof  shall,  within  ten  days 
after  filing  with  the  secretary  of  state  of  the  certificate 
hereinbefore  provided,  call  a  meeting  of  the  stockholders 
of  such  corporation,  for  the  purpose  of  electing  a  board  of 
directors  of  such  corporation,  which  board  or  directors  shall 
hold  their  office  until  their  successors  are  elected  and  quali- 
fied, and  thereafter  a  board  of  directors  of  such  corpora- 
tion shall  be  elected  annually,  on  the  day  of  the  month 
upon  which  the  election  of  said  first  board  of  directors 
elected  as  aforesaid  is  held,  unless  a  different  day  for  hold- 


Act*  69-74  AGRICULTURE.  20 

ing  such  election  is  fixed  by  the  boarc  of  directors  of  such 
corporation,   by  its  by-laws,   properly   adopted. 

Sec.    12.     All    acts   or   parts   of   acts   in   conflict   with   this 
act  are  hereby  repealed. 

Sec.    13.     This    act   shall    take    effect   from   and   after   its 
passage. 
Other  acts: 

ACT  69. 

To    form    agricultural    districts,    etc.     [Stats.    1880,    p.    62.] 

Amended   1883,    30;     1S85,   39,    126;     1887,   80;     1889,    78;     and   partly,    If 
not  wholly,   repealed  by   1S91,   138;   1895,   14. 

ACT  70. 

To  form  agricultural  districts,  and  provide  for  the  man- 
agement and  control  of  the  same.  [Stats.  1891,  p.  138.] 
Amended   1893,   282;   1895,    14,   100. 

ACT   71. 

For  the  encouragement  of  agricultural  and  other  industries. 

[Stats.    1871-2,    p.    442.] 

Probably   repealed   by  statute   of  1880,    p.   49,   chap.    LX,   and  p.    62, 
chap.   LXIX. 

ACT  72. 

Encouragement   of  agriculture.     [Stats.   1877-8,   p.   332.] 
Superseded   by  18S0.    49,    62;     1897,   304. 
This   act   authorized   appropriations    for  certain   societies. 

ACT  73. 

For  the  better  protection  of  fruit  trees  and  vines.     [Stats. 
1880,  p.  36.] 

Superseded   1897,    241. 
Cal.    Rep.    Clt.    60,    152. 

ACT  74. 

An  act  to  prevent  the  propagation  by  the  production  of 
seed,  of  that  certain  plant  known  as  Sorghum  hale- 
pense,  otherwise  known  as  Johnson  grass. 

[Approved  March  20,  1903.     Stats.  1903,  337.] 


21  ALAMEDA   CITY.  Acts  79-S1 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  owning, 
controlling,  leasing,  or  possessing  land  in  the  state  of 
California,  to  knowingly  permit  that  certain  grass  known 
as  Sorghum  halepense,  otherwise  known  as  Johnson  grass, 
to  mature  and  disseminate  its  seed,  on  land  so  owned, 
leased,  or  possessed  by  such  person. 

Sec.  2.  It  shall  be  unlawful  for  any  person  knowingly 
to  sow  or  disseminate  or  cause  to  be  sown  or  disseminated 
any  seed  of  Sorghum  halepense,  otherwise  known  as  John- 
son grass,  upon  any  land  owned  or  possessed  by  an- 
other. 

Sec.  3.  It  shall  be  unlawful  for  any  person  to  knowingly 
to  sow  or  disseminate  or  cause  to  be  sown  or  disseminated 
any  seed  or  Sorghum  halepense,  otherwise  known  as 
Johnson  grass,  over  or  along  any  roadway,  highway,  or 
right  of  way  for  ditch  purposes,  adjacent  to  premises  owned 
or  possessed  by  him. 

Sec.  4.  Any  person  upon  being  duly  convicted  of  a 
violation  of  any  of  the  preceding  sections  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  may  be  fined  in 
a  sum  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail,  for  a  term  not  exceeding  three 
months. 

Sec.  5.  This  act  shall  take  effect  immediately  from  and 
after  its  passage. 


TITLE  11. 
ALAMEDA    CITY. 
ACT  79. 

Opening   streets    in.     [Stats.    1875-6,    p.    424.] 
Repealed  1877-8,   964. 

ACT  80. 

Streets    in.     [Stats.    1873-4,    p.    795.] 

This    act    related    to    Park    Street,    Santa    Clara    Avenue,    Railroad 
Avenue,   Buena  Vista  Avenue,   and  Third  Avenue. 

ACT  81. 

In   relation   to   ecrtain   streets    in.      [Stats.    1877-8,    p.    964.] 

This    act    related    to    the    following    streets:    Santa    Clara    Avenue, 
Railroad    Avenue,    Versailles    Avenue,    Pearl    Street,    Broadway,    Clinton 
Avenue,    Bay   Avenue,   ami   San   Jose   Avenue. 
Cal    Rep.   Cit.    70,  86. 


Acts  S2-95  ALAMEDA    COUNTY.  22 

ACT  82. 

To  provide  funds  for  school  department  of.     [Stats.  1877-8, 

p.    599.] 
ACT  83. 

Act  to  incorporate.     [Stats.  xST1^,  p.  276.] 
Amended   and   supplemented   1874,   448;   1S76,    367.     Repealed   1877-8,    P. 
S9,    chap.    LXXIX. 

ACT  81. 

Incorporating.     [Stats.   187  7-8,   p.   89.] 

Superseded  by  incorporating,    in   1SS4,   under  the  Municipal   Corpora- 
tion  Act  of  1SS3. 


TITLE  12. 

ALAMEDA   COUNTY. 
ACT  89. 

Officers   of,  salaries.     [Stats.   1873-4,  p.   185.] 

Amended    1875-6,    166.     Repealed   by    County    Government    Acts,    1897, 
501,  sec.   160. 

ACT  90. 

Fixing  salaries  of  certain  officers  of.     [Stats.  1871-2,  p.  720.] 

Repealed   by   County   Government   Act,    1S97,   501,   sec.    160. 
This   act    fixed   the    salaiies   of   the   treasurer,    the    county   recorder 
and  deputy,   the  county   clerk  and  deputies,    and   the   district  attorney. 

ACT  91. 

County    assessor,    abolishing    office    of    and    creating    town- 
ship assessors.     [Stats.   1873-4,   p.  90.] 
Repealed  by    County   Government  Act,    1S97,   452. 

ACT  92. 

Constables,    duties    of.     [Stats.    1877-8,    p.    105.] 
Superseded   by   County   Government  Act,    1S97,   492,    sees*   153,    154. 

ACT  93. 

County  clerk  to  employ  additional  deputie..     [Stats.  1875-6, 
p.   365.] 

Repealed   by    County    Government   Acts,    i897,    452. 

ACT  94. 

To   provide   an   additional  judge   for.      [Stats.    1881,   p.   20.] 

ACT  95. 

Providing  for  one  additional  judge  for.     [Stats.  1893,  p.  3.] 

Cal   Rep.    Cit.     104,    235;     104,    236. 


23  ALAMEDA  COUNTY.  Acts  96-10* 

ACT     96. 

To  provide  one  additional  judge  for.     [Stats.  1901,  p.  295.] 

ACT  97. 

Road    overseers,    fixing    compensation    of,    and    relating    to 
road  and  poll  tax.     [Stats.  1877-8,  p.  109.] 
Superseded    by   Political   Code,    sec.    2652,    as   amended   1891,    478,    and 
County    Government   Acts.    1897.    452. 

ACT  98. 

Salary  of  road  overseer  of  Brooklvn   road   district.     [Stats. 
1877-8,   p.    251.] 
Repealed  by   Political    Code,    sec.    2642,    as  amended  1891,    abolishing 
the   office. 

ACT  99. 

Relative  to  the  powers  and  duties  of  the  sheriff  of  in  the 
matter  of  attachments  in  said  county.  [Stats.  1877-8, 
p.  922.] 

Modified   by  County  Government  Acts,   1897,   501,   sec.   160. 

ACT  100. 

Fixing    the    compensation    of    sheriffs,    deputy    sheriffs,    and 
county  jailers  of.     [Stats.   1877-8,  p.  950.] 
Repealed   by   County   Government  Acts,   1897,    501,    sec.    160.  » 

ACT  101. 

Deputy   sheriff   of,   fixing   compensation   of.     [Stats.    1873-4, 
p.   601.] 

;ilcd    1S97,   501,   sec.    1C0. 

ACT  102. 

Supervisors,    to    fix    the    pay    of.     [Stats.    1877-8,    p.    736.] 

Repealed    by    County    Government    Acts,    1897,    501,    sec.    160. 

ACT  103. 

Supervisors    to    establish    a    receiving    hospital    in    Oakland. 

[Stats.   1877-8,  p.  640.] 
ACT  104. 
Giving  supervisors  control  of  bridge   across  estuary  of  San 

Antonio.     [Stats.    1877-8,    p.    3.] 
ACT  105. 
Executions   from   justices'    courts.     [Stats.    1877-8,    p.    106.] 

Repealed   1880,    19. 
ACT  106. 

Fees,    regulation    of.     [Stats.    1875-6,    p.    127.] 
Repealed  by  fee  bill   (1895,   267)   as  to  officers  therein  named. 


Acts  107-117  ALAMEDA   CREEK.  24 

ACT  107. 

Collection   of   licenses   in.     [Stats.    1877-8,   p.   255.] 
Repealed   by   County   Government   Acts,    1897,   473,    sec.    56. 

ACT  108. 

Ratifying  and  confirming  a  resolution  of  the  supervisors 
granting  certain  rights  and  privileges  to  the  Berkeley 
Horse   Eailroad    Company.     [Stats.    1877-8,   p.    136.] 

ACT  109. 

Transfer  of   school   moneys   to   and   from   the  state   treasury 
by.     [Stats.  1877-8,  p.  170.] 
Repealed  by   County  Government   Act,   1897,   572,   sec.   215. 

ACT  110. 

Road  tax  in  Oakland.     [Stats.  1871-2,  p.  4.] 

Superseded. 

"Road  taxes  can  no  longer  be  levied  within  municipal  corpora- 
tions. (County  Government  Act.  1S97,  466;  Miller  v.  County  of  Kern, 
24   Cal.    Dec.   47S.)"— Code   Commissioner's   Note. 

This  act  provided  that  the  road  tax  of  hte  county  of  Alameda 
collected  within  the  city  of  Oakland  should  be  paid  to  the  city  treas- 
ury  and   become  part  of  the  street   fund  of  the  city. 

ACT  111. 

To     encourage     destruction     of     gophers     and    squirrels     in. 
[Stats.  1871-2,  p.  432.] 

Superseded    by    subd.    26,    sec.    25,    County    Government    Act,    1897, 

465. 

ACT  112. 

Squirrel    nuisance,    abatement    of.     [Stats.    1873-4,    p.    321.] 

Amended   1875-6,   338. 

This  act  applied  to  Contra  Costa  and  Alameda  counties. 
Cal.    Rep.    Cit.    83,    169. 


TITLE  13. 

ALAMEDA  CREEK. 
ACT  117. 

Declaring  navigable,  and   providing  for  the  removal  of  ob- 
structions therein.      [Stats.   1873-4,  p.  308.] 
Superseded  by   Political   Code,   sec.   2349,   as  amended  1891. 


25  ALIENS.  Acts  l£2-lJif 

TITLE  14. 

ALIENS. 
ACT   122. 
To   prohibit   the   issuance   of  licenses   to   aliens   not   eligible 

to   become   electors   of  the   state   of   California.      [Stats. 

1880,    39.] 

"Unconstitutional.  (People  v.  Quong  On  Long,  6  Pac.  C.  L.  J., 
192;  see  Pol.  Code,  sec.  36C6,  as  amended  1901,  635.)"— Code  Commis- 
sioners'   Note. 

ACT   123. 

To  provide  for  indexing  the  names  of  persons  who  have 
declared  their  intention  to  become  or  who  have  become 
citizens  of  the  United  States,  in  the  several  courts  of 
record   in  this  state. 

[Approved   February   8,    1872.     Stats.    1871-2,    p.    80.] 

"Section  1  probably  in  force,  section  2  superseded  by  fee  bill  ot 
1895,   267."— Code  Commissioner's  Note. 

ACT    124. 

Relative  to  escheated  estates.     [Stats.  1856,  137.] 

Superseded   by   Civil   Co-de,    sees.    671,    672. 

This  act  provided  that  aliens  might  inherit  the  same  as  native 
born,    but  they  must   claim  the  property  in  five  years. 

ACT    125. 

Prohibiting  aliens  from  fishing  in   the  waters  of  the   state. 
[Stats.  1880,  p.  123.] 
Unconstitutional.     (In  re  Ah  Chong,   5  Pac.   C.   L.   J.   451.) 
Cal.    Rep.    Cit.    72,   463;     78,    367;     78,   368. 

ACT   126. 

Relating    to    the    appointment    of    aliens    to    office.     [Stats. 
1880,  p.  23.] 
This  act  forbade   the  appointment  of  aliens  to  office.    It  was  prob- 
ably superseded  by   the  following  act: 

ACT   127. 

An  act  to  secure  to  native-born  and  naturalized  citizens  of 
the  United  States  the  exclusive  right  to  be  employed 
in  any  department  of  the  state,  county,  city  and  county, 
or  incorporated  city  or  town  government  in  this  state. 

[Approved  March  23,  1901;  Stats.  1901,  589.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 


Acts  132-136  ALPINE     COUNTY.  16 

Section  1.  No  person,  except  a  native-born  or  natural- 
ized citizen  of  the  United  States,  shall  be  employed  in  any 
department  of  the  state,  county,  city  and  county,  or  incor- 
porated city  or  town   government  in  this  state. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  whether 
elected,  appointed  or  commissioned  to  fill  any  office  in  either 
the  state,  county,  city  and  county,  or  incorporated  city  or 
town  government  of  this  state,  or  in  any  department  thereof, 
to  appoint  or  employ  any  person  to  perform  any  duties 
whatsoever,  except  such  person  be  a  native-born  or  natural- 
ized citizen  of  the  United  States. 

Sec.  3.  No  money  shall  be  paid  out  of  the  state  treas- 
ury, or  out  of  the  treasury  of  any  county,  or  city  and  county, 
or  incorporated  city  or  town,  to  any  person  employed  in 
any  of  the  offices  mentioned  in  section  two  of  this  act,  ex- 
cept snob  person  shall  be  a  native-born  or  naturalized  citi- 
zen of  the  United  States. 

Sec.  4.     This  act  shall  take  effect  immediately. 


TITLE  15. 
ALPINE  COUNTY. 
ACT  132. 

Providing   for  payment   of   salaries   and   fees   of   officers   of. 
[Stats.  1871-2,  p.  703.] 
Repealed  by  County  Government  Act,   1897,   574,   sec.  219. 

ACT   133. 

Traveling   fees   of   sheriffs   of.      [Stats.    1873-4,   p.    236.] 

Amended    1877-8,    372.    Repealed   by    County   Government    Acts,    1897, 
56S,    571,    572,    sees.   211,    214,    215. 

ACT    134. 

Treasurer  of,  bond  of.      [Stats.  1875-6,  p.  140.] 

Repealed  by  County  Government  Act,  1897,  475,  sec.  66. 
Cal.    Rep.    CIt.    -54.    536;     54,    537;     54,    539. 

ACT    135. 

Tax    for    payment    of    grand    and    trial    jurors     in.     [Stats. 
1877-8,  p.  215.] 
Superseded   by   subds.   12  and   18,    sec.    25,    County   Government  Act, 
1897,   460. 

ACT   136. 

Extending   time   for   selling   property   for    delinquent   taxes. 
[Stats.  1875-6,  p.  389.] 
Repealed  1S77-7S3. 


27  ALVISO    CITY— AMADOR    COUNTY.  Acts  111-107 

TITLE  16. 

ALVISO  CITY. 
ACT  141. 

To  incorporate  the   town  of  Alviso.     [Stats.   1852,   p.   222.] 


TITLE  17. 

AMADOE  CITY. 
ACT    146. 

Hogs  and  goats  running  at  large  in.     [Stats.  1873-4,  p.  905.] 
Repealed   1897,    198. 


TITLE  18. 

AMADOE  COUNTY. 
ACT   151. 

Salaries    and    compensation    of    officers    of.     [Stats.    1875-6, 
p.   370.] 
Repealed  by   County   Government  Acts,    1897,   548,   sec.  189. 
ACT    152. 

Supervisors,  act  in  relation  to.      [Stats.   1873-4,  p.  443.] 
Repealed   by   County   Government   Acts,    1897,    453,   492,    sees.    10,   157. 

ACT    153. 

Eevenue  of.     [Stats.   1873-4,  p.  446.] 

Superseded   by   subds.    12   and   IS,    sec.   25,    County   Government   Act, 
1897,    460.   463. 

ACT   154. 

Supervisors    authorized    to    levy   an    additional    tax.      [Stats. 
1871-2,   p.    172.] 

Superseded    by    the    general   powers    given    by    the    County    Govern- 
ment   Acts. 

ACT   155. 

Providing  for  the  payment  by,  to  Calaveras  County,  of  in- 
terest on  a  certain  indebtedness;  supplementing  act  of 
March  31,  1866.     [Stats.  1871-2,  p.  698.] 

ACT   156. 

To   provide  for   the   location,   construction   and   maintenance 
of  roads  in.     [Stats.   1877-8,  p.  703.J 
Repealed  1883,  5,  chap.  X,  sec.  2. 

ACT    157. 

Authorizing   supervisors   to    declare    the   portion    of   Amador 

and   Nevada  wagon  road  which  lies  in  Amador  County 

a    toll-road.     [Stats.    1877-8,    p.    963.] 


Acts  158-178   AMERICAN    WATER    AND    MINING    CO.— ANIMALS.        2S 

ACT  158. 

To   prevent     trespassing    of   goats    on    inclosed    lands     in. 
[Stats.   1877-8,  p.   536.] 


TITLE  19. 

AMERICAN  WATER  AND  MINING  COMPANY. 

ACT    163. 

Authorizing   American   Water   and   Mining   Company   to    ex- 
tend its  works.     [Stats.  1860,  p.  155.] 
Amended  1871-2,  471 


TITLE  20. 

ANAHEIM. 
ACT    168. 

Incorporation   of.      [Stats.    1877-8,  p.   309.] 
Superseded    by    incorporating,    in    1888,    under    Municipal    Corpora- 
tion  Act   of  1883. 

ACT    169. 

Legalizing  incorporation  of.     [Stats.  1877-8,  p.  27.] 
Superseded    by    incorporating,    in    1888,    under    the    Municipal    Cor- 
poration Act  of  1883. 


TITLE  21. 

ANATOMY. 
ACT  174. 

To  provide  for  the  study  of  anatomy.     [Stats.  1863-4,  321.] 

It  was  superseded  by  Political  Code,  sees.   3093-3096. 


TITLE  22. 
ANIMALS. 

See  Cruelty  to  Animals,   post;   Estrays,   post. 

ACT    178. 

An  act  to  prevent  the  spread  of  contagious  diseases  among 
animals. 

[Approved   March  20,   1905.     Stats.   1905,  317.] 

Section  1.  Any  person  having  the  care,  custody  or  con- 
trol of  any  animal  that  dies  from  tuberculosis,  glanders, 
farcy,  Texas  fever,  or  other  infectious  disease,  shall  imme- 
diately upon  the  death  of  such  animal  cremate  or  bury  the 
aame,  or  cause  the  same  to  be  cremated  or  buried. 


29  ANIMALS.  Acts  179-13J 

Sec.  2.  Any  common  carrier  of  persons  or  freight  that 
shall  transport  any  animal  suffering  with  or  that  has  died 
from  the  diseases,  or  any  of  them,  mentioned  in  section  1 
of  this  act  a  greater  distance  than  is  necessary  to  transport 
such  animal  to  the  nearest  crematory,  shall  be  deemed  guilty 
of   a   misdemeanor. 

Sec.  3.  No  animal  that  has  died  of  any  of  the  diseases 
named  in  section  one  of  this  act,  shall  be  sold,  used  or  per- 
mitted to  be  used  for  the  food  of  human  beings  or  sold, 
used  or  permitted  to  be  used  for  the  food  of  any  domestic 
animal  or   fowl. 

Sec.  4.  Any  person,  firm  or  corporation  that  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  a  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  $50  and  not  more  than  $500, 
or  by  imprisonment  in  the  county  jail  for  a  term  not  exceed- 
ing  180   days,   or   by   both   such    fine   and   imprisonment. 

See.  5.     This   act   shall   take    effect   immediately. 

ACT  179. 

To  prevent  the  spread  of  contagious  and  infectious  diseases 
among  domestic  animals.     [Stats.  1893,  p.  302.] 

This  act  is  in  full  in  the  Appendix  to  the  Penal   Code,   1903,   p.   571. 
Codified    by    amendment    of    Penal    Code,    adopted    1905.     See    Penal 
Code   Supp.,    §    402d,    note. 

ACT  180. 

To  protect  domestic  livestock  from  contagious  and  infectious 
diseases,  to  provide  for  the  appointment  and  duties  of 
officials  to  carry  into  effect  the  provisions  of  this  act, 
and  to  provide  an  appropriation  therefor.  [Stats.  1899, 
p.  129.] 

Amended  1905,  423. 
This    act    created    the   office    of   state    veterinarian. 

ACT  181. 

To   protect   sheep   and   Cashmere   and   Angora   goats   against 
ravages  of  dogs.     [Stats.  1865-6,  225.] 
Superseded   in   part   by    Civil   Code,    sec.    3341,    and   probably   not   In 
force. 

ACT  182. 

Providing    for    the    retention    of    the    hides    of    slaughtered 
cattle    in   certain    counties.     [Stats.    1863,    p.    359.] 

Amended    1863-4,    261.     Probably   superseded    by    Political    Code,    sec. 
3185,   and  1893,   325. 


This  act  applied  to  the  counties  of  Santa  Clara,  San  Diego,  San 
Bernardino,  San  Luis  Obispo,  Contra  Costa,  San  Mateo,  Alameda. 
Santa    Barbara,   and   Marin. 

ACT  183. 

For  the  better  protection  of  stock-raisers  in  Fresno,  Tulare, 

Monterey,    and    Maripor      Counties.      [Stats.    1865-6,    p. 

322.] 

See   1S93,    235. 

This  act  required  hides  of  cattle  to  be  kept  fifteen  days,  and 
made  provisions  as  to  branding  of  calves,  and  required  records  to 
be  kept  of  slaughtered  animals.  It  was  continued  in  force  by  Political 
Code,   sec.  19,  and  Penal  Code,   sec.   23. 

ACT   184. 

Regulating  the  disposition  of  the  hides  of  cattle  killed  or 
slaughtered  in   the   state.     [Stats.    1893,   p.    235.] 

This   act   provi-ded   for  the   retention  and    inspection   of   the   hides. 

ACT  185. 

To  encourage  the  destruction  of  wild  animals  in  the  dif- 
ferent counties  of  the  state,  and  authorizing  the  board 
of  supervisors  of  each  of  said  counties  to  fix  and  de- 
termine   the    bounty    for    the    destruction    of    the    same. 

[Approved   March    15,    1883.     Stats.    1883,    368.] 
Superseded  by   subd.   26,   sec.   25,   County   Government  Act,    1897,   465. 
Cal.    Rep.    Cit.    65,   563;     65,    564. 

ACT  186. 

Destruction  of  squirrels  and  gophers.     [Stats.  1869-70,  316.] 

It  applied  to  Alameda,  L'onlra  Costa,  Fresno,  Stanislaus,  Merced, 
San  Joaquin,  and  Yolo  counties.  It  was  repealed  as  to  Stanislaus 
County   by   act  of  1875-6,   513. 

Superseded  by  subd  26,  sec.  25,  County  Government  Act,  1897, 
465. 

ACT  187. 

Squirrels,    destruction    of.      [Stats.    1875-6,    p.    143.] 

Amended  15*75-6,  6o7,  and  made  applicable  to  San  Luis  Obispo 
Superseded   by  subd.    26,    sec.   25,    County    Government  Act,    1897,    465. 

This  act  related  to  Stanislaus,  tfanta  Cruz,  San  Joaquin,  Merced, 
Fresno,  San  Benito,  Tulare,  San  Mateo,  Santa  Clara,  Monterey,  and 
Kern  counties. 

ACT  188. 

To  encourage  destruction  of  squirrels,  gophers  or  other  wild 
animals,  in  counties  of  Los  Angeles,  Napa,  Merced 
San  Bernardino,  and  Santa  Cruz.  [Stats.  1871-2,  p. 
92.] 


31  ANTIOCH— ANTONIO     CREEK.  Act  189-20'J 

Repealed  as  to  Los  Angeles,  1S73-4,  34;  as  to  Santa  Cruz,  1873-4; 
129;  as  to  San  Bernardino,  1S73-4,  691;  as  to  Napa,  1877-8,  569;  in  toto, 
1S80,   108. 

ACT     189. 

Destruction  of  certain  wild  animals.     [Stats.  1875-6,  p.  533.] 

Repealed  1877-8,   2. 

This  act  provided  for  bounties  for  the  destruction  of  certain  wild 
animals  in  the  counties  of  Mendocino,  Del  Norte,  Humboldt,  Placer. 
Lake,    San  Luis  Obispo,   and   Colusa. 

ACT  190. 

To    prevent    the    stealing    of    dogs.     [Stats.    I860,    70.] 
Superseded  by  Penal  Code. 

ACT  191. 

To  prevent  combinations  to   obstruct  the   sale   of   livestock. 
[Stats.   1893,   p.  30.] 
This  act  appears  in  full  in  Civil  Code,   Appendix,    p.   665. 

ACT  192. 

To  prevent  tampering  with  animals  and  to  prevent  the  giv- 
ing or  administering  of  poison  or  drugs  to  horses,  cattle, 
dogs,  animals  and  other  livestock  except  for  medic- 
inal purposes,  and  making  the  same  a  misdemeanor. 
[Stats.  1901,  553.] 
This  act  appears  in  full  In  Penal  Code,   Appendix,  p.   569. 


TITLE  23 

ANTIOCH. 
ACT  197. 

Defining  boundaries   of.     [Stats.    1871-2,   p.   725.] 
Superseded   by   incorporating   the  town   in   1SS0  under   the   Municipal 
Corporation  Act  of  1883. 


TITLE  24. 

ANTONIO   CREEK. 
ACT  202. 

To    declare   Antonio    Creek,    in    Contra    Costa   County,   navi- 
gable.    [Stats.  1852,  182.] 

Incorporated    in    Political   Code,    sec.    2349. 
Cal.    Rep.   Cit.    118,   181. 


Acts  207-219,  §  1    ANTWERP    MESSENGER— ARBITRATION.  32 

TITlE  25. 
ANTWERP  MESSENGER. 
ACT  207. 

For    the    protection    of    the    Antwerp    messenger    or   homing 
pigeon.      [Stats.  1897,  p.  37.] 


APIARIES. 
See   post,    Bee-Culture. 


TITLE  26. 

APPRENTICES. 
ACT  212. 

Apprentices    and    masters,    act    relative    to.     [Stats.    1875-6, 
p.    842.] 
Amended  1S80,   28. 

This  act  appears  in  full  in  Civil  Code,  Appendix,   p.  668. 
Codified    by    amendments    of    Civil    Code,    adopted    1905.     See    Civil 
Code  Supp.,    §   264,  note. 

ACT  213. 

To    provide    for    binding    minors    as    apprentices,    clerks,    or 
servants.     [Stats.    1858,    134.] 
Superseded  by   Civil  Code,   sees.   264  et  seq. 

ACT  214. 

To  authorize  the  managers  of  the  San  Francisco  Orphan 
Asylum  or  any  other  orphan  asylum  to  bind  as  ap- 
prentices, clerks,  and  servants,  orphan  or  half-orphan 
children  under  their  care  and  tuition.  [Stats.  1860,  p. 
37.] 

Supp.    1869-70,   334. 


TITLE  27. 

ARBITRATION. 

ACT  219. 

An  act  to  provide  for  a  state  board  of  arbitration  for  the 
settlement  of  differences  between  employers  and  em- 
ployees, to  define  the  duties  of  said  board,  and  to 
appropriate  the  sum  of  twenty-five  hundred  dollars 
therefor. 

[Approved  March  10,  1891;  Stats.  1891,  p.  49.] 

Section  1.     On    or   before   the   first   day   of   May   of   each 

year,    the    governor    of    the    state    shall    appoint    three    com- 


33  ARBITRATION.  Act  219,  §§  2,  3 

petent  persons  to  serve  as  a  state  board  of  arbitration  and 
conciliation.  One  shall  represent  the  employers  of  labor, 
one  shall  represent  labor  employees,  and  the  third  member 
shall  represent  neither,  and  shall  be  chairman  of  the  board. 
They  shall  hold  office  for  one  year  and  until  their  succes- 
sors are  appointed  and  qualified.  If  a  vacancy  occurs,  as 
soon  as  possible  thereafter  the  governor  shall  appoint  some 
one  to  serve  the  unexpired  term;  provided,  however,  that 
when  the  parties  to  any  controversy  or  difference,  as  pro- 
vided in  section  two  of  this  act,  do  not  desire  to  submit 
their  controversy  to  the  state  board,  they  may  by  agree- 
ment each  choose  one  person,  and  the  two  shall  choose 
a  third,  who  shall  be  chairman  and  umpire,  and  the  three 
shall  constitute  a  board  of  arbitration  and  conciliation  for 
the  special  controversy  submitted  to  it,  and  shall  for  that 
purpose  have  the  same  powers  as  the  state  board.  The 
members  of  the  said  board  or  boards,  before  entering  upon 
the  duties  of  their  office,  shall  be  sworn  to  faithfully  dis- 
charge the  duties  thereof.  They  shall  adopt  such  rules  of 
procedure  as  they  may  deem  best  to  carry  out  the  provisions 
of  this  act. 

Sec.  2.  Whenever  any  controversy  or  difference  exists 
between  an  employer,  whether  an  individual,  copartnership, 
or  corporation,  which,  if  not  arbitrated,  would  involve  a 
strike  or  lockout,  and  his  employees,  the  board  shall,  upon 
application,  as  hereinafter  provided,  and  as  soon  as  prac- 
ticable thereafter,  visit,  if  necessary,  the  locality  of  the 
dispute  and  make  careful  inquiry  into  the  cause  thereof, 
hear  all  persons  interested  therein  who  may  come  before 
them,  advise  the  respective  parties  what,  if  anything, 
ought  to  be  done  or  submitted  to  by  either,  or  both,  to 
adjust  said  dispute  and  make  a  written  decision  thereof. 
This  decision  shall  at  once  be  made  public,  and  shall  bo 
recorded  upon  proper  books  of  record  to  be  kept  by  the 
board. 

Sec.  3.  Said  application  shall  be  signed  by  said  em- 
ployer, or  by  a  majority  of  his  employees  in  the  department 
of  the  business  in  which  the  controversy  or  difference 
exists,  or*  their  duly  authorized  agent,  or  by  both  parties, 
and  shall  contain  a  concise  statement  of  the  grievances 
complained  of,  and  a  promise  to  continue  on  in  business 
or  at  work,  without  any  lockout  or  strike,  until  the  de- 
cision of  said  board,  which  must,  if  possible,  be  made 
within  three  weeks  of  the  date  of  filing  the  application. 
Immediately  upon  receipt  of  said  application,  the  chairman 
Gen.  Laws— 3 


Act  219,  55  4-8  ARBITRATION.  34 

of  said  board  shall  cause  public  notice  to  be  given  of  the 
time  and  place  for  hearing.  Should  the  petitioners  fail 
to  keep  the  promise  made  therein,  the  board  shall  proceed 
no  further  thereupon  without  the  written  consent  of  the 
adverse  party.  And  the  party  violating  the  contract  shall 
pay  the  extra  cost  of  the  board  entailed  thereby.  The 
board  may  then  reopen  the  case  and  proceed  to  the  final 
arbitration   thereof  as   provided   in  section   two   hereof. 

See.  4.  The  decision  rendered  by  the  board  shall  be 
binding  upon  the  parties  who  join  in  the  application  for 
six  months,  or  until  either  party  has  given  the  other  a 
written  notice  of  his  intention  not  to  be  further  bound  by 
the  conditions  thereof  after  the  expiration  of  sixty  days  or 
any  time  agreed  upon  by  the  parties,  which  agreement 
shall  be  entered  as  a  part  of  the  decision.  Said  notice  may 
be  given  to  the  employees  by  posting  a  notice  thereof  in 
three  conspicuous  places  in  the  shop  or  faetory  where  they 
work. 

Sec.  5.  Both  employers  and  employees  shall  have  the 
right  at  any  time  to  submit  to  the  board  complaints  or 
grievances  and  ask  for  an  investigation  thereof.  The  board 
shall  decide  whether  the  complaint  is  entitled  to  a  public 
investigation,  and  if  they  decide  in  the  affirmative,  they 
shall  proceed  to  hear  testimony,  after  giving  notice  to  all 
parties  concerned,  and  publish  the  result  of  their  investi- 
gations as  soon  as   possible   thereafter. 

Sec.  6.  The  arbitrators  hereby  created  shall  be  paid 
five  dollars  per  day  for  each  day  of  actual  service,  and 
also  their  necessary  traveling  and  other  expenses  incident 
to  the  duties  of  their  office  shall  be  paid  out  of  the  state 
treasury;  but  the  expenses  and  salaries  hereby  authorized 
shall  not  exceed  the  sum  of  twenty-five  hundred  dollars 
for  the  two  years. 

Sec.  7.  The  sum  of  twenty-five  hundred  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  »ot 
otherwise  appropriated,  for  the  expenses  of  the  board  for 
the    first    two    years    after    its    organization.  ^  , 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


35  ARCHITECTURE.      *  Act  224,  §  1 

TITLE  28. 

ARCHITECTURE. 
ACT  224. 

An    act    to    regulate    the    practice    of    architecture. 

[Approved   March   23,   1901.     Stats.   1901,  641.] 

The  people  of  the  state  of  California,  represented  in  senate 

and  assembly,  do  enact  as  follows: 
Section  1.  Within  sixty  days  from  and  after  the  passage 
of  this  act,  the  governor  of  the  state  shall  appoint  ten 
persons,  which  persons  so  appointed  shall  constitute  a 
board,  which  board  shall  be  known  and  designated  as  the 
state  board  of  architecture.  Five  members  of  said  board 
of  architecture,  shall  be  residents  of  the  northern  district 
of  California,  and  shall  constitute  the  northern  district 
for  the  examination  of  applicants  for  certificates  to  prac- 
tice architecture  in  this  state.  And  five  members  of  said 
board  shall  be  appointed  from  the  southern  district  of 
California,  and  shall  constitute  the  southern  district  board 
for  the  examination  of  applicants  for  certificates  to  prac- 
tice architecture  in  this  state.  The  northern  district  shall 
be  all  that  portion  of  the  state  north  of  the  northerly 
line  of  the  county  of  San  Luis  Obispo  and  the  county 
of  Kern  and  the  county  of  San  Bernardino.  And  the 
southern  district  shall  be  all  that  portion  of  the  state 
south  of  the  northerly  line  of  the  county  of  San  Luis 
Obispo  and  of  the  county  of  Kern  and  of  the  county  of 
San  Bernardino.  Said  state  board  of  architecture  shall 
be  appointed  by  the  governor  as  follows:  Five  members 
shall  be  appointed  from  the  members  in  good  standing 
of  the  San  Francisco  Chapter  of  the  American  Institute  of 
Architects,  or  some  similar  institution  or  association  of 
architects,  two  of  whom  shall  be  designated  to  hold  office 
for  two  years.  Five  members  shall  be  appointed  from 
the  members  of  the  Southern  California  Chapter  of  the 
American  Institute  of  Architects,  or  some  similar  insti- 
tution or  association  of  architects,  two  of  whom  shall 
be  designated  to  hold  office  for  two  years.  Each  person 
so  appointed  shall  hold  office  for  four  years,  unless  so 
designated  to  hold  office  for  two  years.  And  thereafter, 
upon  the  expiration  of  the  term  of  office  of  the  persons 
so  appointed,  the  governor  of  the  state  shall  appoint  a  suc- 
cessor or  successors  to  such  outgoing  person  or  persons 
whose  term  of  office  shall  have  expired,  to  hold  office 
for    four    years;     provided,    that    the    membership    of    the 


Act  224,  §§  2,  3  ARCHITECTURE.  36 

state  board  of  architecture  shall  be  composed  as  herein 
set  forth.  Each  member  shall  hold  over  after  the  expira- 
tion of  his  term  of  office  until  his  successor  shall  have  been 
duly  appointed  and  qualified.  Any  vacancy  occurring  in 
the  membership  of  the  board  shall  be  filled  by  the  gov- 
ernor of  the  state  for  the  unexpired  term  in  like  manner. 
The  members  of  the  board  shall  serve  without  compensa- 
tion from  the  state.  The  i  of  the  board  shall  be 
paid  out  of  the  fees  collected  from  applicants  for  cer- 
tificates. 

Sec.  2.  The  members  of  the  state  board  of  architecture 
shall,  before  entering  upon  the  discharge  of  the  duties  of 
their  office,  take  and  file  with  the  secretary  of  state  the 
constitutional  oath  of  office.  The  said  state  board  of  archi- 
tecture shall,  within  thirty  days  from  and  after  their  ap- 
pointment, meet  and  eieet  from  their  number  a  preside  rit 
and  a  vice-president,  one  of  whom  shall  be  a  resident  of 
the  northern  district,  and  one  a  resident  of  the  southern 
district,  and  two  secretaries,  one  from  each  district.  The 
secretaries  shall  also  act  as  treasurers.  The  person  receiv- 
ing the  highest  number  of  votes  shall  be  secretary,  and 
the  person  receiving  the  next  highest  number  of  votes,  as- 
sistant secretary.  Said  persons  shall  hold  office  for  two 
years,  or  until  their  successors  shall  have  been  duly  elected 
and  qualified. 

Sec.  3.  The  board  may  adopt  rules  and  regulations  for 
the  government  of  its  proceedings,  not  inconsistent  with 
this  act.  The  state  board  shall  adopt  a  seal  for  its  own 
use,  and  one  for  each  of  the  districl  hoards.  The  seal  used 
by  the  northern  district  board  shall  have  the  words 
"Northern  District"  inscribed  thereon,  and  the  one  for 
the  southern  district  shall  ha  •  ..ue  words  "Southern  Dis- 
trict" inscribed  thereon,  and  the  secretary  and  assistant 
secretary  shall  have  charge,  care  and  custody  thereof. 
The  secretary  shall  keep  a  correct  record  of  all  the  pro- 
ceedings of  the  board,  which  shall  be  open  to  public 
mination  at  all  times.  Six  members  shall  constitute  a 
quorum  for  the  transaction  of  business  of  the  state  board 
of  architecture,  and  three  members  shall  constitute  a  quo- 
rum of  the  district  boards  for  the  transaction  of  business. 
Special  meetings  of  the  state  board  of  architecture  shall 
be  called  by  the  secretary  upon  the  written  request  of 
four  of  its  members,  and  by  giving  twenty  days'  written 
notice  of  such  meeting,  and  the  time  and  place  at  which 
such  meeting  is  to  be  held,  to  each  member  of  the  board. 
The    district     board    shall    call    special     meetings    upon    the 


37  ARCHITECTURE.  Act  224,  $  3 

written  request  of  two  of  its  members  made  to  the  sec- 
retary, and  upon  five  days'  written  notice  to  each  mem- 
ber of  such  district  board.  Within  thirty  days  from  and 
after  the  date  of  their  appointment,  the  sta.i,e  board  shall 
meet  to  organize,  elect  officers  as  in  this  act  provided  for, 
and  formulate  and  adopt  a  code  of  rules  and  regulations 
for  its  government  in  the  examination  of  applicants  for 
certificates  to  practice  architecture  in  this  state;  and  such 
other  rules  and  regulations  as  may  be  necessary  and 
proper,  not  inconsistent  with  this  act.  The  board  may 
from  time  to  time  repeal  or  modify  its  rules  and  regu- 
lations, not  inconsistent  with  this  act.  The  state  board 
shall  meet  annually,  on  the  second  Tuesday  in  April,  for 
the  purpose  of  transacting  such  business  as  may  lawfully 
come  before  it,  not  inconsistent  with  this  act.  The  dis- 
trict boards  shall  hold  their  regular  meetings  for  the  ex- 
amination of  .applicants  for  certificates  to  practice  archi- 
tecture, on  the  last  Tuesday  of  January,  April,  July  and 
October  of  each  year.  The  board  of  the  northern  district 
shall  meet  in  San  Francisco;  and  the  board  of  the  south- 
ern district  shall  meet  in  Los  Angeles,  and  at  such  other 
times  and  places  as  they  may  elect,  to  examine  applicants 
for  certificates.  Any  person  shall  be  entitled  to  an  exam- 
ination for  a  certificate  to  practice  architecture,  upon  pay- 
ment, to  the  district  board  when  he  makes  application, 
of  a  fee  of  fifteen  dollars,  which  fee  shall  oe  retained  by 
the  board;  should  the  applicant  pass  a  satisfactory  exami- 
nation by  said  district  board,  the  secretary  shall,  upon 
the  payment  to  him  of  a  further  fee  of  five  dollars,  issue 
to  the  applicant  a  certificate,  signed  by  the  president  and 
secretary;  sealed  with  the  seal  of  the  district  board,  and 
directed  to  the  secretary  of  state,  setting  forth  the  fact 
that  the  person  therein  named  has  passed  a  satisfactory 
examination,  and  that  such  person  is  entitled  to  a  cer- 
tificate to  practice  architecture  in  this  state,  in  accordance 
with  the  provisions  of  this  act;  and  upon  the  payment 
to  the  secretary  of  state  of  a  fee  of  five  dollars,  the  sec- 
retary shall  at  once  issue  to  the  person  therein  named  a 
certificate  to  practice  architecture  in  this  state  in  ac- 
cordance with  the  provisions  of  this  act,  which  certificate 
shall  contain  the  full  name  of  the  applicant,  his  birth- 
place and  age,  together  with  the  name  of  the  district  board 
issuing  the  certificate,  and  date  of  issuance  thereof.  All 
papers  received  by  the  secretary  of  state  on  application 
for  certificate  shall  be  kept  on  file  in  his  office,  and  a 
proper  index  and  record  thereof  shall  be  kept  by  him. 


Act  224,  §§4,  5  ARCHITECTURE.  38 

Sec.  4.  Any  architect  in  good  standing,  who  shall  show 
to  the  satisfaction  of  the  district  board  of  the  district  in 
which  such  architect  may  reside,  that  he  was  engaged  in 
the  practice  of  the  profession  of  architecture  on  the  date 
of  the  passage  of  this  act,  shall  be  granted  a  certificate 
without  passing  an  examination,  on  the  payment  to  the 
district  board  of  a  fee  of  five  dollars;  provided,  such  ap- 
plication shall  be  made  within  six  mou  t lis  from  and  after 
the  passage  of  this  act.  Said  certificate  shall  set  forth 
the  fact  that  the  person  to  whom  the  same  was  issued 
was  practicing  architecture  in  this  state  at  the  time  of 
the  passage  of  this  act,  and  that  the  person  therein  named 
is  entitled  to  a  certificate  to  practice  architecture  without 
having  to  pass  an  examination  by  the  district  board;  and 
the  secretary  of  state  shall,  upon  the  payment  to  him  of  a 
fee  of  five  dollars,  issue  to  the  person  named  therein  a 
certificate  to  practice  architecture  in  this  state,  in  ac- 
cordance with  the  provisions  of  this  act.  Each  certificated 
architect  shall  have  his  certificate  recorded  in  the  office 
of  the  county  recorder,  in  each  and  every  county  in  this 
state,  in  which  the  holder  thereof  shall  practice,  and  he 
shall  pay  to  the  recorder  the  same  fee  as  is  charged  for 
the  recording  of  deeds.  A  failure  to  have  his  certificate 
so  recorded  shall  be  deemed  sufficient  cause  for  revocation 
of    such    certificate. 

Sec.  5.  After  the  expiration  of  six  months  from  the 
passage  of  this  act,  it  shall  be  unlawful,  and  it  shall  be  a 
misdemeanor,  punishable  by  fine  of  not  less  than  fifty  dol- 
lars nor  more  than  five  hundred  dollars,  for  any  person 
to  practice  architecture  without  a  certificate  in  this  state, 
or  to  advertise,  or  put  out  any  sign  or  card,  or  other  device 
which  might  indicate  to  the  public  that  he  was  an  architect; 
provided,  that  nothing  in  this  act  shall  prevent  any  person 
from  making  plans  for  his  own  buildings,  nor  furnishing 
plans  or  other  data  for  buildings  for  other  persons,  pro- 
vided the  person  so  furnishing  such  plans  or  data  shall 
fully  inform  the  person  for  whom  such  plans  or  data  are 
furnished,  that  he,  the  person  furnishing  such  plans,  is  not 
a  certificated  architect;  provided,  that  nothing  in  this  act 
shall  prevent  the  employment  of  an  architect  residing  out 
of  the  state  of  California  to  prepare  plans  and  specifica- 
tions for  buildings  or  other  structures  within  the  state, 
conditioned  he  shall  present  satisfactory  evidence  to  the 
board  of  the  district  in  which  the  structure  is  to  be  erected 
that  he  is  a  competent  architect,  when  such  board  shall  is- 
sue to  such  architect  a  temporary  certificate  for  such  employ- 


39  ARCHITECTURE.  Act  224,  §  §  6,  7 

ment,  upon  the  payment  of  a  fee  of  five  dollars.  Architects' 
certificates  issued  in  accordance  with  the  provisions  of  this 
act  shall  remain  in  full  force  until  revoked  for  cause,  as 
hereinafter  provided  for  in  this  act.  A  certificate  may  be 
revoked  for  dishonest  practices,  or  for  gross  incompetency 
in  the  practice  of  the  profession,  which  questions  shall  be 
determined  by  the  district  board  of  the  district  in  which 
the  person  whose  certificate  is  called  in  question  shall  re- 
side, or  shall  be  doing  business;  and  upon  a  full  investiga- 
tion of  the  charges  by  the  district  board,  an  opportunity 
having  been  given  the  accused  to  be  heard  in  his  own  de- 
fense or  by  counsel;  and  upon  the  verdict  of  at  least  four 
members  of  the  district  board,  the  board  may  issue  its  cer- 
tificate to  the  secretary  of  state  revoking  the  certificate  of 
the  person  accused;  and  the  secretary  of  state  shall  there- 
upon cancel  such  certificate.  And  on  the  cancellation  of  such 
certificate,  it  shall  be  the  duty  of  the  secretary  of  the  dis- 
trict board  to  give  notice  of  such  cancellation  to  the  county 
recorder  of  each  county  in  this  state,  whereupon  the  re- 
corder shall  mark  the  certificate  recorded  in  his  office  "Can- 
celed. ' ' 

After  the  expiration  of  six  months  the  person  whose  cer- 
tificate was  revoked  may  have  a  new  certificate  issued  to 
him  by  the  secretary  of  state  upon  the  certificate  of  the  dis- 
trict board  by  which  the  certificate  was  revoked. 

Every  certificated  architect  shall  have  a  seal,  the  impres- 
sion of  which  must  contain  the  name  of  the  architect,  his 
place  of  business,  and  the  words  "Certificated  architect," 
with  which  he  may  stamp  all  plans  prepared  by  him. 

Sec.  6.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

!Sec.  7.  Each  regularly  certificated  architect  shall  pay  an 
annual  license  fee  of  five  dollars,  said  fee  to  be  paid  to  the 
secretary  of  the  board  of  the  district  of  which  he  shall  be 
a  resident,  and  shall  be  payable  in  advance  on  January  1, 
and  shall  become  delinquent  the  first  day  of  April,  of  each 
year,  after  which  date  it  shall  be  delinquent,  and  the  certifi- 
cate of  such  architects  who  shall  fail  to  pay  their  license 
fees  by  April  1  of  each  year,  shall  be  subject  to  cancellation 
by  said  district  board,  and  notice  of  such  cancellation  shall 
be  sent  to  each  county  recorder  of  the  state  of  California 
and  to  the  secretary  of  state,  as  provided  in  section  5  of  the 
act  to  regulate  the  practice  of  architecture,  approved  March 
23,  1901,  for  cancellation  of  certificates.  And  the  secretary 
of  the  said  district  shall  issue  a  receipt  signed  by  the  presl- 


Acts  229-245  ARMS— ARTESIAN    WELLS.  » 

dent  and  secretary  of  the  district,  and  under  the  seal  of  the 
district  board,  to  each  architect  paying  said  license  fee, 
showing  that  said  certificated  architect  has  paid  his  annual 
license  fee,  which  license  receipt  shall  be  displayed  in  a 
prominent  place  in  the  office  of  said  architect.  The  fees  so 
collected  shall  be  used  to  meet  the  expenses  of  the  state 
board  of  architecture.  [New  section  approved  March  26, 
1903.     Stats.  1903,  p.  522;  in  effect  immediately.] 


TITLE  29. 

ARMS. 
ACT  229. 

To  provide  for  the  issuing  arms  and   accoutrements  to  colleges 
and  academies.     [Stats.  1862,  483.] 

ACT  230. 

Military  academies,  act  to  furnish  arms  to.      [Stats.   1871-2, 
p.   121.] 


TITLE  30. 

ARREST. 
For  the  relief  of  persons  imprisoned  on  civil  process.     [Stats. 
1850,  p.  407;  amended  1863,  93.] 
Superseded   by    Code   of   Civil   Procedure,    sees.    1143-1154. 


TITLE  31. 
ARROYO  DEL  MEDO. 
To  declare  the  Arroyo  del  Medo  in  Santa  Clara  County  nav- 
igable.     [Stats.  1852,  223.] 
Incorporated  in   Political   Code,    sec.   2349. 


TITLE  32. 

ARTESIAN    WELLS. 
ACT   245. 
An  act  to  regulate  the  use  of  artesian  wells  and  to  prevent 

the  waste  of  subterranean  waters  in  this  state. 
[Approved  March  9,  1878;  1877-8,  195;  amended   1901,  284.J 


41  ARTESIAN    WELLS.  Act  245,  §§  l-o 

What  artesian  wells  declared  nuisances — Misdemeanor. 

Section  1.  Any  artesian  well  which  is  not  capped,  or 
furnished  with  such  mechanical  appliance  as  will  readily  and 
effectively  arrest  and  prevent  the  flow  of  water  from  such 
well,  is  hereby  declared  to  be  a  public  nuisance.  The  owner, 
tenant,  or  occupant  of  the  land  upon  which  such  well  is  sit- 
uated, who  causes,  permits,  or  suffers  such  public  nuisance, 
or  suffers  or  permits  it  to  remain  or  continue,  is  guilty  of  a 
misdemeanor. 

Same. 

Sec.  2.  Any  person  owning,  possessing,  or  occupying  any 
land  upon  which  is  situated  an  artesian  well,  who  causes,  suf- 
fers, or  permits  the  water  to  unnecessarily  flow  from  sueh 
well,  or  go  to  waste,  is  guilty  of  a  misdemeanor. 

Artesian  well  defined. 

Sec.  3.  An  artesian  well  is  denned,  for  the  purposes  of 
this  act,  to  be  any  artificial  well,  the  waters  of  which  will 
flow  continuously  over  the  natural  surface  of  the  ground  ad- 
jacent to  sueh  well  at  any  season  of  the  year. 

Waste  defined. 

Sec.  4.  Waste  is  defined,  for  the  purpose  of  this  act,  to 
be  the  causing,  suffering  or  permitting  the  waters  flowing 
from  such  well  to  run  into  any  river,  creek,  or  other  natural 
watercourse  or  channel,  or  into  any  bay,  lake,  or  pond,  or 
into  any  street,  road,  highway,  or  upon  the  land  of  any  per- 
son other  than  that  of  the  owner  of  sueh  well,  or  upon  pub- 
lic lands  of  the  United  States  or  of  the  state  of  California, 
unless  it  be  used  thereon,  for  the  purposes  and  in  the  man- 
ner that  it  may  be  lawfully  used  upon  the  land  of  the  owner 
of  such  well;  provided,  that  this  section  shall  not  be  so  con- 
strued as  to  prevent  the  use  of  such  waters  for  the  proper 
irrigation  of  trees  standing  along  or  upon  any  street,  road, 
or  highway,  or  for  ornamental  ponds  or  fountains,  or  the 
propagation  of  fish. 

Proceedings  for  misdemeanor. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this 
act  may  be  proceeded  against  for  a  misdemeanor  in  any  jus- 
tice 's  court  of  the  county  in  which  such  well  is  located,  and 
shall,  upon  conviction,  be  fined  for  each  offense  not  less  than 
ten  or  more  than  fifty  dollars.  There  shall  also,  upon  con- 
viction had,  in  addition  to  such  fine,  be  taxed  against  such 
party  the  cost  of  prosecution.  Such  fine  and  costs  may  be 
collected  as  in  other  criminal  cases,  and  the  justice  may  also 


Acts  250-255  ASSAULT— ASSESSORS.  43 

issue  an  execution  upon  the  judgment  therein  rendered,  and 
the  same  may  be  enforced  and  collected  as  in  civil  cases. 

Duty  of  supervisors. 

Sec.  6.  It  shall  be  the  duty  of  the  supervisors  or  road- 
masters,  on  complaint  of  any  citizen  within  their  respective 
districts,  and  for  that  purpose  may  at  all  proper  times  enter 
upon  the  premises  where  such  well  is  situated;  and  it  shall 
be  his  duty  to  institute  or  cause  to  be  instituted,  criminal 
action  for  all  violations  of  the  provisions  of  this  act,  or  for 
all  public  offenses  defined  in  this  act  committed  within  such 
district. 

Repeal. 

Sec.  7.  An  act  entitled  "An  act  to  regulate  the  use  of 
artesian  wells  and  to  prevent  the  waste  of  subterranean 
waters  in  Santa  Clara  and  Los  Angeles  counties,"  approved 
March  eighteenth,  eighteen  hundred  and  seventy-six,  and  all 
other  acts  and  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

Sec.  8.     Repealed.      [Stats.    1901,   284.] 

Amendment  became  a  law  under  constitutional  provision  without 
governor's  approval.  March  14,  1J01,  Stats.  1901,  284;  in  effect  immedi- 
ately. 

Sec.  9.  This  act  shall  take  effect  and  be  in  foree  on  and 
after  the  first  day  of  July,  A.  D.  eighteen  hundred  and  sev- 
enty-eight. 


TITLE  33. 

ASSAULT. 
ACT  250. 

To  punish  assaults  with  caustic  or  corrosive  liquids  and  sub- 
stances.    [Stats.  18G7-8,  194.] 

Superseded   by   Penal   Code,   sec.   244. 


TITLE  34. 

ASSESSORS. 
ACT  255. 

County     treasuries,    protection    of.      [Stats.    1873-4,    p.    393.] 
Probably   repealed   by   County   Government   Acts,    1897,    452. 
This    act    required    the    assessors    of    Siskiyou,    Calaveras,    Amador, 

and   Alpine   counties   appointing   deputies,    in   pursuance   of   power   giren 

by  the  board  of  equalization,   to  pay  such  deputies. 


43  ATTORNEY -GENERAL.  Acts  260-2*5-1 

TITLE  35. 

ASSIGNMENTS    OF    CONTEACTS. 
ACT  260. 

Relative  to  bonds,  due  bills  and  other  instruments  in  writing 
and  making  them  assignable.     [Stats.  1850,  p.  332.] 
This    act    has   not   been    In    terms   repealed,    and    in   the   absence   or  • 

positive   legislation,    it   is   difficult  to   tell   what,    if  any,   part  of  it   is  in 

force. 


TITLE  36. 

ATTORNEY-GENERAL. 
ACT  263. 

An   act    making   an    appropriation    for   the    contingent   ex- 
penses of  the  office  of  the  attorney-general. 

[Approved   June    14,    1906.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  sum  of  two  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury,  not 
otherwise  appropriated,  for  the  contingent  expenses  of  the 
attorney-general's  office. 

Sec.  2.  The  controller  is  hereby  authorized  to  draw  his 
warrant  on  the  state  treasurer  for  the  amount  hereby  appro- 
priated, and  the  treasurer  is  hereby  directed  to  pay  the  same. 

Sec.  3.     This  act  shall  take  effect  immediately. 

ACT   264. 

An   act   making   an   appropriation   for   the   purchase   of   law 
books  for  the   attorney-general. 

[Approved    June    14,    1906.] 

The  people  of  the  State  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  sum  of  five  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury,  not 
otherwise  appropriated,  for  the  purchase  of  law  books  for 
the  office  of  the   attorney-general. 

Sec.  2.  The  controller  is  hereby  authorized  to  draw  his 
warrant  on  the  state  treasury  for  the  amount  hereby  appro- 
priated, and  the  treasurer  is  hereby  directed  to  pay  the 
same. 

Sec.  3.     This  act  shall  take  effect  immediately. 


Acts  265-282  BANKRUPTCY    AND    INSOLVENCY.  44 

ACT  265. 

The  better  to  enable  the  collection  of  judgments  in  favor  of 
the  state.      [Stats.  1858,  159.] 

This  act  authorized  the  attorney-general  to  bid  in  property  un-Jer 
execution  In  favor  of  and  for  the  benefit  of  the  state.  It  was  super- 
seded  by   Political  Code,    eec.   470,   subd.   8. 

ACT    266. 

To  provide  the  office  of  the  attorney-general  with  law  books 
required  by  him  for  the  conduct  of  his  business  and  re- 
quiring the  state  librarian  to  provide  and  furnish  the 
same.      [Stats.  1895,  p.  65.] 


TITLE  37. 

ATTORNEYS   AT  LAW. 
ACT  271. 

Concerning  attorneys   and   counselors   at   law.      [Stats.    1851, 

48.] 
Amended    1S59,    60;     1861,    40;     1869-70,    578.     Superseded    by    Code    or 
Civil   Procedure,   sees.   275  et   seq. 


TITLE  38. 

AUBURN. 
ACT    276. 
Authorizing   the   trustees  of   Auburn   to   remove   a  cemetery 

and  to   donate  the  land  occupied  thereby  to   the   public 

for  a  park.      [Stats.  1895,  p.  109.] 


TITLE  39. 

BANKRUPTCY   AND   INSOLVENCY. 
ACT   281. 

Insolvent   debtors,   relief  of.      [Stats.   1875-6,   p.   581.] 
Supplementing  act   of   May   4,    1852.     Repealed   by   Insolvent    Act   of 
1880,   82. 
Cal.   Rep.   Cit.    64,  492. 

ACT    282. 

For    the   relief   of   insolvent    debtors.      [Stats.    1880,    p.    82.] 
Amended    1891,    511;    1S93,    45.     Repealed    1S95,    131. 
Cal.    Rep.    Cit.     65,    363;     106,    579;     141,    76;     141,    77. 


43  BANKS   AND    BANKING.  Acts  28 !   !'  ! 

ACT   283. 

For  the  relief  of  insolvent  debtors,  for  the  protection  of 
creditors  and  for  the  punishment  of  fraudulent  debtors. 
[Stats.  1895,  p.  131.] 

Amended   1S97,    35.     Superseded   by   the   federal    law. 
Cal.    Rep.    Cit.     117,   28;   118,    435;   126,    638;   127,    104,   130,    572;   130,    573;   138. 
739;     138,   740;     138,   742;     139,   259;     139,   260;     139,    356;     139,   357;     139,    35b; 
139.    359;     139,    360;    139,    361;     141,    99;     141,    100. 


TITLE  40. 
BANKS  AND  BANKING. 
ACT   288. 

For    the    formation    of    savings    corporations.      [Stats.    1862. 
p.  199.] 

Amended   1863-4,   158,    531;     1865-6;     626;     1869-70,    130;   1871-2,   132.     Sup- 
plemented  1867-8,   459. 

"Repealed   by   section   288,    Civ.    Code;   and   even   as   to   pre-existing 

corporations   modified   by   the   codes   and   the   constitution.     (McGowan    v. 

McDonald,    111,    Cal.    57.)"— Code    Commissioner's   Note.     See,    also,    L.aid- 

law  v.   Pacific  Bank,   70  Pac.   277;   Murphy  v.   Pacific   Bank,   119   Cal.   334. 

Cal.    Rep.    Cit.     72,    200;     111,    62;     111,    62;     119,    338;     137,    394;     137,    395. 

144,    222;     144,    226;     144,    227. 

ACT  289. 

Supplemental   to   the   act   for  formation   of   savings   corpora- 
tions.     [Stats.  1867-8,  p.   459.] 
Repealed   by    section   288,    Civ.    Code.     See   note   to   Act   632,    post. 

ACT    290. 

To    provide    for   the    formation    of   corporations   for   the   ac- 
cumulation of  funds  and  savings  and  the  direct  promo- 
tion   of   manufacturing    and    mechanic    arts,    agriculture 
and    mining.        [Stats.    1869-70,    525.] 
Repealed   by    section   288,    Civ.    Code.     See   note   to   Act   6S2,    poat. 

ACT  291. 

Concerning  corporations  engaged  in  banking.     [Stats.  1875-6, 
p.   729.] 

Repealed  1893,   112;     1895,   77. 

This    act    provided    for    the    publication    of    sworn    statements    by 
banks. 

Cal.   Rep.   Cit.     72,   56;    97,   32. 

ACT    292. 

To   compel   savings  banks   to   publish   a  sworn   statement   of 
unclaimed  deposits.      [Stats.   1893,   p.   183.] 


Act?  293-29G  BANKS  AND   BANKING.  it 

This   act   appears  In   full   in   Civil   Code,   Appendi3,   p.    674. 
Codified    by    amendment    of    Civil    Cede,    adopted    1905.     See     Civil 
Code  Supp.,    §   583b,   note.     Repealed  1905,   582. 

ACT   293. 

To   compel  all  depositaries  of  moDcy  and  commercial  banks 

to  publish  a  sworn  statement  of  all  unclaimed  deposits. 

[Stats.  1897,  p.  27.] 

This  act  appears  in   full  in  Civil  Code,   Appendix,   p.   675. 

Codified    by    amendment    of    Civil    Code,     adopted    1905.     See     Civil 
Code   Supp.,    §   5S3b,    note.     Repealed  1905,   582. 

ACT  294. 

Providing   for    the    dissolution    and   -winding   up   of   savings 
banks,  trust  companies,  etc.,  and  providing  for  disposi- 
tion   of    funds   not    claimed    within   five    years.      [Stats. 
1891,    p.    271.] 
This  act  appears   In  full   In  Civil   Code,   Appendix,   p.   67«. 

ACT    295. 

Creating  a  board  of  bank  commissioners.     [Stats.   1877-8,  p 

740.] 
Amended   1887,   90;     1895,   172;     1901,   30.    Repealed  1903,    73. 
Cal     R*p     Cit.     106,    69;     79,    465;     86,    259;     97,    472;     100,    111;     102,    4,fl; 
106,    69;     1X5,    457;     133,   108;     141,   78;     145,   706;     145,   710;     145,    711. 

ACT  298. 

An   act   creating   a  board    of   bank   commissioners,   and   pre- 
scribing  their   duties  and  powers. 
[Approved  March  24,   1903.     Stats.   1903,  365.     Am'd.   1905, 

p.  304.] 
The  People  of  California  represented  in  senate  and  as- 
sembly do  enact  as  follows: 
Section  1.  Within  ten  days  after  the  paspage  of  this  act 
the  governor  shall  appoint,  by  and  with  the  advice  and  con- 
sent of  the  senate,  four  competent  persons,  one  of  whom  shall 
be  an  expert  of  accounts,  to  be  styled  bank  commissioners; 
and  the  governor  shall  designate,  at  the  time  of  such  appoint- 
ment, their  respective  terms  of  office  in  accordance  with 
the  following  classification,  viz.:  Two  of  said  commissioners 
shall  serve  for  two  years,  and  two  for  four  years.  Their 
successors  shall  be  appointed  by  the  governor,  and  hold  their 
office  for  the  term  of  four  years  and  until  their  successors 
are  appointed  and  qualified.  Should  a  vacancy  occur  either 
by  death,  removal  from  the  state  or  otherwise,  the  governor 
Bhall  appoint  his  successor  for  the  unexpired  portion  of  his 
term.     The  persons  who  are  so  appointed  shall  have  no  offi- 


<7  BANKS    AND    BANKING.  Act  296,  §§2-4 

cial  connection  with  nor  be  in  the  employ  of  any  savings 
bank,  bank,  banking  company,  or  banking  society,  nor  shall 
they,  during  their  terms  of  office,  own  or  be  interested  in  the 
Btock  or  other  property  thereof.  Said  commissioners  shall 
have  their  office  in  the  city  of  San  Francisco. 

Sec.  2.  The  bank  commissioners,  before  entering  upon  the 
duties  of  their  office,  must  execute  an  official  bond  in  the 
sum  of  twenty  thousand  dollars,  and  take  the  oath  of  office, 
all  as  prescribed  by  the  Political  Code  for  state  officers  in 
general. 

Sec.  3.  The  duties  of  the  baDk  commissioners  shall  be  to 
prepare  and  furnish  to  every  savings  bank,  bank,  and  bank- 
ing company,  or  any  other  corporation  incorporated  under 
the  laws  of  this  state,  or  of  any  other  state  or  territory,  or 
foreign  country,  doing  a  banking  business  in  this  state,  ap- 
plying therefor,  a  license,  in  the  form  to  be  prescribed  by 
them,  authorizing  such  corporation  to  use  the  name  and  to 
transact  the  business  of  a  savings  bank,  bank,  or  banking 
company,  until  the  first  day  of  July  next  thereafter;  to  re- 
ceive and  place  on  file  in  their  office  the  reports  required  to 
be  made  by  savings  banks,  banks,  or  banking  corporations, 
by  this  act;  to  prepare  and  furnish,  on  demand,  to  all  per- 
sons, firms,  partnerships,  corporations,  or  officers  required  to 
make  and  return  statements  or  reports  to  said  bank  com- 
missioners by  the  provisions  of  this  act,  blank  forms  for 
such  statements  or  reports  as  may  by  law  be  required  of 
them;  to  make,  on  or  before  the  first  day  of  October  in  each 
year,  a  report  to  the  governor  of  this  state,  containing  a 
tabular  statement  and  synopsis  of  the  several  reports  which 
have  been  filed  in  their  office  since  their  last  report,  and 
any  other  proceedings  had  or  done  by  them  under  this  act, 
showing  generally  the  condition  of  the  respective  savings, 
commercial  and  other  banking  corporations  or  institutions  of 
this  state,  and  sueh  other  matters  as  in  their  opinion  may 
be  of  interest  to  the  public,  with  a  detailed  statement,  veri- 
fied by  their  oaths,  of  all  moneys  and  fees  of  office  received 
by  them  during  the  same  period. 

Sec.  4.  It  shall  be  the  duty  of  one  or  more  of  the  bank 
commissioners,  as  designated  by  the  commissioners,  once  in 
each  year,  and  as  often  as  in  their  judgment  may  be  deemed 
necessary,  without  previous  notiee,  to  visit  and  make,  per- 
sonally, a  full  exaTnination  of  each  and  every  corporation 
mentioned  in  section  three  of  this  act;  to  inspect  all  books, 
papers,  notes,  bonds,  or  evidences  jf  debt  of  such  corporation, 
and  all  securities;  to  ascertain  the  condition  of  every  such 
corporation,  its  solvency,  its  ability  to  fulfill  its  obligations, 


Act  296,  §§5-8  BANKS   AND    BANKING.  48 

and,  if,  in  their  opinion,  it  is  deemed  necessary,  report  its 
condition  to  the  attorney-general  as  soon  as  practicable  after 
such  examination. 

Sec.  5.  Such  commissioners  must  examine,  under  oath,  any 
of  the  officers,  agents  and  servants  of  any  such  corporation, 
in  relation  to  the  affairs  and  condition  of  such  corporation, 
and  may  administer  such  oath  personally:  and  whoever  shall 
neglect  or  refuse,  after  demand  and  notice  thereof,  and  with- 
out justifiable  cause,  to  appear,  or  testify  under  oath,  be- 
fore the  said  commissioners  in  the  discharge  of  their  duties, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  be  punished  by  a  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  ?  ear,  or  by  both  sueh  fine  and  imprisonment. 

Sec.  6.  If  any  bank  commissioner  shall  have  knowledge 
of  the  insolvency  or  unsafe  condition  of  any  corporation 
mentioned  in  this  act,  and  shall  neglect  to  report  the  same, 
in  writing,  to  the  attorney-general,  as  required  by  this  act, 
he  shall,  on  conviction  thereof,  be  punished  by  a  fine  not 
exceeding  ten  thousand  dollars  nor  less  than  five  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
one  year  nor  more  than  two  years,  or  by  both  such  fine  and 
imprisonment,  and  his  offiee  shall  be  declared  vacant  by  the 
governor,  and  a  successor  be  appointed  for"  the  unexpired 
term. 

Sec.  7.  No  corporation  shall  use  the  name  or  transact 
the  business  of  a  savings  bank,  or  bank,  or  banking  corpora- 
tion, without  the  license  provided  for  by  section  three  of 
this  act;  and  any  corporation  violating  this  provision  shall 
forfeit  the  sum  of  one  hundred  dollars  per  day  during  the 
continuance  of  the  offense;  and  any  person  who  enters  upon, 
engages  in,  or  carries  ou,  or  in  any  manner  attends  to  the 
business  or  management  of  a  savings  bank,  or  bank,  or  bank- 
ing corporation,  doing  business  without  such  license,  whether 
as  manager,  principal,  agent,  officer,  employee,  or  otherwise, 
shall  forfeit  the  sum  of  one  hundred  dollars  for  every  day 
he  so  enters  upon,  engages  in,  or  carries  on,  or  attends  to 
such  business;  and  any  violation  of  this  section  is  also 
hereby  declared  to  be  a  misdemeanor. 

Sec.  8.  Any  corporation  mentioned  in  section  three  of  this 
act,  including  banks  in  liquidation  or  insolvency,  shall,  when- 
ever required  by  the  board  of  bank  commissioners,  make  a 
report  in  writing  to  the  commissioners,  verified  by  the  oath 
of  its  president  and  its  secretary,  or  cashier,  or  its  two  prin- 
cipal   officers.     Said   report    shall   show    the    actual   financial 


49  BANKS    AND    BANKING.  Act  296,  §  8 

condition  of  the  corporation  making  the  report  at  the  close 
of  any  past  day  by  the  commissioners  specified,  by  stating: 

First — The  amount  of  its  capital  stock,  and  the  number  of 
shares  into  which  it  is  divided; 

Second — The  names  of  the  directors,  and  the  number  of 
shares  of  stock  held  by  each; 

Third — The  total  amount  actually  paid,  in  money,  by  stock- 
holders for  capital  stock,  and  the  total  amount  of  reserve 
fund,  if  any; 

Fourth — The  total  amount  due  to  depositors; 

Fifth — The  total  amount  and  character  of  any  other  liabil- 
ities it  may  have; 

Sixth. — The  amount  at  which  the  lot  and  building  occu- 
pied by  the  bank  for  the  transaction  of  its  regular  business 
stands  debited  on  its  books,  together  with  the  market  value 
oi  all  other  real  estate  held,  wiiether  acquired  in  settlement 
of  loans  or  otherwise;  the  amount  at  which  it  stands  debited 
on  the  bank  books;  in  what  county  situated,  and  in  what 
name  the  title  is  vested,  if  not  in  the  name  of  the  corpora- 
tion itself; 

Seventh — The  amount  loaned  on  real  estate,  specifying 
the  amount  secured  on  real  estate  in  each  county  separately; 
also  specifying  the  name  of  the  person  in  whose  name  the 
property  is  held  in  trust,  or  as  security,  in  case  it  is  held 
in  any  name  other  than  that  of  the  bank,  and  the  instrument 
creating  the  security  does  not  of  itself  disclose  the  name  of 
the  bank; 

Eighth — The  amount  invested  in  bonds,  designating  each 
particular  class,  and  the  amount . thereof ; 

Ninth — The  amount  loaned  on  stocks  and  bonds,  designat- 
ing each  particular  class,  and  the  amount  thereof; 

Tenth — The  amount  of  money  loaned  on  other  securities, 
with  a  particular  designation  of  each  class,  and  the  amount 
loaned  on  each; 

Eleventh — The  actual  amount  of  money  on  hand  or  depos- 
ited in  any  other  bank  or  place,  with  the  name  of  the  place 
where  deposited,  and  the  amount  in  each  place; 

Twelfth — Any  other  property  held  or  any  amount  of  money 
loaned,  deposited,  invested,  or  placed,  not  otherwise  herein 
enumerated,  with  the  place  where  situate,  and  the  value  of 
such  property,  and  the  amounts  so  loaned,  deposited,  or 
placed. 

The  oaths  of  the  officers  to  the  statements  above  required 

shall    state    that    they,   and    each   of   them,   have   a   personal 

knowledge  of  the, matters  therein  contained,  and  that   they 

believe  every  allegation,  statement,  matter  and  thing  therein 

Gen.  Laws — i 


Act  296,  §§  9,  10  BANKS   AND    BANKING.  SO 

contained  is  true;  and  any  willfully  false  statement  in  the 
premises  shall  be  perjury,  and  shall  be  punished  as  such. 
The  reports  as  provided  for  by  this  section  shall  by  the  com- 
missioners be  required  from  each  and  every  corporation 
herein  mentioned  at  least  three  times  in  each  year,  and  shall 
be  transmitted  to  the  commissioners  within  fifteen  days 
after  the  receipt  from  them  of  a  request  or  requisition  there- 
for. 

Sec.  9.  Any  corporation  mentioned  in  section  three  of  this 
act.  failing  to  furnish  to  the  bank  commissioners  any  report 
by  them  required  under  the  provisions  of  this  act  within 
the  time  herein  specified,  shall  forfeit  the  sum  of  one  hun- 
dred dollars  per  day  during  the  time  of  such  default. 

Sec.  10.  If  the  bank  commissioners,  on  examination  of 
the  affairs  of  any  corporation  mentioned  in  section  three  of 
this  act,  shall  find  that  any  such  corporation  has  been  guilty 
of  violating  its  charter,  the  laws  of  this  state,  or  any  of 
the  provisions  of  this  act,  or  is  conducting  business  in  an  un- 
safe manner,  they  shall,  by  an  order  addressed  to  the  cor- 
poration so  offending,  direct  discontinuance  of  such  illegal 
and  unsafe  practices,  and  a  conformity  with  the  require- 
ments of  the  law  and  its  charter,  and  of  the  provisions  of  this 
act.  And  if  such  corporation  shall  refuse  or  neglect  to  con- 
form with  such  requirements  before  the  expiration  of  the 
time  in  order  specified,  or  if  it  shall  appear  to  said  commis- 
sioners and  they  shall  unanimously  decide  that  it  is  unsafe 
for  any  such  corporation  to  continue  to  transact  business,  it 
shall  be  the  duty  of  the  commissioners  immediately  to  take 
such  control  of  such  corporation,  and  all  the  property  and 
effects  thereof,  as  may  be  necessary  to  prevent  waste  or  di- 
version of  assets,  and  to  hold  possession  of  the  same  until 
the  order  of  court  hereinafter  mentioned,  and  to  immediately 
notify  the  governor  and  the  attorney-general  of  their  action; 
and  it  is  hereby  made  the  duty  of  the  attorney-general,  upon 
receiving  such  notification,  to  immediately  commence  suit 
in  the  proper  court  against  such  corporation,  and  all  the  di- 
rectors or  trustees  thereof,  to  enjoin  and  prohibit  them  from 
the  transaction  of  any  further  business.  If,  upon  the  hear- 
ing of  the  case,  the  court  shall  find  that  such  corporation 
is  solvent  and  may  safely  continue  busniess,  it  shall  dismiss 
the  action,  and  order  that  the  corporation  be  restored  to 
the  possession  of  the  property,  but  if  the  court  shall  find 
that  it  is  unsafe  for  such  corporation  to  continue  business, 
or  that  such  corporation  is  insolvent,  said  court  shall  by  its 
decree  order  such  corporation  into  involuntary  liquidation, 
and  shall  issue   the   injunction   applied  for,  and  shall   cause 


SI  BANKS    AND   BANKING.  Act  296,  5  10 

the  same  to  be  served  according  to  law,  and  shall  order  tne 
commissioners  to   surrender  the   property  of  the   corporation 
in  their  possession  to  a  receiver  appointed  by  the  court  for 
the  purpose  of  liquidation  in  such  proceeding,  under  the  or- 
ders and  direction  of  the  court.     The  issuance  of  the  injunc- 
tion  hereinbefore    provided   for   shall,   by   operation   of   law, 
dissolve  any  and   all  attachments  levied  upon  any  property 
of   such   corporation   within   one   month   next   preceding   the 
date   of   the   notification   by   the   commissioners   to   the   gov- 
ernor and  the   attorney-general  as  provided  for  in  this  sec- 
tion; and  no   attachment  or   execution  shall,  after   the  issu- 
ance  of  such  injunction   and  during  the  process   of  liquida- 
tion, be  levied  upon  any  property  of  such  corporation,  nor 
shall  any  lien  be  created  thereon.    If  a  receiver  be  appointed, 
before  surrendering  to  him  the  property  of  the  corporation 
for    purposes   of   liquidation,    the   person   named   as   receiver 
shall  execute  to  the  people  of  the  state  of  California,  an  un- 
dertaking, with  sufficient  sureties,  in  an  amount  to  be  fixed 
by   the   court,   that   he   will   well   and   truly  perform   all   the 
duties  devolving  on  him  by  reason  of  such  receivership,  and 
that  he  will  faithfully  discharge  the  duty  of  receiver  in  the 
proceeding,   and  obey   the   orders  of  the  court  therein.     Ev- 
ery receiver  appointed   under  the   provisions  of  this  section 
shall  make  report  of  the  conditions  of  the  affairs  under  his 
charge  to  the  bank  commissioners  in  the  same  manner  as  the 
solvent     banks    mentioned   in   this   article    are,   by   law,    re- 
quired to  do,  and,  in  addition  thereto,  shall  state  the  amount 
of   dividends  paid,   debts  collected,   and   the   money   realized 
on  property  sold,  if  any,  since  the  previous  report.     The  brink 
commissioners  shall  have  the  power,  and  it  is  hereby  m..ie 
their  duty,  to  examine  the  conditions  of  the  affairs  of  every 
such   corporation   in   liquidation,   in   the    same   manner   as   in 
case  of  solvent  banks,  businesses,  and  institutions,  and  they 
Bhall  have  a  general   supervision  of   the   affairs  of  such   cor- 
poration in  liquidation.     They  shall  have  the  power  to  limit 
the  number  of  employees  necessary  to  close  up  the  business 
of    any    such    corporation    in    liquidation,    and    also    to    limit 
the  salaries  of  the  same,  and  shall   do  all  in   their  power  to 
make   such  liquidation   as   economical   and  as   expeditious  as 
the    interests   of   the   creditors,   depositors   and   stockholders 
will  admit.     If  any  officer  or  employee  of  any  association  or 
corporation   solvent,    insolvent,    or   in    liquidation,    or   if    any 
other   person,  shall   refuse   to  comply  with  the   provisions  of 
this  section,  or  disr<  gard  or  refuse  to  obey  the  directions  of 
said  bank   commissioners,  given  in  accordance  with  the   pro- 
visions of  this  act,  such  person,  officer,  or  employee  shall  be 


Act  296,  §§  11-13  BANKS    AND    BANKING.  M 

punished  by  a  fine  not  exceeding  five  thousand  dollars  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  imprisonment.  When  the  receiver 
herein  provided  for  shall  have  been  appointed  and  qualified, 
the  duties  of  the  attorney-general  shall  end. 

The  bank  commissioners  shall,  by  a  resolution  entered  upon 
its  minutes,  concurred  in  by  at  least  three  members,  have 
power  to  employ  legal  counsel  for  any  of  the  purposes  men- 
tioned in  this  section  or  to  enforce  any  of  the  penalties  pre- 
scribed by  this  act,  without  the  consent  of  the  attorney- 
general,  the  expense  thereof  to  be  a  charge  against  the  in- 
dividual bank  concerning  which  said  services  are  required, 
and  if  more  than  one  bank,  then  pro  rata  among  such  banks. 

Sec.  11.  The  bank  commissioners  shall  each  receive  a 
salary  of  three  thousand  six  hundred  dollars  per  annum,  and 
necessary  traveling  expenses,  not  to  exceed,  for  the  four 
commissioners,  the  sum  of  four  thousand  dollars  per  annum, 
to  be  audited  by  the  state  controller  and  paid  by  the  state 
treasurer,  in  the  same  manner  as  the  salaries  and  expenses 
of  other  state  officers.  No  person  while  holding  any  other 
office,  or  engaged  in  business  of  any  kind  requiring  his  per- 
sonal attention  between  the  hourse  of  nine  A.  M.  and  fo^ir 
P.  M.,  shall  serve  as  bank  commissioner. 

Sec.  12.  The  bank  commissioners  shall  furnish  each 
member  of  the  legislature  with  a  copy  of  their  annual 
report,  at  each  session  of  the  legislature,  during  the  first 
week  of  the  session. 

Sec.  13.  The  bank  commissioners  shall  have  the  power 
to  appoint  a  secretary,  at  a  salary  of  three  hundred  ($300) 
dollars    per    month. 

It  shall  be  the  duty  of  the  secretary  whenever  required 
by  the  bank  commissioners  to  visit  and  make  personally  a 
full  examination  of  any  corporation  mentioned  in  section 
three  (3)  of  this  act  and  report  its  condition  to  the  bank 
commissioners,  and  the  secretary  shall  be  allowed  his  actual 
expenditures  necessarily  incurred  in  making  such  examina- 
tion and  report,  and  for  this  purpose  the  secretary  of  the 
bank  commissioners  is  hereby  empowered  to  administer 
oaths. 

The  said  commissioners  shall  keep  their  office  open  for 
business  from  nine  o  'clock  A.  M  until  four  o  'clock  P.  M. 
every  day,  except  nonjudicial  days.  They  shall  procure 
roonis  necessary  for  their  office  at  a  rent  not  to  exceed  one 
hundred  ($100)  dollars  per  month.  They  may  also  provide 
stationery,   fuel    and    other   conveniences    necessary    for   the 


53  BANKS   AND   BANKING.  Act  296,  §J  14,  16 

transaction  of  their  duties,  not  exceeding  in  the  aggregate 
the  sum  of  four  thousand  ($4000)  dollars  per  annum,  and 
cause  their  annual  reports  to  the  governor  of  this  state  to 
be  printed  by  the  lowest  bidder  and  distributed,  at  a  cost 
not  to  exceed  two  thousand  ($2,000)  dollars  per  annum,  and 
which  printing  shall  be  exempt  from  the  provisions  of  Ar- 
ticle XII,  Chapter  III,  Title  I,  Part  III,  of  the  Political 
Code.  All  expenditures  authorized  in  this  section  shall  be 
audited  and  paid  in  the  same  manner  as  the  salary  of  the 
commissioners.      [Am'd.   1905,  p.  305.] 

Sec.  14.  All  reports  required  to  be  made  to  the  bank 
commissioners  by  the  provisions  of  this  act  shall  be  filed, 
and  kept  on  file,  by  the  bank  commissioners,  in  their  office, 
and  shall  be  open  to  the  inspection  of  the  public  during 
their  office  hours. 

Sec.  15.  To  pay  the  salaries,  the  cost  of  printing  the 
bank  commissioners'  annual  reports,  and  all  other  necessary 
expenses  of  the  commissioners,  as  provided  for  in  this  act, 
every  corporation,  person  or  partnership,  receiving  a  license 
shall  pay  annually  therefor,  in  advance,  to  the  commission- 
ers, in  gold  coin,  the  sum  of  forty  ($40)  dollars.  To 
meet  the  balance  of  such  expenses,  after  deducting  there- 
from the  amount  received  from  licenses,  each  of  said  cor- 
porations, persons  and  partnerships  shall  pay  annually,  in 
advance,  to  the  commissioners,  in  gold  coin,  its,  his  or  their 
share  of  the  amount  of  said  balance;  the  share  to  be  paid  by 
any  such  corporation,  person  or  partnership,  to  be  deter- 
mined by  the  proportions  which  the  deposits  of  any  such 
corporation,  person  or  partnership  bear  to  the  aggregate 
deposits  of  all  such  corporations,  persons  or  partnerships 
receiving  licenses,  as  shown  by  the  latest  reports  of  such 
corporations,  persons  and  partnerships  to  the  commissioners. 
Said  commissioners  shall,  on  demand  made  therefor,  and 
without  charge,  furnish  to  every  corporation,  society,  asso- 
ciation, company,  institution,  partnership,  person  or  per- 
80ns,  mentioned  in  this  act,  copies  of  papers,  statements  and 
reports  filed  in  their  office,  and  may,  as  provided  by  this 
act,  recover  any  and  all  moneys  payable  to  them  by  any 
corporation,  association,  society,  company,  institution,  part- 
nership, person  or  persons  herein  mentioned;  and  all  moneys 
collected  or  received  by  such  bank  commissioners,  or  either 
of  them,  under  or  by  virtue  of  the  provisions  herein,  shall 
be  by  them  delivered  to  the  treasurer  of  this  state,  who 
shall  pay  the  same  into  a  fund,  which  is  hereby  created, 
and  which  shall  be  known  as  the  "Bank  Commissioner's 
Fund. ' '     And   the  unexpended  balance  of  all  moneys   here- 


Act  296.  §§  16-21  BANKS    AND    BANKING.  M 

tofore  paid  into  the  state  treasury  by  said  bank  commis- 
sioners shall  be  transferred  to  said  fund  and  become  a  part 
thereof.     [Am'd.    1905,   p.   305.] 

Sec.  16.  The  bank  commissioners  shall  keep  proper  books 
of  record  of  all  acts,  matters,  and  things  done  by  them 
under  the  provisions  of  this  act,  which  shall  be  open  to  the 
inspection  of  the  public  during  their  office  hours. 

Sec.  17.  The  bank  commissioners  or  either  of  them  may 
issue  subpoenas  for  witnesses  to  attend  and  testify  before 
them  or  either  of  them  on  any  examination  by  this  act  au- 
thorized, which  must  be  served,  obeyed,  and  enforced  as 
provided  in  the  Code  of  Civil  Procedure  for  civil  cases;  the 
commissioners  to  issue  attachments,  and  impose  the  penalty 
for  disobedience,  and  the  witnesses  may  be  punished'  as 
provided  in  the  Penal  Code. 

Sec.  18.  The  bank  commissioners  may  sue  for  and  re- 
cover, in  the  name  of  the  people,  in  any  court  of  competent 
jurisdiction,  all  sums  of  money  which  become  due,  payable, 
or  forfeited  by  any  of  the  provisions  of  this  act. 

Sec.  19.-  The  commissioners  shall,  upon  the  expiration 
of  their  term  of  office,  deliver  to  their  successors,  or  if  there 
be  none,  then  to  the  controller  of  state,  all  property,  books, 
reports  and  papers  of  every  description  pertaining  to  their 
office. 

Sec.  20.  Every  person  engaged  for  himself,  or  any  per- 
son being  the  cashier,  manager  or  agent  of  two  or  more 
persons,  not  incorporated,  engaged  in  the  business  of  bank- 
ing in  this  state,  or  publicly  receiving  money  on  deposit, 
must  apply  for  and  take  out  a  license  for  such  privilege,  and 
shall  be  subject  to  the  same  requirements,  limitations,  lia- 
bilities, penalties,  and  provisions  as  are  in  this  act  pro- 
vided for  incorporated  banks  or  banking  corporations,  so 
far  as  the  same  appertain  to  said  business.  [Am'd.  1905, 
p.    306.] 

Sec.  21.  The  use  of  the  word  "bank,"  or  any  other 
word  or  terms  denoting  or  implying  the  conduct  of  the  busi- 
ness of  banking,  or  the  use  of  the  word  "savings,"  alone 
or  in  connection  with  other  words  denoting  or  implying 
the  conduct  of  the  business  of  a  savings  institution,  or  a 
savings  and  loan  society,  is  hereby  prohibited  to  all  per- 
sons, firms,  associations,  companies,  or  corporations  other 
than  those  subject  to  the  supervision  of  the  bank  commis- 
sioners or  required  by  this  act  to  report  to  them,  and  no 
license  as  in  this  act  provided  shall  be  issued  by  the  com- 
missioners to   any   corporation  that  does  not  receive  money 


55  BANKS   AND    BANKING.  Act  296,  §§22-24 

from  the  public  as  deposits  in  manner  customary  with  com- 
mercial or  savings  banks.  Any  person,  firm,  association, 
company,  or  corporation  not  subject  to  the  supervision  of 
the  bank  commissioners  or  not  required  by  this  act  to  re- 
port to  them,  making  use  of  terms  implying  conduct  of  a 
bank,  savings  bank,  or  savings  and  loan  society  by  means 
of  signs,  advertisements,  letter  heads,  bill  heads,  blank 
notes,  blank  receipts,  certificates,  circulars,  or  any  -written 
or  printed  or  partly  written  and  partly  printed  paper  what- 
ever, having  thereon  any  artificial  or  corporate  name  or 
other  word  or  words  indicating  that  such  business  is  the 
business  of  a  bank,  savings  bank,  or  savings  and  loan  so- 
ciety, shall  forfeit  for  each  day  the  offense  is  continued 
the  sum  of  one  hundred  dollars,  to  be  recovered  as  provided 
in    this    act. 

Sec.  22.  The  commission  hereby  established  shall  be  *he 
legal  successor  of  the  bank  commissioners  created  by  the 
act  creating  a  board  of  bank  commissioners,  approved  March 
30,  1878,  and  the  acts  amendatory  thereto,  and  shall  be 
entitled  to  have  and  receive  all  the  books,  records  and  other 
property  acquired  by  and  belonging  to  the  said  bank  com- 
missioners and  shall  be  substituted  for  and  continue  in  the 
stead  and  place  of  said  bank  commissioners  all  suits  ac- 
tions and  proceedings  at  law  now  pending  wherein  said  bank 
commissioners   are   a   party. 

Sec.  23.  No  bank,  banking  corporation,  person  or  part- 
nership, shall  make  any  loan  or  discount  on  the  security  of 
the  shares  of  its  own  capital  stock,  nor  be  the  purchaser 
of  any  such  shares,  unless  such  security  or  purchase  shall 
be  necessary  to  prevent  loss  upon  a  debt  previously  con- 
tracted in  good  faith;  and  stock  so  purchased  or  acquired 
shall,  within  six  (6)  months  from  the  time  of  its  purchase, 
be  sold  at  public  or  private  sale;  and  in  default  thereof, 
after  demand  by  the  bank  commissioners,  the  charter  of 
such  corporation  shall  be  deemed  forfeited,  and  the  bank 
commissioners  may  institute  liquidation  proceedings  against 
said  corporation,  as  is  provided  in  section  ten  of  this  act. 
[Am'd.  1905,  p.  306.] 

Sec.-  24.  Every  banking  corporation,  except  savings 
banks,  and  every  person  and  partnership  doing  a  banking 
business,  shall  at  all  times  have  on  hand  in  cash  an  amount 
equal  to  at  least  twenty  (20%)  per  cent,  of  its  demand  or 
immediate  liabilities  and  time  certificates  of  deposit,  if  its 
principal  place  of  business  is  located  in  any  city  of  the 
state  having  a  population  of  two  hundred  thousand  (200,000) 


Acts  301,  306  BARBERS— BEE-CULTURE.  86 

and  over;  and  an  amount  equal  to  at  least  fifteen  (15%) 
per  cent  of  its  demand  or  immediate  liabilities  and  time 
certificates  of  deposit,  if  its  principal  place  of  business  is  lo- 
cated elsewhere  in  the  state.  One-half  of  such  cash  re- 
serve may  consist  of  moneys  on  deposit  subject  to  call 
with  any  solvent  bank  or  trust  company. 

Cash  shall  include  specie,  national  bank  notes,  legal 
tender  notes,  and  all  paper  obligations  of  the  United  States 
circulating  as  money,  and  exchanges  for  clearing-house  as- 
sociations.    [Am'd.   1905,  p.  307.] 

See.  25.  No  corporation  which  has  or  shall  be  incorpo- 
rated under  the  general  laws  of  this  state  authorized  by  its 
articles  of  incorporation  to  act  as  executor,  administrator, 
guardian,  assignee,  receiver,  depository  or  trustee  shall  be 
permitted  to  act  or  be  appointed  as  such  unless  it  shall  have 
a  paid-up  capital  of  not  less  than  one  hundred  thousand 
($100,000)  dollars,  of  which  one  hundred  thousand  ($100,- 
000)  dollars  shall  have  been  actually  paid  in  cash.  [Am'd. 
1905,  p.  307.] 


TITLE  41. 

BARBERS. 

ACT   301. 

To  regulate  the  practice  of  barbering,  the  registering  and 
licensing  of  persons  to  carry  on  such  practice,  and  to 
insure  the  better  education  and  promote  competency 
and  skill  among  such  practitioners  in  the  state  of  Cali- 
fornia. [Approved  February  20,  1901.  Stats.  1901, 
15.] 
Repealed   1903,    166. 


TITLE  42. 

BEE     CULTURE. 

ACT  306. 

To  authorize  the  boards  of  supervisors  of  the  several  coun- 
ties of  this  state  to  appoint  inspectors  of  apiaries  and 
provide  for  their  compensation,  and  defining  their  du- 
ties, and  for  the  further  protection  of  bee  culture.  [Ap- 
proved March   13,  1S83;   1883,  285.] 

Repealed   1901,    13. 

The  nature  of  the  act  appears  from   Its  title. 


57  BENEVOLENT    CORPORATIONS.  Acts  307-31! 

ACT  307. 

To  promote  the  apicultural  interests  of  the  state  of  Cali- 
fornia by  providing  county  inspectors  of  apiaries,  and 
defining  their  duties,  and  providing  for  their  compen- 
sation, and  repealing  the  act  entitled  "An  act  to  au- 
thorize the  board  of  supervisors  of  the  several  counties 
of  this  state  to  appoint  inspectors  of  apiaries,  and  pro- 
vide for  their  compensation,  and  defining  their  duties, 
and  for  the  further  protection  of  bee  culture,"  approve  1 
March  13,  1883.  [Approved  February  20,  1901.  Stats. 
1901,  13.] 
Amended   1903,    7. 


TITLE  43. 

BENEFIT  SOCIETIES. 
ACT    312. 

Mutual    benefit    and    relief    associations.     [Stats.    1873-4,    p. 

745.] 
Amended   1880,   25;   1901,   6. 
This  act  appears  in  full  in  Civil  Code,   Appendix,   p.   678. 

Codified    by    amendments    of    Civil    Code    adopted    1905.     See    Civil 
Code,    Supp  ,    §   452a,   note. 

Cal.    Rap.    Cit.     128,    263;    142,    491;    142,    492;    142,    493;    142,    495;    142,    496. 


TITLE  44. 

BENEVOLENT  COKPORATIONS. 
ACT  317. 
To  further  extend   the  act  concerning  corporations.     [Stats. 

1857,  p.   75.] 

This    act    authorized    the    formation   of   corporations   for   benevolent 
purposes.     See   note    to   act    632,    post. 

ACT   318. 

Further    extending     act     concerning     corporations.      [Stats. 

1858,  p.  57.] 

Amended    and    supplemented    1858,    264. 

This    act    allowed     the    formation     of    corporations    for    charitable 
and    benevolent   purposes. 

ACT   319. 

Supplementary     to    act    of    1850     concerning     corporations. 
[Stats.  1858,  p.  264.] 

This   act    authorized    the    formation   of   corporations    for    benevolent 
and   literary   purposes.     See  the   note  to  act  632,    post. 


Acta  324-339  BENICIA— BIG    TREKS.  M 

TITLE  45. 

BENICIA. 
ACT    324. 

To  settle  land  titles  in.     [Stats.  1865-6,  p.  107.] 

ACT  325. 

To   cede   certain  property  to.     [Stats.   1855,  239.] 
This   act  ceded   to  Benicia   the  entire   waterfraat  of   that  city. 
Cal.   Rep.    Clt.    113,   345. 

ACT   326. 

Election  of  assessor,  city  marshal,  and  treasurer  of.       [Stats. 
1877-8,  p.  400.] 
Superseded   by    incorporating,    in   1886,    under   Municipal   Corporation 
Act  of  1883. 

ACT    327. 

To  provide  for  the  government  of.     [Stats.  1S59,  314.] 

Supplemented  1860,  US;  1861,  17.  Amended  1862,  231;  1867-8,  3, 
206;  1869-70,  854;  1873-1,  777.  Superseded  by  incorporating,  in  1&*, 
under   the   Municipal   Corporation   Act   of   1S83. 


TITLE  46. 

BERKELEY. 
ACT  332. 

To  incorporate   the  town  of.     [Stats.  1877-8,  p.   888.] 

Superseded    by    the   charter   of    Berkeley,    1895,    410.     (Miner   v.    Jus- 
tices'   Court,    121   Cal.    264.) 

ACT    333. 

To   create   a  justice's   court  for  the   town  of.     [Stats.   1895, 
p.  205.] 
Unconstitutional.     (Miner   v.    Justices'    Court,    121   Cal.    264.) 


TITLE  47. 

BIG    TREES. 
ACT    338. 

Big  trees,  protection  of,  in  Fresno,  Tulare  and  Kern  Coun- 
ties.     [Stats.    1873-4,   p.   347.] 
ACT    339. 

To   provide   for   the   management   of   the   Mariposa   big   tree 
grove.     [Stats.  1880,  44.] 

Amended  18S5,    212. 


53  BOARD    OF    EXAMINERS.  Acts  344-JS'i 

TITLE  48. 
BILLS  AND  NOTES. 
ACT    344. 

Relating  to  bills  of  exchange  and  promissory  notes.      [Stats. 
1850,  p.  247.] 

Superseded     by     provisions    of    Civil     Code    relating    to    negotiable 
instruments. 
Cal.  Rep.  Cit.    90,  107;    103,  322;    103,   323. 


TITLE  49. 

BLUE  BOOK. 
ACT    349. 

To   provide   for  the   compilation,   printing,   binding,  publish- 
ing and   distribution  of  a  legislative   manual   and   state 
blue    book,    or    roster,    and    repealing    conflicting    acts. 
[Approved  February    13,    1903.     Stats.    1903,    19.] 
Former  acts  can   be  found   in   Statutes  1891,   454,   and  1893,    218. 


TITLE  50. 
B'NAI  B'RITH. 

ACT  354. 
Concerning  order  of  B'nai  B'rith.      [Stats.  1867-8,  p.  310.] 
Repealed  by  sec.  28S,   Civ.   Cede.     See  note  to  act  632,  post. 
This  act  conferred  corporate  power  on  this  society. 


TITLE  51. 
BOARD  OP  EXAMINERS. 
ACT    359. 

Purchase   of  supplies  for  state  officers  and  members  of  the 
legislature.     [Stats.  1875-6,  p.  314.] 

This    act    constituted    the    state    board    of    examiners    a    furnishing 
board    with    certain    powers    and    duties. 

ACT   360. 

To  authorize  the  state  board  of  examiners  to  invest  the 
moneys  derived  from  the  state  school  lands  in  the 
bonds  of  the  several  counties  of  this  state.  [Stats 
1871-2,  54.     Repealed  1883,  25.] 


Acts  361-36S  BOARDS    OF    FREEHOLDERS— BONDS.  W 

ACT   361. 

Authorizing  state  board  of  examiners  to  sell  old  furniture 
and  all  material  belonging  to  the  state  and  not  re- 
quired  for  public  use.     [Stats.   1891,  p.  452.] 

ACT   362. 

Prescribing    certain    duties    to    be    performed    by    the    state 
controller,   state    treasurer,   and   state   board   of   examin- 
ers.     [Stats.   1871-2,   p.   118.] 
This  act  appears   in  full   in   Political   Code,    Appendix,    p.    1103. 


TITLE  52. 
BOARDS   OF   FREEHOLDERS. 
ACT   367. 

In  relation  to  municipal  elections  where  the  same  are  held 
separate  from  general  state  elections,  and  elections 
held  under  the  authority  of  section  eight  of  article 
eleven  of  the  constitution,  to  elect  boards  of  freehold- 
ers, or  to  vote  upon  proposed  charters  or  upon  amend- 
ments to  existing  charters,  and  to  repeal  an  act  en- 
titled an  act  in  relation  to  elections  held  under  the 
authority  of  section  eight  of  article  eleven  of  the  con- 
stitution, approved  March  31,  1897.  [Approved  March 
4,  1899.  Stats.  1899,  63.] 
Cal.   Rep.   Cit.    133,   344. 


BOARDS  OF  TRADE. 

See  title  Chambers  of   Commerce. 


TITLE  53. 

BOXDS. 

ACT  368. 

An  act  making  the  cost  of  certain  bonds  of  receivers,  as- 
signees, trustees,  guardians,  administrators  and  execu- 
tors chargeable  to  a  certain  extent  against  the  trust 
estate. 

[Approved    March    20,    1905.     Stats.    1905,    477.] 

Section  1.  Any  receiver,  assignee,  trustee,  guardian,  ad- 
ministrator or  executor  required  by  law  or  by  the  order  of 
court  to  give  a  bond  as  such,  shall  be  allowed  as  part  of  the 
lawful  expense  of  executing  his  trust,  the  sum  paid  for  such 
bond,  not  exceeding,  however,  one-half  (Y2)  of  one  (1)  per 
cent  of  the  amount  of  such  bond,  for  each  year  that  the 
same  shall  remain  in  force. 


61  BONDS.  Acta  30-S/6 

ACT  369. 

To    provide    for    funding    the    indebtedness    of    counties    in 
certain   cases.      [Stats.   1884,  8.] 
Superseded  by  County  Government   Act,   subd.   13,    sec.   25,    1897,   460. 

ACT  370. 

To    provide    for    the    funding    indebtedness    of    the    several 

counties  of  the  state  and  the  issuing  of  bonds  therefor. 

[Stats.   1889,  p.   37.] 

Superseded  by  sec.   25,    County   Government   Act,   1897,   457. 

ACT  371. 

Authorizing   the   several    counties   of   the   state   to   create   a 
bonded    indebtedness.      [Stats.    1889,    p.    348.] 

Superseded    by    sec.    25,    County    Government    Act,    1897,    460. 

ACT  372. 

Providing    for    submitting    to    the    qualified    electors    of    a 

countv   or  city  and   county  a   proposed  issue   of   bonds. 

[Stats.  1883,  p.  375.] 

Superseded  by   sec.    25,    County   Government   Act  of   1S97,    and   a»   to 
San  Francisco  by  its  charter. 

ACT  373. 

Authorizing  the  board  of  supervisors  of  any  county,  or 
any  subdivision  of  a  county,  having  a  bonded  debt, 
to  refund  such  debt  at  a  less  rate  of  interest.  [Ap- 
proved March  18,  1885,  211.] 

Superseded   by   subd.    13,    sec.   25,    County   Government  Act,    1897,    460. 

ACT  374. 

To  provide  for  the  payment  of  interest  on  the  outstanding 
bonds  of  the  state  held  in  trust  for  the  university 
fund  and  the  state  school  fund.  [Stats.  1893,  p.  75.] 
Amen-ded   1899,    93 

ACT  375. 

To  provide  for  the  redemption  and  payment  of  certain 
funded   debt  bonds   of   the   state.     [Stats.    1893,   p.   49.] 

ACT  376. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to 
create  a  fund  for  the  construction  by  the  board  of 
state  harbor  commissioners  of  a  seawall  and  appur- 
tenances in  the  city  and  county  of  San  Francisco; 
to    create    a    sinking    fund    for    the    payment    of    said 


Acts  377-3S2  BONDS.  62 

bonds;  and  providing  for  the  Submission  of  this  act 
to  a  vote  of  the  people.  [Approved  March  20,  1903. 
Stats.   1903,  247.] 

This  act  provided  for  the  submission  to  the  people  of  the  ques- 
tion of  voting  upon  the  issuance  of  bonds  to  the  amount  of  $2,000,000 
for  the   construction   of   a   seawall   in    San   Francisco. 

ACT  377. 

To  facilitate  the  giving  of  bonds  required  by  law.     [Stats. 
1885,    p.    114.] 
Cal.    Rep.    Cit.     97,    355. 

This  act  appears  In  full  in-  Code  of  Civil  Procedure,  Appendix, 
p.  761;  also  in  Civil  Code,  Appendix,  p.  6S0.  It  authorized  surety 
corporations   to   act   as   sole   surety. 

ACT  378. 

In   relation   to    suits   brought    on    official   bonds   and   obliga- 
tions in  favor  of  the  state.     [Stats.  1857,  173.] 
Superseded   by   Political   Code,    sees.    983,    984. 

ACT  379. 

To   provide   for   the   payment   by   the   state    or   counties,   or 

cities,  or  cities  and  counties,  of  the  premium  or  charge 

on    official    bonds    when    given    by    surety    companies. 

[Stats.  1903,  476.] 

This  act  appears   in   full  in   Political  Code,    Appendix,   p.   1041. 

ACT  380. 

To  provide  for  the  redemption  and  payment  of  certain 
funded  debt  bonds  of  this  state,  together  with  interest 
thereon,  making  an  .appropriation  therefor,  and  au- 
thorizing the  state  controller  and  state  treasurer  to 
transfer  the  sum  of  one  hundred  and  twenty  thousand 
dollars  from  the  general  fund  to  the  interest  and  sink- 
ino-  fund  To  carry  cut  the  provisions  of  this  act.  [Ap- 
proved February   27,   1893.     Stats.    1893,   p.   49.] 

ACT  381. 

.To  provide  for  the  payment  of  funded  indebtedness  of 
the  state  of  California,  and  to  contract  a  funded  debt 
for  that  purpose.  [Approved  March  31,  1891.  Stats. 
1891,  p.  210.] 

The  act  created  a  board  of  commissioners  to  issue  bonds  for 
the  purpose  indicated  and  provided  for  the  sale  and  redemption  of 
the  bonds. 

ACT  382. 

An  act  authorizing  the  common  council,  board  of  trustees, 
or   other   governing   body   of    any   incorporated    city   or 


N  BONDS.  Act  382,  $$  1.  a 

town  other  than  cities  of  the  first  class  tc  refund  its 
indebtedness,  to  issue  bonds  therefor,  and  to  provide 
for    the   payment   of    the    same. 

LStat.   approved   March   9,    1897;    Stats.    1897,    75,   amended 
1901,   274.] 

Unconstitutional    in    part.     (Los    Angeles   v.    Hance,    122    Cal.    77.) 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.     The    common    council,    board    of    trustees,    or 
other    governing    body    of    any    incorporated    city    or    town 
other  than  cities  of  the  first  class,  in  this  state,  having  an 
outstanding  indebtedness,    evidenced   by  bonds   or  warrants 
thereof,  or  by  judgment  or  judgments  recovered   against  it 
aijon  bonds  or  warrants  originally  issued  by  such   town  or 
oity,  is  empowered,  by  a  two-thirds  vote  of  its  number,   to 
fund   or   refund   the   said   indebtedness    and   issue   bonds    of 
tuch  city  or  town  therefor  in  sums  of  not  less  than  one  hun- 
dred dollars  nor  more  than  one  thousand   dollars   each,  and 
having  not  more  than  forty  years  to  run,  and  bearing  a  rate 
•f  interest  not  exceeding  six  per  cent  per   annum,  payable 
iremi-annually;     provided,     that     no     indebtedness    shall      be 
refunded   at   a   higher   rate   of   interest   than   that   borne   by 
the   original    debt.     Such    bonds    shall    be    of    the    character 
known    as    "serials,"    not    less    than    one-fortieth    of    the 
principal   being    payable    each    year,    together    with    the    in- 
terest  due   on   all   sums   unpaid.     Principal   and   interest   on 
said   bdhds   shall   be   payable   in   gold   coin   or   other   lawful 
money  of   the   United   States,  as  may  be   expressed   in   said 
bonds,   at  the  office  of  the   treasurer  of  said   city   or   town. 
Said  bonds   shall   be   sold  in   the   manner   provided   by   such 
city  council  or  other  governing  body,  to  the  highest  bidder 
therefor,   for   not   less   than   their   face    value,   in   the    same 
character    of    money    as    that    in    which    they    are    payable. 
The   proceeds  of   such  sale  shall  be   placed  in   the   treasury 
of  such  city  or  town  to  the  credit  of  the  ' '  funding  fund, ' ' 
and    shall    be    applied    only    to    refunding    the    indebtedness 
for  which  said  bonds  were   issued.     Said   trustees,   or   other 
governing   body,    shall    at    the    time    for    fixing   the    general 
tax  levy   for   each  year,   and  in   the   same   manner   as   such 
tax  levy  is  made,  levy  and  collect  sufficient  money  to  pay 
such  part   of  the  principal  of  said  bonds  issued  under   this 
act   as   one   year   bears   to   the   number   of   years   for   which 
the  bonds  are  to  run,  and  also  the  annual  interest  upon  the 
sums  unpaid.      [Amended   1901,  274.] 

Sec.  2.     Whenever    sufficient    money    is    in    the     funding 
fund,  in  the  hands  of  the  treasurer,  to  redeem  one  or  more 


Act  382,  §§  3-6  BONDS.  M 

of  the  outstanding  bonds  proposed  to  be  refunded,  he  shall 
publish  once  a  week  for  two  weeks  in  some  newspaper 
of  general  circulation  published  in  such  city  or  town,  if 
there  be  any,  a  notice  to  the  effect  that  he  is  prepared 
to  pa}-  such  bond  or  bonds  (giving  the  number  thereof), 
and  if  the  same  are  not  presented  for  redemption  within 
thirty  days  after  the  first  publication  of  such  notice,  the 
interest  on  such  bonds  will  cease.  He  shall,  at  the  same 
time,  deposit  in  the  postomce  a  copy  of  such  notice,  in- 
closed in  a  sealed  envelope,  with  the  postage  paid  there- 
on, addressed  to  the  owner  or  owners  of  such  bond  or 
bonds,  at  the  postomce  address  of  such  owner  or  owners, 
as  ehown  by  the  record  thereof  kept  in  the  treasurer's 
office.  If  such  bond  or  bonds  are  not  presented  within 
the  time  specified  in  such  notice,  the  interest  thereon  shall 
ther  cease,  and  the  amount  due  be  set  aside  for  the  pay- 
ment of  the  same,  whenever  presented.  All  redemption  ol 
bonds  shall  be  made  according  to  the  priority  in  the  order 
of  their  issuance,  beginning  at  the  first  number.  When- 
ever such  outstanding  bonds  are  surrendered  and  paid, 
the  treasurer  shall  proceed  to  cancel  the  same  by  in- 
dorsing on  the  face  thereof  the  amount  for  which  they 
are  received,  the  word  "Canceled"  and  the  date  of 
cancellation.  He  shall  also  keep  a  record  of  such  bonds 
so  redeemed,  and  shall  make  a  report  of  the  same  to 
the  common  council,  or  other  governing  body  of  such 
city  or  town,  at  least  once  a  month,  accompanying  tha 
same  therewith  by  the  bonds  which  have  been  taken  up 
and  canceled. 

Sei  .  3.  All  moneys  which  shall  remain  in  said  funding 
fund  after  all  outstanding  bonds  or  indebtedness  as  were 
proposed  to  be  refunded  have  been  taken  up  and  canceled, 
shall  be  paid  into  the  general  fund  of  such  city  or  town, 
and  become  a  part  thereof.      [Amended  1901,  275.] 

Sec.  4.  Chapter  eighty-two  of  the  statutes  of  eighteen 
hundred  and  eighty-three,  chapter  forty-eight  of  the 
statutes  of  eighteen  hundred  and  ninety-three,  and  chapter 
one  hundred  and  seventy-six  of  the  statutes  of  eighteen 
hundred  and  ninety-five,  all  being  laws  of  the  state  of 
California  in   conflict  herewith,  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  imme- 
diately after  its  passage. 

This  act  repealed  the  act  of  March  15,  1883;  Stats.  18S3,  P.  370, 
and  the  amendatory  acts  of  March  1,  1893,  Stats.  1893,  61,  and  of 
March  27,  1895,  Stats.  1895,  p.  203,  providing  for  the  refunding  of  in- 
debtedness  and   the    Issuing  of    bonds. 


65  BONDS.  Act  i!S3,   §§  1-4 

ACT  383. 

An  act  providing  for  submitting  to  a  vote  of  the  qualified 
electors  of  a  county,  or  city  and  county,  a  proposal  to 
issue  bonds. 

[Approved  March  15,  1883;  1883,  375.] 

Issue  of  bonds  to  be  submitted  to  vote. 

Section  1.  Any  county,  or  city  and  county,  in  which  the 
board  of  supervisors  may  declare  by  resolution  that  the 
income  and  revenue  provided  for  it  for  the  fiscal  year  end- 
ing June  thirtieth,  eighteen  hundred  and  eighty-three,  will 
not  be  sufficient  to  carry  on  the  government  of  such  county, 
or  city  and  county,  until  the  commencement  of  the  fiscal 
year  beginning  July  first,  eighteen  hundred  and  eighty- 
three,  may,  by  resolution  adopted  by  a  majority  of  such 
board,  and  with  the  approval  of  the  presiding  officer  thereof, 
submit  to  a  vote  of  the  qualified  electors  of  such  county, 
or  city  and  county,  a  proposition  to  issue  the  bonds  of 
6uch  couniy,  or  city  and  county,  in  a  sum  not  to  exceed  five 
hundred  thousand  dollars,  in  accordance  with  section  eigh- 
teen of  article  eleven  of  the  constitution  of  the  state  of 
California. 

Supervisors  to  issue  and  negotiate. 

Sec.  2.  The  said  board  of  supervisors  are  granted  full 
power  and  authority  to  provide  by  ordinance  for  the  print- 
ing, signing,  custody,  redemption,  and  issuance  of  all  bonds 
under  the  provisons  of  this  act,  and  for  their  negotiation, 
sale,  or  exchange  for  cash,  or  for  county,  or  city  and  county 
indebtedness;  provided,  that  said  bonds  shall  not  be  sold 
below  par. 

Sinking  fund   created. 

Sec.  3.  Before  any  election  is  held  to  determine  the  ques- 
tion of  the  issuance  of  said  bonds,  the  board  of  super- 
visors may  provide  by  ordinance  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  any  bonds  which 
may  be  issued  uridi  r  the  provisions  of  this  act,  as  said  in- 
terest falls  due,  and  also  to  constitute  a  sinking  fund  to 
pay  the  principal  of  said  bonds  at  a  time  to  be  fixed  by 
said  board  of  supervisors,  nol  tian  twenty  years  from 

the  date  of  the  passage  of  said  ordinance. 

Calling  of  election. 

Sec.    4.     "Whenever    the    said    board    of    supervisors    shall, 
by  resolution,  so   r<  q«<  st,  it  shall  be  the  duty  of  all  officers, 
Gen.  Laws. — 6 


Act  384,  §  §  1-3  BONDS.  6>> 

boards,  and  commissioners,  to  call  an  election  as  herein, 
and  by  said  board  of  supervisors  provided  for,  and  at  the 
time  (which  shall  not  be  less  than  ten  days)  provided  for 
by  said  board  of  supervisors;  and  at  said  election  the  regis- 
ters used  at  the  last  general  or  special  election  shall  be 
used  without  new  registration. 

Sec.  5.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage. 

ACT  384. 

An   act    to   authorize   the   several   counties   of   this   state   to 
create  a  bonded  indebtedness  for  certain  purposes. 

[Approved   March   19,    1889;    1889,   348.] 

Issuance  of  bonds  to  pay  county  indebtedness,  not  created 
by  law,  to  be  submitted  to  a  vote. 
Section  1.  Whenever  it  shall  appear  to  the  satisfaction 
of  the  board  of  supervisors  of  any  county  of  this  state 
that  said  county  is  justly  indebted  to  any  person  or  per- 
sons for  money  received  into  the  treasury  of  said  county, 
and  used  by  said  county,  and  which  said  indebtedness  at 
the  time  of  its  creation  was  not  authorized  by  law,  they 
shall,  by  ordinance,  declare  that  said  county  is  justly  in- 
debted to  the  person  or  persons  named  in  said  ordinance, 
in  a  sum  named  therein,  and  that  the  question  of  issuing 
bonds  in  the  sum  therein  named,  for  the  purpose  of  paying 
said  debt,  shall  be  submitted  to  a  vote  of  the  legal  voters  of 
said  county. 

Notice  of  election. 

Sec.  2.  The  supervisors  of  said  county  shall  thereupon 
publish  a  notice  calling  an  election  to  be  held  in  said  coun- 
ty, submitting  to  the  voters  of  said  county  the  question 
whether  said  bonds  shall  be  issued  or  not.  The  notice 
shall  state  the  amount  of  bonds  to  be  issued,  ttie  purpose 
for  which  they  are  issued;  said  notice  shall  be  published, 
and  the  election  held  as  provided  by  section  thirty-seven 
of  an  act  of  the  legislature  of  the  state  of  California,  en- 
titled ' '  An  act  to  establish  a  uniform  system  of  county 
and  township  governments,"  approved  March  fourteenth, 
eighteen  hundred  and  eighty-three. 

Return. 

Sec.  3.  If  upon  return  of  the  election  it  shall  appear  that 
two-thirds   of    all    the    voters    voting   at    such   election    have 


G7  BONDS.  Act  SS5,  §  1 

voted  in  favor  of  issuing  said  bonds,  the  supervisors  are 
required  to  issue  bonds  in  the  sum  named  in  the  notice  of 
flection,  payable  to  the  creditors  named  in  said  ordinance; 
said  bonds  shall  bear  interest  at  the  rate  of  five  per  cent 
per  annum,  and  shall  be  payable  at  such  time  as  the  board 
of  supervisors  shall  order,  not  exceeding  twenty  yrars  from 
date.  They  shall  be  signed  by  the  chairman  of  the  board 
of  supervisors  and  county  clerk. 

Tax  levy  to  pay  interest. 

Sec.  4.  It  shall  be  the  duty  of  the  board  of  supervisors 
each  year  to  levy  a  tax  sufficient  to  pay  the  annual  interest 
on  said  bonds,  and  to  pay  the  principal  as  the  same  shall 
become    due. 

This  act  is  to  take  effect  from  and  after  its  passage. 

ACT    385. 

An  act  providing  for  the  destruction  of  municipal  bonds  of 
municipal  corporations  where  the  same  have  been  exe- 
cuted  and  remain  unsold. 

[Approved   February   26,   1S97;    Stats.    1897,   34.] 

Section  1.  Whenever  there  remain  in  the  possession  of 
any  municipal  corporations  in  this  state  any  bonds  voted 
to  be  issued  for  municipal  purposes,  which  have  been  exe- 
cuted but  not  sold  and  disposed  of,  and  the  sale  and  dis- 
posal of  such  bonds  shall  be  deemed  by  the  board  of  trus- 
tees or  other  governing  board  of  such  city  to  have  become 
impossible  or  inexpedient,  and  that  their  destruction  is 
desirable,  it  shall  be  lawful  for  said  board  to  give  public 
notice  of  its  intention  publicly  to  destroy  such  bonds  by 
a  notice  published  for  four  successive  weeks  in  the  official 
newspaper  of  said  city,  if  there  be  such  a  paper,  and  oth- 
erwise, in  any  newspaper  published  and  circulated  in  said 
city  which  may  be  designated  by  said  board;  such  notice 
shall  specify  the  time  and  place  of  such  intended  destruc- 
tion, and  the  reason  alleged  therefor,  together  with  a  gen- 
eral description  of  the  character  and  amount  of  said  bonds. 
And  it  shall  be  lawful  for  said  board,  at  the  time  and  place 
and  in  accordance  with  the  terms  of  said  notice,  publicly  to 
destroy  said  bonds  unless  at  least  three  days  prior  to  said 
time,  written  objections  to  such  destruction  shall  be  filed 
with  the  clerk  of  said  sity,  signed  by  a  majority  of  the  legal 
voters  of  said  city  as  appears  by  the  vote  cast  at  the  last 
preceding  general  municipal  election. 


Act  386,  J  1  BONDS.  C8 

Sec.  2.  No  further  or  other  issue  of  bonds  in  place  of 
those  thus  destroyer!  shall  be  made  by  such  city,  or  its 
board  of  trustees,  or  other  governing  board,  unless  again 
authorized  by  a  vote  of  the  people  as  provided  by  law. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and   after   its   passage. 

ACT  386. 

An  act  to  authorize  municipal  corporations  to  declare  all 
or  any  of  their  bonded  indebtedness  to  be  at  once  due 
and   payable,   to   compromise   such   bonded    indebtedness 

and  to  consent  to  a  judgment  in  favor  of  the  holders  of 
the  same. 

[Approved  March  1G,  1903;  Stats.  1903,  164.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  any  incorporated  city  or  town  in 
this  state  has  an  outstanding  indebtedness  evidenced  by  the 
bonds  tin  r<  of  the  common  council,  board  of  trustees  or 
other  governing  bod}'  thereof,  shall  have  the  power  to  sub- 
mit to  the  qualified  eh  ctors  of  such  city  or  town  at  any 
election  to  be  held  for  that  purpose,  the  question  of  de- 
claring all  or  any  of  such  bonds  to  be  at  once  due  and  pay- 
able, of  compromising  such  bonded  indebtedness,  of  consent- 
ing to  a  judgment  in  favor  of  the  holders  of  such  bonds, 
and  of  providing  for  the  payment  of  such  judgment  in  in- 
stallm 

Said  ejection  si  ill  be  called  and  held  in  the  same  man- 
ner in  which  other  elections  are  held  in  such  city  or  town. 
T'he  notice  of  such  election  shall  specify  tne  bonded  in- 
debtedness which  it  is  proposed  to  declare  at  onee  due  and 
payable,  the  terms  of  the  proposed  compromise  of  the  same, 
ot  the  propositi  judgment  by  consent  in  favor  of  the  holders 
of  such  bonds,  and  the  proposed  method  of  paying  such 
judgment  in  installmi  nts. 

question  shall  be  voted  upon  as  an  entirety.  If  at 
such  election  two  thirds  of  the  qualified  electors  vote  in 
favor  of  the  question  submitted,  the  said  common  council, 
board  of  trustees  or  other  gov<  ruing  body  shall,  by  ordi- 
nance, declare  the  bonds  described  in  said  notice  of  ejec 
tion,  to  be  at  once  due  and  payable  and  thereupon  shall 
be  authorized  to  carry  into  effect  the  compromise  and  to 
consent    to    the    judgmei  Bed    in    such    notice   of    elec- 

tion,   and    to    the    proposed    method    of    paying    the    same    in 
installments,  and  io  designate  by  resolution  the  officers  and 


63  BONDS.  Act  387,   §  1 

attorneys  who  shall  sign  the  necessary  documents,  and  to 
provide  for  the  collection  of  an  annual  tax,  sufficient  to 
pay  the  interest  on  such  judgment  as  it  falls  due,  and  such 
a  proportion  of  the  principal  thereof  as  is  designated  in 
such  notice  of  election. 

Sec.  2.  No  proceeding  under  section  one  hereof  shall 
affect  the  rights  of  any  non-consenting  holder  of  any  bond 
or  bonds  specified  in  the  notice  of  election. 

Sec.  3.  In  any  action  brought  upon  any  of  the  bonds 
described  in  the  notice  of  election,  the  judgment  of  any 
court  of  competent  jurisdiction  in  such  action,  shall  be  con- 
clusive as  to  the  regularity  of  all  proceedings  taken  under 
the   provisions  of  section  one  of  this  act. 

Sec.  4.  Whenever  any  action  is  brought  upon  any  of  the 
bonds  described  in  the  notice  of  election,  the  plaintiff  shall 
be  required  to  deposit  in  the  court  iu  which  such  action 
is  brought,  the  bonds  upon  which  he  sues  and  when  the 
judgment  of  such  court,  rendered  in  accordance  with  the 
terms  of  the  proposed  compromise  described  in  such  notice 
of  election,  becomes  final,  the  bonds  sued  upon  shall  be  de- 
livered to  the  treasurer  of  the  city  or  town  against  which 
such  judgment  is  rendered,  to  be  held  by  him  and  his  suc- 
cessors in  office  until  such  judgment  shall  have  been  satis- 
fied in  full.  If  for  any  reason  such  judgment  should  be 
reversed  or  set  aside  or  any  orders  or  writs  thereunder 
should  be  disobeyed  by  the  defendant  or  its  officers,  it  shall 
be  the  duty  of  such  treasurer  to  return  such  bonds  to  the 
plaintiff  who  thereupon  may  at  his  own  option  be  rele- 
gated to  all  the  rights  which  he  held  and  enjoyed  under 
such  bonds,  crediting,  however,  on  such  rights,  all  amounts 
already  received  on  such  judgment.  The  performance  of 
the  duty  imposed  herein  upon  such  treasurer  may  be  en- 
forced by  the  court  in  which  such  judgment  is  rendered. 

Sec.  5.  All  acts  or  parts  of  acts  conflicting  with  this  act 
are  hereby  repealed. 

Sec.  6.     This  act  shall  take  effect  immediately. 

ACT  387. 

An  act  in  relation  to  municipal  bonds. 

[Approved  February  28,  1903;   Stats.  1903,  61.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,   do   enact   as  follows: 
Section    1.     Whenever    the    owner    of    any    coupon    bond, 
or  of   any  bond   payable   to   bearer,   already   issued   or   here- 


Act  387,  §§  1,  2  BONDS.  70 

aftrr  issued  by  any  municipnl  corporation  now  or  hero- 
after  existing  in  this  state,  shall  present  any  such  bond 
to  the  treasurer  or  other  officer  of  such  corporation,  who 
by  lnw  performs  the  duties  of  treasurer,  with  a  request  for 
the  conversion  of  such  bond  into  a  registered  bond,  such 
treasurer,  or  such  other  officer,  shall  cut  off  ami  cancel 
the  coupons  of  any  such  coupon  bond  so  presented,  and 
shall  stamp,  print,  or  write  upon  such  coupon  bond,  or 
such  othex  bond  payable  to  bearer,  so  presented,  either 
upon  the  back  or  upon  the  face  thereof,  as  may  be  con- 
venient, a  statement  to  the  effect  that  the  said  bond  is 
registered  in  the  name  of  the  owner,  and  that  thereafter 
the  interest  and  principal  of  said  bond  are  payable  to 
the  registered  owner.  Thereafter,  and  from  time  to  time 
any  such  bond  may  be  transferred  by  such  registered  owner 
in  person,  or  by  attorney  duly  authorized  on  presentation 
of  such  bond  to  such  treasurer,  or  such  other  officer,  and 
the  bond  be  against  registered  as  before,  a  similar  state- 
ment being  stamped,  printed,  or  written  thereon.  Such 
statement  stamped,  printed,  or  written  upon  any  such  bond 
may  be   in   substantially   the   following  form: 

(Pate,    giving    month,    year,    and    day.) 
This   bond    is   registered    pursuant    to    the    statute    in    such 

cases   made    and    provided    in    the    name    of  (here 

insert  name  of  owner)  and  the  interest  and  principal  thereof 
are  hereafter  payable  to  such  owner. 


Treasurer    (or    such    other    officer). 

After  anv  bond  shall  have  been  registered  as  aforesaid, 
the  principal  and  interest  of  sueh  bond  shall  be  payable 
to  the  registered  owner.  Such  treasurer,  or  such  other  offi- 
cer, shall  keep  in  his  office  a  book  or  books  which  shall  at 
all  times  show  what  bonds  are  registered  and  in  whose 
names  respectively. 

Sec.  2.  Whenever  under  any  statute  of  this  state  or  any 
charter  of  any  municipal  corporation  in  this  state,  any 
bonds  are  issued,  whether  the  proceedings  for  the  issuance 
of  such  bonds  have  been  had  in  whole  or  in  part  prior  to 
the  enactment  of  this  statute,  or  whether  the  same  have 
been  had  in  whole  or  in  part  after  the  enactment  of  this 
statute,  such  bonds  may  be  issued  either  in  the  form  of 
coupon  bonds,  or  in  the  form  of  registered  bonds,  or  some 
in  the  form  of  coupon  bonds,  and  some  in  the  form  of  rog- 
Lst<  red  bonds,  as  has  been  or  hereafter  may  be  provided 
in  the  proceedings  for  the  issuance  of  such  bonds,  .ind 
notwithstanding   any   language   or  provision   to   the   contrary 


71  BOOMS— BRANCXFORTE.  Acts  392-408 

contained  in  any  such  statute  or  charter  authorizing  tfte 
issuance  of  the  bonds,  or  in  any  other  law  of  the  state. 
The  provisions  of  section  one  of  this  act  shall  apply  to 
coupon  bonds,  so  issued,  as  well  as  to  other  coupon  bonds, 
or  other  bonds  payable  to  bearer. 

Sec.  3.     This  act  shall  take  effect  immediately. 


TITLE  54. 

BOOMS. 
ACT  392. 

Authorizing   boards   of   supervisors   to    grant   franchises   for 
constructing  booms.      [Stats.   1881,  p.   25.] 
Superseded    by    suM.    35,    sec.    25,    County    Government    Act,    181*7, 
466.     Repealed   1901,    265. 


TITLE  55. 

BOUNDARIES  OF  STATE. 
ACT  397. 

To    provide    for*  the    correction    and    establishment    of    the 
eastern  boundary  of  the  state.     [Stats.  1889,  p.  38.] 
Perhaps  obsolete,   for  it  provided   the  work  was  to  be  done  In  one 

year. 

ACT  398. 

To  define  and  establish  a  portion  of  the  eastern  boundary 
of  the  state  of  California.  [Became  a  law  under  con- 
stitutional provision  without  governor's  approval,  March 
1,   1901.     Stats.  1901,  p.  89.] 


TITLE  56. 

BOUNTIES. 
ACT  403. 

Fixing   a   bounty   on    coyote   scalps.     [Stats.    1891,    p.    280.] 
Repealed  1895,    1. 
Cal.    Rep.    Cit.     106,    116;     106,    120;     106,    125. 


TITLE  57. 

BRANCIFORTE. 
ACT   408. 

To  settle  land  titles  in  the  town  of  Branciforte,  Santa  Cruz 
County.      [Stats.    1863-4,    p.    443:] 


Acts  413-419  BRAZOS   DEL  RIO— BRIDGES.  B 

TITLE  58. 
BRAZOS    DEL    RIO. 
ACT  413. 

Changing  the  name  of  the  town  of  Brazos  del  Rio  in  Solano 
County  to  Rio  Vista.     [Stats.  1861,  p.  12.] 


TITLE  59. 
BRIDGES. 
ACT  418. 

Authorizing  cities  to  maintain  drawbridges  across  naviga- 
ble streams  flowing  through  or  penetrating  the  bound- 
aries of  such   cities.     [Stats.    1883,   p.   295. J 

ACT  419. 

An    act    concerning    bridges    across    navigable    streams. 
[Approved   February   25,   1897;   Stats.   1897,   21.] 

Section  1.  The  board  of  supervisors  of  any  county  in 
this  state  now  controlling  or  maintaining,  by  virtue  of 
any  statute,  any  bridge  across  any  navigable  stream 
wholly  or  in  part  within  the  boundary  lines  of  any  muni- 
cipal corporation,  is  hereby  authorized  and  empowered, 
whenever  it  may  become  necessary,  in  the  interest  of 
commerce  or  by  reason  of  any  such  bridge  being  out  of 
repair,  to  reconstruct  and  rebuild  any  part  of  such  bridge, 
or  replace  said  bridge  by  a  new  structure,  or  with  the 
consent  of  the  governing  bodi<  s  of  such  municipalities 
change  the  location  of  such  bridge  to  such  place  on  such 
stream  as  may  be  better  suited  to  its  use,  or  to  the  use 
of  such  navigable  stream;  and  the  board  of  supervisors 
of  any  county  is  hereby  authorized  to  abandon  any  such 
existing  bridge  and  rebuild  a  new  bridge  at  such  char 
location,  and  the  board  of  supervisors  of  any  such  county 
so  rebuilding  and  reconstructing  said  bridge  may  enter 
into  an  agreement  with  any  person  or  corporation,  now 
maintaining  any  bridge  across  any  such  navigable  stream, 
tor  the  building  of  a  joint  bridge  for  the  purpose  of  pre- 
venting the  impeding  of  commerce  on  such  navigable 
streams,  and  of  apportioning  the  expense  between  caid 
county  and  said  person  or  any  corporation,  in  such  man- 
ner as  may  be  agre<  d  upon  between  said  county  and  said 
person,  or  corporation. 

Sec.  2.     The   expense  of  said  reconstruction,  or  the  build- 
ing of  a  new  bridge,   to   be   payable   out   of   the   same   fund 


73  BRIDGES.  Act  420,  §§  1-4 

as  is  now  provided  by  law  for  the  maintenance  and  re- 
pair of  any  such  bridge;  provided,  that  in  case  said  county 
should  make  such  agreement  with  said  person  or  corpora- 
tion for  the  building  of  any  joint  bridge,  that  only  the 
county  'b  portion  of  said  joint  bridge,  as  may  be  settled 
by  said  agreement,  shall  be  paid  from  the  said  funds;  and, 
provided,  that  in  no  event  shall  the  county  pay  more  than 
one-half  the  cost  of  construction,  repair  or  reconstruction 
of   any  such  joint   bridge. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  from  and  after  its 
passage. 

ACT  420. 

An  act  to  provide  for  bridges  across  navigable  streams, 
and  across  estuaries,  ponds,  swamps,  or  arms  of 
bayr.  that  may  be  outside  of  the  line  of  navigable 
waters. 

[Approved  March  14,  1881;  Stats.   1881,  76.] 

Power  of  supervisors  to  erect  bridges. 

Section  1.  The  power  to  erect  bridges  on  public  high- 
ways acioss  navigable  streams  in  this  state,  or  to  grant 
franchises  to  individuals,  or  corporations  for  the  same, 
is  hereby  granted  to  the  boards  of  supervisors  of  the 
several  counties  of  the  state,  under  the  restrictions  of  this 
act. 

Regulation  of  tolls,  by  whom  exercised. 

Sec.  2.  The  power  to  grant  franchises  to  individuals  or 
corporations  to  construct  bridges,  and  the  regulation  of 
tolls  thereon,  shall  be  exercised  by  the  county  on  the  left 
bank   of   all    streams. 

Supervisors   may  join   between   counties. 

Sec.  3.  Where  a  navigable  stream  is  the  boundary  line 
between  the  counties,  the  boards  of  supervisors  of  such 
counties  may  join  in  the  construction  of  a  brielge,  upon 
such  toims  as  may  be  agreed  upon;  provided,  however, 
that  in  case  of  a  failure  to  agree,  either  county  may  build 
the    bridge    and    maintain    control    thereof. 

Notif7  state  engineer. 

Sec.  4.  Whenever  the  supervisors  of  any  county  or  coun- 
ties   desire    to    erect    a   bridge    on    any    public    highway,    or 


Act  420,  §§5-7  BRIDGES.  li 

to  grant  the  privilege  so  to  do  to  any  individual  or  cor- 
porator, across  a  navigable  stream,  under  the  provisions 
of  this  act,  said  board,  or  boards  shall  notify  the  state 
engineer  of  such  purpose,  and  of  the  precise  point  where 
such  bridge  is  proposed  to  be  located.  The  state  engineer 
shall,  within  ten  days  of  the  receipt  of  such  notice,  desig- 
nate the  width  of  the  draw  to  be  made  in  such  bridge, 
and  also  the  iength  of  the  spans  necessary  to  permit  the 
free   flow  of  water.  » 

Hearing  before  state  engineer. 

See.  5.  The  communication  from  the  state  engineer,  fix- 
ing the  draw  and  spans,  shall  be  spread  upon  the 
minutes  of  the  board,  and  any  brielge  constructed  at  that 
point  shall  be  in  conformity  therewith;  provided,  how- 
ever, that  the  state  engineer  may,  upon  hearing  before 
him,  had  upon  the  application  of  any  person  or  body 
interested,  made  within  ten  days  after  the  receipt  by 
said  board  of  supervisors  of  said  communication  of  said 
engineer,  change  his  first  plans,  in  which  case  thf>  modi- 
fied plans  must  be  so  spread  upon  the  minutes,  and  shall 
stand  in  the  place  of  the  original;  provided,  however,  that 
before  such  hearing  is  had,  the  said  engineer  must  give 
ten  nays'  notice  by  publication  in  some  newspaper  pub- 
lished in  the  county  or  counties  from  which  the  appli- 
cation came,  of  the  time  and  place  of  the  hearing. 
Surveyor-general,  when  may  act. 

Sec.  6.     In  case  of  the   absence  or  inability  of  the  state 
engineer  to   act,  the   duties   devolving  upon  him   under   this 
act   shall   be   performed   by    the   state   surveyor-general. 
Hates  of  toll,  by  whom  fixed. 

Sec.  7.  When  a  bridge  shall  be  built  on  a  navigable 
stream  by  one  county,  or  two  counties,  it  may  be  abso- 
lutely free,  or  tolls  sufficient  to  pay  in  whole,  or  in  part, 
for  the  construction,  and  to  keep  up  the  repairs  and  ex- 
penses thereof,  may  be  charged;  the  rate  to  be  fixed  by 
the  board  of  supervisors  of  the  county  in  which  the  same 
is  located,  or,  if  located  in  two  counties,  then  by  the 
boards  of  supervisors  of  the  two  counties;  or  if  there  be 
any  disagreement  between  said  boards,  as  to  imposing 
or  removing  tolls,  or  the  rate,  the  matter  in  dispute  shall 
be  referred  to  the  board  of  supervisors  of  some  neighbor- 
ing county  for  determination,  and  its  decision,  communi- 
cated in  writing  to  the  clerks  of  the  said  boards  respectively, 
shall  be  final;  and  if  tolls  are  fixed  or  removed  thereby, 
the  same  shall  take  effect  on  the  tenth  day  from  the  date 
of  such  written   determination. 


74a  BUILDING    AND    LOAN    ASSOCIATIONS.        Acts  425-423 

Supervisors    to    declare    necessity    for   building    bridges. 

See.  8.  The  board  of  supervisors,  or  other  governing 
body  of  any  city  and  county,  or  county,  in  this  state,  shall 
have  power  to  declare  that  it  is  necessary  for  the  public 
convenience  to  have  a  bridge  or  bridges  built  across  any 
estuary,  swamp,  pond,  or  arm  of  a  bay  that  may  lie  or 
extend  into  the  county,  or  city  and  county,  and  prescribe 
the  points  between  which  said  bridge  or  bridges  shall 
be  built,  and  when  they  shall  have  specified  the  points 
between  which  it  is,  in  their  judgment,  necessary  to  build 
the  said  bridge  or  bridges,  they  may  let  contracts  to  build 
the  bridges,  as  aforesaid,  and  pay  for  the  same  out  of  the 
general  fund  of  the  city  and  county,  or  county. 

Sec.  9.     This    act    shall    take    effeet    immediately. 


TITLE  60. 

BROOKLYN. 
ACT  425. 

Incorporating    Brooklyn.     [Stats.    1869-70,    p.    680.] 

Amended    1871-2,    409. 

Brooklyn   Is  now  a   part   of  Oakland. 


TITLE  61. 

BUILDING   AND   LOAN   ASSOCIATIONS. 

ACT  429. 

An  act  creating  a  bureau  of  building  and  loan  supervision; 
providing  for  the  appointment  of  administration  officials 
therefor  to  be  known  as  the  building  and  loan  commis- 
sioners; prescribing  their  duties,  powers  and  compensa- 
tion; providing  for  a  secretary,  his  powers  and  compen- 
eation;  providing  for  the  rental  of  offices  for  the  use  of 
the  bureau  and  for  traveling  and  office  expenses;  pro- 
viding a  system  for  licensing  building  and  loan  and 
other  associations,  and.  for  assessing  and  collecting  the 
license  fees  necessary  to  meet  the  salaries  and  other 
expenses;  providing  a  course  of  procedure  where  viola- 
tions of  law,  or  unsafe  practices  are  found  to  exist,  or  are 
n-ported  by  the  commissioners  to  the  attorney-general ; 
providing  for  involuntary  liquidation  by  trustees,  and 
pjoceedings  in  connection  therewith;  providing  for  ex- 
emption of  property  of  associations  in  liquidation  from 
attachments,  executions  and  liens,  pending  liquidation; 
providing  for   and  requiring   associations   to   procure   li- 


Act  420,  §§  1-3    BUILDING    AND    LOAN    ASSOCIATIONS.  ?4> 

censes,  pay  assessments  levied  for  pro  rata  of  salaries 
and  expenses,  and  to  make  and  file  reports;  providing 
penalties  for  violations  of  law  and  orders  of  the  com- 
missioners; providing  for  succession  in  offiee,  and  re- 
pealing all  acts  and  parts  of  acts  in  conflict  herewith. 

[Approved  March  81,  1905*  Stats.  1905,  G59.] 
Section  1.  There  is  hereby  created  a  bureau,  to  be  known 
and  designated  as  the  "Bureau  of  Building  and  Loan  Super- 
vision," with  powers  of  supervision,  examination  and  license 
of  all  building  and  loan  associations,  mutual  loan  associa- 
tions, co-operative  home  associations,  and  all  other  cor- 
porations, associations  and  societies,  whenever,  wherever  and 
however  formed,  which,  in  the  judgment- of  the  administra- 
tion of  said  bureau,  are  based,  or  are  operating  on  plans  or 
methods  similar  to  building  and  loan  associations  as  de- 
fined in  section  6-18  of  the  Civil  Code;  it  is  also  charged  with 
the  enforcement  of  all  laws  designed  for  the  formation,  gov- 
ernment or  operation,  in  this  state,  of  any  such  association, 
corporation    or   society. 

Sec.  2.  The  administration  of  said  bureau  shall  be  vested 
in  two  commissioners,  to  be  known  and  designated  as  the 
"Building  and  Loan  Commissioners,"  who  shall  be  ap- 
pointed by  the  governor  (except  as  herein  provided)  and 
commissioned  to  hold  office  for  the  term  of  four  years  and 
until  their  successors  shall  be  appointed  and  have  qualified. 
They  must  be  citizens  of  this  state  and  residents  of  differ- 
ent counties";  and  they  must  not^be  in  any  way  connected 
with  any  association,  corporation  or  society  coming  under 
their  supervision.  They  shall  be  authorized  and  empowered 
to  appoint  a  secretary,  with  powers  of  examination  the 
same  as  their  own,  who  must  be  a  practical,  skilled  account- 
ant, fully   conversant   with   building   and   loan   accounts. 

Sec.  3.  The  commissioners  shall  each  receive  a  salary  of 
twenty-four  hundred  dollars  per  annum,  and  their  secretary 
shall  receive  a  salary  of  not  exceeding  eighteen  hundred  dol- 
lars per  annum.  There  shall  also  be  allowed  and  paid  the 
necessary  traveling  expenses  of  the  commissioners  and  their 
secretary,  not  to  exceed  the  sum  of  eight  hundred  dollars 
per  annum.  The  commissioners  shall  procure  and  have  an 
office  in  the  city  of  San  Francisc  >.  for  which  there  shall  be 
allowed  and  paid  a  rental  of  not  exceeding  fifty  dollars  per 
month,  and  such  office  shall  he  kept  open  for  business,  every 
business  day,  during  such  hours  as  are  commonly  observed 
by  the  banks  of  that  city  as  banking  hours;  they  may  also 
provide   such   fuel,   stationery,   printing,    postage,   office   help 


74c  BUILDING   AND    LOAN    ASSOCIATIONS.     Act  423,   §]j   M 

and  other  necessary  conveniences  as  may  be  requisite  in 
such  office,  at  a  cost  not  to  exceed,  in  the  aggregate,  the  sum 
of  five  hundred  dollars  per  annum.  All  said  salaries  and 
expenses  shall  be  audited  and  paid  in  the  same  manner  as 
the  salaries  and  expenses  of  other  state  officers. 

Sec.  4.  Before  entering  upon  their  respective  duties  the 
commissioners  must  each  execute  an  official  bond  in  the  sum 
of  five  thousand  dollars  and  the  secretary  a  like  bond  in  the 
sum  of  two  thousand  dollars,  and  each  must  take  the  oath 
of  office  as  prescribed  by  the  Political  Code  for  state  officers 
in   general. 

Sec.  5.  It  shall  be  the  duty  of  the  commissioners  to  fur- 
nish to  all  associations,  corporations  or  societies,  which,  in 
their  judgment,  legally  come  under  their  jurisdiction,  and 
that  have  otherwise  complied  with  the  requirements  of 
law,  a  license  authorizing  them  to  transact  business  for 
one  year  from  the  date  of  said  license;  to  receive  and  place 
on  file  in  their  office  the  annual  or  other  reports  required  by 
law  to  be  made  by  building  and  loan  associations  or  other 
corporations  or  societies  licensed  by  them;  to  supply  each 
with  blank  forms  for  such  statements;  and  to  make,  on  or 
before  the  first  day  of  October  in  each  year,  a  tabulated  re- 
port to  the  governor  of  this  state,  showing  the  condition 
of  all  such  associations,  corporations  or  societies  reporting 
to  them,  with  such  recommendation  as  they  may  deem  proper, 
accomp'anied  by  a  detailed  statement  of  all  moneys  re- 
ceived by  them  since  their  last  report,  and  the  disposition 
thereof. 

Sec.  6.  It  shall  be  the  duty  of  one  or  both  of  the  com- 
missioners, in  'person,  at  least  once  in  each  year,  without 
previous  notice,  to  visit  and  examine  into  tne  affairs  of 
every  such  association,  corporation  or  society  licensed  by 
them,  incorporated  or  doing  business  in  this  state;  on  such 
occasions,  they  shall  have  free  aceess  to  all  the  books,  rec- 
ords, securities  and  papers  of  every  such  association,  cor- 
poration or  society,  and  shall  first  count  the  cash  and  check 
the  bank  balance  of  such  corporation  or  association  with 
the  proper  amount  of  funds  as  shown  by  the  books  to  be  en 
hand  and  at  the  date  and  hour  of  such  examination,  and 
shall  then  examine  and  verify  the  books,  accounts,  and  se- 
curities, and,  so  far  as  possible  and  consistent,  the  values  of 
all  property  owned  or  held  as  collateral  security  for  moneys 
loaned,  and  otherwise  use  reasonable  diligence  to  ascertain 
the  financial  condition  and  solvency  thereof.  They  anel 
their  secretary  shall  have  power  to  administer  oaths  in  the 
line    of   duty,   and   to   examine    under   oath    the   officers,   em- 


Act  429.  fi§  7.  S     BflLDING    AND    LOAN    ASSOCIATIONS.  »44 

ployees  and  agents,  or  the  custodian  or  receiver,  relative  to 
any  or  all  the  business  thereof.  The  commissioners  or  their 
secretary  or  representative  shall  receive  for  any  examimv 
tion  into  the  books  and  affairs  of  any  such  association,  cor- 
poration or  society  formed  outside  of  the  State  of  Califor- 
nia and  applying  for  a  license  to  do  business  in  this  state, 
their  reasonable  expenses,  which  shall  be  paid  by  the  as- 
sociation, corporation  or  society  so  examined;  provided,  that 
they  may  accept  the  result  of  any  such  examination  made 
by  the  duly  constituted  authorities  of  any  state  having 
similar  laws   of  supervision. 

Sffc.  7.  To  facilitate  the  examinations  specified  in  the 
foregoing  section,  they  shall  require  every  such  association, 
corporation  or  society  to  keep  its  books  in  such  form  as  to 
accurately  show  its  assets  and  liabilities  in  detail  and  to 
keep  records  written  in  ink,  showing  the  appraised  and  as- 
sessed values  of  the  real  estate  security  held  in  connection 
with  each  loan,  and  signed  in  each  case  by  the  appraise  r, 
officer  or  committee  charged  with  making  such  estimated 
valuations.  The  commissioners  shall  make  a  revaluation  of 
the  real  estate  owned,  and  of  the  other  securities  of  any 
such  association,  corporation  or  society  licensed  by  them, 
on  which  the  loan  payments  may  be  delinquent  for  six 
months  or  more,  and  may,  for  that  purpose,  appoint  local 
appraisers,  who  shall  be  disinterested  persons,  at  t  the  ex- 
pense  of  such  association,  corporation  or  society;  the  ex- 
pense of  such  appraisement  to  be  fixed  by  the  commission- 
ers, but  not  to  exceed  the  sum  of  five  dollars  for  property 
located  outside  of  any  incorporated  limits  and  three  dollars 
for  property  located  inside  of  any  incorporated  limits  for 
each  property  so  examined  and  appraised.  Each  appraiser 
so  appointed  shall  be  required  to  make  a  sworn  report  to 
the  commissioners  of  his  estimated  valuations  of  all  prop- 
erty so  examined  and  appraised. 

Sec.  8.  The  commissioners  shall  have  power  to  Issue  sub- 
poenas and  require  attendance  of  any  or  all  trusters,  or 
agents  of  any  such  association,  corporation  or  soei<  ty,  and 
such  other  witnesses  as  they  may  deem  necessary,  In  rela- 
tion to  its  affairs,  transactions  and  condition,  and  any-  such 
person  so  served  with  such  subpoena  may  upon  application 
of  the  commissioner  be  required  by  order  ef  the  superior 
court  of  the  county  where  the  corporation,  association  or 
society  has  its  principal  place  ef  business,  to  a;>r»ear  and 
answer  such  pertinent  questions  as  may  be  put  Lo  him  by 
such  commissioner  and  be  required  to  produoe  such  books, 


74e  BUILDING   AND   LOAN   ASSOCIATIONS.  Act  429,  §  9 

papers  or  documents  in  his  possession  as  may  be  required  by 
such  commissioner. 

Sec.  9.  If  the  commissioners,  upon  any  examination,  or 
from  any  report  made  to  them  or  to  the  shareholders,  shall 
find  that  any  association,  corporation  or  society  licensed  by 
them,  is  violating  the  provisions  of  its  charter  or  of  the  laws 
of  this  state  provided  for  its  government,  or  is  conducting 
its  business  in  an  unsafe  or  unauthorized  manner,  they  may, 
by  an  order,  addressed  to  the  association,  corporation  or 
society  so  offending,  direct  a  discontinuance  of  such  viola- 
tions or  unsafe  practices  and  a  conformity  with  all  the  re- 
quirements of  law;  and  if  such  association,  corporation  or 
society  shall  refuse  or  neglect  to  comply  with  such  order 
within  the  time  specified  therein;  or  if  it  shall  appear  to  the 
commissioners,  in  their  opinion,  that  any  such  association, 
corporation  or  society  is  in  an  unsafe  condition,  or  is  con- 
ducting its  business  in  an  unsafe  manner,  such  as  to  render 
its  further  proceeding  hazardous  to  the  public  or  to  those 
having  funds  in  its  custody,  they  shall  notify  the  attorney- 
general  of  such  facts  and  furnish  him  with  a  statemeut 
showing  its  condition,  as  the  same  may  have  been  found 
to  exist;  at  the  same  time  they  shall  notify  the  officers  nf 
such  association,  corporation  or  society  of  the  fact  of  su«rh 
report  having  been  made  and  direct  them  to  cease  the  trans- 
action of  any  new  business,  and  to  hold  all  moneys,  securi- 
ties and  property  intact,  pending  the  action  of  the  attorney- 
general  on  such  report.  The  attorney-general  shall  there- 
upon apply  to  the  superior  court,  of  the  county  in  which 
such  association,  corporation  or  society  has  its  principal 
place  of  business,  to  issue  an  injunction  restraining  it,  in 
whole  or  in  part,  from  further  proceeding  with  its  business 
until  a  hearing  can  be  had.  Such  court  may,  in  such  ap- 
plication, issue  such  injunction,  and  after  a  full  hearing, 
may  dissolve  or  modify  it,  or  make  it  perpetual,  and  may 
make  such  orders  and  decrees  according  to  the  course  of 
proceedings  in  equity,  to  restrain  or  prohibit  the  further 
prosecution  of  business  by  such  association,  corporation 
or  society,  as  may  be  needful  in  the  premises;  and  may 
appoint  one  or  more  receivers  to  take  possession  of  its 
property  and  effects,  subject  to  such  directions  as  may 
from  time  to  time  be  prescribed  by  the  court;  or  it 
may,  by  its  decree,  order  and  direct  that,  in  lieu  of 
the  appointment  of  a  receiver,  the  business  and  af- 
fairs be  liquidated  by  a  board  of  trustees  equal  in  number 
to  the  board  of  directors,  to  be  elected  by  the  shareholders, 
at  a  meeting  thereof,  to  be  called  for  such  purpose  and  held 


Act  429,  §§  10-12    BUILDING    AND    LOAN    ASSOCIATIONS.  T4t 

within  two  weeks  from  and  after  the  first  Monday  succeed- 
ing the  date  of  such  order  and  decree;  such  meeting  to  be 
called  and  held  on  the  order  of  the  commissioners,  one  of 
whom  shall  bo  present  and  preside  until  such  election  shall 
be  had;  whereupon  he  shall  report  the  result  to  the  proper 
court,  and  thereupon  the  term  of  office  of  the  existing  board 
of  directors  and  of  all  the  officers  shall  cease  and  determine. 
Such  board  of  trustees,  when  so  elected,  shall  at  once  as- 
sume office  and  have  possession  and  control  of  all  the  prop- 
erty and  assets  for  the  purpose  of  liquidation;  and  such 
liquidation  shall  be  conduct)  d  by  such  board  under  the  su- 
nn of  the  commissioners,  who  shall  have  full  power 
to  limit  the  time  within  which  it  shall  be  accomplished, 
and  to  limit  tin-  number  of  employees  and  the  salaries  and 
expenses  that  shall  be  allowed  and  paid.  The  issuance  of 
an  injunction,  in  the  manner  herein  provided,  shall  operate 
to  dissolve  or  stay  any  and  all  attachments  or  executions 
initiated  or  h  vie  1  within  thirty  days  next  preceding  the 
date  of  notification  of  the  attorney-general  by  the  commis- 
sioners; and,  pending  the  process  of  liquidatiou  as  ordered 
ny  the  court,  no  attachment  or  execution  shall  be  levied, 
nor  lien  created,  upon  any  of  the  property  of  such  associa- 
tion, corporation  or  society. 

Id.     Whenever  a  receiver  or  receivers  are  appointed, 
<?r  tru--  ted   in   lieu   thereof,   the   commissioners  shall 

require  the  preside  ut  and  secretary  of  such  association,  cor- 
poration or  sochty  to,  and  such  officers  shall,  make  a  sched- 
ule of  ali  Its  property  and  make  oath  that  such  schedule 
sits  forth  all  the  property  which  such  association,  corpora- 
tion or  society  owns  or  is  entitled  to,  and  deliver  said  sched- 
ule and  possession  of  the  property  to  the  receivers  or  to  the 
trustees,  and  a  copy  of  such  schedule  to  the  commissioners, 
who  may  at  any  time  examine  under  oath  such  president  and 
ny,  or  other  officers,  to  determine  whether  or  not  all 
the  property  which  such  association,  corporation  or  society 
owns,  or  is  entitled  to,  has  been  transferred  to  such  receiv- 
ers or  trus 

Sec    11.     The  oners   shall,   at  least   once   in   each 

year  and  as  much  oftcner  as  they  may  deem  expedient, 
examine  the  accounts  and  doings  of  receivers  or  trustees, 
and  shall  carefully  examine  and  report  on  all  account 
reports  made  to  the  proper  court,  and,  for  the  purposes  of 
this  section,  shall  have  full  and  tree  access  t"  all  the  books, 
accounts  and  vouchers  relating  to  any  such  liquidation. 

Sec    12.     t  doe   th(    certificate,  under  oath,  of  any 
more   ofiicers,   trustees,    creditors,    shareholders   or    depositors 


VI?  BUILDING    AND    LOAN    ASSOCIATIONS.     Act  420,  §§  13,  14 

of  any  such  association,  corporation  or  society,  setting  forth 
their  interest  and  the  reason  for  the  making  of  such  exam- 
ination, directed  to  the  commissioners,  and  requesting  them 
so  to  do,  they  shall  forthwith  make  a  full  investigation  of 
its  affairs,  in  the   manner  provided. 

Sec.  13.  If  either  of  the  commissioners,  having  knowledge 
of  the  insolvent  condition,  or  of  any  violation  of  law  or 
unsafe  practice  of  any  such  association,  corporation  or  so- 
ciety under  their  supervision,  such  as  renders,  in  their  opin- 
ion, the  conduct  of  its  business  hazardous  to  its  sharehold- 
ers, creditors  or  depositors,  shall  fail  to  take  the  proper 
action  required  by  this  act,  or  shall  refuse  or  neglect  to  per- 
form the  official  duties  pertaining  to  his  office,  then  upon 
conviction  thereof  the  office  of  such  commissioner  shall  be 
declared  vacant  by  the  governor,  and  a  successor  be  ap- 
pointed to  fill  the  unexpired  term. 

Sec.  14.  To  meet  the  salaries  and  expenses  provided  for 
by  this  act,  the  commissioners  shall  require  every  associa-* 
tion,  corporation  or  society  licensed  by  them  or  coming 
under  their  supervision  to  pay  in  advance,  to  them,  and 
prior  to  the  issuance  of  any  license,  its  pro  rata  amount  of 
all  such  salaries  and  expenses,  and  it  is  hereby  made  the 
<.!uty  of  every  such  association,  corporation  or  society  to 
pay  the  same;  such  pro  rata  shall  be  fixed  and  determined 
by  the  proportion  which  its  assets  bear  to  the  aggregate 
assets  of  all  such  associations,  corporations,  or  societies,  re- 
ceiving licenses,  as  shown  by  the  last  reports  of  such  cor- 
porations, associations,  or  societies  to  the  commissioners. 
On  or  before  the  thirtieth  day  of  December,  in  each  year, 
ttie  commissioners  shall  notify  each  of  such  associations, 
corporations  or  societies,  through  the  United  States  mail, 
of  the  „mount  assessed  and  levied  against  it  and  that  the 
same  must  be  paid  within  twenty  days  thereafter;  and 
should  payment  not  be  made  to  them  within  said  twenty 
days,  they  shall  then  assess  and  collect  a  penalty,  in  addi- 
tion thereto,  of  ten  per  cent  per  day  for  each  day  that  such 
payment  may  be  delayed  or  withheld;  provided,  however, 
that  in  the  levy  and  collection  of  such  assessment,  no  such 
association,  corporation  or  society  shall  be  assessed  for,  nor 
be  permitted  to  pay  less  than  ten  dollars  per  annum,  and 
any  such  association  hereafter  formed  in  this  state,  shall  be 
required  to  pay  not  less  than  one  dollar  per  month  for  the 
unexpired  term  ending  December  thirty-first,  succeeding  ap- 
plication; and  in  like  manner  any  such  association  organ- 
ized outside  this  state  shall  be  required  to  pay  not  less  than 


Act  429,  §§15,  16    BUILDING    AND    LOAN   ASSOCIATIONS.  Mh 

three    dollars   per   month,   for   such   unexpired   term,   for   its 
first  license. 

Sec.  15.  It  shall  be  the  duty  of  the  commissioners  to  re- 
quire every  such  association,  corporation  or  society  coming 
under  their  supervision,  to  procure  from  them,  prior  to  the 
transaction  of  any  business,  a  certificate  of  authority  or 
license  to  transact  business  in  this  state;  and  it  is  hereby 
made  the  duty  of  every  such  association,  corporation  or  so- 
ciety to  comply  with  such  requirement.  To  procure  such  li- 
cense, there  must  be  filed  with  and  approved  by  the  com- 
missioners, a  certified  copy  of  its  articles  of  incorporation, 
constitution  and  by-laws  and  all  subsequent  amendments 
thereto,  accompanied  by  the  license  fee  herein  provided  for; 
and  after  the  expiration  of  the  term  for  which  a  license  may 
have  been  granted  to  it,  no-such  association,  corporation  or 
society  shall  be  permitted  to  continue  to  transact  business 
without  first  procuring  a  renewal  of  such  license  on  the 
'terms  provided  in  this  act,  and  any  such  association,  cor- 
poration or  society  violating  the  provisions  hereof  shall  be 
subject  to  a  penalty  of  ten  per  cent  per  day  of  the  amount 
of  the  license  fee  required  to  be  paid  under  section  fifteen 
of  this  act,  in  addition  thereto,  for  each  day  during  the  con- 
tinuance of  such  offense.  The  commissioners  are  author- 
ized and  empowered  to  revoke  the  license  of  any  such  as- 
sociation, corporation  or  society  under  their  supervision,  the 
•v  whereof  may  have  become  imperiled  by  losses  t>i 
irregularities;  and  immediately  upon  the  revoking  of  any 
such  license  they  shall  report  the  facts  to  the  attorney- 
general,  who  shall  thereupon  take  such  proceedings  as  are 
provided  in  section  nine  of  this  act. 

Sec.  16.  The  commissioners  shall  require  every  associa- 
tion, corporation  or  society  licensed  by  them,  and  including 
associations  in  liquidation,  within  thirty  days  after  the 
close  of  its  annual  fiscal  term  to  make  a  report  to  them  in 
writing,  verified  by  the  oath  of  its  president  and  secretary, 
showing  accurately  its  financial  condition  at  the  close  of 
such  term;  such  report  shall  also  include  all  the  receipts  and 
disbursements  and  income  and  expenses  for  the  term,  to- 
gether with  such  statistical  and  other  information  as  may 
be  deemed  essential;  all  and  every  of  such  reports  shall  be 
in  such  form  as  the  commissioners  may  prescribe,  and  upon 
blanks  to  be  by  them  furnished  therefor.  Eyery  such  as- 
sociation, corporation  or  society  is  hereby  required  to  make 
and  file  all  such  reports  within  the  time  specified  herein, 
and  for  failure  or  neglect  so  to  do  shall  be  subject  to  a  pen- 


?M  BUILDING    AND    LOAN    ASSOCIATIONS.  Act  «<1 

alty  of  ten  dollars  per  day  for  each  and  every  day  the  same 
shall  be  delayed  or  withheld. 

Sec.  17.  The  collection  of  all  moneys  assessed,  as  herein 
provided,  for  the  payment  of  salaries  and  annual  expenses, 
or  forfeitable  as  fines  for  failure  to  make  payments  of  as- 
sessments, procure  licenses,  or  make  and  file  reports  as  here- 
in specified,  and  due  from  any  such  association,  corporation 
or  society  coming  within  the  provisions  of  this  act,  or  im- 
posed as  a  penalty  for  violation  of  any  order  or  summons, 
may  be  enforced  by  the  commissioners,  by  action  instituted 
in  any  court  of  competent  jurisdiction;  and  all  monej's  col- 
lected or  received  by  the  commissioners  under  this  act,  shall 
be  deposited  with  the  state  treasurer,  to  be  credited  to  a 
fund  to  be  known  and  designated  as  the  "building  and  loan 
inspection  fund";  which  said  fund  shall  only  be  used  in  de- 
fraying the  salaries  and  expenses  provided  for  by  this  act. 

Sec.  18.  This  act  shall  not  be  construed  as  affecting  the 
terms  of  office  of  the  commissioners  appointeel  under  and  by 
virtue  of  an  act  entitled  "An  act  creating  a  board  of  com- 
missioners of  the  building  and  loan  associations  and  pre- 
scribing their  duties  and  powers,"  approved  March  twenty- 
third,  eighteen  hundred  and  ninety-three,  and  acts  amenda- 
tory thereof,  and  such  commissioners  are  hereby  created  the 
building  and  loan  commissioners  for  the  unexpired  terms 
for  which  they  were  appointed,  and  they  and  their  secretary 
are  hereby  vested  with  all  the  powers  and  duties,  and  are 
entitled  to  all  the  emoluments  herein  provided  for;  and  they 
and  their  successors  in  office,  as  the  buileling  and  loan  com- 
missioners herein  provided  for,  shall  succeed  to  all  the  rights, 
privileges  and  benefits,  and  to  the  control  and  possession  of 
all  records,  property  and  funds  in  the  possession  of  or  en- 
joyed by  the  board  of  commissioners  of  the  building  ind 
loan  associations  appointed  under  and  by  virtue  of  said  act 
ot   March    twenty-third,    eighteen   hundred   and   ninety-three. 

Sec.  19.  All  acts  and  parts  of  acts,  including  an  act  en- 
titled "An  act  creating  a  board  of  commissioners  of  the 
building  and  loan  associations  and  prescribing  their  duties 
and  powers,"  approved  March  twenty-third,  eighteen  hun- 
dred an  el  ninety-three,  and  all  acts  amendatory  thereof,  are 
hereoy  repealed. 

Sec.  20.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  430. 

Creating    a    board    of    commissioners    of    building    and    loan 

associations    and    prescribing    their    powers    and    duties. 

[Stats.  1893,  p.  229.] 


Acts  435-448     BUOYS     AND     BEACONS— BUTTE     COUNTY  743 

Amended   IS  5.    103.     Repealed   10OE,    66fi.     See   ante.    Act  429. 
This  act  appears  in   full   in   Civil  Code,   Appendix,   p.   681. 
Partly    codified    by    amendments    of    Civil    Code,    adopted    1905.     See 
Civil    Code    Supp.,    §    63Sa,    note. 

Cal.    Rep.    Cit.     141,   75;     141,   7S;     143,   258. 

BUOYS  AND  BEACONS, 
ACT  435. 

For   the   protection    of   buoys    ami   beacons.      [Stats.    1873-4, 
'619.] 
This  act  appears  in   full  in  the  Appendix  to  the  Penal  Code,  p.  573 
Codified    by    amendment    of    Penal    Code,    adopted    1905.     See    Penal 
Code   Supp.,    §   609,    note. 


TITLE  63. 
BURIAL. 
ACT  440. 

To  protect  the  public  health  from  infection  caused  by  the 
fxhumation  and  removal  of  human  remains.  [Stats. 
1877-8,    p    1050.] 

Amended   1SS9,    139. 
Cal.    Rep.    Cit.     58,    227;     136,    268. 
See,    post,    Act   545. 


TITLE  64. 

BUTTE    COUNTY. 
ACT  445. 

Protection    of    agriculture    in.     [Stats.    1873-4,    p.    310.] 

Amended   1875-6.    314.     Superseded    by    1S97,    W8. 
Cal.    Rep.    Cit.     64,    114;    117,    195. 

This   act   provided   against   the   trespassing  of   animals. 

ACT  446. 

Concerning    salary    of    cpuntv    assessor    of.     [Stats.    1871-2, 
p.  270.] 

Repealed    by    County    Government    Act,    1897,    523,    sec.    171. 

ACT  447. 

Relating    to    salary    of    treasurer    and    auditor    of.      [Stats. 
1871-2,  p.  709.] 
Repealed   by   County    Government    Act,    1S97,    523,    sec.    171. 

ACT  448. 

Defiaing   a   lawful    and    partition    fence    in.     [Stats.    1871-2, 
p.  700.] 


73  BUTTE    COUNTY.  Acts  449-4."S 

ACT  449. 

To  prevent  hunting  of  game  within  certain  private  grounds 

in.      [Stats.   1871-2,   p.   471.] 
ACT  450. 

Providing  for  the  pavment  of  fees  for  witnesses  and  jurors. 
[Stats.  1871-2,  p.  233.] 
Amended   1873-4,    508.    Repealed   by   fee   bill,    1S95,    273,    fixing  jurors' 
and   witnesses'    fees. 

ACT  451. 

To    rrgu]ate    fees    of    justices    in.     [Stats.    1877-8,    p.    683.] 
Repealed  by  the  fee  bill  of  1895,   257. 

ACT  452. 

To  provide  for  the  appointment  of  two   additional   notaries 
"public    for   Butte    County.      [Stats.    1871-2,    p.    36.] 
Superseded   by    Political    Code,    sec.    791. 

ACT  453. 

Salaries    and    compensation    of    officers.-     [Stats.    1873-4,    p. 

733.] 

Amended    1875-6,    753,    906;      1S77-S,    248.     Superseded    by    the    County 
Government   Act   (Lynch  v.    Butte  County,    102   Cal.    448). 

ACT  454. 

Authorizing  transcribing  records  in.     [Stats.   1859,   p.   119.] 

ACT  455. 

Authorizing  and  empowering  the  recorder  of  Butte   County 

to    make    copies    of    certain    records.      [Stats.    1858,    p. 

108.] 

ACT  456. 

Concerning   roads   in.      [Stats.    1871-2,   p.    322.] 
Amended   1871-2,    693.     Repealed   1883,    p.    5,   chap.    X,    sec.    2. 

ACT  457. 

Eoads  in.     [Stats.  1873-4,  p.  503.] 

Supeise-ded  by  18S3-5,   chap.   X,   sec.   2,   and   the   County  Government 
Act,    1897,    452. 
Cal.   Rep.   Cit.    81,   125. 

ACT  458. 

Boads  and  highways  in.     [Stats.   1875-6,  p.   752.] 

Amended    1877-8,    18. 


Acts  459-467  BUTTER.  I* 

"Repealed  by  1SR3  5,  chnp.  X,  sec.  2:  also  by  Political  Code,  see. 
2652,  as  amended  1R91,  478,  and  County  Government  Act,  1897,  452.'1  — 
Code    Commissioners'    Note. 

ACT  459. 

Roads  and  highways  in.     [Stats.   1877-8,  p.  402.] 
Repealed   1SS3,    5,    chap.    X.    sec.    2. 

ACT  460. 

Sheriff  to  collect  licenses,  and  fixing  salary  therefor.     [Stats. 
1877-8,   p.   287.] 
Repealed  by   County  Government  Act,   1897,   473,   sec.   55. 

ACT  461. 

Sheriff,  act  concerning,  and  fixing  his  compensation.     [Stats. 

1877-8,   p.   567.] 
ACT  462. 

Superintendent  of  schools,  fixing  salary  of.     [Stats.   1873-4, 
p.   170.] 
Repealed   by   County   Government   Act,   1897,   452. 

ACT  463. 

Treasurer    of,    to    transfer    certain    funds.     [Stats.    1875-6, 
p.    355.] 

Superseded   by    subd.    IS,    sec.    25,    1S37.    463. 

This  act  authorized  the  transfer  of  swamp  land  funds  to  the  gen- 
eral  fund. 

ACT  464. 

Los  Angeles,  Sutter,  and  Butte  counties,  treasuries  of,  better 
protection  of.     [Stats.   1875-6,  p.  365.] 

Supplemented    and    amended    1S75-6,    637,    exempting    Sutter   County. 

Superseded    by    County    Government   Act,    1897,    4S3,    sec.    115. 

This  act   provided   for   the  examination  and  counting  of   the   funds. 


TITLE  65. 

BUTTER. 

ACT  467. 

An  ret  requiring  the  marking  of  packages  of  butter  con- 
taining less  than  si*  pounds  and  more  tliau  one-half 
pevnd  so  as  to  advise  the  purchaser  or  others  as  to  the 
weigat  of  butter  contained  in  such  package. 

[Approved  March  20,  1905.     Stats.   1905,  p.  316.] 


76a  BUTTER.  Act  467,  §§1-5 

Section  1.  No  person  or  persons,  firms  or  corporations,  by 
themselves  or  their  agents  or  employees,  shall  sell,  manufac- 
ture or  prepare  for  sale,  offer  for  sale  or  expose  for  sale,  or 
have  in  his  or  their  possession  for  sale,  or  consign,  ship  or 
present  to  any  dealer,  commission  merchant,  consumer,  or 
other  person,  any  butter  in  packages  containing  less  than 
six  pounds  and  more  than  one-naif  pound,  unless  fie  exact 
weig.it  of  such  butter  contained  in  such  package  or  pack- 
ages, rolls,  prints  or  other  form  of  package,  expressed  in 
the  number  of  pounds  or  ounces  or  in  both  both  pounds  and 
ounces,  shall  be  printed  or  durably  ana  legibly  marked  upon 
the  wrapper  or  other  container  oi  such  butter  in  letters  or 
figures,  or  in  both  letters  and  figures,  not  less  than  one- 
fourth  inch  high  and  upon  the  same  side  or  face  of  such 
pack  ige  upon  which  the  producer's  or  seller's  name  and  ad- 
dress appears,  and  if  such  name  and  address  does  not  appear, 
the  weight  alone  shall  be  legibly  and  durably  placed  upon 
such  package  in  letters  or  figures  not  less  than  one-fourth  of 
an   imh   high. 

Sec.  2  Whoever  shall  violate  any  of  the  provisions  or 
sections  of  this  act  shall  be  deemed  guilty  of  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  not  less  than 
ten  days  nor  more  than  fifty  days,  or  by  both  such  fine  and 
imprisonment  at  the  discretion  of  the  court. 

Sec.  5.  It  shall  be  the  duty  of  the  state  dairy  bureau, 
now  existing  under  the  laws  of  this  state,  to  enforce  the  pro- 
visions of  this  act  and  to  cause  the  prosecution  of  any  per- 
son known  to  be  guilty,  or  that-  it  has  reason  to  believe  to 
be  guilty,  of  violating  any  of  the  provisions  of  this  act. 
It  ahull  be  the  duty  of  the  district  attorney  of  each  and 
every  county  in  this  state,  upon  application  from  the  state 
dairy  1  ureau,  to  attend  to  the  prosecution  in  the  name  of 
the  people  of  any  action  brought  for  the  violation  of  any  of 
tin  |>ro visions  of  this, act  within  his  district.  One-half  of 
all  fines  collected  for  the  violation  of  any  of  the  provisions 
of  this  act  shall  be  paid  to  the  county  in  which  the  fine  is 
imposed.  The  other  one-half  shall  be  paid  to  the  state  dairy 
bureau  and  by  said  bureau  to  the  state  treasurer  and  the 
same  shall  become  a  part  of  the  appropriation  made  by  law 
for   the   use   of   the   state   dairy   bureau. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Sec.  5.  This  section  shall  take  effect  sixty  days  after  its 
passage. 


Act  468,  §§1-3  BUTTER.  76b 

ACT   168. 

An  act  to  prevent  deception  in  the  sale  of  rendvated  butter 
and  to  license  manufacturers  and  dealers  in  the  same. 
[Approved    March    20,    1905.     Stats.    1905,    p.    468.] 

Section  1.  No  person  or  persons,  firms  or  corporations,  by 
themselves  or  their  agents  or  employees,  shall  sell,  offer  for 
sale  or  expose  for  sale  or  have  in  his  or  their  possession  for 
sale  any  renovated  butter  unless  the  same  shall  have  printed 
upon  each  and  every  package,  roll,  print,  square,  or  any  con- 
tainer of  such  renovated  butter  the  words  "renovated  but- 
ter" in  letters  not  less  than  one-half  inch  in  height,  or  who 
shall  not  have  secured  from  the  state  dairy  bureau,  now  ex- 
isting under  the  laws  of  this  state,  a  license  as  provided 
hereinafter. 

Sec.  2.  The  term  renovated  butter  as  used  in  this  act  is 
hereby  defined  to  mean  and  include  butter  that  has  been 
reduced  to  a  liquid  state  by  nulling,  and  drawing  of  sucli 
liquid  or  butter  oil  and  churning  or  otherwise  manipulating 
it  in  connection  with  milk  or  any  product  thereof. 

Sec.  3.  Any  person  or  persons,  firms  or  corporations,  de- 
siring to  manufacture  or  deal  in  renovated  butter  shall  make 
application  to  the  state  dairy  bureau  for  a  license  and  upon 
payment  of  a  license  fee  of  the  amount  mentioned  herein, 
to  the  state  dairy  bureau,  said  bureau  shall  issue  to  the  ap- 
plicant a  license.  All  such  licenses  shall  expire  December 
31st  of  each  year  and  may  be  issued  in  periods  of  one  year 
or  six  months,  upon  payment  of  a  proportionate  part  of  the 
license  fee.  Manufacturers  of  renovated  butter  within  this 
state  shall  pay  an  annual  license  fee  of  one  thousand  dol- 
lars; wholesale  dealers  shall  pay  an  annual  license  fee  of 
four  hundred  dollars;  retail  dealers  shall  pay  an  annual  li- 
cense fee  of  fifty  dollars;  hotels,  restaurants,  boarding- 
houses  and  all  other  places  where  meals  are  served  and  pay- 
ment is  received  therefor,  either  immediately  or  by  the  day, 
week  or  month,  and  which  use  or  furnish  renovated  butter 
in  connection  with  said  meals,  shall  pay  an  annual  license 
fee  of  ten  dollars.  The  term  wholesale  dealers  as  used  herein 
includes  all  persons,  firms  or  corporations,  who  shall  sell 
renovated  butter  in  quantities  of  ten  pounds  or  more.  The 
term  retail  dealers  includes  all  persons  who  sell  in  quantities 
of  less  than  ten  pounds.  All  licenses  while  in  force  shall  be 
conspicuously  displayed  in  the  place  of  business  of  the  party 
or  parties  to  whom  they  have  been  issued.  The  state  dairy 
bureau  shall  require  'all  persons  holding  a  manufacturer's 
or  wholesaler's   license,   as   provided   in   this  act,   to   keep   a 


record  in  a  form  separate  from  all  other  business  in  which 
everjr  sale  of  renovated  butter  shall  be  recorded,  giving 
the  quantity  sold,  the  name  and  location  of  the  buyer  and 
the  place  to  which  it  was  shipped.  Such  record  shall  be 
accessible  at  all  times  to  duly  authorized  representatives  of 
the  state  dairy  bureau. 

Sec.  4.  All  license  fees  paid  to  the  state  dairy  bureau 
under  this  act  shall  be  paid  by  said  bureau  into  the  state 
treasury,  the  same  to  be  added  to  the  appropriation  made 
for  the  same  fiscal  year  for  the  bureau  and  its  expenditure 
shall  be  at  the  disposal  of  said  bureau  for  its  use. 

Sec.  5.  Whoever  shall  violate  any  of  the  provision?  or 
sections  of  this  act  shall  b%  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  for  the  first 
offense  by  a  fine  of  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars;  or  by  imprisonment  in  the  county 
jail  for  not  less  than  ten  days  and  not  exceeding  thirty 
days;  and  for  each  subsequent  offeree  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  twenty 
days  nor  more  than  one  hundred  days,  or  by  both  such  fine 
and  imprisonment,  at  the  discretion  of  the  court. 

See.  6.  It  shall  be  the  duty  of  the  district  attorney  of 
each  and  every  county  in  this  state,  upon  application,  to 
attend  to  the  prosecution  in  the  name  of  the  people  of  any 
action  brought  for  the  violation  of  any  of  the  provisions 
of  this  act  within  his  district.  One-half  of  all  the  fines 
imposed'  for  the  violation  of  any  of  the  provisions  of  this 
act  shall  be  paid  to  the  county  in  which  the  fine  is  im- 
posed. The  other  one-half  shall  be  paid  to  the  state  dairy 
bureau,  and  by  said  bureau  to  the  state  treasurer,  and  the 
same  shall  become  a  part  of  the  appropriation  made  by  law 
for  the  use  of  said  state  dairy  bureau. 

Sec.  7.  An  act  which  became  a  law  under  constitutional 
provision  without  the  governor's  approval,  February  23, 
1899,  entitled  "An  act  to  prevent  deception  in  the  sale  of 
process  or  renovated  butter"  and  all  other  acts  or  parts  of 
acts  inconsistent  with   this  act  are  hereby  repealed. 

Sec.  8.  This  act  shall  take  effect  thirty  days  after  its 
passage. 

ACT  469. 

To  prevent  the  sale  of  short-weight  rolls  of  butter.     [Stats. 
1893,  p.  151.] 
This  act   la  In   the  Penal   Code,    Appendix,    p.    674, 


Acts  470-482  CALAVERAS   COUNTY.  76(1 

ACT    470. 

To    prevent   deception    in   the   sale   of   process   or  renovated 
butter.      [Stats.  1899,  p.  25.] 

Repealed    1905,    470.     See   ante.    Act   468. 

A    section   of   this   act   is   codified   by   an   amendment   of   the    Penal 
Code,    adopted   1905.     See   Penal   Code,    §   383a,    note. 

ACT  471. 

To  prevent  deception  in  the  manufacture  and  sale  of  butter 
and    cheese,    to    secure    its    enforcement    and    to    appro- 
priate   money    therefor.     [Stats.    1897,    65.] 
This  act  is  in   full  in  the  Penal  Code,  Appendix,  p.   674. 


TITLE  66. 

CALAVEEAS  COUNTY. 
ACT  476. 

Agriculture,   protection   of.      [Stats.   1873-4,  p.   579.] 

Supplemented,    1875-6,    901.     Repealed   1897,^  198. 

ACT  477. 

Providing   for   redemption    of    bonds   of.     [Stats.    1871-2,   p. 

716.] 
ACT   478. 

Constables   of,   regulating   fees   of.     [Stats.    1877-8,   p.    592.] 
Repealed  by   fee  bill  of  1895,   267. 

ACT  479. 

Supervisors  and  district  attorney,  offices  of.      [Stats.  1875-6, 
p.  141.] 

Repealed  by   County   Government  Act,    1897,   452. 

ACT  480. 

Regulating  fees  and  salaries  in.     [Stats.   1873-4,  p.   13.] 

Supplementing  act   of  March  4,    1870.    Repealed  by   County   Govern- 
ment Act,    1S97,   547,   sec.    188. 

ACT   481. 

Supplementing  act  to   regulate  fees  and  salaries  and  define 
duties   of   certain   officers.      [Stats.    1S71-2,   p.    177.] 
Superseded   by   the   County    Government   Act,    1897,   462. 

ACT   482. 

'Regulating    certain    township    offices    in.     [Stats.    1875-6,    p. 

78.] 


77  CAL.    AND   ORE.    R.    R.  Acts  483-4J4 

Superseded  by   Code  of  Civil   Procedure,   sec.   103,   and   County   Gov- 
ernment  Act,    1S97,    474,    sec.    56. 

This    act   provides    for    justices    and    constables. 

ACT   483. 

Mining  claims,  recording  in.     [Stats.  1875-6,  p.  853.] 

Cal.    Rep.    Clt.     142,    411. 

ACT   484. 

Enforcing  collection  of  poll  tax  in.      [Stats.   1873-4,  p.  494.] 
Amended    1877-35.     Superseded    by    Political    Code,    sees.     3839,    3840, 
and   subd.    5,    sec.    25,    County   Government    Act,    1897,    458. 

ACT  485.  . 

Providing    for    location,    construction,    and    maintenance    of 
public  roads.     [Stats.  1871-2,  p.  160.] 

Repealed   1873-4,    358. 

ACT    486. 

Repealing    special    road    laws    and    applying    the    provisions 

of  the   Political   Code   relating   to   roarls   and   highways. 

[Stats.   1873-4,   359.] 

ACT    487. 

Eoad  poll  taxes  in,  collection  of.      [Stats.  1875-6,  p.  354.] 
Repealed    by   Political   Code,    sec.    2652,    as   amended   1891,    478. 

ACT    488. 

Superintendent  of  public  schools,  salary  of.      [Stats.   1877-8, 
p.  204.] 
"Never    went    into    effect.     (Peachy    v.    Calaveras    County,    59    Cal. 
MS.)     Repealed    by    County    Government    Act,    1897,    547,    sec.    188."—  Code 
Commissioners'    Note 

ACT  489. 

Treasurers  of,   bonds  of.     [Stats.    1875-6,   p.   17.] 

Repealed   by   County    Government    Act,    1897,    475,    sec.    66. 


TITLE  67. 

CALIFORNIA  AND  OREGON  RAILROAD  COMPANY. 

ACT    494. 

Giving  effect  to  the  act  of  congress  relating  to  the  Cali- 
fornia and  Oregon  Railroad  Company.  [Stats.  1867-8, 
p.  655.] 


Acts  499.  5<M    CALIFORNIA    POLYTECHNIC    SCHOOL.  ?s 

TITLE  68. 
CALIFORNIA  PACIFIC  RAILROAD  COMPANY. 
ACT    499. 

Granting  certain  rights  and  privileges  to   California   Pacific 
Railroad  Company.      [Stats.  1867-8,  p.  671.] 


TITLE  69. 

CALIFORNIA  POLYTECHNIC   SCHOOL. 

ACT  504. 

An  act  to  establish  the  California  polytechnic  School  in 
the  county  of  San  Luis  Obispo,  and  making  an  appro- 
priation   therefor. 

[Approved  March  8,  1901;  Stats.  1901,  115.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  There  is  hereby  established  in  the  county 
of  San  Luis  Obispo,  at  or  near  the  city  of  San  Luis  Obispo, 
a  school  to  be  known  as  the  California  polytechnic  school. 
The  purpose  of  this  school  is  to  furnish  to  young  people 
of  both  sexes  mental  and  manual  training  in  the  arts  and 
sciences,  including  agriculture,  mechanics,  engineering, 
business  methods,  domestic  economy,  and  such  other 
branches  as  will  fit  the  students  for  the  non-professional 
walks  of  life.  This  act  shall  be  liberally  construed,  to  the 
end  that  the  school  established  hereby  may  at  all  times 
contribute  to  the  industrial  welfare  of  the  state  of  Cali- 
fornia. 

Sec.  2.  Within  thirty  days  after  this  act  goes  into  effect 
the  governor  shall  appoint  five  persons,  who,  with  the 
governor,  and  superintendent  of  public  instruction,  shall 
constitute  the  board  of  trustees  of  said  school. 

Sec.  3.  The  said  trustees,  as  provided  for  in  section 
two  of  this  act,  are  hereby  appointed  and  created  trustees 
of  said  California  polytechnic  school,  with  full  power  and 
authority  to  select  a  site  for  the  permanent  location  of  said 
school.  Said  trustees  shall,  within  ninety  days  after  the 
passage  of  this  act,  examine  the  different  sites  offered  by 
the  people  of  San  Luis  Obispo  County  for  the  location  of 
said  school;  and  the  site  selected  by  them  shall  be  and 
remain  the  permanent  site   for  said  school.     But  no   mouey 


7J  CALIFORNIA    REDWOOD    PARK.  Acts  509,  BM 

shall  be  expended  for  or  on  said  site,  until  a  deed  in  fee 
simple  has  been  made  for  land  so  selected  to  the  state  of 
California. 

Sec.  4.  The  term  of  office  of  the  trustees  shall  be  four 
years,  except  that,  in  appointing  the  first  board  of  trus- 
tees, the  governor  shall  appoint  two  members  for  one  year, 
one  for  two  years,  one  for  three  years,  and  one  for  four 
years.  They  shall  be  governed  and  regulated  by  the  laws 
governing  and  regulating  the  normal  schools  of  this  state, 
in  so  far  as  the  same  are  applicable  to  an  institution  of 
this  kind. 

Sec.  5.  The  sum  of  fifty  thousand  dollars  is  hereby  ap- 
propriated out  of  any  moneys  belonging  to  the  state  not 
otherwise  appropriated,  for  the  purchase  of  a  site,  the  con- 
struction and  lurnisking  of  the  necessary  buildings,  and  the 
maintenance  of  said  school. 

Sec.  6.  The  controller  of  the  state  is  hereby  authorized 
to  draw  warrants  from  time  to  time,  as  the  work  shall  pro- 
gress, in  favor  of  said  board  of  trustees,  upon  their  requisi- 
tion for  the  same,  and  the  state  treasurer  is  directed  to  pay 
the  same. 

Sec.  7.  The  moneys  hereby  appropriated  shall  be  ex- 
pended under  the  direction  of  the  said  board  of  trustees. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  January  first,  nineteen  hundred  and  two. 


TITLE  70. 

CALIFORNIA   REDWOOD   PARK. 

ACT   509. 

Providing  for  the  creation  and  management  of  the  Cali- 
fornia Redwood  Park,  making  an  appropriation  there- 
for, and  creating  a  board  of  five  commissioners,  with 
power  to  make  purchases,  and  to  manage  said  Cali- 
fornia Redwood  Park.  [Approved  March  16,  1901; 
Stats.   1901,  517.] 

ACT  510. 

To  provide  for  the  preservation,  improvement  and  main- 
tenance of  the  "California  Redwood  Park"  in  Santa 
Cruz    County,    and    making    an    approbation      therefor. 

[Approved  March  25,   1903;  Stats.   1903,  424.] 


Acts  515-531      ,      CALIFORNIA      STATUTES— CANALS.  80 

TITLE  71. 

CALIFORNIA   STATUTES,   INDEX   TO. 
ACT  515. 

Authorizing  the  superintendent  of  state  printing  to  have 
prepared  and  printed  an  index  to  all  the  laws  of  Cali- 
fornia, 1850-189&  [Approved  March  11,  1893;  Stats. 
1893,  p.   150.] 

This    act    provided    for    the    compiling-,     printing,    an-d    distribution 
of  a  complete   Index   to   the   California   Statutes. 


TITLE  72. 

CALIFORNIA  VOLUNTEERS. 
ACT   520. 

To  provide  for  the  revision  of  the  records  of  the  California 
volunteers,  to  authorize  the  adjutant-general  to  em- 
ploy additional  clerks  for  that  purpose,  and  to  author- 
ize the  superintendent  of  state  printing  to  print,  bind 
and   issue  the  same.     [Stats.   1889,  p.  228.] 


TITLE  73. 
CANAL   CORPORATIONS. 
ACT  525. 

Authorizing  incorporation  of  canal   companies,  and  the  con- 
struction of   canals.     [Stats.   1862,  p.  540.] 

Amended    1865-6,    53.    601,    786;     1867-8,    134. 
See   note   to   act   632,    post. 

ACT  526. 

Authorizing  incorporation  of  canal  companies,  and  provid- 
ing for  the  construction  of  ditches  and  canals.  [Stats. 
1869-70,  p.  660.] 

"Supplementi'd  1S71-2,  732,  but  repealed,  except  as  to  pre-exist- 
ing corporations,  by  sec.  2S3,  Civ.  Code."— Code  Commissioners'  Note. 
See   note    to  act   632,    post 


TITLE  74. 

CANALS. 
ACT   531. 

To  develop  agricultural  interests  and  aid  the  construction 
of  a  canal  in  Colusa,  Solano,  and  Yolo  counties.  [Stats. 
1865-6,   p.   451. J 


CAPITOl^-CEMETERIES. 


Acts  536-544 


TITLE  75. 

CAPITOL. 
ACT  536. 

To    prohibit    the    sale    of    intoxicating   liquors    in   the    state 
capitol.     [Stats.   1880,  p.   80.] 

ACT  537. 

Fixing  the  salary  of  the  janitor  of  the  state  capitol  build- 
ing, defining  his  duties  and  making  an  appropriation 
therefor.     [Stats.   1893,  p.  46.] 

ACT  538. 

Authorizing  the  construction  and  maintenance  of  drinking 
fon  ntn ins  in  the  state  capitol  grounds.  [Stats.  1901, 
p.  298.] 


TITLE  76. 

CEMETERIES. 
ACT   543. 

To  protect  the  bodies  of  deceased  persons  and  public  grave- 
yards.    [Stats.   1854,  20.] 
Superseded   by    Penal    Code,    sees.    290-297. 

ACT   544. 

Providing   for   the   removal   of   human   remains   from    ceme- 
teries  in   cities   having   a   population   of   more    than    five 
thousand  and  not  exceeding  one  hundred  thousand. 
[Approved  March  23,  1893;  Stats.  1893,  234.     Amended  1895, 

157.] 
1.  The  city  council  of  any  city  in  this  state  having 
a  population  of  more  than  fifteen  hundred  and  not  ex- 
ceeding one  hundred  thousand,  may,  by  ordinance  duly 
passed,  and  under  such  lawful  rules  and  regulations  which 
it  may  adopt,  provide  for  the  exhuming,  taking  up,  ami 
removal  from  cemeteries  within  the  boundary  lines  of  snr-h 
city,  or  from  cemeteries  owned  and  controlled  by  such  city 
that  may  have  been  located  without  its  boundaries  ("and  in 
which  such  cemeteries  no  interments  of  human  remains  have 
born  made  for  a  period  of  not  less  than  two  years),  of  all 
the  human  remains  interred  in  such  cemeteries.  [Amend- 
ment approved  March  26,  1895;  Stats.  189.3,  157.] 
Gen.  Laws— 6 


Act  545,  §§  1,  2  CEMETERIES.  i>2 

ACT  545. 

An  act  to  protect  public  health  from  infection  caused  by 
exhumation  and  removal  of  the  remains  of  deceased 
persons. 

[Approved    April    1,    1878;    Stats.    1877-8,    1050.     Amended 
1889,    139.] 

Disinterring   of   bodies   unlawful    without    permit. 

Section  1.  It  shall  be  unlawful  to  disinter  or  exhume 
from  a  grave,  vault,  or  other  burial  place,  the  body  or  re- 
mains of  any  deceased  person,  unless  the  pi  i  ion  or  per- 
sons so  doing  shall  first  obtain,  from  the  board  of  health, 
health  officer,  mayor,  or  other  head  of  the  municipal  gov- 
ernment of  the  city,  town,  or  city  and  county  where  the 
same  are  deposited,  a  permit  for  said  purpose.  Nor  shall 
such  body  or  remains  disinterred,  exhumed,  or  taken  from 
any  grave,  vault,  or  other  place  of  burial  or  deposit,  be 
removed  or  transported  in  or  through  the  streets  or  high- 
ways oi  any  city,  town,  or  city  and  county,  unless  the  per- 
son or  persons  removing  or  transporting  such  body  or  re- 
mains shall  first  obtain,  from  the  board  of  health  or  health 
officer  (if  such  board  or  officer  there  be),  and  from  the 
mayor  or  other  head  of  the  municipal  government  of  the 
city  or  town,  or  city  and  county,  a  permit,  in  writing,  so 
to  remove  or  transport  such  body  or  remains  in  and  through 
such    streets    and    highways. 

Permits  granted  upon  what. 

See.  2.  Permits  to  disinter  or  exhume  the  bodies  or 
remains  of  deceased  persons,  as  in  the  last  section,  may 
be  granted,  provided  the  person  applying  therefor  shall 
produce  a  certificate  from  the  coroner,  the  physician  who 
attended  such  deceased  person,  or  other  physician  in  good 
standing  cognizant  of  the  facts,  which  certificate  shall 
state  the  cause  of  death  or  disease  of  which  the  person 
died,  and  also  the  age  and  sex  of  such  deceased;  pro- 
vide d  further,  that  the  body  or  remains  of  deceased  shall 
be  inclosed  in  a  metallic  case  or  coffin,  sealed  in  such 
manner  as  to  prevent,  as  far  as  practicable,  any  noxious 
or  offensive  odor  or  effluvia  escaping  threfrom,  and  that 
such  case  or  coffin  contains  the  body  or  remains  of  but 
one  person,  except  where  infant  children  of  the  same  parent 
or  parents,  or  parent  and  children,  are  contained  in  such 
case  or  coffin.  And  the  permit  shall  contain  the  above 
conditions   and    the    words:    "Permit    to    remove    and    trans- 


S3  CEMETERIES.  Act  545,  §§  3-5 

port   the   body   of  ,   age   ,   sex   , ' ' 

and  the  name,  age,  and  sex  shall  be  written  therein.  The 
officer  of  the  municipal  government  of  .the  city  or  town, 
or  city  and  county,  granting  such  permit,  shall  require  to 
be  paid  for  each  permit  the  sum  of  ten  dollars,  to  be 
kept  as  a  separate  fund  by  the  treasurer,  and  which  shall 
be  used  in  defraying  expenses  of  and  in  respect  to  such 
permits,  and  for  the  inspection  of  the  metallic  cases,  coffins, 
and  inclosing  boxes  herein  required;  and  an  account  of 
sueh  moneys  shall  be  embraced  in  the  accounts,  and  state- 
ments  of    the   treasurer   having   the    custody    thereof. 

Misdemeanor. 

Sec.  3.  Any  person  or  persons  who  shall  disinter,  ex- 
hume, or  remove,  or  cause  to  be  disinterred,  exhumed, 
or  removed,  from  a  grave,  vault,  or  other  receptacle  or 
burial-place,  the  body  or  remains  of  a  deceased  person, 
without  a  permit  therefor,  shall  be  guilty  of  a  misde- 
meanor and  be  punished  by  a  fine  not  less  than  fifty  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment.  Nor  shall 
it  be  lawful  to  receive  such  body,  bones,  or  remains  on 
any  vehicle,  car,  barge,  boat,  ship,  steamship,  steamboat, 
or  vessel  for  transportation  in  or  from  this  state,  unless 
the  permit  to  transport  the  same  is  first  received,  and  is 
retained  in  evidence  by  the  owner,  driver,  agent,  super- 
intendent, or  master  of  the  vehicl» ,  car,  or  vessel. 

Transportation   of   bodies   exhumed   without   permit — Misde- 
meanor. 

See.  4.  Any  person  or  persons  who  shall  move  or  trans- 
port, or  cause  to  be  moved  or  transported,  on  or  through 
the  streets  or  highways  of  any  city  or  town,  or  city  and 
county,  of  this  state,  the  body  or  remains  of  a  deceased 
person,  which  shall  have  been  disinterred  or  exhumed  with- 
out a  permit,  as  described  in  section  two  of  this  act,  shall 
be  guilty  of  a  misdemeanor,  and  be  punishable  as  provided 
in  section  three  of  this  act. 

Eeward  for  information. 

Sec.  5.  Any  person  who  shall  give  information  to  se- 
cure the  conviction  of  any  person  or  persons  for  the  viola- 
tion of  the  provisions  of  this  act  shall  be  entitled  to  re- 
ceive the  sum  of  twenty-five  dollars,  to  be  paid  trom  the 
fund  collected  from  fines  imposed  and  accruing  under  this 
aet. 


Acts  549-355    CEMETERIES— CORPORATIONS— CENSUS.  34 

Removal  of  remains  of  deceased  persons. 

Sec.  6.  Nothing  in  this  act  contained  shall  be  taken  to 
apply  to  the  removal  of  the  remains  of  deceased  persons 
from  one  place  of  interment  *o  another  cemetery  or  place 
of  interment  within  this  state;  provided,  that  no  permit 
shall  be  issued  for  the  disinterment  or  removal  of  any 
body,  unless  such  body  has  been  buried  for  one  year  or 
more,  without  the  written  consent  of  the  mayor,  chair- 
man of  the  board  of  supervisors,  or  city  council  of  any 
municipality  of  the  state.  [Amendment  approved  March  13, 
1889;    Stats.   1889,   139.     In   effect  immediately.] 

See.  7.  This  act  shall  take  effect  and  be  in  force  from 
the  thirtieth  day  after  its  passage  and  approval. 


TITLE  77. 

CEMETERY    CORPORATIONS. 
ACT  549. 

Authorizing    incorporation    of    rural    cemetery    associations. 
[Stats.  1859,  p.  281.] 
AmenvJed  1863-4,   12;   1S91,   264;   1899,   36. 
Cal.    Rep.    Clt.     115,    373;    140.    232. 
See  note  to  act  632,    post. 

ACT  550. 

To  provide  the  manner  of  execution  of  deeds  by  cemetery 
corporations.      [Stats.    1895,    p.    75.] 
This  act  appears  In  full   in  Civil   Code,   Appendix,    p.   71tt. 


TITLE  78. 

CENSUS. 
ACT  555. 

An   act   to   authorize   any   city,   or  city   and   county   of   this 
state  to  take  its  census. 
[Stat,    approved    February    25,    1897;    Stats.    1897,    28.] 
Cal.    Rep.    Cit.     123,    85. 

Section  1.  The  couneil,  or  other  legislative  body  of  any 
city  in  this  state,  and  the  board  of  supervisors,  or  other 
legislative  body  of  any  city  and  county  of  this  state,  is 
hereby  authorized,  whenever  said  council,  board  of  super- 
visors,   or   other    legislative    body,    may    deem    it    necessary, 


83  CENTRAL    PACIFIC    RAILROAD    COMPANY.     Acts  560-oui 

between  the  years  of  taking  the  federal  census,  to  take  the 
census  of  such  city,  or  city  and  county,  in  the  manner  pre- 
scribed by  section  two  of  tuis  act. 

Sec.  2.  Said  council,  board  of  supervisors,  or  other  legis- 
lative body  of  any  city,  or  city  and  county  of  this  state 
electing  to  take  a  census,  as  in  this  act  provided  for, 
shall  pass  a  resolution  of  intention  declaring  its  inten- 
tion to  cause  such  census  to  be  taken  by  one  or  more  suit- 
able persons  appointed  therefor  by  such  council,  board 
of  supervisors,  or  other  legislative  body,  at  the  expense  of 
said  city  or  cities  desiring  such  census  taken,  and  such 
census  shall,  by  sucb  persons  so  appointed,  be  taken  of  all 
the  inhabitants  of  such  city,  or  city  and  county,  and  in 
said  census  the  full  name  of  each  person  shall  be  plainly 
written  and  the  names  alphabetically  arranged  and  regu- 
larly numbered  in  one  complete  series,  and  when  com- 
pleted shall  be  verified  before  any  officer  authorized  to  ad- 
minister oaths,  and  be  filed  with  the  clerk  of  such  city, 
or  city  and  county. 

Sec.  3.  A  certified  copy  of  such  census  shall  be  pre- 
pared by  said  clerk  after  being  so  filed,  and  shall  be  filed 
by  him  with  the  secretary  of  state  for  this  state,  and 
thereupon  the  same  shall  be  known  and  be  the  official 
state  census  of  said  city,  or  city  and  county. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

TITLE  79. 
CENTRAL  PACIFIC  RAILROAD  COMPANY. 
ACT  560. 

Authorizing  relocation  of  route  of.  [Stats.  1863,  p.  320.] 
ACT  561. 

To  aid  construction  of,  and  to  secure  the  use  of  the  same 
to  this  state  for  military  and  other  purposes.  [Stats. 
1863-4,  p.  344.] 

Cal.   Rep.   Cit.     66,   39;   70,   176. 

ACT  562. 

To   aid   in   carrying  out   the   provisions   of   the   Pacific   rail- 
road and   telegraph   act  of   congress.     [Stats.    1863-4,   p. 
471.] 
Cal.    Rep.    Cit.    71,    86. 

ACT   563. 

For   relief   of.     [Stats.    1871-2,   p.    432.] 


Acts  568,  573,  §  1    CHAMBERS    OP    COMMERCE— CHARITIES.  SS 

This  act  validated  the  certificate  of  incorporation  of  the  San 
Joaquin  Valley  Railroad,  which  consolidated  with  other  railroads  un- 
der the  name  of  the   Central   Pacific    Railroad. 


TITLE  80. 

CHAMBERS  OF  COMMERCE. 
ACT  568. 

To  provide  for  the  formation  •  of  chambers  of  commerce, 
boards  of  trade,  mechanics'  institutes,  and  other  kin- 
dred  protective  associations.     [Stats.   1865-6,  469.] 

Amended    1867-8,    5;    1885,    76. 

See  note  to  act    632,   post.     This  act  appears  In   full  in   Civil   Code, 
Appendix,    p.    689. 

Codified    by    amendments    of    Civil    Code,    adopted    1905.     See    Civil 
Code,    §    591,   note. 


TITLE  81. 

CHARITIES  AND  CORRECTIONS. 
ACT  573. 
An  act  to  create  a  state  board  of  charities  and  corrections, 

prescribing    its    duties    and    powers,    and    appropriating 

money   therefor. 

[Approved  March  25,  1903;  Stats.  1903,  482.] 

The  people  of  the  state,  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  A  state  board  of  charities  and  corrections  is 
hereby  created  of  six  members,  to  be  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  senate,  not  more 
than  three  of  whom  shall  be  of  the  same  political  party. 
Such  members  shall  hold  office  for  the  period  of  twelve 
years  and  until  tbeir  successors  are  appointed  and  qualified; 
provided,  that  the  members  of  the  first  board  appointed 
under  this  act  shall,  at  their  first  meeting,  so  classify 
themselves  by  lot  that  two  of  them  shall  go  out  of  office  at 
the  end  of  four  years,  two  at  the  end  of  eight  years,  and 
two  at  the  end  of  twelve  years,  and  an  entry  of  such  classi- 
fication shall  be  made  in  the  minutes  of  said  board,  and  a 
duplicate  thereof  shall  be  filed  in  the  office  of  the  secre- 
tary of  state.  Women  may  be  appointed  members  of  said 
board,  or  hold  any  position  in  the  appointment  of  said  board. 


87  CHARITIES    AND    CORRECTIONS.  Act  573,  §§  2,  S 

No  person  shall  be  appointed  a  member,  or  continue  to  act 
as  such,  while  he  is  a  trustee,  manager,  director,  or  other 
administrative  officer  of  an  institution  subject  to  the  terms 
of  this  act.  Appointments  to  fill  vacancies  before  the  ex- 
piration of  such  terms,  shall  be  made  for  the  residue  of 
terms  in  the  same  manner  as  original  appointments.  The 
governor  shall  be  ex-officio  a  member  of  said  board. 

Sec.  2.  The  members  shall  act  without  compensation, 
but  shall  be  allowed  their  actual  necessary  expenses.  The 
said  board  may  appoint  a  secretary,  who  shall  receive  su<  h 
salary  as  may  be  determined  by  said  board,  not  to  exceed 
twenty-four  hundred  ($2400)  dollars  per  annum.  All  the 
expenses  of  said  board,  including  the  salary  of  the  secre- 
tary, shall  not  exceed  the  sum  of  six  thousand  ($6000) 
dollars  in  any  one  fiscal  year,  and  said  sum  of  six  thousand 
($6000)  dollars  is  hereby  appropriated  annually  therefor  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated. 
The  secretary  of  said  board  shall  execute  a  bond  in  the  sum 
of  five  thousand  ($5000)  dollars,  and  take  the  oath  of  office 
prescribed  by  the  Political  Code  for  the  executive  officers 
of  this  state.  The  board  shall  provide  itself  with  an  office 
in  the  city  and  county  of  San  Francisco.  Meetings  of  the 
board  may  be  held  at  such  times  and  in  such  places  in  the 
state  of  California  as  said  board  may  deem  fit.  It  may 
make  such  rules  and  orders  for  the  regulation  of  its  own  pro- 
ceedings as  it  may  deem  necessary,  and  may  fix  the  num- 
ber of  members  necessary  to  constitute  a  quorum.  The  fail- 
ure of  a  member  to  attend  three  consecutive  meetings  of 
said  board  during  any  calendar  year,  unless  excused  by  for- 
mal vote  of  the  board,  may  be  construed  by  the  governor  as 
a  resignation  of  said  non-attending  member. 

See.  3.  The  board  is  hereby  empowered  and  authorized, 
and  it  shall  be  its  duty  as  a  whole,  or  by  committee,  or 
by  its  secretary,  to  investigate,  examine,  and  make  reports 
upon  the  charitable,  correctional,  and  penal  institutions  of 
the  state,  including  the  state  hospitals  for  the  insane  of 
the  counties,  cities  and  counties,  cities  and  towns  of  the 
state,  and  such  public  officers  as  are  in  any  way  responsible 
for  the  administration  of  public  funds  used  for  the  relief 
or  maintenance  of  the  poor  in  public  institutions  or  of  any 
of  the  inmates  of  said  institutions.  All  the  persons  or  offi- 
cers in  charge  of  or  connected  with  such  public  institutions 
or  with  the  administration  of  said  funds  are  hereby  required 
to  furnish  to  the  board  or  its  committee  or  secretary  such 
information   and   statistics   as   they  may   request   or   require, 


Act  573,  §  4  CHARITIES    AND    CORRECTIONS.  M 

and  allow  said  board,  committee  or  secretary  free  access  to 
all  departments  of  such  institutions  and  to  all  of  their  rec- 
ords. In  order  to  secure  accuracy,  uniformity  and  coin 
pleteness  in  such  statistics  and  information,  the  board  may 
prescribe  such  forms  of  report  and  records,  by  the  state 
commission  in  lunacy  regarding  the  state  hospitals  for  tne 
insane  and  by  such  other  officers,  boards  or  institutions  as 
it  may  deem  necessary  and  also  such  forms  of  registration 
at  all  public  institutions  referred  to  in  this  section  as  it 
may  require.  The  state  commission  in  lunacy  on  behalf 
of  the  institutions  under  its  charge  and  the  officers  of  all 
other  institutions,  and  all  officers,  in  any  way  responsible 
for  public  funds  used  for  the  relief  of  the  poor  or  the 
maintenance  of  any  inmates  of  said  public  institutions,  are 
hereby  required  to  follow  such  forms,  records  and  regis- 
tration so  prescribed;  provided,  that  the  intent  of  this 
law  is  that  so  far  as  possible,  the  board  shall  make  use  of 
the  forms  of  report,  record  and  registration  now  obtaining 
in  the  state  commission  of  lunacy  and  other  state  boards 
and  institutions.  All  plans  of  new  buildings  or  parts  of 
buildings  for  any  of  the  public  institutions  coming  under 
the  provisions  of  this  act,  or  any  additions  or  alterations 
in  such  buildings,  shall,  before  their  adoption  by  the  proper 
officials,  be  submitted  to  the  board  for  suggestions  and  crit- 
icism. 

Sec.  4.  The  board  shall  have  the  power  to  issue  com- 
pulsory process  to  compel  the  attendance  of  any  witness 
before  said  board  or  any  member  thereof,  and  to  require 
the  production  of  such  books  or  papers  relating  to  any  pub- 
lic institution  mentioned  in  section  3  of  this  act  as  they 
may  deem  necessary;  provided,  that  no  witness  shall  be 
required  to  attend  before  said  board  out  of  the  county  in 
which  he  resides.  Any  member  of  said  board  shall  have 
power,  and  he  is  hereby  authorized  to  administer  an  oath 
to  any  and  all  witnesses  coming  before  said  board,  or  any 
member  thereof,  for  examination,  and  to  examine  such  wit- 
ness or  witnesses  in  reference  to  any  matter  relating  to 
public  institutions  mentioned  in  section  3  of  this  act  apper- 
taining to  the  inquiry  before  the  board,  or  said  member. 
Disobedience  of  a  subpoena  issued  by  said  board,  or  refusal 
to  be  sworn,  or  to  answer,  shall  subject  such  person  dis- 
obeying or  refusing  to  a  forfeiture  of  one  hundred  dollars, 
to  be  recovered  in  a  civil  action  brought  in  a  court  of  com- 
petent jurisdiction  by  said  board  in  its  name  as  plaintiff, 
the  money  recovered  to  be  appropriated  to  the  use  of  said 
board. 


89  CHEESE.  Act  578,  §  1 

Sec.  5.  No  provision  in  this  act  contained  shall  in  any 
way  be  construed  as  preventing  the  governor  of  this  state 
from  making  a  plenary  investigation  in  reference  to  the 
conduct  of  any  public  institutions  under  the  terms  of  any 
act  of  the  legislature  of  this  state.  Furthermore,  the  gov- 
ernor may  at  any  time  order  an  investigation  by  the  board, 
or  by  a  committee  of  its  members,  of  the  management  of 
the   above-named  institutions,  or  any   thereof. 

Sec.  6.  Three  months  prior  to  each  regular  session  of  the 
legislature,  the  board  shall  make  a  full  and  complete  re- 
port to  the  governor  of  all  its  transactions  during  the  pre- 
ceding two  years,  showing  fully  and  in  detail  all  expenses 
incurred  and  moneys  paid  out  by  it,  and  giving  a  list  of 
all  officers  and  agents  employed,  and  the  actual  condition 
of  all  institutions  under  its  supervision,  with  such  sug- 
gestions as  it  may  deem  necessary  and  pertinent,  and  with 
recommendations  for  legislative   and   executive   action. 

Sec.  7.  The  provisions  of  this  act  shall  not  apply  to.  the 
Veterans'  Home  of  California,  located  at  Tountville,  Napa 
County,  nor  to  the  "Woman's  Eelief  Corps  Home  at  Ever- 
green,  Santa   Clara  County. 

See.  8.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  9.  This  act  shall  be  in  force  and  take  effect  from 
and  after  its  passage. 


TITLE  82. 

CHEESE. 

ACT  578. 

An  act  defining  the  different  grades  of  cheese  and  for 
branding  the  same,  manufactured  in  the  state  of  Cali- 
fornia. 

[Stat,   approved  March  4,   1897;   Stats.   1897,  69.] 

Section  1.  Every  person  or  persons,  firm  or  corporation, 
who  shall  at  any  creamery,  cheese  factory,  or  private  dairy, 
manufacture  cheese  in  the  state  of  California,  shall,  at  the 
place  of  manufacture,  brand  distinctly,  and  durably  on  the 
bandage  of  each  and  every  cheese  manufactured,  and  upon 
the  package  or  box  when  shipped,  the  grade  of  cheese 
manufactured,    as   follows:   "California    full-cream    cheese," 


Act  578.  §§2-5  CHEESE.  90 

"California  half -skim  cheese,"  and  "California  skim 
cheese." 

•  Sec.  2.  All  brands  for  branding  the  different  grades  of 
cheese  shall  be  procured  from  the  state  dairy  bureau,  and 
said  bureau  is  hereby  directed  and  authorized  to  issue  to 
all  persons,  firms,  or  corporations,  upon  application  there- 
for, uniform  brands,  consecutively  numbered,  of  the  differ- 
ent grades  specified  in  section  one  of  this  act.  The  state 
dairy  bureau  shall  keep  a  record  of  each  and  every  brand 
issued,  and  the  name  and  location  of  the  manufacturer  re- 
ceiving the  same.  No  manufacturer  of  cheese  in  the  state 
of  California,  other  than  the  one  to  whom  such  brand  is 
issued,  shall  use  the  same,  and  in  case  of  a  change  of  loca- 
tion, the  party  shall  notify  the  bureau  of  such  change. 

Sec.  3.  The  different  grades  of  cheese  are  hereby  de- 
fined as  follows:  Such  cheese  only  as  shall  have  been  man- 
ufactured from  pure  milk,  and  from  which  no  portion  of 
the  butter  fat  has  been  removed  by  skimming  or  other 
process,  and  having  not  less  than  thirty  per  cent  of  butter 
fat,  shall  be  branded  as  "California  full-cream  cheese"; 
and  such  cheese  only  as  shall  be  made  from  pure  milk, 
and  having  not  less  than  fifteen  per  cent  of  butter  fat, 
shall  be  branded  "California  half -skim  cheese";  and  such 
cheese  only  as  shall  be  made  from  pure  skim-milk  shall 
be  branded  "California  skim  cheese";  provided,  that  noth- 
ing in  this  section  shall  be  construed  to  apply  to  "Edam," 
"Brickstein, "  "Pineapple,"  "Limburger, "  "Swiss,"  or 
hand-made  cheese,  not  made  by  the*  ordinary  Cheddar  pro- 
cess. 

Sec.  4.  No  person  or  persons,  firms  or  Corporations,  shall 
sell,  or  offer  for  sale,  any  cheese,  manufactured  in  the  state 
of  California,  not  branded  by  an  official  brand  and  of  the 
grade  defined  in  section  three  of  this  act. 

Sec.  5.  Whoever  shall  violate  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction  thereof,  be  punished  for  the  first  offense 
by  a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor 
more  than  fifty  dollars  ($50),  or  by  imprisonment  in  the 
county  jail  for  D~t  exceeding  twenty-five  days;  and  for 
each  subsequent  offense  by  a  fine  of  not  less  than  fifty  dol- 
lars ($50)  nor  more  than  one  hundred  dollars  ($100),  or 
by  imprisonment  in  the  county  jail  not  less  than  fifty  days 
nor  more  than  one  hundred  days,  or  by  both  such  'ine  and 
imprisonment,  at  the  discretion  of  the  court. 


91  CHICO— CHINESE.  Acts  583-590 

Sec.   6.     All   acts  or  parts   of   acts   inconsistent   with   this 
act  are  hereby  repealed. 

Sec.    7.     This   act   shall   take    effect    sixty   days   after   its 
passage. 


TITLE  83. 

CHICO. 

ACT  583. 

Statute  incorporating.     [Stats.  1871-2,  p.  11.] 

Amended  1871-2,  248.  Amended  and  supplemented  1873-4,  213. 
Further  amendments  and  supplemental  matters,  1875-6,  22;  1877-8,  456; 
1887,  63.  Superse-ded  by  incorporating.  In  1895,  under  Municipal  Gov- 
ernment  Act    o£  1883. 


TITLE  84. 

CHINESE. 
ACT  588. 

To    prevent    the    further    immigration    of    Chinese    or    Mon- 
golians to   this   state.     [Stats.   1858,  295.] 

This  act  does  not  appear  to  have  been  passed  on  by  the  supreme 
court,  although  it  is  undoubtedly  unconstitutional.  Under  any  cir- 
cumstances the  penal  portion  of  It  is  superseded  by  the  Penal  Code, 
sec.   6. 

ACT  589. 

To  protect  free  white  labor  from  competition  with  Chinese 
labor  and  to  discourage  the  immigration  of  Chinese. 
[Stats.  1862,  462.] 

This  act  imposed  a  police  tax  on  Chinese.  It  was  declared  un- 
constitutional  in   Lin   Sing  v.   Washburn,   20   Cal.   534 

ACT   590. 

To  prohibit  the  coming  of  Chinese  into  the  state,  whether 
.  the  subjects  of  the  Chinese  empire  or  not,  and  to  pro- 
vide for  registration  and  certificates  of  residence  and 
determine  the  status  of  all  Chinese  persons  now  resi- 
dent of  this  state,  and  fixing  penalties  and  punishments 
for  violation  of  this  act,  and  providing  for  deportation 
of  criminals.  [Stats.  1891,  p.  185.] 
Unconstitutional.     (Ex   parte    Ah    Cue,    101    Cal.    197.) 


Acts  591-604  CITY    ATTORNEY— CIVIL    RIGHTS.  yj 

ACT  591. 

To    prevent  the    importation    of    Chinese    criminals    and    to 

prevent  the    establishment    of    coolie    slavery.     [Stats. 

1869-70,  332.] 

ACT  592. 

To  prevent    the    kidnaping    and    importation  of  Mongolian, 
Chinese    a..d    Japanese   females    for   criminal    or   demor- 
alizing purposes.      [Stats.    1869-70,   330.] 
Superseded   by    Penal   Code,    sec.    174. 
Cal.    Rep.    Cit.     64,    236. 

ACT  593. 

For  the  suppression   of  Chinese  houses  of  ill-fame.     [Stats. 
1865-6,   641.     Amended    1873-4,   84.] 

Continued  In  force  by  Political   Code,  sec.  19;  Penal  Code,   sec.   23. 

The  amending  act  of  1873-4,   84,   Is  codified  by  amendment  of  Penal 
Cade,   adopted  1905.     See  Penal  Code,  sec.   315,   note. 

ACT  594. 

To   provide   for   the   removal   of   Chinese   outside   the   limits 
of  cities  and   towns.     [Stats.   1880,  p.  22.] 
Probably    unconstitutional. 


TITLE  85. 

CITY   ATTORNEY. 
ACT   599. 

To  provide  for  furnishing  assistants  to  city  and  city  and 
county  attorneys  in  every  city,  or  city  and  county  hav- 
ing a  population  of  one  hundred  thousand  or  over,  arid 
providing  for  their  mode  of  appointment  and  compen- 
sation. [Stats.  1891,  p.  95.] 
Superseded  as   to   San   Francisco  by   chap.    2   of  art.    V   of  its   charter. 


TITLE  86. 

CIVIL  RIGHTS. 
ACT  604. 

Making  it  unlawful  to  refuse  admission  to  places  of  amuse- 
ment.    [Stats.  1893,  p.  220.] 
See  post,  Act  4099. 


S3 


CLEAR    LAKE.  Acts  605-60? 


ACT  605. 

An  aet  to  protect  all  citizens  in  their  civil  and  legal  rights. 

[Stat,  approved  March  13,  1897;  Stats.  1897,  137.] 

Codified    by    amendment    of    Civil    Code,     adopted    1905.     See    Civil 
Code,    sec.    51,   note. 
Cal.   Rep.    Cit.     119,    602. 

Section  1.  That  all  citizens  within  the  jurisdiction  of 
this  state  shall  be  entitled  to  the  full  and  equal  accommo- 
dations, advantages,  facilities,  and  privileges  of  inns,  res- 
taurants, hotels,  eating-houses,  barber-shops,  bath-houses, 
theaters,  skating-rinks,  and  all  other  places  of  public  accom- 
modation or  amusement,  subject  only  to  the  conditions  and 
limitations  established  by  law  and  applicable  alike  to  all 
citizens. 

Sec.  2.  Whoever  shall  violate  any  of  the  provisions  of 
the  foregoing  section,  by  denying  to  any  citizen,  except 
for  reasons  applicable  alike  to  every  race  or  color,  and  re- 
gardless of  race  or  color,  the  full  accommodations,  advan- 
tages, facilities,  and  privileges  in  said  section  enumerated, 
or  by  aiding  or  inciting  such  denial,  or  whoever  shall  make 
any  discrimination,  distinction,  or  restriction  on  account  of 
color  or  race,  or  except  for  good  cause,  applicable  alike 
to  all  citizens  of  every  color  or  race  whatever,  in  respect 
to  the  admission  of  any  citizen  to,  or  his  treatment  in, 
any  inn,  restaurant,  hotel,  eating-house,  barber-shop,  bath- 
house, theater,  skating-rink,  or  other  public  place  of  amuse- 
ment or  accommodation,  whether  such  place  be  licensed  or 
not,  oi  whoever  aids  or  incites  such  discrimination,  distinc- 
tion, or  restriction,  shall,  for  each  and  every  such  offense, 
shall  be  liable  in  damages  in  an  amount  not  less  than  fifty 
dollars,  which  may  be  recovered  in  an  action  at  law  brought 
for  that  purpose. 

Sec.   3.     All   laws   or   parts  of   laws   in   conflict   with   this 
law  are  hereby  repealed. 


TITLE  87. 

CLEAE  LAKE. 
ACT  607. 
Clear   Lake,    in   Lake    County,    declared    navigable.      [Stats. 

1877-8,   p.   630.] 
See    Political    Code,    sec.    2S49,     from    which    this    lake    Is    omitted, 
and   this   statute,    apparently,    thereby    repealed. 


Acts  612-627 


ACT  612. 


CLOVERDALE-COLLEGE    CITY. 

TITLE  88. 
CLOVERDALE. 

Incorporating.     [Stats.    1871-2,   p.   164.] 


Amended    1871-2,    550;    1875-6,    171.     Superseded    by    incorporating    un- 
der Municipal   Government  Act  of  1883. 


TITLE  89. 
COAST  SURVEY. 
ACT   617. 

To  authorize  persons  engaged  in  the  TT.  S.  const  survey 
to  enter  upon  lands  within  the  state;  tn  protect  the 
operations  of  the  same  from  injury  and  molestation, 
and  to  ascertain  the  mode  of  assessing  damages  and 
to  punish  offenders.     [Stats.   1852,  p.  147.] 


TITLE  90. 

CODES. 

ACT  622. 

To  create  and  establish  a  commission  for  revising,  sys- 
tematizing, and  reforming  the  laws  of  this  state,  and 
for  the  appointment  of  the  members  of  snid  commis- 
sion, to  be  known  as  "The  commissioners  for  the  re- 
vision and  reform  of  the  law,"  and  to  prescribe  their 
powers  and  duties;  and  to  authorize  the  appointment 
of  a  secretary  and  stenographer  therefor;  and  to  pro- 
vide for  the  compensation  and  expenses  of  said  com- 
mission, secretary,  and  stonogrnnhcr,  and. to  inr/ro^r'ate 
money  therefor.  [Approved  March  28,  1895;  Stats. 
1895,  345.     In  effect  immediately.] 

Amended  1903,   479;   1905,   403. 


TITLE  91. 

COLLEGE   CITY. 
ACT  627. 

College  City,  Colusa  County,  prohibiting  sale  of  intoxi- 
cating liquors  within  one  mile  of.  [Stats.  1875-6,  p. 
691.] 


95  COLLEGES— COLOMA.  Acts  632-f.TJ 

TITLE  92. 

COLLEGES. 
ACT  632. 

To  provide  for  the  incorporation  of  colleges.     [Stats.   1850, 
p.    273.] 

Amended  1855,  110;  1867-8,  69,  218;  1869-70,  419;  1873-4,  85.  Supp. 
1863,    775;   1871-2,    10. 

Cal.    Rep.    Cit.    49,   461. 

"This  and  other  acts  relating1  to  corporations  were  repealed  by 
sees.  288,  649  et  seq.,  Civil  Ccrde.  except  that  corporations  pre-existing 
the  code  remain  subject  to  the  laws  under  which  they  were  formed, 
but  new  corporations  cannot  be  created  under  such  laws  (Murphy  v. 
Pacific  Bank,  119  Cal.  334),  and  we  apprehend  that  all  amendments  to 
them  made  after  the  enactments  of  the  codes  were  invalid,  or  at  least 
not  applicable  to  any  corporation  formed  after  the  adoption  of  that 
code,  because  they  were  to  acts  which  had  already  been  repealed."— 
Code   Commissioners'   Note 

ACT  633. 

Providing  for  the  incorporation  of  institutions  of  learning, 
'science,   and   art.     [Stats.   1867-8,   p.   204.] 
Repealed,    sec.    288.    Civ.    Code. 
See  note  to  act  632,   ante. 

ACT  634. 

Expressing  assent  of  the  state  of  California  to  the  act 
of  congress,  approved  August  thirtieth,  eighteen  hun- 
dred and  ninety,  entitled  "An  act  to  apply  a  por- 
tion of  the  proceeds  of  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts  estab- 
lished under  the  provisions  of  an  act  of  congress, 
approved  July  second,  eighteen  hundred  and  sixty- 
two,"  and  to  the  purposes  f  the  grants  of  moneys 
authorized  thereby,  and  to  all  the  provisions  thereof. 
[Approved  March  31,  1891.  Stats.  1891,  p.  458.] 
The   object   of   the   act   sufficiently   appears   from    the   title. 


TITLE  93. 

COLOMA. 
ACT  639. 

Incorporating    Coloma.     [Stats.     1858,    p.    207.] 


Acts  640-651  COLTON   HALL— COLUSA   COUNTY.  JB 

TITLE  94. 

COLTON    HALL. 

ACT  640. 

To  provide  for  the  appointment  of  a  board  of  Colton  Hall 
trustees,  and  for.  the  leasing  of  the  Colton  Hall  prop- 
erty, and  providing  for  an  appropriation  for  the  pres- 
ervation, protection,  and  improvement  of  said  prop- 
erty.    [Approved    March    25,    1903. _  Stats.    1903,    435.] 


TITLE  95. 

COLUSA  COUNTY. 
ACT  645. 

Protecting    agriculture    and    preventing    trespassing    of    ani- 
mals.    [Stats.    1871-2,   j.   685.] 

Amended   1S73-4,    760.     Modified,    if  not   repealed,    by  the   estray   law, 
1897.   198;   1901,   603,   chap.    CXCVII. 

ACT  646. 

To   develop   agricultural   interests   and   aid   the   construction 

of  a  canal  in  Colusa,  Solano,  and  Yolo  counties'      TStats 

1865-6,  451.] 

ACT  647. 

Approval  of  official  bonds.     [Sfats.  1877-8,  p.  77.] 
Repealed    1877-8,    113 

ACT  648. 

Fixing  amount  of  official  bonds  in.     [Stats.  1877-8,  p.  569.] 
Repealed   by  County    Government  Act,   1897,   475,   sec.    66. 

ACT  649. 

To   provide   for  the  drainage   of  certain  lands  in  the   coun- 
ties of  Colusa  and   Yolo.     [Stats.    1877-8,   p.   1037.] 

ACT  650. 

Partition   fences   in.     [Stats.    1875-6,   p.    207.] 

ACT  651. 

Fees    of    office    and    salaries    of    certain    officers,    regulating 
and   repealing   prior   acts.     [Stats.    1873-4,    p.    873.] 

Repealed   by   the   fee   bill   of   1895,    26?,    and   by    County   Government 
Act,    1897,    452. 


97  COLUSA    COUNTY.  Acts  652-660 

ACT  652. 

Fees  and  salaries  of  officers  of.     [Stats.   1877-8,  p.  36.] 

Repealed  as  to  salary  by  County  Government  Act,  1897,  555,  sec. 
196,  and  by  fee  bill  of  1S95,  267,  as  to  the  fees  of  the  officers  therein 
named. 

ACT  653. 

Additional   tax   for   judges'   and    district    attorneys'    salary 
fund.      [Stats.   1871-2,  p.  98.} 

Probably  rendered  inoperative  by  the  constitution,  which  abol- 
ished  the   office   of  county  judge. 

ACT  654. 

Justices  of  the   peace  in.     [Stats.    1877-8,   p.   782.] 

Repealed  by  fee  bill   of  1895,   272. 

ACT  655. 

Public  roads  in.     [Stats.  1871-2,  p.  826.] 

Repealed  1883,   5,   chap.  X,   sec.  2. 

ACT  656. 

Yolo  and   Colusa  counties,   public  road   along  boundary  line 
between,  establishing.     [Stats.   1873-4,  p.   213.] 

ACT  657. 

Establishing,    maintaining    and    protecting    public    and    pri- 
vate roads  in.     [Stats.  1873-4,  p.  621.] 

Amended  1875-6,  401,  481;  1877-8,  327.  Repealed  1883,  6,  chap.  X, 
se^..  2. 

ACT  658. 

Additional   powers   of   supervisors.     [Stats.    1877-8,   p.   563.] 
Repealed   by   County    Government  Act,    1897,    452. 

ACT  659. 

To  confer  certain  powers  on  supervisors  of.     [Stats.  1877-8, 
p.  567.] 
Repealed   by    County    Government    Act,    1897,    452. 

ACT  660. 

Quieting  title   to   certain  lands  in.     [Stats.   1873-4,   p.   818.] 

This   act   released   to   the   United    States   government   lands    sold  *to 
actual   settlers  by   the   United   States. 
Gen.  Laws— 7 


Acts  665-681  COLUSA,     TOWN    OF— COMMON     LAW.  98 

TITLE  96. 

COLUSA,   TOWN  OF. 
ACT  665. 

Incorporating.     [Stats.    1875-6,    p.    669.1 

Amended    1877-8,    248. 

ACT  666. 

Issuance    of    bonds    for    road    purposes.     [Stats.    1877-8,    p. 

369.] 

Amended  1880,   9. 


COMMEECE. 
See  title   Chambers   of   Commerce. 


TITLE  97. 

COMMISSIONERS  IN  EQUITY. 
ACT  671. 

For  the  appointment  of  commissioners  in  equity.  [Stats. 
1861,   p.    183.] 

Repealed  by  Political  Code  and   Code  of  Civil  Procedure. 

This  act  provided  for  the  appointment  of  commissioner!  In  equity 
to  take  testimony   in  equity  cases. 


TITLE  98. 

COMMISSIONERS  OF  TRANSPORTATION. 

ACT  676. 

To   create   the  office  of  commissioner  of  transportation,  etc 
[Stats.   1877-8.   p.   969.] 

Codified  -by  amendment  of  Penal  Code,  adopted  1905.  See  Penal 
Code,    §   369b,    note;    §   369d,   note. 

The  cade  commissioners  of  1901  say  this  act  was  repealed  by  the 
constitution  of  1879.  See,  however,  Dyer  v.  Placer  County,  90  Cal. 
276,    278;    Giesecke   v.    San   Joaquin    County,    109   Cal.    489. 


TITLE  99. 

COMMON  LAW. 
ACT   681. 

Adopting  the  common  law.     [Stats.  1850,  219.] 

Re-enacted    in    Political    Code,    sec.    4468. 
Cal.   Rep.   Cit.     42,   167;   69,    337;   69,  379;   69,   380;  83,   618;   141,   121;   146,   31S. 


39  CONGRESS— CONSTABLES.  Acts  686-tia'i 

TITLE   100. 

CONGEESS. 
ACT    686. 

To    divide    the    state    of    California    into    congressional    dis- 
tricts.     [Approved  March  11,  1891.     Stats.  1891,  p.  84.] 
Cal.    Rep.    Cit.    125,   624. 

This   act   was   superseded    by    the   following   act: 

ACT  687. 

To  divide  the  state  into  congressional  districts,  and  pro- 
vide for  the  election  of  members  of  the  house  of  rep- 
resentatives of  the  United  States  therein.  [Approved 
March  23,  1901.     Stats.  1901,  548.] 


TITLE   101. 

CONSPIRACY. 
ACT   692. 

To  limit  the  meaning  of  the  word  "conspiracy,"  and  also 
the  use  of  "restraining  orders"  and  "injunctions,"  as 
applied  to  disputes  between  employers  and  employees 
in  the  state  of  California.  [Approved  March  20,  1903. 
Stats.  1903,  2S9.] 

This  act  Is   set  out  in  full  In   the   Appendix  to  the   Penal   Code,    p.    S81. 

ACT    693. 

Making  a  conspiracy  to  commit  any  crime  against  the  per- 
son of,  or  an  attempt  to  kill  or  commit  any  assault  upon, 
the  president  or  vice-president  of  the  United  States,  the 
governor  of  any  state  or  territory,  any  United  States 
justice  or  judge,  or  the  secretary  of  any  executive  de- 
partment of  the  United  States,  a  felony;  and  providing 
a  penalty  therefor.  [Approved  February  28,  1903. 
Stats.  1903,  58.] 

This  act  Is  set   out  In   full   in   the   Appendix   to   the   Penal   Code,    p.    582. 


TITLE   102. 
CONSTABLES. 
ACT   698. 
Constables,  legalizing  official  acts  of  certain.     [Stats.  1873- 

4,  p.   700.] 

This    act    validated    the    acts    of    constables    elected    between    the 
fltrst  Monday   of  January    and   the   first   Monday  of  March,    1874. 


Acta  703-714    CONSTITUTION— CONTRA    COSTA    COUNTY.  100 

TITLE  103. 

CONSTITUTION. 

ACT  703. 

Recommending  to  electors  to  vote  for  or  against  a  con- 
vention to  revise  and  change  the  constitution.  [Stats. 
1873-4,   732.] 

ACT  704. 

To   provide   for   a  convention   to   frame   a   new   constitution 

for  the  state  of  California.     [Approved  March  30,  1878; 

1877-8,  759.] 

ACT   705. 

To  provide  for  the   submission  of   amendments   to   the   con- 
stitution.     [Stats.    1883,    p.   53.] 
Repealed  1899,   24. 
Cal.    Rep.    Cit.    69,   488;   102,   125;   126,   410;   130,   91. 

The  section  in  the  repealing  act  purporting  to  re-enact  the  first 
section  of  the  act  of  1883  is  unconstitutional.  (People  ex  rel.  Attorney- 
General  v.   Curry,   130  Cal.   83. 


TITLE   104. 
CONTRA   COSTA    COUNTY. 
ACT  710. 

Assessors    of,    compensation    of    for    collection    of    personal 

property  taxes.     [Stats.  1875-6,  p.  529.] 

Superseded  by  the   County  Government  Act,   1897,   536,   sec.  183. 

ACT  711. 

Fences  in.     [Stats.  1858,  p.  40.] 
Supplemented  1861,   277. 

ACT   712. 

Fences  in.     [Stats.  1861,  p.  277.] 
Supplementing   statute   of   1858. 

ACT  713. 

Justices  of  the  peace  in,  fees  of.     [Stats.   1877-8,   p.   269.] 

Repealed  by  fee  bill  of  1895,   272. 

ACT  714. 

Fees  of  office   and  compensation  of  officers.     [Stats.   1875-6, 

p.  84.] 

Repealed  by  fee  bill  of  1895,   267,  as  to  officers  therein  named. 


101  CONTRA   COSTA   COUNTY.  Acts  715-714 

ACT    715. 

Salaries    and    compensation    of    officers    of.      [Stats.    1875-6, 
p.    91.] 

Repealed   by  County    Government   Act,    1897,    536,    sec.    1S3. 

ACT  716. 

To  provide  for  the  appointment  of  three  additional  notaries 
public   for.     [Stats.   1871-2,  46.] 
Superseded  by  Political   Code,    sec.   791. 

ACT   717. 

Public   administrator   authorized   to   act   as   coroner.      [Stats. 
1871-2,    p.    170.] 
Probably  repealed  by  County   Government  Act,   1897,   473,   sec.   55. 

ACT  718. 

Concerning   bonds   of   public    administrator.     [Stats.    1871-2, 
p.   183.] 
Superseded  by   County   Government  Act,   1897,   475,   sec.    66. 

ACT   719. 

Roads    and   highways   in.      [Stats.    1871-2,   p.    779.] 
Repealed   1873-4,    170. 

ACT  720. 

To  repeal  all  special  road  laws  in  the  county  of  Contra  Costa. 
[Stats.  1873-4,  170.] 

ACT  721. 

Eoads  and  highways  in.     [Stats.  1875-6,  p.  237.] 
Amended  1877-8,   611.     Repealed  1883,  5,  chap.   X,   sec.  2. 
Cal.    Rep.    Cit.    67,    78. 

ACT  722. 

Quieting    title    to     certain    salt-marsh    and    tide    lands    in. 
[Stats.   1873-4,  p.   616.] 

ACT  723. 

Fixing  bonds  of  sheriff  of.     [Stats.  1871-2,  p.  158.] 
Superseded  by  County   Government   Act,    1S97,   475,    sec.   66. 

ACT   724. 

To   provide    for   the    extermination    of    squirrels   in.      [Stats. 
1877-8,   p.   815.] 
Superseded  by  subd.   26,   sec.   25,   County  Government  Act,    1897,    466. 


Acts  725-739  CONTROLLER— CONVICTS.  1 

ACT  725. 

School  moneys,  distribution  of.      [Stats.  1877-8,  p.  182.] 
Repealed  by  Political  Code,   sec.   1858,  as  amended  1893,   264. 


TITLE   105. 

CONTEOLLEE. 
ACT  730. 

Authorizing  the  appointment  of  an  additional  clerk  by  the 
controller.     [Stats.   1895,  p.  67.] 
Repealed  1899,   146. 

ACT   731. 

Creating  the  office  of  expert  to  the  controller  and  prescrib- 
ing his  compensation.      [Stats.   1899,  p.   146.] 


TITLE   106. 
CONVICTS. 
ACT  736. 

Concerning   the   payment  of   the   costs   and   expenses  of  the 
trial  of   convicts   for   crimes   committed  in  state   prison 
and   the   payment   of   the   costs   of  the   trial  of   escaped 
convicts.      [Stats.    1873-4,   43.] 
See  act  of  1880,   43,   post,   title  Costs. 

ACT  737. 

To    prevent    the    importation    of    convicts    into    this    state. 
[Stats.   1850,  p.  202.] 
Superseded  by  Penal   Code,   sees.  173,   175. 

ACT   738. 

Providing  for  furnishing  sheriffs  and  chiefs  of  police  of 
certain  information,  description,  and  photographs  of 
convicts  about  to  be  discharged  by  the  wardens  of  state 
prisons.  [Stats.  1897,  213.  Eepealed  1905,  532.  See 
post,  Act  739.] 
In  full  In  the  Appendix  to  the  Penal  Code,  p.   583. 

ACT  739. 

An  act  requiring  the  wardens  of  the  state  prisons  of  Cali- 
fornia to  furnish  the  sheriffs  of  California  and  the 
bureaus  of  identification  with  certain  information  con- 
cerning convicts  within  thirty  days  after  receiving  said 


103  CO-OPERATIVE    ASSOCIATIONS— CORONERS.    Acts  743-749 

convicts,  and  providing  for  payment  of  the  expenses  in- 
curred thereby. 

[Approved  March  20,  1905.     Stats.  1905,  p.  532.] 

Section  1.  The  wardens  of  the  state's  prisons  of  the  State 
of  California  shall  within  30  days  after  receiving  all  per- 
sons convicted  of  crime  and  sentenced  to  terms  in  their 
several  prisons  and  to  the  sheriffs  of  the  State  of  California 
and  legalized  bureau  of  identification,  photographs  and  min- 
ute description  of  such  convict.  Together  with  minute  de- 
scription of  his  person  and  marks  of  identification,  to- 
gether with  a  statement  of  the  nature  of  the  crime  he  is 
imprisoned  for. 

Sec.  2.  Any  expenditures  incurred  in  carrying  out  the 
provisions  of  this  act  shall  be  paid  for  out  of  the  appropria- 
tion made  for  the  support  of  state 's  prison. 

Sec.  3.  This  act  shall  be  in  effect  immediately  and  be 
enforced  from  and  after  its  passage  and  repeals  an  act  ap- 
proved March  27th,  1897,  on  page  213,  214  of  Statutes  and 
Amendments    to    the    Codes    of    California    of    1897. 

CO-OPERATIVE   ASSOCIATIONS. 
ACT  743. 

Defining    and    providing   for    the    organization    and    govern- 
ment    of     co-operative     business     corporations.      [Stats. 
1877-8,  p.   883.] 
Superseded  by  1895,  221. 
Codified   In   part   by   amendments   of  Civil    Code,    adopted    1905.     Bee 

Civil   Code,    §   653a,    note. 

ACT    744. 

To    provide    for   the    incorporation,    operation,    and    manage- 
ment of  co-operative  associations.      [Stats.  1895,  p.  221.] 
This  act  appears  in  full  In  Civil  Code,   1903,   Appendix,  p.   694. 
Codified    by    amendments    of    Civil    Code,    adopted    1905.     See    Civil 

Code,    §   653b,   note. 

CORONERS. 

ACT  749. 

Concerning  the  attendance  of  physicians  and  surgeons  in 
certain  cases  and  to  provide  payment  for  making  chemi- 
cal and  post-mortem  examinations.  [Stats.  1871-2,  81.] 
Sections    1   and    2    of   this   act   are    probably   superseded    by    §    1512, 

Penal   Code,   if  not  already  superseded  by  County   Government  Act  1897, 

§    12.     See  note   to   §    1512,    Penal   Code. 

This  act  appears   in   full  in   Penal   Code,   1903,    Appendix,    p.    588. 


Acts  750-757  CORPORATIONS.  104 

ACT  750. 

Concerning   the   payment   of   expenses   of   coroners'   inquests 
in  state's  prison.     [Stats.  1S80,  p.  43.] 
It  is  in  full  in   the  Penal  Code,   Appendix,   p.   588. 

ACT  751. 

Providing   for  the   appointment  by   the   coroner  in   countus 
of  the  first  class  of  a  physician  for  the  purpose  of  per- 
forming     autopsies,     and      fixing      their     compensation. 
[Stats.  1895,  p.  52.] 
In   full   in   the   Penal   Code,    Appendix,    583. 

ACT  752. 

To  provide  for  furnishing  assistants  to  the  coroner  of  each 
city,  or  city  and  county  having  one  hundred  thousand 
or  more  inhabitants,  and  providing  the  mode  in  which 
such  assistants  shall  be  appointed  and  designated,  and 
establishing  the  compensation  and  prescribing  the  du- 
ties of  such  assistants.  [Approved  March  23,  1893. 
Stats.  1893,  190.] 

As   to   San   Francisco,   superseded  by   the   charter. 
•    In   full  In  the  Penal   Code,    Appendix,    p.   586. 

ACT  753. 

Providing  an  official  stenographic  reporter  to  the  coroners 
of  cities,  and  cities  and  counties,  having  a  population 
of  one  hundred  thousand  or  more  inhabitants;  pro- 
viding the  mode  of  appointment,  establishing  the  com- 
pensation, and  fixing  the  duties.  [Stats.  1895,  p.  168.] 
Superseded  as  to  San  Francisco  by  its  charter. 
In   full    in   Penal   Code,    Appendix,    p.    584. 

ACT  754. 

Coroners   and   elisors,   fees   of.     [Stats.   1873-4,   p.    794.] 
Superseded   by   County    Government    Act,   1897,    481,    sec.    105. 


TITLE  109. 
COEPORATIONS. 
ACT  757. 

An  act  relating  to  revenue  and  taxation,  providing  for  a  li- 
cense tax  upon  corporations,  and  making  an  appropria- 
tion for  the  purpose  of  carrying  out  the  objects  of  this 
act. 

[Approved  March  20,  1905.     Stats.  1905,  p.  493.] 
See   act   of   757a   for   amendments. 


104a  CORPORATIONS.  Act  757,  §§  1-3 

Section  1.  No  corporation  heretofore  or  hereafter  incor- 
porated under  the  laws  of  this  state,  or  any  other  state, 
shall  do  or  attempt  to  do  any  business  by  virtue  of  its 
charter  or  certificate  of  incorporation,  in  this  state,  without 
a  state  license  therefor. 

Sec.  2.  Upon  every  corporation  which  has  heretofore  ob- 
tained, or  which  shall  hereafter  obtain  a  charter  of  certifi- 
cate of  incorporation  from  this  state,  or  any  foreign  corpora- 
tion heretofore  or  hereafter  incorporated  and  doing  business 
in  this  state,  there  shall  be  an  annual  license  tax  of  ten  dol- 
lars, to  be  paid  between  the  first  Monday  in  July  and  the 
first  Monday  in  August  of  each  year,  to  the  secretary  of 
state,  who  shall  pay  the  same  into  the  state  treasury,  to 
be  paid  into  the  general  fund  of  the  state. 

Sec.  3.  Any  corporation  formed  under  the  laws  of  this 
state  which  shall  fail  to  pay  the  tax  provided  for  in  the 
last  two  sections,  shall,  because  of  such  failure,  forfeit  its 
charter  to  the  state,  and  any  foreign  corporation  which  shall 
fail  to  pay  the  tax  provided  for  in  the  last  two  sections, 
shall,  because  of  such  failure  forfeit  the  right  to  do  business 
in  this  state. 

Sec.  4.  It  shall  be  the  duty  of  the  secretary  of  state  on 
the  first  Monday  of  October  in  each  year  to  report  to  the 
governor  a  list  of  all  the  corporations  which  have  failed, 
neglected  or  refused  to  pay  the  said  license  tax,  and  the 
governor  shall  forthwith  issue  his  proclamation,  declaring 
under  this  act  of  the  legislature,  that  the  charters  of  do- 
mestic corporations  will  be  forfeited,  and  the  right  of  for- 
eign corporations  to  do  business  in  this  state  will  be  for- 
feited unless  payment  of  said  license  tax  is  made  as  above 
required  within  sixty  days  from  date  of  said  proclamation, 
together  with  a  penalty  of  five  dollars  in  addition  thereto. 

Sec.  5.  Said  proclamation  on  the  day  of  its  date  shall 
be  filed  in  the  office  of  the  secretary  of  state,  and  within 
five  days  thereafter  said  secretary  of  state  shall  transmit 
a  certified  copy  of  said  proclamation  to  the  county  clerk  of 
each  county  in  this  state,  who  shall  file  the  same  in  his 
office.  Said  secretary  of  state  shall  also  within  five  days 
from  the  date  of  said  proclamation,  cause  a  copy  thereof 
to  be  published  in  *>ne  issue  of  two  daily  newspapers,  to  be 
selected  by  the  governor. 

Sec.  6.  At  the  expiration  of  said  sixty  days  from  the 
date  of  said  proclamation,  the  charters  of  all  domestic  cor- 
porations who  have  not  complied  with  the  provisions  of  this 


Act  757,   §§  7-11  CORPORATIONS.  104b 

act  and  paid  said  tax,  shall  be  forfeited  to  the  State  of 
California,  and  all  foreign  corporations  who  have  not  com- 
plied with  the  provisions  of  this  act  and  paid  said  tax,  shall 
forfeit  the  right  to  do  business  in  this  state. 

Sec.  7.  Nothing  in  this  chapter  shall  be  construed  as  im- 
posing a  license  tax  on  educational,  religious,  scientific,  char- 
itable, or  any  corporation  which  is  not  organized  for  pecuni- 
ary profit. 

Sec.  8.  Within  six  months  after  the  date  of  said  gov- 
ernor's proclamation,  the  secretary  of  state  shall  compile  a 
statement  of  the  domestic  corporations  whose  charters  have 
been  so  forfeited,  and  of  the  foreign  corporations  whose 
right  to  do  business  in  this  state  has  been  forfeited,  and  he 
shall  furnish  a  certified  copy  thereof  to  each  county  clerk 
in  this  state,  who  shall  file  the  same  in  his  office. 

Sec.  9.  Any  person  or  persons  who  shall  exercise  any 
powers  under  the  charter  of  any  such  corporation  after  the 
same  shall  become  forfeited  to  the  state,  and  any  person 
or  persons  who  shall  exercise  any  powers  of  a  foreign  cor- 
poration which  shall  have  forfeited  its  right  to  do  business 
in  this  state,  shall  be  guilty  of  a  misdemeanor. 

Sec.  10.  There  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated  the  sum  of 
twenty-seven  thousand  ($27,000)  dollars,  for  the  purpose  of 
carrying  out  the  objects  of  this  act,  to  be  used  by  the  secre- 
tary of  state  in  the  employment  of  a  license  superintendent 
and  cashier;  one  permanent  clerk;  such  other  clerks  from 
time  to  time  as  may  be  necessary;  for  the  purchase  of  the 
necessary  desks,  furniture,  stationery,  books,  postage,  and 
for  the  necessary  printing,  ruling,  binding  and  materials 
furnished  by  the  state  printing  office,  and  for  all  other  neces- 
sary incidental  expenses,  to  be  used  and  expended  during 
the  balance  of  the  fifty-sixth,  and  during  the  fifty-seventh, 
and  fifty-eighth,  fiscal  years,  and  the  state  controller  is  here- 
by directed  to  draw  his  warrant  for  any  claim  against  said 
amount,  the  same  having  been  approved  by  the  state  board 
of  examiners,  and  the  treasurer  is  hereby  directed  to  pay  the 
same. 

See.  11.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


104c  CORPORATIONS.  Act  757a,  §  §  1,  2 

ACT   757a. 

An  act  to  amend  an  act  entitled  "An  act  relating  to  revenue 
and  taxation,  providing  for  a  license  tax  upon  corpora- 
tions, and  making  an  appropriation  for  the  purpose  of 
carrying  out  the  objects  of  this  act,"  approved  March 
20,  1905,  by  amending  sections  one,  two,  three,  four,  five, 
six,  seven,  eight  and  nine  thereof,  and  by  adding  two 
new  sections  thereto,  to  be  known  as  sections  10a  and 
10b,  relating  to  a  license  tax  upon  corporations,  and 
making  provision  for  settling  the  affairs  of  corporations 
where  said  tax  has  not  been  paid,  and  providing  a  pen- 
alty for  the  violation  thereof. 

[Approved  June  13,  1906.] 

The  people  of  the  State  of  California  represented  in  sen- 
ate and  assembly  do  enact  as  follows: 

Section  1.  Section  one  of  an  act  entitled  "An  act  relating 
to  revenue  and  taxation,  providing  for  a  license  tax  upon  cor- 
porations, and  making  an  appropriation  for  the  purpose  of 
carrying  out  the  objects  of  this  act,"  approved  March  20, 
1905,  is  hereby  amended  so  as  to  lead  as  follows: 

Section  1.  No  corporation  heretofore  or  hereafter  incor- 
porated under  the  laws  of  this  state,  or  of  any  other  state, 
shall  do  or  attempt  to  do  business  by  virtue  of  its  charter 
or  certificate  of  incorporation,  in  this  state,  without  a  state 
license  therefor. 

Sec.  2.  Section  two  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  2.  It  shall  be  the  duty  of  every  corporation  in- 
corporated under  the  laws  of  this  state,  and  of  every  foreign 
corporation  now  doing  business,  or  which  shall  hereafter 
engage  in  business  in  this  state,  to  procure  annually  from  the 
secretary  of  state  a  license  authorizing  the  transaction  of 
such  business  in  this  state,  and  shall  pay  therefor  a  license 
tax  or  fee  of  twenty  dollars,  which  said  license  tax  or  fee 
shall  be  due  and  payable  on  the  first  day  of  July  of  each 
and  every  year  to  the  secretary  of  state,  who  shall  pay  the 
same  into  the  state  treasury.  If  not  paid  on  or  before  the 
hour  of  four  o'clock  P.  M.  of  the  first  day  of  September 
next  thereafter,  the  same  shall  become  delinquent  and  there 
shall  be  added  thereto,  as  a  penalty  for  such  delinquency, 
the  sum  of  ten  dollars.  The  license  tax  or  fee  hereby  pro- 
vided authorizes  the  corporation  to  transact  its  business 
during  the  year  or  for  any  fractional  part  of  such  year  in 


Act  757a,  §  §  3-6  CORPORATIONS.  104(1 

■which  such  license  tax  or  fee  is  paid.  "Tear,"  within  the 
meaning  of  this  act,  means  from  and  including  the  first  day 
of  July  to  and  including  the  thirtieth  day  of  June  next 
thereafter. 

Sec.  3.  Section  three  of  said  act  is  hereby  amended  so  as 
to  read  as  follows: 

Section  3.  The  secretary  of  state  shall,  on  or  before  the 
loth  day  of  September  in  each  year,  report  to  the  governor 
of  the  state  a  list  of  all  corporations  which  have  become  de- 
linquent, as  provided  in  section  two  of  this  act,  and  the 
governor  shall  forthwith  issue  his  proclamation,  declaring 
under  this  act  that  the  charters  of  such  delinquent  domestic 
corporations  wrill  be  forfeited  and  the  right  of  such  foreign 
corporations  to  do  business  in  this  state  will  be  forfeited 
unless  payment  of  said  license  tax,  together  with  the  penalty 
for  such  delinquency,  as  hereinbefore  provided,  be  made  to 
the  secretary  of  state  on  or  before  the  hour  of  four  o  'clock 
P.  M.  of  the  thirtieth  day  of  November  next  following. 

Sec.  4.  Section  four  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  4.  Said  proclamation  shall  be  filed  immediately 
in  the  office  of  the  secretary  of  state,  and  said  secretary  of 
state  shall  immediately  cause  a  copy  of  said  proclamation  to 
be  published  in  one  issue  of  each  of  two  daily  newspapers  to 
be  selected  by  the  governor. 

See.  5.  Section  five  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  5.  At  the  hour  of  four  o'clock  P.  M.  of  the 
thirtieth  day  of  November  each  year  the  charters  of  all 
delinquent  domestic  corporations  which  have  failed  to  pay 
the  said  license  tax,  together  with  said  penalty  for  such  de- 
linquency, shall  be  forfeited  to  the  state  of  California,  and 
the  right  of  all  delinquent  foreign  corporations  to  do  busi- 
ness in  this  state  which  have  failed  to  pay  said  license  tax, 
together  with  the  penalty  for  such  delinquency,  shall  be  like- 
wise forfeited. 

Sec.  6.  Section  six  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  6.  Any  corporation  which  failed  to  pay  the  license 
tax  and  penalty  required  by  the  act  of  which  this  act  is 
amendatory,  may  between  the  first  day  of  July,  1906,  and 
the  hour  of  four  o  'clock  P.  M.  of  the  first  day  of  September, 
1906,  pay  the  said  license  tax  and  the  penalty,  together  with 


lOie  CORPORATIONS.  Act  757a,  §  7 

the  license  tax  prescribed  in  section  one  of  this  act  and 
any  such  corporation  making  such  payment  shall  be  relieved 
from  the  forfeiture  prescribed  by  the  act  of  which  this  act 
is  amendatory,  and  all  persons  exercising  the  powers  of  any 
such  corporation  making  such  payment  shall  be  relieved  from 
the  provisions  of  section  nine  of  said  act  of  which  this  act  is 
amendatory,  and  the  secretary  of  state  shall  immediately 
after  the  first  day  of  September,  1906,  transmit  to  the  county 
clerk  of  each  county  in  this  state  a  list  of  the  corporations 
so  paying  pursuant  to  the  provisions  of  this  section,  which 
list  shall  be  by  said  county  clerk  filed  in  his  offiee;  pro- 
vided, that  in  case  the  name  of  any  corporation  which 
has  suffered  the  forfeiture  prescribed  by  the  act  of  which 
this  act  is  amendatory,  or  a  name  so  closely  resembling 
the  name  of  such  corporation  as  will  tend  to  deceive,  has 
been  adopted  by  any  other  corporation  since  the  date  of 
said  forfeiture  then  said  corporation  having  suffered  said 
forfeiture  shall  be  relieved  therefrom  pursuant  to  the  terms 
of  this  section  of  this  act  only  upon  the  adoption  by  said 
corporation  seeking  revivor  of  a  new  name,  and  in  such  case 
nothing  in  this  act  contained  shall  be  construed  as  permitting 
such  corporation  to  be  revived  or  carry  on  any  business  under 
its  former  name;  and  such  corporation  shall  have  the  right  to 
use  its  former  name  or  take  such  new  name  only  upon  filing 
an  application  therefor  with  the  secretary  of  state  and  upon 
the  issuing  of  a  certificate  to  such  corporation  by  the  secretary 
of  state  setting  forth  the  right  cf  such  corporation  to  take 
such  new  name  or  use  its  former  name  as  the  ease  may  be; 
provided,  however,  that  the  secretary  of  state  shall  not  issue 
any  certificate  permitting  any  corporation  to  take  or  use 
the  name  of  any  corporation  heretofore  organized  in  this 
state  and  which  has  not  suffered  the  forfeiture  prescribed 
by  the  act  of  which  this  act  is  amendatory  or  to  make  or 
use  a  name  so  closely  resembling  the  name  of  such  corpora- 
tion heretofore  organized  in  this  state,  as  will  tend  to  de- 
ceive. The  provisions  of  title  eleven  part  three  of  the  Code 
of  Civil  Procedure  in  so  far  as  they  conflict  with  this  section 
of  this  act  are  not  applicable  to  corporations  seeking  revivor 
under  this  act. 

Sec.  7.  Section  seven  of  said  act  is  hereby  amended  so 
as  to  read  as  follows: 

Section  7.  All  educational,  religious,  scientific  and  char- 
itable corporations,  and  all  corporations  which  are  not  or- 
ganized for  pecuniary  profit,  are  exempt  from  the  provisions 
of  this  act. 


Act  757a,  §§  8-10a  CORPORATIONS.  104f 

Sec.  8.  Section  eiglit  of  said  act  is  hereby  amended  so 
as  to  read  as  follows: 

Section  8.  On  or  before  the  thirty-first  day  of  December 
of  each  year  the  secretary  of  state  shall  make  a  list  of  all 
domestic  corporations  whose  charters  have  been  so  forfeited 
and  of  all  foreign  corporations  wbose  right  to  do  business  in 
this  state  has  been  so  forfeited,  and  shall  transmit  a  certi- 
fied copy  thereof  to  each  county  clerk  in  this  state,  who  shall 
tile  the  same  in  his  offic«. 

Sec.  9.  Section  nine  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  9.  It  shall  be  unlawful  for  any  corporation,  delin- 
quent under  this  act,  either  domestic  or  foreign,  which  has 
not  paid  the  license  tax  or  fee,  together  with  the  penalty  for 
such  delinquency,  as  in  this  act  prescribed,  to  exercise  the 
powers  of  such  corporation,  or  to  transact  any  business  in 
this  state,  after  the  thirtieth  day  of  November  next  follow- 
ing the  delinquency.  Each  and  every  person  who  exercises 
any  of  the  powers  of  a  corporation  so  delinquent,  either 
domestic  or  foreign,  which  has  not  paid  the  license  tax,  to- 
gether with  the  penalty  for  such  delinquency,  or  who  trans- 
acts any  business  for  or  in  behalf  of  any  such  corporation, 
after  the  thirtieth  day  of  November  next  following  the  de- 
linquency, shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars,  and  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  less  than 
fifty  days  nor  more  than  five  hundred  days,  or  by  both  such 
fine  and  imprisonment. 

A  new  section  is  hereby  added  to  this  act  to  be  known  as 
section  10a  and  to  read  as  follows: 

Section  10a.  In  all  cases  of  forfeiture  under  the  provisions 
of  this  act,  the  directors  or  managers  in  office  of  the  affairs 
of  any  domestic  corporation,  whose  charter  may  be  so  for- 
feited, or  of  any  foreign  corporation  whose  right  to  do  busi- 
ness in  this  state  may  be  so  forfeited,  are  deemed  to  be 
trustees  of  the  corporation  and  stockholders  or  members  of 
the  corporation  whose  power  or  right  to  do  business  is  for- 
feited, and  have  full  power  to  settle  the  affairs  of  the  cor- 
poration and  to  maintain  or  defend  any  action  or  proceed- 
ing then  pending  in  behalf  of  or  against  any  of  said  cor- 
porations, or  to  take  such  legal  proceedings  as  may  be  neces- 
sary to  fully  settle  the  affairs  of  said  corporation,  and  such 
directors  or  managers,  as  such  trustees,  may  be  sued  in  any 
of  the  courts  of  this  state  by  any  person  having  a  claim 
against  any  of  said  corporations. 


lC4g  CORPORATIONS.  Act  757b,  §§  1,  -• 

A  new  section  is  hereby  added  to  this  act  to  be  known  as 
section  10b,  and  to  read  as  follows: 

Section  10b.  At  the  time  of  filing  a  certified  copy  of  arti- 
cles of  incorporation  of  any  corporation  when  filed  on  or  be- 
tween the  first  day  of  July  and  the  following  first  day  of 
December  in  any  year,  there  shall  be  paid,  in  addition  to  all 
other  fees  required  by  law  to  be  paid  to  secretary  of  state, 
the  sum  of  twenty  dollars,  which  shall  be  received  and 
license  receipt  issued  in  full  of  the  license  tax  payable  under 
this  act,  for  the  then  current  year. 

Sec.  11.     This  act  shall  take  effect  immediately. 

ACT  757b. 

An  act  to  appropriate  four  thousand  six  hundred  and  five 
dollars  ($4,605.00)  to  repay  to  certain  nine  hundred  and 
twenty-one  corporations  five  dollars  each,  for  money 
erroneously  collected  by  the  secretary  of  state  as  a 
penalty  for  the  non-payment  of  the  annual  license  tax 
prior  to  the  eighth  day  of  August,  1905,  said  penalty 
having  been  erroneously  collected  between  and  includ- 
ing the  eighth  day  of  August,  1905,  and  the  twelfth  day 
of  October,  1905,  as  appears  in  the  decision  of  the  su- 
preme court  in  the  case  of  Ukiah  Guaranty,  etc.,  Co., 
vs.  Charles  F.  Curry,  secretary  of  state,  San  Francisco 
number  4422. 

[Approved  June  13,  1906.] 

The  people  of  the  State  of  California  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  sum  of  four  thousand  six  hundred  and 
five  dollars  ($4,'605.00)  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  to 
repay  to  certain  nine  hundred  and  twenty-one  corporations 
five  dollars  each,  for  money  erroneously  collected  by  the  sec- 
retary of  state  as  a  penalty  for  the  non-payment  of  the  an- 
nual license  tax  prior  to  the  eighth  day  of  August,  nineteen 
hundred  and  five,  said  penalty  having  been  erroneously  col- 
lected between  and  including  the  eighth  day  of  August, 
nineteen  hundred  and  five,  and  the  twelfth  day  of  October, 
nineteen  hundred  and  five,  as  appears  in  the  decision  of  the 
supreme  court  in  the  case  of  Ukiah  Guaranty,  etc.,  Co.  vs 
Charles  F.  Curry,  secretary  of  state,  San  Francisco,  number 
four  thousand  four  hundred  and  twenty-two. 

Sec.  2.     Upon  the  presentation  of  a  claim  by  each  of  the 
corporations   referred     to    in   section   one   of   this    act,   duly 


Acts  758-761  CORPORATIONS.  104h 

authenticated  by  the  president  or  secretary  thereof,  and 
approved  by  the  secretary  of  state,  the  controller  is  hereby 
authorized  and  directed  to  draw  his  warrant  in  favor  of  each 
of  the  nine  hundred  and  twenty-one  corporations  in  this  act 
referred  to,  in  the  sum  of  five  dollars,  the  names  of  said 
corporations  appearing  of  record  in  the  office  of  the  said 
controller  and  in  the  office  of  the  said  secretary  of  state, 
and  the  treasurer  of  the  state  is  hereby  directed  to  pay  such 
warrants. 

Sec.  3.     This  act  shall  be  exempted  from  the  provisions  of 
section  672  of  the  Political  Code. 

Sec.  4.     This  act  shall  take  effect  immediately. 

ACT  758. 

An  act  to  provide  for  the  incorporation  of  associations  for 
lending  money  on  personal  property,  and  regulating  the 
same,  and  to  forbid  certain  loans  of  money,  property  or 
credit. 

[Approved  March  21,  1905.    "Stats.  1905,  p.  711.] 
Declared    unconstitutional:    In   re   Sohncke,    30    Cal.    Dec.    550. 

ACT  759. 

Concerning  corporations.     [Stats.  1850,  p.  347.] 

Amended  1851",  424,  426.  Repealed  1851,  p.  433.  chap.  CXVIII,  sec. 
31.  Amended  1852,  168;  1853,  87,  140.  169;  1854,  162,  166;  1858,  57,  264;  18b!). 
S7;  1861.  S4;  1862.  17,  110,  125;  1S63,  34,  747,  766;  1S65-6,  748;  1869-70,  46, 
402;    1S71-2,   443;    1S76,    730.     Supplemented    1862,    17.     Extended   1857,    75. 

Cal.    Rep.    Cit.     5,    187;    42,    420;    42.    423;    44,    91;    50.    342;    51.    384;    60,    310; 
63,   531;   115,  589;   115,   590;   115,   591;   122,    336;   122,   337;   137,   446;   138.   477. 
Continued     in     force     as    to    corporations    created     under    it,     (See 
Eastman,    Estate   of,    60   Cal.    303.) 
See  note  to  act  632,   ante. 

ACT  760. 

Supplemental     to     act     of     1850,     concerning     corporations. 
[Stats.  1859,  93.] 

See  note  to  act  632,   ante. 

ACT  761. 

Supplemental  to  act  concerning  corporations.     [Stats.    1869- 
70,   p.   364.] 

Repealed  by  sec.   288,   Civ.   Code. 

This  act  provided  for  the  renewal  and  extension  of  corporate 
existence.     See  note  to  act   632,   ante. 


105  CORPORATIONS.  Acts  762-767 

ACT  762. 

Eelating    to    certificates    of    incorporation.     [Stats.    1869-70, 
p.  107.] 

Repealed   by  sec.    288,    Civ.    Cade. 

This  act  enabled  corporations  to  amend  their  articles.  See  note 
to  act  632,  ante. 

ACT  763. 

To   provide   for   the   formation    of   corporations    for   certain 
purposes.     [Stats.  1853,  p.  87.] 

Amended  1855,  205;  1857,  121;  1858,  133;  1859,  93;  1863,  736;  1863-4,  149; 
1869-70,   132,   364;   1871-2,   526. 

Cal.    Rep.    Clt.     43,    508;   46,    551;   50,   38;   56,    347;   64,    385;   144,   222. 

This  act  provided  for  the  formation  of  corporations  for  manufac- 
turing, mining,  mechanical,  or  chemical  purposes,  or  for  the  purpose 
of  engaging  in  any  specie3  of  trade  or  commerce. 

See  note  to  act  632,   ante. 

ACT  764. 

Corporations    for    trading,    manufacturing,    mechanical,    and 
other  lawful  purposes.     [Stats.   1869-70,  p.   822.] 

See  note  to  act  632.    ante. 
Repealed  by  sec.  288,   Civ.   Code. 

ACT  765. 

To  provide  for  the  formation  of  plank  or  turnpike  corpora- 
tions.    [Stats.  1853,  p.  169.] 
Amended   1854,    160;    1857,    171,    280;    1S58,    145,    265. 
Cal.   Rep.   Cit.    43,   60;   43,   62;   51,   384;   73,   71. 

ACT  766. 

Concerning  corporations,  legalizing  defects  in  incorporation. 
[Stats.  1863-4,  p.  303.] 

Cal.    Rep.   Cit.     56.   348;  97.   280. 

This   act   validated   defective   certificates   of   incorporation. 

ACT  767. 

Concerning    assessments    of    stock    in    corporations.     [Stats. 
1865-6,  p.  458.] 

Cal.    Rep.    Cit.     42,    434;    65,   197. 

Supplemented    1S69-70,    229.     In    force   only   as    to   corporations    exist- 
ing before    the  codes  (sec.   228,    Civ.    Code). 

Superseded  by  sees.  331  et  seq..  Civ.  Code. 


Acts  76S-774 


CORPORATIONS. 


106 


ACT  768. 

Corporations    to    own    the    lots    and    houses    in    which    their 
business   is   carried   on.     [Stats.    1875-6,   p.    653.] 

Superseded   by   Civil   Code.    sec.   363. 

This  act   appears   in   full   in  Civil   Code,    Appendix,   p.    710. 

ACT  769. 

Imposing    a    tax    on    the    issue    of    certificates    of    stock    in 
corporations.     [Stats.    1877-8,    p.    955.] 
Repealed    1SJ7,    248. 

ACT  770. 

Authorizing  certain  corporations  to  act  as  executors  and 
in  other  capacities,  and  to  provide  for  and  regulate 
the  administration  of  trusts  by  such  corporations. 
[Stats.   1891,  p.   490.]   . 

Amended   1897,    424;   1903,    244. 

This  act  authorized  corporations  to  act  as  executors,  administra- 
tors, guardians,  assignees,  receivers,  depositaries,  or  trustees.  It  ap- 
pears in   full  in   Civil  Code,   Appendix,   p.   702. 

ACT  771. 

To   protect   stockholders   and   persons   dealing  with   corpora- 
tions.     [Stats.  1877-8,  p.  695.     Am'd.  1905,  786.] 
This   act   appears    in   full    in    Civil   Code,    Appendix,    p.    709,    and    in 
Penal    Code,    Appendix,    p.    587.     It    punished    frauds    and    misrepresenta- 
tions  by   officers   or   agents. 

Codified  in  part  by  amendments  of  Penal  Code,  adopted  1905.  See 
Penal   Code,    §    564,   note. 

ACT  772. 

Requiring    corporations    to    pay    their    employees    at    least 
once  a  month.     [Stats.   1897,  p.   231.] 
Unconstitutional.     (Johnson   v.    Goodyear  M.   Co.,   127  Cal.   4.) 
This  act  appears  in  full  in  Civil  Code,  Appendix,   p.   700. 

ACT  773. 

To  provide  for  the  payment  of  wages  of  mechanics  and 
laborers  employed  by  corporations.  [Stats.  1891,  p. 
195.] 

Unconstitutional.  (Slocum  v.  Bear  Valley  Irrigation  Co.,  122  Cal. 
556.) 

This  act  provided  that  foreign  corporations  designate  some  person 
appears   in  full   in   Civil   Code,    Appendix,   p.   699. 

ACT  774. 

Concerning   foreign    corporations.     [Stats.    1869-70,    p.    8S1.] 


137  COSTS.  Acts  775-783 

"In  many  respects  superseded  by  1S71-2,  S26,  as  amended  by  1889, 
111."— Code    Commissioner's   Note. 

This  act  provided  that  foreign  corporations  designate  some  person 
upon  whom  process  may  be  served.  Compare  sec.  616,  Pol.  Code;  and 
see  Ilariegan   v.   Home   L    I.    Co.,    128  Ca).   531. 

ACT  775. 

Foreign   corporations.     [Stats.    1871-2,   p.    826.] 

Amended   1899,    111. 
Cal.    Rep.    Cit.     65,    601;    74,    122;    95,    599;    120,    162;    13S,    742;    138,    743;    1SS, 
744;    145,    603;   145,    605;   146,   650. 
Amending   act   cited,    146,    050. 
This    act    provided    that    foreign    corporations    designate    some    person 
upon    whom   process    may    be   served.    It   appears   in    full    in    Civil   Code, 
Appendix,   p.   711. 

It  was  codified  by  amendment  of  the  Civil  Code,  adopted  1905.  See 
Civil   Cade,    §   405,   note. 

ACT  776. 

Requiring   foreign   corporations    to    file    a    certified    copy    of 
their  articles  of   incorporation   in   the   office   of  the  sec- 
retary of  state.      [Stats.  1901,  p.  10S.] 
This   act  appears  in   full  in   Civil   Code.    Appendix,    p.    712. 
Codified  by  amendments  of  the  Civil  Code,   adopted  1905.     See   Civil 

Code  Supp.,   §  408,  note. 


TITLE   110. 

COSTS. 
ACT  781. 

Concerning   costs  in   criminal   actions   removed   before   trial. 
[Stats.  1851,  p.   185.] 

Not    repealed    by    Penal   Code.     See    Needham    v.    Thresher,    49    Cal. 
392. 

ACT  782. 

Concerning  the   costs  in   civil   actions   for  serving  summons 
and  subpoenas.     [Stats.  1891,  56.] 
This   act  appears   in   full   in   Appendix   to   the   Code   of   Civil   Proce- 
dure,   p.    762. 

ACT  783, 

Concerning  the  payment  of  costs  amJ  expanses  of  the  trial 
of  convicts  for  crimes  committed  in  the  state  prison, 
and  to  pay  the  costs  of  the  triaJ  of  eseap< :d  convicts, 
and  to  pay  for  the  expenses  of  coroners'  inquests  in 
said  prison.  [Stats.  1880,  43.] 
Cal.    Rep.    Cit.     130,    20. 

In  the  Penal   Code,    Appendix,   p.   588. 


Acts  788-801  COTENANCY— COUNTIES.  108 

TITLE  111. 

COTENANCY. 
ACT  788. 

Concerning  tenants  in   common,  joint   tenants   and   coparce- 
ners.    [Stats.    1857,   62.] 

Cal.    Rep.    Cit.    45,    509. 

Superseded  by  Code  of  Civil  Procedure,  sec.  38*. 

This  act  permitted  any  or  all   tenants  to  bring  or  defend   suits. 


TITLE  112. 
COUNTERFEITING. 
ACT   793. 

To  prevent  the  counterfeiting  of  gold  dust  and  other  species 
of   gold.      [Stats.    1855,    178.] 
Superseded   by    Penal    Code,    sees.    477-479. 
Cal.    Rep.   Clt.    114,   247;   132,   276. 


TITLE  113. 
COUNTIES. 

County   Boundaries,   see   County   Boundaries. 
County   Government,    see   County   Government. 
Particular    County,    see    Particular    Title. 

ACT  798. 

To    provide    for    the    transfer   of   certain   moneys   from   one 
county  to  another  when  a  new  county  has  been  formed 
and  organized.      [Stats.   1893,  p.  235.] 
Cal.    Rep.    Clt.     119,    517. 

ACT  799. 

Authorizing    the     allowance,   settlement,     and     payment     of 
claims   of   counties   against   the   state.     [Stats.    1893,   p. 
109.] 
This  act  appears   in  full  In   Political   Code,    Appendix,    p.    1110. 

ACT   800. 

Prescribing  how  judgments  which  may  be  recovered 
against  any  city  and  county  of  over  one  hundred 
thousand  population  shall  be  paid.  [Stats.  1895,  p.  163.] 
Apparently    restricted    to    pre-existing   judgments. 

ACT  801. 

Authorizing    counties    to    become    stockholders    in    railroad 

companies.      [Stats.  1859,  p.  263.] 

Amended   1860,    208.     Repealed   by   Constitution,    art.    IV,    sec.    31. 


109  COUNTY    BOUNDARIES.  Acts  S02-SH 

ACT  802. 

To  authorize  the  several  counties,  cities  and  counties,  cities, 
and  towns  of  this  state,  and  the  officers  and  boards  of 
officers  thereof,  to  receive  property  by  gift,  bequest, 
and  devise,  and  to  hold,  manage,  and  dispose  of  such 
propertv,  and  the  income  and  increase  thereof.  [Ap- 
proved February  10,  1881.     Stats.  1881,  2.] 


TITLE   114. 

COUNTY  BOUNDARIES. 

ACT    807. 

To  change  and  permanently  locate  the  boundary  line  be- 
tween the  counties  of  Butte  and  Plumas.  [Stats.  1901, 
p.  549.] 

ACT   808. 

To  change  and  permanently  locate  the  boundary  line  be- 
tween the  counties  of  Butte  and  Yuba.  [Stats.  1897, 
p.   22.] 

ACT  809. 

To  change  and  permanently  locate  the  boundary  line  be- 
tween the  counties  of  Plumas  and  Lassen.  [Approved 
February  28,  1891;  Stats.  1901,  76.] 

ACT   810. 

To  change  and  permanently  locate  the  boundary  lines  be- 
tween the  counties  of  Glenn  and  Colusa.  [Stats.  1893, 
p.   158.] 

ACT   811. 

Fresno    and    Tulare    counties,    establishing    county    line    be- 
tween.    [Stats.  1873-4,  p.  700.] 

Cal.    Rep.    Cit.     101,    284;   108,   222;   125,   497;   134,   518. 

ACT   812. 

Supplementing    act    to    define    and    establish    boundary    line 

between  the  counties  of  Inyo  and  Mono.      [Stats.   1871- 

2,  p.   316.] 

ACT  813. 

Humboldt,  Mendocino,  Trinity,  and  Klamath  counties,  to 
provide  for  denning  boundaries  between.  [Stats.  1871- 
2,  p.  766.] 


Acts  814- S22  COUNTY    BOUNDARIES.  11  > 

ACT    814. 

To  permanently  locate  the  boundary  line  between  the  coun- 
ties of  Shasta  and  Plumas.  [Approved  March  23,  1901. 
Stats.   1901,  560.] 

A.CT  815. 

To  better  define  the  boundary  line  of  Mariposa  and  Fresno 

counties.      [Approved    April    1,    1872.     Stats.    1871-2,    p. 

891.] 

Amended    1S73-4,    100. 
Cal.    Rep.    Cit.     142,    54;   142,    55;   142,    56;    142,    57;    142,    58. 

A.CT   816. 

Providing  for  the  survey  of  the  line  forming  a  portion  of 
the  southern  boundary  of  Siskiyou  County  and  the 
northern  boundary  of  Lassen  County.  [Stats.  1871-2, 
p.  886.] 

ACT   817. 

To  define  the  northern  boundary  line  of  Napa  County,  ad- 
joining Lake  and  Yolo  counties.  [Stats.  1871-2,  p. 
305.] 

ACT  818. 

To  change  and  permanently  locate  the  boundary  lines  be- 
tween the  counties  of  San  Luis  Obispo  and  Kern.  [Stats. 
1885,  p.  139.] 

ACT   819. 

To  establish  the  county  line  between  the  counties  of  Fresno 

and    Tulare.      [Stats.    1875-6,    p.    397.     Approved    March 

23,  1876.] 

ACT  820. 

To  more  clearly  define  the  boundary  line  between  the  coun- 
ties of  Lake  and  Yolo,  in  the  state  of  California.  [Ap- 
proved April  1,   1872.     Stats.  1871-2,  p.  903.] 

ACT  821. 

To  change  and  permanently  locate  the  boundary  line  be- 
tween the  counties  of  Shasta  and  Lassen.  [Stats.  1899, 
p.  98.] 

ACT   822. 

To  establish  the  boundary  line  between  the  county  of  Hum- 
boldt and  th?  counties  of  Del  Norte  and  Siskiyou. 
[Approved   March  23,   1901.     Stats.   1901,   600.] 


Ill  COUNTY    CLERK— COUNTY    GOVERNMENT.        Acts  827-83 1 

TITLE   115. 

COUNTY  CLERK. 
ACT    827. 

Tn   relation    to    deputies    and    assistants     of    county     clerks. 
[Stats.  1880,  p.  5.] 

Cal.    Rep.    Cit.     67,   1S4;    125,    191;    125,    194. 

Superseded   by   County   Government   Act,    1S97. 

ACT    828. 

In  relation   to   deputies,   assistants,   and   copyists   of   county 
clerks.      [Stats.  1880,  p.  20.] 

Amended    1S91,    5. 
Cal.    Rep.    Cit.     125,    191. 

This  act  provided  for  the  appointment  and  compensation  of 
deputies.  clerk=.  and  assistants  in  counties,  and  cities  and  counties  of 
over   120.000   inhabitants. 

Unconstitutional.  (San  Francisco  v.  Broderick,  125  Cal.  188.)  Su- 
persede!  as   to   San    Francisco   hy    the   cHarter  of   that   city. 

ACT   829. 

Authorizing    and    empowering    county    clerks    to    take    and 
certify   affidavits    for   United    States    pension    claimants 
without  demanding  or  receiving  any  fees  or  compensa- 
tion   therefor.      [Stats.    1887,    81.] 
This  act  appears   in   full   in    Political    Code,    Appendix,   p.    1042. 


TITLE   116. 

COUNTY    GOVERNMENT. 
ACT    834. 

To    establish    a    uniform    svstera    of     county     governments. 
[Stats.  1883,  p.  299.] 

Amen-ded    1885,    125,    166.    195;     1S87,    168,    17S;     1889,    232.    Repealed    by 
County    Government    Act,    1S91,    295,    chap.    CCXVI. 

AMDTS.   OF  1883. 

Cal.    Rep.    Cit.     65,    123;     65,    124;     65,    288;     65,    289;     65,    313;     66,    26;  66, 

643;     66,    644;     67,    117;     67,    119;     6S,    55;     6S,    143;     69,    G10;     70.    60;  73, 

370;      74,     24;      335;      75,     150:      75,     151;      75,     180;      76.     94;      76,     45;  77, 

236;     77,    593;     78,    271;     78,    495;     80,    342;     80,    362;     82,    190;     82,    191;  86. 

257;     88,    681,     89,    13;     89,    1G;     91,    434;     94.    319;     94,    604;     94,    609;  95, 

330;     96,   51;     97,  603;     99,    285;     99,   629;     106,   422;   106,    425;     111,   368;  114, 

122;     114,    561;     114,    562;      131,    550;     134,    675;      145,    51;     145,    53;     145,  42 1. 

AMDT.   18S5. 

Cal.    Rep.    Cit.    68,   143;     68,   145;    77,   595;     94,   635;     126,   152. 
AMDT.    1887. 

Cal.    Ret,.    Cit.     88,   532;     94,   603;     94,    630;     95,   475;     97,    602;     100,    63;     101, 
184;    112,   73. 


Acts  835-837 


COUNTY    GOVERNMENT. 


ro 


AMDT.    18S9. 

Cal.    Rep.    Cit.    SO,    203:     84,    73;     85,    372;     88,    532;     95,    85;     95,    331;    98, 
220;     103,    491;     104,    259;     112,    73. 

Various  portions  unconstitutional.  (Miller  v.  Kister,  68  Cal.  142; 
San  Luis  Obispo  v.  Graves,  84  Cal.  71;  Dougherty  v.  Austin,  94  Cal. 
601.) 

ACT  835. 

To    establish    a    uniform    system    of    county    and    township 
government.     [Stats.   1891,   p.    295.] 

Amended    1893,    310.     Repealed    1897,    452. 
AMDT.    1891. 

Cal.    Rep.    Cit.     89,    525;     95,   331;     95,   472;     97,    242;     97,    243;     98,    331;  99, 

514;     100,    266;      100,    444;      101.    318;      101,    320;     102,  164;     103,  499;  103, 

540;     104.    66;     104.    77;     101,    130;    104,    678;     106,    402;  109.    155;  109,  334; 

109,    495;      109,     496;      110,     622;      112,    73;      115,    630;  116,     112;  116,  113; 

116,    115;     117,    234;     118,    361;     120,    305;     120,    443;  121,    351;  122,  429; 


122,    430;      122,    432;      125,    340;      125, 
132,    592;     134,    560. 


599;      126,    623;     131,    202;      131,    557; 


AMDT.    1893.  „ 

Cal.   Rep.    Cit.    117.   537;     122,    296;     122,   297;     122,   298. 

Various    parts    held    unconstitutional.     (People    v.    Johnson,    95  Cai. 

471;    Welch    v.     Bramlet,    98    Cal.     219;      Bloss    ▼.    Lewis,    109    Cal.  493; 

Turner   v.    Siskiyou    County,    109    Cal.    332;    Walser    v.    Austin,    104  Cal. 
128.) 

ACT  836. 

To    establish    a    uniform    system    of    county    and    township 
governments.     [Stats.    1893,    p.  *346.] 
Amen-ded    1895,    1.     Repealed    1897,    452. 

AMDT.    1893. 

Cal.    Rep.    Cit.    103,    394;     105,    210;     110,    554;     112,    563;     114,    114;  114, 

122;     114,    332;     114,    420;     114,    499;     114,    549;     116,    621;     116,    622;  118, 

304;       118,     307;      118,     361;      118,     362;      118,     365;      119,     120;      119,  511; 

119,    6S8;     120,   555;     120,   649;     121,    485;     122,    137;     122,    139;     122,   302;  122, 

303;     122,    615;     122,    646;     122,    617;     125,   193;     125,    499;     126,    36;   126,  132: 

126,    623;      126,    624;      126,    625;      126,    675;     129,    527;      130,    478;     131,  388; 

131,  411;  131,  412;  131.  550;  131,  551;  133,  282;  133,  284;  135,  535;  135. 
536;     137,   161;   137,    518;     144,    684;     145,    50;     145,    51. 

AMDT.    1895. 

Cal.   Rep.   Cit.     Ill,   568. 

Unconstitutional   in   part.     (Hale  v.    McGettlgan,   114   Cal.    112.) 

ACT  837. 

To  establish  a  uniform  system  of  county  and  township  gov- 
ernment.    [Stats.   1897,  p.   452.] 

Amended    1901,    6S1,    685;      1903,    129,    151,    156,    160,    168,    173,    179,  200, 

212,    21S,    224.    227,    230,    232,    237,    239,    241,    402;     1905,    299,    301,    308,    310,  313, 

318,   320,    325,   333,   335,    338,   352,   356,    358,    361,   363,    365,    366,    371,   373,    376,  3S3, 

3S5,     391,    393,     394,    401,    424,    430,    455,    439,    441.    476,    477,    4S2,    485,    504,  507, 
511,   523,    524,    644,   547,   552,   582,   670,   676,   721,   722,   723,    746. 


113  COUNTY    GOVERNMENT.  Act  53 1 

Cal.    Rep.    Cit.     117,    619;     121,    672,    122,    303;     124,    348;     125,    193;    126,  36; 

126,    132;      126,     ]    I;      127,    87;      127,    160;      128,    249;      128,     332;  129,  363; 

130.    479;     130,    4S0;     130,    481;     133,    75;     134,    54;     134,    70;     134.  674;  135, 

514;     135,    535;     135,    536;     135,    649;     136,    65;     136.    66;     136,    653;  137.  205, 

137,    209;     138,   60;     139,   463;     139,    464;     139,   468;     141,   393;     141,  394;  141, 

395;     141,    398;     141,    428:     141,    429;      141,    430;     142,    516;     142,  588;  142. 

589;     142,    5y0;     142,   591;     143,   68;     143,    69;     143,    172;     143,    173;  143,  245; 

144,    8;     144,    89;     144,    267;     144,    268;     144,    269;     144,    276;     144,  277;  145, 

50;     145,    51;    145,    52;     145,    196;     146,    425;     145,    687;     146,    770;  146,  592; 
146,    595;     147,   684. 

AMDT.    1901. 

Cal.   Rep.    Cit.     134,    144;     134,   149;     146,   469;    147,   684. 

Unconstitutional.  (Sec.  13,  Ex  parte  Anderson,  134  Cal.  69;  Subd. 
21  of  sec.  25,  "Van  Harlingen  v.  Doyle,  134  Cal.  53;  provisions  as  to 
fees  of  official  reporters,  Pratt  v.  Browne,  135  Cal.  649;  subd.  14  of 
sec.  183,  Lougher  v.  Soto,  129  Cal.  610;  sec.  170,  McCabe  v.  JefEerds, 
122  Cal.  302;  sec.  25,  subd.  25;  repealed  by  implication  by  sec.  3366, 
Pol.  Code,  as  amended  In  1901.  Stats.  1901,  p.  635,  Ex  parte  Pflrman. 
134   Cal.    143.) 

§    1.    Counties  are  bodies  politic. 
§    2.    Powers    exercised    by    agents. 
§    3.     Names   of. 
§§  4-5.     Powers. 

§    6.     Contracts  and  acts  in  violation  of  act. 
§    7.    Officers  violating  provisions   of  act. 
§    8.    Money    paid    without    authority,    recovery    of. 
§    9.    Instructions   to   grand   jury. 
jj  10.     Population   of  counties. 
§  11.     County   seats. 
§  12.     Removal  of  county  seats. 
§  13.     Ordinance,    submission  o£> 
§§  14-19.     Supervisors. 
§  20.     Clerk   of   board. 
§  21.     Records   of   board. 
§§  22-24.     Meetings   of   board. 
§§  25-53.     General   powers. 
§  54.     Eligibility   to    office. 
§  55.     County   officers. 
§  55%-  Livestock    inspector. 
§  56.     Township    officers. 
§  57.     Notice,    publication    of. 
§  58.     Election   of  officers. 
§  59.    Deputies. 
§  60.    Officer  includes  deputy. 
§  61.     Residence  and   office  hours. 
§  62.     Liability   of   sureties. 
§  63.    Oaths,    who   may   administer. 
§  64.     Absence  of  officer  from  state. 
§  65.    What   officers   not   to  practice   law. 
§  65.     What  officers  not   to  act   as  notaries. 
§  66.     Bomls   of   officers. 
§  66a.  Statistics. 
§§  67-87.     Treasurers. 

§  88.     Process   and   notice,    definitions  of. 
§§  89-106.     Sheriffs. 
§§  107,  108.     County   clerks. 
§§  109-118.     Auditors. 
§§  119-131.     Recorders. 
§§  132-134.     District   attorney. 
Gen.  Laws— 8 


ActS37,  §§1-6  COUNTY    GOVERNMENT.  114 

§§  135-141.     Surveyor. 

§§  142-147.     Coroners. 

§  14S.     Assessor. 

§  149.     Tax   collector. 

§  150.     School    superintendent. 

§§  151,  152.     Public    administrator. 

§  152.     Live   stock   inspector,    duties   of. 

§§  153,  154.     Constables. 

§  155.    Justices  of  the  peace. 

§§  156,  220.     Salaries. 

§  157.     Classification. 

§§  158-215.     Compensation   of   offlcera. 

§§  216-225-227.     Fees. 

§  226.     Services   performed   by    successor. 

§  228.     County    charges. 

jj§  229,  230.     Costs   on    removal    of   officers. 

§  231.     New    counties,    organization    of— reduction    of   population. 

§  232.     Repeal   of   Inconsistent   acts. 

§  233.     Salaries    of    incumbents. 

§  234.    In    effect,    when. 

Section  1.  The  several  counties  of  this  state,  as  they 
now  exist,  and  such  other  counties  as  may  be  hereafter 
organized,  according  to  law,  are  bodies  corporate  and  poli- 
tic, and  as  such  have  the  powers  specified  in  this  act,  and 
such  other  powers  as  are   necessarily  implied. 

Sec.  2.  Their  powers  can  only  be  exercised  by  the  board 
of  supervisors,  or  by  agents  and  officers  acting  under  their 
authority,   or  authority  of  law. 

Sec.  3.  The  name  of  a  county  designated  in  the  law 
creating  is  in  its  corporate  name,  and  it  must  be  desig- 
nated thereby  in  all  actions  and  proceedings  touching  its 
corporate  rights,   property,   and   duties. 

Sec.  4.     It  has   power: 

1.  To  sue  and  be  sued. 

2.  To  purchase  and  hold  land  within  its  limits. 

3.  To  make  such  contracts  and  purchase  and  hold  such 
personal  property  as  may  be  necessary  to  the  exereise  of 
its  powers. 

4.  To  manage  and  dispose  of  its  property  as  the  interests 
of  its   inhabitants   may   require. 

5.  To  levy  and  collect  such  taxes,  for  purposes  under  its 
exclusive   jurisdiction,   as    are   authorized   by   law. 

Sec.  5.  No  county  shall,  in  any  manner,  give  or  loan 
its  credit  to  or  in  aid  of  any  person  or  corporation.  An 
indebtedness  or  liability  incurred  contrary  to  this  provision 
shall  be  void. 

Sec.  6.  All  contracts,  authorizations,  allowances,  pay- 
ments, and  liabilities  to  pay,  made  or  attempted  to  be  made 
in  violation  of  this  act,  shall  be  absolutely  void,  and  shall 


US  COUNTY    GOVERNMENT.  Act  837,  J  5  7- Ki 

never  be  the  foundation  or  basis  of  a  claim  against  the 
treasury  of  such  county.  And  all  officers  of  said  county, 
are  charged  with  notice  of  the  condition  of  the  treasury 
of  said  county,  and  the  extent  of  the  claims  against  the 
same. 

Sec.  7.  Any  officer  authorizing,  or  aiding  to  authorize, 
or  auditing,  or  allowing,  or  paying  any  claim  or  demand 
upon  or  against  said  treasury,  or  any  fund  thereof,  in  viola- 
tion of  any  of  the  provisions  of  this  act,  or  of  the  con- 
stitution of  this  state,  shall  be  liable  in  person,  and  upon 
his  official  bond,  to  the  person  or  persons  damaged  by  such 
illegal  authorization,  to  the  extent  of  his  or  their  loss  by 
reason  of  the  non-payment  of  his  or  their  claims. 

Sec.  8.  Whenever  any  board  of  supervisors  shall,  with- 
out authority  of  law,  order  any  money  paid  as  a  salary, 
fees,  or  for,  any  other  purposes,  and  such  money  ..hall  have 
been  actually  paid;  or  whenever  any  county  officer  haa 
drawn  any  warrant  or  warrants  in  his  own  favor,  or  in 
favor  of  any  other  person,  without  being  authorized  by 
the  board  of  supervisors,  or  by  the  law,  and  the  same  shall 
have  been  paid,  the  district  attorney  of  such  county  is 
hereby  empowered,  and  it  is  hereby  made  his  imperative 
duty,  to  institute  suit,  in  the  name  of  the  county,  against 
such  person  or  persons,  to  recover  the  money  so  paid, 
and  twenty  per  cent  damages  for  the  use  thereof;  and 
no  order  of  the  board  of  supervisors  therefor  shall  be 
necessary  to  maintain  such  suit.  "When  the  money  has 
not  been  paid  on  such  order  or  warrants,  it  is  hereby 
made  the  imperative  duty  of  the  district  attorney  of  such 
county,  upon  receiving  notice  thereof,  to  commence  suit, 
in  the  name  of  the  county,  to  restrain  the  payment  of  the 
same;  and  no  order  of  the  board  of  supervisors  shall  be 
nti-essary  in  order  to  maintain  such  suit. 

Sec.  9.  It  shall  be  the  duty  of  the  judge  of  the  superior 
court  of  each  and  every  county,  whenever  a  grand  jury  is 
impaneled,  to  call  their  attention  to  the  provisions  of  the 
foregoing  sections,  and  to  instruct  them  to  ascertain,  by 
careful  and  diligent  investigation,  whether  the  provisions 
of  said  sections  have  been  complied  with,  and  to  note  the 
result  of  such  investigation  in  their  report. 

Sec.  10.  The  population  of  the  several  counties  of  this 
state  is  hereby  ascertained  and  determined  to  be  and  is  as 
follows: 


Act  837,  §  10  COUNTY    GOVERNMENT.  Ho 

COUNTY  POPULATION. 

1.  San  Francisco 342,782 

2.  Los  Angeles 17o]298 

3.  Alameda 130,197 

4.  Santa    Clara     60,216 

5.  Sacramento    45,915 

6.  Sonoma    38,480 

7.  Fresno    87,862 

8.  San   Joaquin    35,452 

9.  San  Diego   35,090 

10.  San    Bernardino    27,929 

11.  Hnmboldt 27,104 

12.  Solano    2-1,143 

13.  Santa  Cruz   21,512 

14.  Mendocino    20, 465 

15.  Orange 19,696 

16.  Monterey   19,380 

17.  Santa  Barbara    18,934 

18.  Tulare   18,375 

19.  Contra   Costa    18,046 

20.  Riverside    17,897 

21.  Nevada 17,789 

22.  Shasta    17,318 

23.  Butte 17,117 

24.  Siskiyou    16,962 

25.  San  Luis  Obispo    16,637 

26.  Kern    16,480 

27.  Napa    16,451 

28.  Placer    15,786 

29.  Marin   15,702 

30.  Ventura   14,367 

31.  Yolo    13,618 

32.  San   Mateo    12,094 

33.  Calaveras 11,200 

34.  Tuolumne 11,166 

35.  Amador    11,116 

36.  Tehama    10,996 

37.  Kings   9,871 

38.  Stanislaus    9,550 

39.  Merced   9,215 

40.  El  Dorado    8,986 

41.  Yuba 8,620 

42.  Colusa  • 7,364 

43.  San  Benito 6,633 

44.  Madera 6,364 

45.  Lake   6,007 


117  COUNTY     COVKRN'MENT.  Act  S37,  §§  11-13 

COUNTY.  POPULATION. 

46.  Sutter    5,886 

47.  Glenn    5,150 

48.  Modoc    5,076 

49.  Mariposa    4,720 

50.  Plumas    4,657 

51.  Lassen 4,511 

52.  Trinity   4,383 

53.  Inyo    4,377 

54.  Sierra    4,017 

55.  Del  Norte    2,408 

56.  Mono 2,167 

57.  Alpine    509 

[Amendment  approved  March  23,  1901.  Stats.  1901,  685. 
In  effect  12  M.  on  the  first  Monday  after  the  first  day  of 
January,  1903.] 

Sec.  11.  The  county  seats  of  the  respective  counties  of 
this  state,  as  now  fixed  by  law,  are  hereby  recognized  as 
and  declared  to  be  the  county  seats  of  the  respective  coun- 
ties. No  county  seat  shall  be  removed  unless  two  thirds 
of  the  qualified  electors  of  the  county,  voting  on  the  prop- 
osition at  a  general  election,  shall  vote  in  favor  of  such 
removal. 

Sec.  12.  Whenever  there  shall  be  presented  to  the  board 
of  supervisors  of  any  county  a  petition,  signed  by  the  quali- 
fied electors  of  such  county,  in  number  equal  to  a  majority 
of  the  votes  cast  at  the  preceding  general  election,  pray- 
ing for  the  submission  of  the  question  of  the  removal  of 
the  county  seat  of  such  county,  it  shall  be  the  duty  of 
the  board  of  supervisors,  by  due  proclamation,  to  submit 
the  question  of  such  removal  of  the  county  seat  at  the 
next  general  election  to  the  qualified  electors  of  such  county. 
The  election  shall  be  conducted  and  the  returns  canvassed 
in  all  respects  as  provided  by  law  for  the  conduct  of  general 
elections  and   canvassing   the   returns   thereof. 

Sec.  13.  Whenever  there  shall  be  presented  to  the  board 
of  supervisors,  a  petition,  or  petitions,  signed  by  legal  voters 
of  said  county  equal  in  number  to  fifty  per  cent  of  the 
votes  cast  at  the  last  preceding  general  election,  asking 
that  an  ordinance,  to  be  set  forth  in  such  petition,  be  sub- 
mitted to  a  vote  of  the  qualified  voters  of  such  county,  it 
shall  be  the  duty  of  the  board  of  supervisors,  by  proclama- 
tion, to  submit  such  proposed  ordinance  to  the  vote  of  the 
qualified    electors    of    such    county.     Such   election  shall   be 


Act  837,  §§  14-16  COUNTY    GOVERNMENT.  118 

held  within  thirty  days  after  the  first  regular  meeting  of 
the  board  after  the  filing  of  such  petition;  provided,  that 
Bhould  said  petition  be  filed  within  six  months  prior  to  a 
general  election,  no  special  election  need  be  held,  but  such 
ordinance  shall  be  submitted  at  the  next  general  election. 
The  ballots  used  at  such  special  or  general  election  shall 
contain  the  words  "For  the  ordinance"  (stating  the  nature 
of  the  ordinance),  and  "Against  the  ordinance,"  stating 
the  nature  of  the  ordinance.  The  election  shall  be  eon- 
ducted  and  the  returns  canvassed  in  all  respects  as  pro- 
vided by  law,  for  the  conducting  of  general  elections  and 
the  canvassing  the  returns  thereof;  provided,  that  when  a 
special  election  is  held  under  the  provisions  of  this  section, 
the  board  of  supervisors,  in  their  discretion,  may  consolidate 
precincts,  and  may  reduce  the  number  of  election  officers 
to  a  number  not  less  than  four.  If  a  majority  of  the  votes 
cast  upon  such  ordinance  shall  be  in  favor  of  the  adoption 
thereof,  the  board  of  supervisors  shall  proclaim  such  fact, 
and  upon  the  publication  of  such  proclamation,  such  or- 
dinance thus  adopted  shall  have  the  same  and  equal  force 
and  effect  as  though  adopted  and  ordained  by  the  board  (}f 
supervisors.  The  board  of  supervisors  may  also,  at  any 
election,  submit  any  question  or  proposition  upon  which 
they  may  desire  the  opinion  of  the  voters  of  the  county. 

BOARD   OP   SUPERVISORS. 

Sec.  14.  Each  county  must  have  a  board  of  supervisors, 
consisting  of  five  members. 

Sec.  15.  Each  member  of  the  board  of  supervisors  must 
be  an  elector  of  the  district  which  he  represents,  must 
reside  therein  during  his  incumbency,  must  have  been  auch 
elector  for  at  least  one  year  immediately  preceding  his 
election,  and  shall  be  elected  by  such  district,  and  not  at 
large;  provided,  that  in  any  county  or  city  and  county  ir 
which  supervisoral  districts  have  not  been  established  by 
law  or  ordinance,  and  in  which  supervisors  are  now  re- 
quired to  be  elected  at  large,  but  from  particular  wards, 
the  members  of  the  board  of  supervisors  shall  be  elected 
at  large  and  without  regard  to  residence. 

Sec.  16.  The  board  of  supervisors  may,  by  a  two-thirds 
vote  of  the  members  of  said  board,  change  the  boundaries 
of  any  or  all  of  the  supervisor  districts  of  a  county.  Said 
districts  shall  be  as  nearly  equal  in  population  33  may  be. 
The  boundaries  of  no  supervisor  district  shall  at  any  time 
be   changed   in   such  manner  as  to   affect   the  t',rm   of  office 


119  COUNTY    i.;0,i:RXMENT.  Act  837,  §§  17-i!" 

of  any  supervisor  who  lias  been  elected,  and  whose  term 
of  office  has  not  expired.  No  change  in  the  boundaries  of 
any  supervisor  district  shall  be  made  within  ninety  days 
next  preceding  a   general  election. 

Sec.  17.  Whenever  a  vacancy  occurs  in  the  board  of  super- 
visors of  a  county,  the  governor  shall  fill  the  vacancy,  and 
the  appointee  shall  hold  office  until  the  election  and  quali- 
fication of  his  successor.  In  such  case  the  election  of  a 
supervisor  shall  be  held  at  the  next  general  election  to  fill 
the  vacancy  for  the  unexpired  term,  unless  such  term  ex- 
pires on  the  first  Monday  after  the  first  day  of  January 
succeeding  said  election. 

Sec.  18.  The  supervisors  shall  elect  a  chairman,  who 
shall  preside  at  all  meetings  of  the  board,  and  in  case  of 
his  absence  or  inability  to  act,  the  members  present  must, 
by  an  order  entered  on  their  records,  select  one  of  their 
number  to  act  as  chairman  temporarily.  Any  member  of 
the  board  may  administer  oaths,  when  necessary  in  the 
performance  of  his  official  duties.  A  majority  of  the  mem- 
bers of  the  board  shall  constitute  a  quorum  for  the  trans- 
action of  business,  and  no  act  of  the  board  shall  be  valid 
or  binding  unless  a  majority  of  all  the  members  concur 
therein. 

Sec.  19.  The  county  clerk  is  ex-officio  clerk  of  the  board 
of  supervisors.  The  records  and  minutes  of  the  board 
must  be  signed  by  the  chairman  and  the  clerk. 

CLERK    OF    THE    BOARD. 
Sec.  20.     The  clerk  of  the  board  must: 

1.  Record  all  the  proceedings  of  the  board. 

2.  Make  full  entries  of  all  their  resolutions  and  decisions 
on  all  questions  concerning  the  raising  of  money  for  and 
the    allowance   of   accounts   against    the    county. 

3.  Record  the  vote  of  each  member  on  any  question  upon 
which  there  is  a  division,  or  at  the  request  of  any  member 
present. 

4.  Immediately  after  the  adjournment  of  each  meeting 
of  the  board,  certify  all  demands  allowed  and  orders  made 
for  the  payment  of  money,  giving  the  amount  and  date 
of  each  demand,  or  order,  and  the  date  of  the  allowance 
thereof,   which   demands,   or   orders,    shall    be;    countersigned 


Act  837,  8  21  COUNTY    GOVERNMENT.  120 

by   the    chairman    of   the   board,    and    thereafter    said    clerk 
shall   deliver   to   and   leave   the   same   with   the   auditor. 

5.  File  and  preserve  the  reports  of  the  county  treasurer 
of   the   receipts    and    disbursements    of    the    county. 

6.  Preserve  and  file  a  memorandum  ot  all  accounts  acted 
upon  by  the  board. 

7.  Preserve  and  file  all  petitions  and  applications  for 
franchises,  and  record  the  action  of  the  board  thereon. 

8.  Authenticate  with  his  signature  and  seal  of  the  board 
the  proceedings  of  the  board,  whenever  the  same  shall  be 
ordered  published. 

9.  Authenticate  with  his  signature  and  the  seal  of  the 
board,  all  ordinances  passed  by  the  board,  and  to  record 
the   same   at   length   in   the   "Ordinance   Book." 

10.  Record  all  orders  levying  taxes;   and, 

11.  Perform  all  other  duties  required  by  law,  or  any  rule 
or  order  of  the  board. 

Sec.  21.     The  board  must  cause  to  be  kept: 

1.  A  "Minute  Book,"  in  which  shall  be  entered  the  daily 
proceedings  had  at  all  regular  and  special  meetings,  and 
all  orders  and  decisions  made  by  them,  except  such  as  are 
required  to  be  recorded  in  the  "Road,"  "Franchise, "  or 
"Ordinance"  books. 

2.  An  "Allowance  Book,"  in  which  must  be  recorded  all 
orders  for  the  allowance  of  money,  from  the  county  treas- 
ury, to  whom  made,  and  on  what  account,  dating,  number- 
ing,  and   indexing   the   same    through    each   year. 

3.  A  "Road  Book,"  containing  all  proceedings  and  ad- 
judications relating  to  the  establishment,  maintenance, 
change,  and   discontinuance   of  roads   and  road   districts. 

4.  A  "Franchise  Book,"  containing  all  franchises  granted 
by  them,  and  all  proceedings  had  in  relation  thereto. 

5.  A  "Warrant  Book,"  to  be  kept  by  the  county  auditor, 
in  which  must  be  entered,  in  the  order  of  drawing,  all 
warrants  drawn  on  the  treasury,  with  their  number,  and 
reference  to  the  order  on  the  minute  book,  with  the  date, 
amount,  on  what  account,  and  name  of  payee. 

6.  An  "Ordinance  Book,"  in  which  must  be  entered  all 
ordinances  duly  passed  by  the  board. 


121  COUNTY    GOVERNMENT.  Act  837,   §§   22-25 

Sec.  22.  The  board  of  supervisors  must,  by  ordinance, 
provide  for  the  holding  of  regular  meetings  of  the  board 
at  the  county  seat. 

Sec.  23.  A  special  meeting  may  be  ordered  by  a  ma- 
jority of  the  board.  The  order  must  be  signed  by  the 
members  calling  such  meeting,  and  must  be  entered  in  th«j 
minutes.  Five  days'  notice  of  such  meeting  must  be  given 
by  the  clerk,  personally  or  by  mail,  to  the  members  not 
joining  in  the  order.  The  order  must  specify  the  business 
to  be  transacted  at  such  special  meeting,  and  none  other 
shall    be    transacted. 

Sec.  24.  All  meetings  of  the  board  must  be  public,  and 
the  books,  records,  and  accounts  of  the  board  must  be 
kept  at  the  office  of  the  clerk,  open  at  all  times  for  public 
inspection. 

GENEEAL    PERMANENT    POWERS    OF    BOARDS. 
Sec.    25.     The   boards    of   supervisors,   in    their   respective 
counties,    shall    have    jurisdiction    and    power,    under    such 
limitations  and  restrictions  as  are  prescribed  by  law: 

1.  To  supervise  the  official  conduct  of  all  county  officers, 
and  officers  of  all  districts  and  other  subdivisions  of  the 
county  charged  with  the  assessing,  collecting,  safe-keeping, 
management,  or  disbursement  of  the  public  revenues;  to 
see  that  they  faithfully  perform  their  duties,  direct  prose- 
cutions for  delinquencies,  and,  when  necessary,  require 
them  to  renew  their  official  bonds,  make  reports  and  pre- 
sent   their    books    and    accounts    for    inspection. 

2.  To  divide  the  counties  into  townships,  election,  school, 
road,  supervisor,  sanitary,  and  other  districts  required  by 
law,  change  the  same,  and  create  others,  as  convenience 
requires. 

3.  To  establish,  abolish,  and  change  election  precincts, 
and  to  appoint  inspectors  and  judges  of  election,  canvass 
all  election  returns,  declare  the  result,  and  order  tho 
county  clerk  to  issue  certificates  thereof;  but  no  election 
precinct  shall  be  established  or  abolished,  or  the  bound- 
aries of  any  precinct  changed,  within  ninety  days  prior 
to   any    election.  i 

4.  To  lay  out,  maintain,  control,  construct,  repair,  and 
manage  public  roads,  turnpikes,  ferries,  wharves,  chutes, 
and  other  shipping  facilities  and  bridges  within  the  county, 
unless  otherwise   provided   by   law,   and   to   grant   franchises 


Act  837,  §  25  COUNTY     GOVERNMENT.  123 

and  licenses  to  collect  tolls  thereon;  provided,  where  the 
cost  of  the  constrnction  of  any  bridge,  wharf,  chute,  or 
other  shipping  facilities  that  may  be  built  under  the  pro- 
visions of  this  subdivision  exceeds  the  sum  of  five  hundred 
dollars,  they  must  cause  to  be  prepared  and  must  adopt 
plans  and  specifications,  strain  sheets,  and  working  details, 
and  must  advertise  for  bids  for  the  constrnction  of  such 
bridge,  wharves,  chutes,  or  other  shipping  facilities,  un- 
less otherwise  provided  by  law,  in  accordance  with  the 
plans  and  specifications  so  adopted.  All  bidders  shall  be 
afforded  opportunity  to  examine  such  plans  and  specifica- 
tions, and  said  board  shall  award  the  contract  to  the 
lowest  resnou^iblo  bidder,  and  the  plans  and  specifications 
so  adopted  shall  be  attached  to  and  become  a  part  of  the 
contract;  and  the  porson  or  corporation  to  whom  the  con- 
tract is  awarded  shall  be  required  to  execute  a  bond,  to 
be  approved  by  said  board,  for  the  faithful  performance 
of  such  contract;  provided,  that  after  the  submission  of 
the  bids  as  herein  provided,  the  board  of  supervisors  be- 
ing advised  by  the  county  surveyor  that  the  work  can  be 
done  for  a  sum  less  than  the  lowest  responsible  bid,  it 
shall  then  be  their  privilege  to  reject  all  bids  and  to  order 
the  work  done  or  structure  built  by  day's  work,  under  the 
supervision  and  control  of  the  said  surveyor;  provided 
further,  that  the  surveyor  in  such  cases  shall  be  held  per- 
sonally responsible,  under  his  official  bond,  to  construct 
snid  bridge  or  structure,  according  to  his  plans  anr"  speci- 
fications, at  a  cost  not  to  exceed  the  amount  of  the  lowest 
responsible  bid  received;  provided,  that  the  road  commis- 
sioners or  road  overseers  in  their  respective  districts  shall 
employ  all  labor  required  and  direct  the  conduct  of  work 
of  any  kind  upon  any  and  all  public  roads;  provided 
further,  that  in  cases  of  great  emergency,  by  <he  unani- 
mous consent  of  the  whole  board,  they  may  proceed  at 
once  to  replace  or  repair  any  and  all  bridges  and  struc- 
tures   without    notice. 

5.  To  construct  or  lease,  officer  and  maintain,  hospitals 
and  poorhouses,  or  otherwise,  in  their  discretion,  provide 
for  the  care  and  maintenance  of  the  indigent  sick  or  de- 
pendent poor  of  the  county;  and  for  such  purposes  to  levy 
the  necessary  property  or  poll  taxes,  or  both.  The  board 
of  supervisors  shall  appoint  some  suitable  person  to  take 
care  of  and  maintain  such  hospitals  and  poorhouses,  and 
shall  also  appoint  some  suitable  graduate  or  graduates  in 
medicine     to     attend     to    such    indigent   sick   or    dependent 


123  "  COUNTY    GOVERNMENT.  Act  837,  §  2u 

poor,  and  to  the  patients  in  such  hospitals  and  poorhouses. 
The  board  shall  not  let  the  care,  maintenance,  or  attend- 
ance of  such  indigent  sick  or  dependent  poor  by  contract 
to   the   lowest   bidder. 

6.  To  provide  a  farm,  in  connection  with  the  county 
hospital,  or  poorhouse,  and  make  regulations  for  working 
the   same. 

7.  To  purchase,  receive  by  donation,  or  lease  any  real 
or  personal  property  or  water  rights  necessary  for  use 
of  the  county,  and  to  purchase  or  otherwise  acquire  neces- 
sary real  estate  upon  which  to  sink  wells  to  obtain  water 
for  sprinkling  roads,  and  other  county  purposes,  and  to 
erect  thereon  tanks  and  reservoirs  for  the  storage  of 
water  for  such  purposes,  and  to  erect  pumping  apparatus 
for  obtaining  the  same,  to  preserve,  to  take  of,  and 
manage  and  control  the  same;  but  no  purchase  of  real 
property  shall  be  made  unless  a  notice  of  the  intention  of 
the  board  to  make  such,  purchase,  describing  the  property 
to  be  purchased,  the  price  to  be  paid  therefor,  from  whom 
it  is  proposed  to  be  purchased,  and  fixing  the  time  when 
the  board  will  meet  to  consummate  such  purchase,  has 
been  published  for  at  least  three  weeks  in  some  newspaper 
of  general  circulation,  published  in  the  county;  or  if  none 
be  published  in  the  county,  then  has  been  posted  at  least 
three  weeks  prior  to  the  time  when  the  board  meets  to 
consummate  such  purchase,  in  at  least  three  public  places 
in  each  supervisor  district. 

8.  To  cause  to  be  erected  or  rebuilt,  or  furnished,  a 
courthouse,  jail,  hospital,  and  such  other  public  buildings 
as  may  be  necessary,  or  to  provide  suitable  buildings  for 
such  purposes.  None  of  the  aforesaid  buildings  shall  be 
erected  or  constructed  until  the  plans  and  specifications 
have  been  made  therefor  and  adopted  by  the  board.  All 
such  buildings  must  be  erected  by  contract,  let  to  the 
lowest  responsible  bidder,  after  notice  by  publication  in 
a  newspaper  of  general  circulation  published  in  such 
county,  for  at  least  thirty  days.  In  case  there  is  no  news- 
paper published  in  such  county,  then  such  notice  shall  be 
given   by   posting   in   three   public    places. 

9.  To  sell  at  public  auction,  at  the  courthouse  door,  or 
at  such  other  place  within  the  county,  as  the  board  may, 
by  a  four-fifths  vote,  order,  after  thirty  days'  notice,  given 
either  by  publication  in  a  newspaper  published  in  the 
county,   or  by   posting  in   five   public   places   in   the   county, 


Act  837,  5  25  COUNTY     GOVERNMENT.  121 

and  convey  to  the  highest  bidder  for  cash,  any  property 
belonging  to  the  county  not  required  for  public  use,  pay- 
ing the  proceeds  into  the  county  treasury  for  the  use  of 
the  county;  provided,  if  in  the  unanimous  judgment  of  the 
board,  the  property  does  not  exceed  in  value  the  sum  of 
seventy-five  dollars,  or  if  it  be  the  product  of  the  county 
farm,  the  same  may  be  sold  at  private  sale  without  adver- 
tising by  any  member  of  the  board  empowered  for  that 
purpose  by  a  majority  of  the  board. 

10.  To  examine  and  audit,  at  least  every  twelve  months, 
the  accounts  of  all  officers  having  the  care,  management, 
correction,  or  disbursement  of  moneys  belonging  to  the 
county,  or  moneys  received  or  disbursed  by  them  under  au- 
thority of  law. 

11.  To  examine,  settle,  and  allow  all  accounts  legally 
chargeable  against  the  county,  except  salaries  of  officers, 
and  such  demands  as  are  authorized  by  law  to  be  allowed 
by  some  other  person  or  tribunal,^and  order  warrants  to  be 
drawn  on  the  county  treasurer  therefor. 

12.  To  levy  taxes  upon  the  taxable  property  of  their 
respective  counties  for  all  county  purposes,  and  also  upon 
the  taxable  property  of  any  district,  for  the  construction 
and  repair  of  roads  and  highways  and  other  district  pur- 
poses; provided,  that  no  tax  shall  be  levied  upon  any  dis- 
trict until  the  proposition  to  levy  the  same  has  been  sub- 
mitted to  the  qualified  electors  of  such  district,  and  received 
a  majority  of  all  the  legal  votes  cast  upon  such  proposition. 

12%.  "Whenever  there  shall  be  presented  to  the  board  of 
supervisors  of  any  county  a  petition  signed  by  the  qualified 
electors  of  a"hy  township  or  townships  in  number  equal  to 
a  majority  of  the  votes  cast  at  the  preceding  general  elec- 
tion, praying  that  said  township  or  townships  may  be  al- 
lowed to  take  the  census  of  said  township  or  townships  for 
the  purpose  of  ascertaining  the  population  therein  con- 
tained, the  board  of  supervisors  shall  order  such  census  to 
be  taken  by  one  or  more  suitable  persons  appointed  therefor 
by  the  board  of  supervisors,  and  such  census  shall  be 
taken  by  such  persons  so  appointed  of  all  the  inhabitants 
of  such  township  or  townships;  the  full  name  of  each  person 
shall  be  plainly  written,  the  names  alphabetically  arranged 
and  regularly  numbered  in  one  complete  series,  and  when 
completed  shall  be  verified  before  any  officer  authorized  to 
administer  oaths,  and  be  filed  with  the  county  clerk  of  the 
county    wherein    such    census    is    taken,    and    thereupon    the 


125  COUNTY    GOVERNMENT.  Act  837,  §  2S 

same  shall  be  known  and  shall  be  the  official  census  of  said 
township  or  townships.  The  expenses  of  taking  such  cen- 
sus shall  be  a  county  charge. 

13.  Any  county  having  an  outstanding  indebtedness,  evi- 
denced by  bonds  or  warrants  thereof,  may  refund  such  in- 
debtedness and  issue  bonds  of  the  county  therefor,  and  any 
county  may  incur  or  refund  a  bonded  indebtedness  for  any 
purposes  for  which  the  board  of  supervisors  are  herein  au- 
thorized to  expend  the  funds  of  said  county.  Such  indebt- 
edness shall  be  refunded  or  incurred  in  the  following  man- 
ner, to  wit:  The  board  of  supervisors  thereof  shall  by  order 
specify  the  purpose  for  which  the  indebtedness  is  to  be  in- 
curred, the  amount  of  bonds  which  they  propose  to  issue,  the 
rate  of  interest,  and  the  number  of  years,  not  exceeding 
forty,  the  whole  or  any  part  of  said  bonds  are  to  run,  and 
shall  further  provide  for  submitting  the  question  of  the 
issue  of  said  bonds  to  the  qualified  electors  of  the  county 
at  a  special  election  to  be  called  by  the  board  for  that  pur- 
pose, and  the  words  to  appear  upon  the  ballot  shall  be 
"Bonds — Yes,"  and  "Bonds — No,"  or  words  of  similar  im- 
port. None  but  qualified  voters  of  the  county  shall  be  per- 
mitted to  vote  thereat,  and  it  shall  be  held  as  nearly  as 
practicable  in  conformity  with  the  general  election  law  of 
the  state.  .Notice  shall  be  given  of  such  election  by  publi- 
cation in  one  or  more  newspapers  published  in  the  county, 
once  a  week  for  at  least  four  weeks  or  daily  for  not  less 
than  thirty  days,  prior  to  said  election.  If  there  be  no  such 
newspaper,  then  by  posting  the  same  conspicuously  in  five 
public  places  in  said  county  at  least  thirty  days  before  said 
election.  Such  notice  must  contain  the  time  and  place  or 
places  of  holding  such  election,  the  name  of  election  officers 
to  conduct  the  same,  the  amount  and  denomination  of  the 
bonds,  the  rate  of  interest  to  be  paid,  and  the  number  of 
years,  not  exceeding  forty,  the  whole  or  any  part  of  such 
bonds  are  to  run.  If  any  election  officers  so  named  in  such 
notice  are  not  present  at  the  opening  of  the  polls,  the  electors 
present  may  appoint  election  officers  to  take  the  place  of 
such  election  officers  so  absent.  -  If  two-thirds  of  the  elec- 
tors of  the  county  voting  at  such  election  shall  vote  in 
favor  of  issuing  such  bonds,  the  board  must  proceed  to  issue 
the  amount  of  bonds  specified;  provided,  that  the  total 
amount  of  bonded  indebtedness  shall  at  no  time  exceed  five 
per  cent  of  the  taxable  property  of  the  county,  as  shown 
by  the  last  equalized  assessment  book  thereof.  This  limita- 
tion shall  not  apply  to  bonds  which  may  be  issued  to  re- 
fund  an  indebtedness   existing  January   first,   eighteen   hun- 


Act  837,  §  25  COUNTY    GOVERNMENT.  126 

dred  and  eighty.  The  board  of  supervisors,  by  an  order 
entered  upon  its  minutes,  shall  prescribe  the  form  of  said 
bonds,  and  of  the  interest  coupons  attached  thereto,  and  fix 
the  time  when  the  whole  or  any  part  of  the  principal  of 
said  bonds  shall  be  payable,  which  shall  not  be  more  than 
forty  years  from  the  date  thereof;  and  said  board  may  also, 
at  their  option,  by  a  provision  in  such  bonds,  make  such 
principal  payable  on  or  before  a  specified  date  at  the 
pleasure  of  the  county.  Said  bonds  may  be  issued  in  de- 
nominations not  to  exceed  one  thousand  dollars  and  not  less 
than  one  hundred  dollars;  principal  and  interest  payable  in 
gold  coin  of  the  United  States,  either  at  the  treasury  of  said 
county,  or  at  such  place  as  such  board  may  designate,  or  both 
at  such  treasury  or  such  designated  place,  at  the  option  of 
the  bondholder.  Interest  on  said  bonds  shall  not  exceed  six 
per  cent  per  annum,  payable  annually  or  semi-annually,  as 
said  board  may  designate.  Said  bonds  shall  be  signed  by 
the  chairman  of  the  board  of  supervisors,  and  attested  by  the 
auditor  of  said  county,  and  have  the  seal  of  the  board  of  su- 
pervisors attached,  and  said  coupons  shall  be  signed  by  said 
auditor  by  original  or  lithographed  fac-simile  signature;  and 
said  bonds  shall  be  sold  in  the  manner  prescribed  by  said 
board  of  supervisors,  but  for  not  less  than  par.  The  board 
of  supervisors  before  or  at  the  time  of  incurring  the 
indebtedness  of  any  bonds  issued  under  the  provisions  of  this 
act,  and  annually  thereafter  uutil  all  of  said  bonds  are  paid 
and  canceled,  must  levy  a  tax  for  that  year  upon  the  taxable 
property  of  said  county  for  the  interest  and  redemption  of 
said  bonds,  and  such  tax  must  not  be  less  than  sufficient  to 
pay  the  interest  on  said  bonds  for  that  year,  and  such  portion 
of  the  principal,  if  any,  as  is  to  become  due  during  such  year, 
and  in  any  event  must  be  sufficient  to  raise  mnually  for  the 
first  half  of  the  term  said  bonds  have  to  run,  a  sufficient  sum 
to  pay  the  interest  thereon ;  and  during  the  balance  of  the  term 
sufficient  to  pay  such  annual  interest,  and  to  provide  annually 
a  proportion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  out- 
standing and  dividing  it  by  the  number  of  years  said  bonds 
tben  have  to  run.  And  (she  board  of  supervisors,  before  or 
at  the  time  of  issuing  said  bonds  by  ordinance  shall  provide 
for  tb"  levy  of  an  annual  tax  Sufficient  to  effect  the  objects 
of  this  provision,  and  to  provide  for  the  payment  of  the  in- 
terest on  said  bonds  as  it  becomes  due,  and  also  sufficient  to 
constitute  a  sinking  fund  to  pay  the  principal  of  snch  in- 
debtedness at  or  before  maturity.  Such  tax  when  col  Ice  tod, 
shall  be  paid  into  the  treasury  of  the  county,  and  used  solely 


127  COUNTY    GOVERNMENT.  Act  837,  §  25 

to  pay  the  interest  and  principal  of  said  bonds  aj  they  respec- 
tively become  due. 

The  revenue  derived  from  the  sale  of  said  bonds  shall  be 
applied  to  the  purpose  specified  in  the  order  of  the  board, 
and  no  other.  Should  there  be  any  surplus,  it  shall  be  ap- 
plied toward  the  payment  of  said  bonds.  The  board  of  su- 
pervisors of  any  county  can  contract  a  bonded  indebtedness 
for  county  purposes  only  as  herein  provided. 

In  issuing  bonds  under  this  act,  the  board  of  supervisors 
may,  at  its  option,  use  the  following  form  of  bond  and 
coupon 

United  States  of  America. 

No.   .  County  of ,  $ 

State  of  California. 

The  county  of  ,  state  of  California,  hereby  acknowl- 
edges itself  indebted  and  promises  to  pay  the  bearer  here- 
of, on  the  first  day  of  ,  one  thousand (herein  in- 
sert, if  the  board  of  supervisors  elect  to  make  the  bond  pay- 
able on  a  certain  date,  or  before  that  date,  at  the  pleasure 
of  the  county,  the  words  "or  at  any  time  before  that  date, 
at  the  pleasure  of  the  county"),  with  interest  thereon,  in  Vke 

gold  coin,  at  the  rate  of  per  centum  per  annum  payable 

at  semi-annually   (or  annually)   on  the  first  day  of 

and (or  on  the  first  day  of  ,  if  interest  payable  an- 
nually) on  presentation  and  surrender  of  the  interest  cou- 
pon hereto  attached. 

This   bond    is    issued    by   the    board    of    supervisors    of   the 

county  of  ,   state   of   California,   in   strict   compliance 

with  an  act  of  the  legislature  entitled  "An  Act  to  establish 
a    uniform    system    of    county    and    township   governments  " 

approved   the   day  of  ,   1S9 — ,   and   in   pursuance  'of 

an  order  of  said  board  duly  made  on  the  day  of  , 

18 ,   and   with   the   assent   of  two-thirds   of  the   qualified 

electors  of  said  county,  voting  at  an  election  legally  called 

and    duly    held   for    that    purpose   on    the   dav    of   

18- .  y 

And  it  is  hereby  certified  and  recited  that  the  bonded 
indebtedness  of  said  county,  including  this  bond,  does  not 
exceed  five  per  cent  of  the  taxable  property  thereof,  as 
shown  by  the  last  equalized  assessment  of  said  county,  and 
that  provision  has  been  made  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest  on  this  indebtedness 
as   it  falls   due,   and   also   sufficient   to   Constitute   a   sinking 


Act  837,  §  25  COUNTY    GOVERNMENT.  12S 

fund    for   the    payment    of    said    indebtedness    at    or   before 
maturity. 

In  witness  whereof  the  said  county,  by  its  board  of  su- 
pervisors, has  caused  this  bond  to  be  signed  by  the  chair- 
man of  said  board,  and  attested  by  the  auditor  thereof,  and 
the  seal  of  the  board  of  supervisors  hereto  attached  this 
day  of  ,  oDe  thousand . 

Chairman   board   of   supervisors. 

Attest:     , 

County    Auditor. 

And    the   interest   coupon   may  be   in   the   following   form: 
"The   county   of  ,   state   of    California,    hereby    prom- 
ises to  pay  the  holder  hereof,  on  the  day  of  ,  one 

thousand   ,   at   ,   in    ■ $ United    States   gold 

coin,  for  interest  on  its  county  bound  No.  . 

"County   Auditor." 

If  the  Doard  of  supervisors  of  any  county  which  has 
issued  bonds  under  the  provisions  of  this  act  shall  fail  to 
make  the  levy  necessary  to  pay  such  bonds  or  interest  cou- 
pons at  maturity,  and  the  same  shall  have  been  presented 
to  the  county  treasurer  and  the  payment  thereof  refused, 
the  owner  may  file  the  bond,  together  with  all  unpaid 
coupons  with  the  state  controller,  taking  his  receipt  there- 
for, and  the  same  shall  be  registered  in  the  state  con- 
troller's office;  and  the  state  board  of  equalization  shall, 
at  their  next  session,  and  at  each  annual  equalization  there- 
after, add  to  the  state  tax  to  be  levied  in  said  county  a 
sufficient  rate  to  realize  the  amount  of  principal  or  inter- 
est past  due  and  to  become  due  prior  to  the  next  levy,  and 
the  same  shall  be  levied  and  collected  as  a  part  of  the  state 
tax  and  paid  into  the  state  treasury  and  passed  to  the  spe- 
cial credit  of  such  county  as  bond  tax,  and  shall  be  paid 
by  warrants,  as  the  payments  mature,  to  the  holder  of  such 
registered  obligations,  as  shown  by  the  register  in  the  of- 
fice of  the  state  controller,  until  the  same  shp'l  be  fully 
satisfied  and  discharged,  any  balance  then  remaining  be- 
ing passed  to  the  general  account  and  credit  of  said  county. 

14.  To  maintain,  regulate,  and  govern  public  pounds, 
fix  the  limits  within  which  animals  shall  not  run  at  large, 
and  appoint  poundkeepers,  who  shall  be  paid  out  of  the 
fines  imposed  and  collected  from  the  owners  of  impounded 
animals,  and   from  no   other  source. 


129  COUNTY    GOVERNMENT.  Act  837,  §  25 

15.  To   equalize   assessments. 

16.  To  direct  and-  control  the  prosecution  and  defense 
of  all  suits  to  which  the  county  is  a  party,  and,  by  a  two- 
thirds  vote  of  all  the  members,  may  employ  counsel  to  as- 
sist the  district  attorney  in  conducting  the  same. 

17.  To  insure  the  county  buildings  and  other  property 
in  the  name  of  and  for  the  benefit  of  the   county. 

18.  To  establish  a  salary  fund,  and  such  other  county 
funds  as  they  may  deem  necessary  for  the  proper  transac- 
tion of  the  business  of  the  county,  and  to  transfer  moneys 
from  one  fund  to  another,  as  the  public  interest  may  re- 
quire. 

19.  To  fill,  by  appointment,  all  vacancies  that  may  oc- 
cur in  any  office  filled  by  the  appointment  of  the  board  of 
supervisors  and  elective  county  or  township  officers,  except 
in  those  of  judge  of  the  superior  court  and  supervisor,  the 
appointee  to  hold  office  for  the  unexpired  term  or  until  the 
next  general   election. 

20.  They  may  appoint  in  each  county,  a  health  officer, 
whose  duty  it  shall  be  to  enforce  all  orders  and  ordinances 
of  the  board  of  supervisors,  pertaining  to  sanitary  matters, 
and  all  orders,  quarantine  regulations,  and  rules  prescribed 
by  the  state  board  of  health,  and  all  statutes  relating  to 
vital  statistics.  He  shall  give  to  the  duties  of  his  <7ffice 
such  time  and  attention  as  may  be  necessary  to  secure  gen- 
eral supervision  of  all  matters  pertaining  to  the  health  and 
sanitary  condition  of  the  county.  He  shall  be  a  graduate 
of  a  medical  college  of  good  standing  and  repute,  and  shall 
hold  office  for  a  term  of  one  year,  and  receive  for  his  serv- 
ices a  compensation  not  to  exceed  six  hundred  dollars  per 
annum. 

The  board  of  supervisors  shall  adopt  orders  and  ordi- 
nances necessary  for  the  preservation  of  the  public  health 
of  the  county,  not  in  conflict  with  general  laws,  and  pro- 
vide for  the.  payment  of  all  expense  incurred  in  enforcing 
the  same. 

For  any  unincorporated  town,  when  public  necessity  re- 
quires such  action,  the  bocvrd  of  supervisors  may  appoint 
s  special  health  officer,  who  shall,  in  such  town,  under  the 
supervision  of  the  county  health  officer,  exercise  all  neces- 
sary diligence  in  executing  the  ordinances,  rules  and  reg 
alations  of  the  board  of  supervisors,  or  the  state  boar  I 
of  health,  relatirjg  to  health  and  sanitary  matters.  II;;-, 
Gen.  Laws— 9 


Act  837,  §  25  COUNTY    GOVERNMENT.  130 

term  of  office  and  compensation  shall  be  fixed  by  the  board 
of  supervisors,  and  he  shall  receive  as  his  compensation  for 
services  not  to  exceed  one  hundred  dollars  in  any  one  year. 

21.  The  board  of  supervisors  of  the  several  counties  shall 
annually  advertise,  for  at  least  ten  days  in  a  newspaper 
of  general,  circulation  in  the  county  (if  there  be  a  news- 
paper published  in  the  county,  otherwise  by  posting  notices 
in  three  public  places),  for  sealed  bids  for  furnishing  the 
county  with  stationery,  clothing,  bedding,  groceries,  pro- 
visions, drugs,  medicines,  and  all  other  supplies.  All  bids 
shall  be  on  a  schedule,  showing  all  articles  needed  in  the 
several  offices  and  departments  prepared  by  the  clerk  of  the 
board,  sh;  11  state  separately  the  price  of  each  article  to 
be  furnished,  and  any  person  may  bid  upon  any  article 
separately. 

Tn  considering  such  bids,  the  board  may  accept  or  reject 
all  or  any  of  them,  or  may  accept  or  reject  a  part  of  any 
such  bid,  preference  being  given,  however,  to  the  lowest 
responsible  bidder.  All  supplies  furnished  the  county,  or 
any  officer  thereof,  shall  be  furnished  at  a  price  no  greater 
than  is  specified  in  the  bid  which  may  be  accepted  by  the 
board. 

The  board  shall  annually  fix  the  price  at  which  the 
county  shall  be  supplied  with  job  printing  and  blank  books, 
from  a  schedule  prepared  by  the  clerk  of  the  board,  show- 
ing all  blanks  and  blank  books  used  in  the  several  of- 
fices and  departments,  and  also  the  price  of  all  county  ad- 
vertising; and  each  county  officer  shall  procure  such  blank 
books,  job  printing,  and  advertising  required  for  the  proper 
discharge  of  his  official  duties,  such  printing  and  advertis- 
ing to  be  done  by  such  person  or  newspaper  as  such  county 
officer  may  designate,  at  a  price  no  greater  than  is  so 
fixed,  and  certify  the  bill  therefor  to  the  board  of  super- 
visors. 

A  square  of  advertising  shall  be  two  hundred  and  thirty- 
four  ems  nonpareil.  No  supplies,  printing,  stationery,  or 
books,  shall  be  procured  of  any  person  or  firm  whose  paper 
has  not  been  published,  or  whose  place  of  business  has  not 
been  established  in  the  county  for  one  year  or  more  prior  to 
the  time   for   fixing  said   prices. 

22.  The  board  shall  cause  to  be  published  a  semi-annual 
statement  of  the  financial  condition  of  the  county,  show- 
ing, in  detail  the  expenditures  authorized  during  the  pre- 
ceding six  months;  and  within  ten  days  after  each  session 
of  the  board,   a  fair  statement  of  all  their  proceedings. 


131  COUNTY    GOVERNMENT.  Act  S37,  §  Z5 

23.  To  make  and  enforce  such  rules  and  regulations  for 
the  government  of  their  body,  the  preservation  of  order, 
and  the   transaction  of  business,   as  may  be  necessary. 

24.  To  adopt  a  seal  for  the  board  a  description  and  im- 
pression of  which  must  be  filed  in  the  office  of  the  county 
clerk   and   for   the   secretary   of   state. 

25.  To  license,  for  purposes  of  regulation  of  revenue,  all 
and  every  kind  of  business  not  prohibited  by  law,  and 
transacted  and  carried  on  in  such  county,  and  all  shows, 
exhibitions,  and  lawful  games  carried  on  therein;  to  fix 
the  rates  of  license  tax  upon  the  same,  and  to  provide  for 
the  collection  of  the  same,  by  suit  or  otherwise;  provided, 
that  every  honorably  discharged  soldier,  sailor,  or  marine 
of  the  United  States,  who  is  unable  to  obtain  a  livelihood 
by  manual  labor,  shall  have  the  right  to  hawk,  peddle,  and 
vend  any  goods,  wares  or  merchandise  except  spirituous, 
malt,  vinous,  or  other  intoxicating  liquor,  without  payment 
of  any  license,  tax,  or  fee  whatsoever,  whether  municipal, 
county,  or  state;  and  the  board  of  supervisors  shall 
issue  to  such  soldier,  sailor,  or  marine,  without  cost,  a  li- 
cense therefor.  The  board  may  provide  that  any  such 
license  shall  cease  upon  the  non-payment  of  such  tax,  and 
any  person,  firm,  or  corporation  transacting  or  carrying  on 
such  business,  without  such  license  whenever  prescribed 
is  guilty  of  a  misdemeanor. 

26.  To  provide  for  the  destruction  of  gophers,  squirrels 
other  wild  animals,  noxious  weeds,  and  insects  injurious  to 
fruit  or  fruit  trees,  or  vines,  or  vegetable  or  plant  life. 

27.  To  provide  for  the  prevention  of  injuries  to  sheep  by 
dogs,  and  to  tax  dogs  and  direct  the  application  of  the  tax. 

28.  To  provide,  by  ordinances  not  in  conflict  with  the 
general  laws  of  the  state,  for  the  protection  of  fish  and 
game,  and  may  shorteD  the  season  for  the  taking  or  killing 
of  fish  and  game,  within  the  dates  fixed  by  the  general 
state  laws,  but  shall  not  lengthen  the  same. 

29.  To  provide  for  the  working  of  prisoners  confined  in 
the  county  jail,  under  judgment  of  conviction  of  misdemean- 
or, under  the  direction  of  some  responsible  person,  to  be 
appointed  by  the  sheriff,  whose  compensation  shall  not  ex- 
ceed one  hundred  dollars  per  month,  upon  the  public  grounds, 
roads,  streets,  alleys,  highways,  or  public  buildings,  or  in 
such  other  places  as  may  be  deemed  advisable,  for  the  ben- 
efit of  the   county. 


Act  837,  §  25  COUNTY    GOVERNMENT.  132 

30.  To   provide   for  the  burying  of   the  indigent  dead. 

31.  To  make  and  enforce,  within  the  limits  of  their 
county  all  such  local  police,  sanitary,  and  other  regulations 
as  are  not  in  conflict  with  general  laws. 

32.  To  adopt  such  rules  and  regulations  within  their  re' 
spective  counties,  with  regard  to  keeping  and  storing  of 
every  description  of  gunpowder,  Hercules  powder,  giant 
powder,  or  other  explosive  or  combustible  material,  as  the 
safety  and  protection  of  the  lives  and  property  of  indi- 
viduals  may   require. 

33.  To  appropriate  from  the  general  fund  of  the  county, 
unless  otherwise  in  this  act  provided,  not  to  exceed,  in 
counties  of  the  first  and  second  class,  the  sum  of  three 
thousand  dollars,  and  in  all  other  counties  the  sum  of  two 
thousand  dollars  in  any  one  year,  to  aid  in  or  carry  on  the 
work  of  inducing  immigration  thereto,  or  for  the  purpose 
of  exhibiting  or  advertising  the  agricultural,  mineral,  man- 
ufacturing,  or   other   resources   of   the    county. 

34.  To  enforce,  by  ordinance,  within  the  limits  of  their 
counties,  all  such  regulations  concerning  the  size  of  wagons 
and  vehicles  of  all  kinds  to  be  used  on  the  roads  or  high- 
ways, and  the  width  of  tires  on  the  same,  as  are  not  in 
conflict  with  general  laws. 

35.  To  grant  licenses  and  franchises  for  constructing, 
keeping,  and  taking  tolls  on  roads,  bridges,  ferries,  wharves, 
chutes,  booms,  and  piers,  and  to  grant  franchises  along 
and  over  the  public  roads  and  highways  for  all  lawful  pur- 
poses, upon  such  terms  and  conditions  and  restrictions  as 
in  their  judgment  may  be  necessary  and  proper,  and  in 
such  manner  as  to  prevent  the  least  possible  obstruction 
and   inconvenience   to   the   traveling   public. 

36.  To  grant  on  such  terms,  conditions,  and  restrictions 
as  in  their  judgment  may  be  necessary  and  proper,  licenses 
and  franchises  for  taking  tolls  on  public  roads  or  highways, 
whenever  in  their  judgment  the  expense  necessary  to  op- 
erate or  maintain  such  public  roads  or  highways  as  free 
public  highways  is  too  great  to  justify  the  county  in  so 
operating  or  maintaining  them.  It  shall  always  be  a  con- 
dition attached  to  the  granting  of  such  licenses  and  fran- 
chises, that  such  roads  or  highways  shall  be  kept  in  reason- 
able repair  by  the  person  or  persons  to  whom  such  licenses 
or   franchises   may   be    granted. 


133  COUNTY     GOVERNMENT.  Act  837,  §  §  25%,  28 

37.  To  enact  ordinances,  and  regulations  for  the  con- 
struction, alteration,  repair,  and  control  of  all  public  roads 
and  highways  in  the  county,  unless  otherwise  provided  by 
law. 

38.  To  levy  a  special  road  fund  tax,  not  to  exceed  two 
(2)  mills  on  the  one  dollar  of  assessed  valuation,  on  all 
the  property  in  such  counties,  outside  of  any  incorporated 
city  or  town.  Such  tax  shall  be  in  addition  to  all  taxes 
otherwise  provided  for,  and  the  fund  so  created  shall  be 
expended  for  the  construction  and  maintenance  of  the  main 
public  roads  or  county  highways  in  the  several  road  districts 
in   proportion   to   the   amount   collected  from   such   districts. 

39.  To  encourage  under  such  regulations  as  they  may 
adopt,  the  planting  and  preservation  of  shade  and  orna- 
mental trees  on  the  public  roads  and  highways,  and  on  and 
about  the  public  grounds  and  buildings  of  the  county,  and 
pay  to  persons  planting  and  cultivating  the  same,  for  every 
living  tree  thus  planted  at  the  age  of  four  years,  a  sum  not 
exceeding  one  dollar. 

40.  To  do  and  perform  all  other  acts  and  things,  required 
by  law  not  in  this  act  enumerated,  or  which  may  be  neces- 
sary to  the  full  discharge  of  the  duties  of  the  legislative 
authority  of  the  county  government. 

41.  To  provide  by  ordinance  for  the  organization  and 
government  of  districts,  to  protect  and  preserve  the  banks 
of  rivers  and  streams  and  lands  lying  contiguous  thereto 
from  injury  by  overflow  or  the  washing  thereof,  and  to  pro- 
vide for  the  improvements  of  said  rivers  and  streams,  and 
prevent  the  obstruction  thereof,  and  to  provide  tor  tne  as- 
sessment, levy,  and  collections  within  such  districts  of  a 
tax  therefor. 

Sec,  25y2.  The  board  of  supervisors  shall  adopt  or- 
ders and  enact  ordinances  necessary  for  the  preservation  of 
the  health  of  domestic  live  stock,  which  orders  and  ordi- 
nances shall  not  be  in  conflict  with  state  or  federal  laws, 
and  the  said  board  of  supervisors  shall  provide  for  the 
payment  of  all  expenses  incurred  in  enforcing  the  same, 
which  expenses  shall  be  a  county  charge  and  payable  in 
the  same  manner  and  out  of  the  same  funds  as  other  county 
charges  are  paid.  [New  section  approved  March  21,  1905; 
Stats.   1905,   p.    722.     In  effect  in   sixty   days.] 

Sec.  26.  The  enacting  clause  of  all  ordinances  of  the 
board   shall   be   as   follows:      "The   board  of   supervisors   of 


Act  837,  §§  27-29 


COUNTY    GOVERNMENT. 


the  county  of  do  ordain  as  follows."     Every  ordinance 

shall  be  signed  by  the  chairman  of  the  board  and  attested 
by  the  clerk.  On  the  passage  of  all  ordinances  the  votes 
of  the  several  members  of  the  board  shall  be  entered  on 
the  minutes,  and  all  ordinances  shall  be  entered  at  length 
in  the  "Ordinance  Book."  No  ordinance  passed  by  the 
board  shall  take  effect  within  less  than  fifteen  days  after 
its  passage,  and  before  the  expiration  of  the  said  fifteen 
days  the  same  shall  be  published,  with  the  names  of  the 
members  voting  for  and  against  the  same,  for  at  least  one 
week,  in  some  newspaper  published  in  the  county,  if  there 
be  one,  and  if  there  be  none  published  in  the  county,  then 
such  ordinance  shall  be  posted  at  the  courthouse  door  at 
least  one  week.  An  order  entered  in  the  minutes  of  the 
board  that  such  ordinance  has  been  duly  published  or  post- 
ed shall  be  prima  facie  proof  of  such  publication  or  posting. 

Sec.  27.  The  board  of  supervisors  shall  have  power  to 
direct  the  sheriff  to  attend,  in  person  or  by  deputy,  all  the 
meetings  of  the  board,  to  preserve  order,  serve  notices,  sub- 
poenas, citations,  or  other  process,  as  directed  by  the  board. 

Sec.  28.  Whenever  the  board  of  supervisors  of  any  coun- 
ty shall  deem  it  necessary  or  important  to  examine  any 
person  as  a  witness  upon  any  subject  or  matter  within  the 
jurisdiction  of  such  board,  or  to  examine  any  officer  of  the 
county  in  relation  to  the  discharge  of  his  official  duties, 
us  to  the  receipt  or  disposition  by  him  of  any  moneys,  or 
concerning  the  possession  or  disbursement  by  him  of  any 
property  belonging  to  the  county,  or  to  use,  inspect,  or  ex- 
amine any  books,  account,  voucher,  or  document  in  the  pos- 
session of  such  officer  or  other  person,  or  under  his  con- 
trol, relating  to  the  affairs  or  interests  of  such  county,  the 
chairman  of  such  board  shall  issue  a  subpoena,  in  proper 
form,  commanding  such  person  or  officer  to  appear  before 
such  board,  at  a  time  and  place  therein  specified,  to  be 
examined  as  a  witness;  and  such  subpoena  may  require  such 
person  or  officer  to  produce  on  such  examination  all  books, 
papers,  and  documents  in  his  possession  or  under  his  con- 
trol, relating  to  the  affairs  or  interests  of  the  county. 

Sec.  29.  It  shall  be  the  duty  of  the  sheriff  of  the  county 
to  whom  the  subpoena  is  delivered,  to  serve  the  same  by 
reading  it  to  the  person  named  therein,  and  at  the  same 
time  to  deliver  to  him  a  copy  thereof,  and  his  official  re- 
turn thereon,  of  the  time  and  place  of  such  service,  shall 
lie    prima  facie   evidt  nee    thereof. 


135  COUNTY    GOVERNMENT.  Act  837,  §  §  30-W2 

See.  30.  Whenever  the  board  of  supervisors  shall  ap- 
point any  members  of  their  body  a  committee  upon  any 
subject  or  matter  of  which  the  board  has  jurisdiction,  and 
has  conferred  upon  such  committee  power  to  send  for  per- 
sons and  papers,  the  chairman  of  such  committee  shall 
possess  all  the  powers  and  be  liable  to  all  the  duties  herein 
given  to  and  imposed  upon  the  chairman  of  the  board  of 
supervisors. 

Sec.  31.  Whenever  any  person  duly  subpoenaed  to  ap- 
pear and  give  evidence,  or  to  produce  any  books  and  pa- 
pers, as  herein  provided,  shall  neglect  or  refuse  to  appear, 
or  to  produce  such  books  and  papers,  as  required  by  such 
subpoena,  or  shall  refuse  to  testify  before  such  board  or 
committee,  or  to  answer  any  questions  which  a  majority 
thereof  shall  decide  to  be  proper  and  pertinent,  he  shall  be 
deemed  in  contempt,  and  it  shall  be  the  duty  of  the  chair- 
man of  the  board,  or  of  the  committee,  as  the  case  may 
be,  to  report  the  fact  to  the  judge  of  the  superior  court  of 
the  county,  or  of  the  city  and  county,  who  shall  thereupon 
issue  an  attachment  in  the  form  usual  in  the  court  of 
which  he  shall  be  judge,  directed  to  the  sheriff  of  the 
county  where  such  witness  was  required  to  appear  and 
testify,  commanding  the  said  sheriff  to  attach  such  per- 
son, and  forthwith  bring  him  before  the  judge  by  whose 
order  such   attachment   was  issued. 

Sec.  32.  On  the  return  of  the  attachment  and  the  pro- 
duction of  the  body  of  the  defendant,  the  said  judge  shall 
have  jurisdiction  of  the  matter,  and  the  person  charged 
may  purge  himself  of  the  contempt  in  the  same  way,  and 
the  same  proceedings  shall  be  had,  and  the  same  penalties 
may  be  imposed,  and  the  same  punishment  inflicted  as  in 
case  of  a  witness  subpoenaed  to  appear  and  give  evidence 
on  the  trial  of  a  civil  cause  before  a  superior  court. 

Sec.  33.  The  witnesses  summoned  to  testify  on  behalf 
of  the  county  in  matters  of  public  concern  before  the  board 
of  supervisors  are  not  entitled  to  have  their  fees  prepaid; 
but  the  board  must  allow  them  the  reasonable  expenses  of 
their  attendance. 

Sec.  33%.  To  appropriate  from  the  general  fund  of 
the  county,  unless  otherwise  provided,  not  exceeding  in 
counties  of  the  first  and  second  class  the  sum  of  twenty 
thousand  dollars,  and  in  all  other  counties  not  exceeding 
the   sum  of   ten   thousand   dollars   in   any   one   year,    to   aid 


Act  S37,  §§  34-36  COUNTY    GOVERNMENT.  138 

in  and  carry  on  the  work  of  the  preservation  of  forests 
upon  public  lands,  the  reforestation  of  forests  upon  public 
lands,  and  the  protection  of  forests  upon  public  lands  from 
fire.  [Amendment,  approved  March  20,  1905;  Stats.  1905, 
p.  394.     In   effect  in  sixty   days.] 

Sec.  34.  The  board  must  provide  printed  copies  of  the 
great  register,  poll  lists,  poll  books,  blank  returns  and  cer- 
tificates, proclamations  of  elections,  and  other  appropriate 
and  necessary  appliances  for  holding  all  elections  in  the 
county,  and  allow  reasonable  charges  therefor,  and  for  the 
transmission   and   return   of   the   same  to   the  proper  officers. 

Sec.  35.  "Whenever,  as  canvassers,  the  board  of  super- 
visors have  declared  the  result  of  an  election  held  in  the 
county,  certificates  must  be,  by  the  county  clerk,  issued 
to  all  persons  elected  to  a  county,  township,  or  district  of- 
fice therein,  and  such  other  certificates  must  be  made  out 
and   transmitted   as  required  by  law. 

Sec.  36.  The  board  must  not,  for  any  purpose,  contract, 
debts  or  liabilities,  in  any  manner  or  for  any  purpose, 
which  exceed  in  any  fiscal  year  the  income  and  revenue 
provided  for  such  year,  except  as  permitted  by  the  con- 
stitution. It  shall  be  the  duty  of  the  auditor,  at  the 
fommeneement  of  each  regular  session  of  the  board,  to 
lay  before  it  a  statement  prepared  by  him  of  the  aggregate 
amount  of  allowance  against  each  fund,  and  of  salaries  and 
liabilities  fixed  by  law,  paid  or  payable  therefrom  since 
the  beginning  of  the  fiscal  year,  together  with  a  state- 
ment of  receipts  of  each  fund  for  that  portion  of  the  year 
already  elapsed,  and  an  exact  estimate  of  the  revenue 
for  the  remainder  of  the  year  apportioned  to  the  different 
funds,  based  upon  the  receipts  for  the  corresponding 
portion  of  the  preceding  year.  Whenever  the  board  shall 
have  levied  the  state  and  county  tax  for  the  fiscal  year, 
the  auditor's  estimates  for  the  remainder  of  the  year 
shall,  as  to  receipts  from  property  tax,  be  based  upon  the 
assessment  roll  and  tax  levy,  deducting  ten  per  cent  for 
the  anticipated  delinquencies.  Up  to  and  including  the 
first  day  of  January  in  each  fiscal  year  the  board  shall 
have  no  power  for  any  purpose  to  contract  debts  or  lia- 
bilities in  any  manner  or  for  any  purpose  nor  to  make  any 
allowances  against  any  funds,  which  with  all  the  debts 
and  liabilities  previously  incurred  and  with  all  allowances 
previously  made,  and  salaries  and  liabilities  fixed  by  law 
payable    therefrom,    shall    exceed    seventy    per    cent    of    the 


137  COUNTY     GOVERNMENT.  Act  837,  §  J  37-40 

auditor's  estimate  of  revenue  for  the  year,  except  to  build 
or  repair  roads  and  bridges  which  have  been  destroyed  or 
made  impassable  by  flood  or  fire.  Any  debts  or  liabilities 
contracted  in  any  manner  or  for  any  purpose  and  any  al- 
lowances made  contrary  to  the  provisions  of  this  section 
shall  be  null  and  void  and  the  auditor  shall  not  draw  his 
warrant  therefor  nor  the  treasurer  pay  the  same.  When 
several  allowances  are  made  on  the  same  day,  they  shall 
be  deemed  to  have  been  in  the  order  in  which  they  are 
entered  in  the  "Allowance  Book,"  and  shall  be  certified 
in  that  order  by  the  auditor.  [Amendment  approved  March 
24,   1903.     Stats.    1903,  402;   in  effect   immediately.] 

Sec.  37.  Whenever  the  board  of  supervisors  shall  adopt 
plans  and  specifications  for  the  erection,  alteration,  con- 
struction, or  repair  of  any  public  building,  bridge,  or  other 
public  structure,  such  plans  and  specifications  shall  not  be 
altered  or  changed  in  any  manner  whereby  the  cost  of  such 
building,  bridge,  or  structure  shall  be  increased,  except  by 
a  vote  of  two-thirds  of  their  number. 

Sec.  38.  Whenever  the  board  of  supervisors  shall  enter 
into  a  contract  for  the  erection,  construction,  alteration,  or 
repair  of  any  public  building,  bridge,  or  other  structure, 
such  contract  shall  not  be  altered  or  changed  in  any  man- 
ner, unless  they  shall,  by  a  vote  of  two-thirds  of  their  num- 
ber, and  with  the  consent  of  the  contractor,  first  so  order. 
And  whenever  any  such  change  or  alteration  is  so  ordered, 
the  particular  change  or  alteration  shall  be  specified,  in 
writing,  and  the  cost  thereof  agreed  upon  between  the 
board  and  the  contractor.  In  no  case  shall  the  board  pay 
or  become  liable  to  pay  for  any  extra  work  done  on,  or  ex- 
tra  material   furnished   for,   such   building  or   structure. 

Sec.  39.  No  county  officer  shall,  except  for  his  own 
service,  present  any  claim,  account,  or  demand  for  allow- 
ance against  the  county,  or  in  any  way  except  in  the  dis- 
charge of  his  official  duty  advocate  the  relief  asked  in 
the  claim  or  demand  made  by  any  other.  Any  person  may 
appear  before  the  board  and  oppose  the  allowance  of  any 
claim    or    demand    made    against    the    county. 

Sec.  40.  The  board  of  supervisors  must  not  hear  or  con- 
sider any  claim  in  favor  of  any  public  officer,  person,  cor- 
poration, company,  or  association  against  the  county,  nor 
shall  the  board  credit  or  allow  any  claim  or  bill  against 
the   county   or   district   fund,   unless   the   same   be   itemized, 


Act  837,  §41  COUNTY    GOVERNMENT.  BS 

giving  names,  dates  and  particular  services  rendered, 
character  of  process  served,  upon  whom,  distance  traveled, 
when1  and  when,  character  of  work  done,  number  of  days 
engaged,  supplies  or  matt  rials  furnished,  to  whom,  and 
quantity  and  price  paid  therefor,  duly  verified  to  be  cor- 
rect, and  that  the  amount  claimed  is  justly  due,  and  is  pre- 
sented and  filed  with  the  clerk  of  the  board  within  a  year 
after  the  "last  item  of  the  account  or  claim  accrued.  If,  in 
case  of  any  claim  which  requires  itemizing,  the  board  do 
not  hear  or  consider  the  same  because  it  is  not  itemized, 
they  shall  cause  notice  to  be  given  to  the  claimant  or  his 
attorney  of  that  fact,  and  give  time  to  have  the  claim  item- 
ized and  reverified. 

Sec.  41.  No  account  shall  be  passed  upon  by  the  board, 
unless  made  out  as  prescribed  in  this  and  the  prec.eding 
section  and  filed  with  the  clerk  three  days  prior  to  the 
time  of  the  meeting  of  the  board  at  which  it  is  asked  to 
be   allowed. 

Such  dei'  Mid  shall  be  made  out  in  form  substantially  as 
follows: 

Clerk's    memorandum,    No.    .      Fund. 

Demand  of  ,   dated  ,  in  sum  of  $ ,  for 

.     Allowed    by    the    board    of    supervisors   ,    18 — , 

in    the    sum   of   $ . 

Attest:    ,   Clerk   of  Board. 

Demand   of    

No.    .      Fund    .      Demand    on    the    treasury 

of  the   county   of  ,   state  of  California,  for   the   sum   of 

dollars,    being    for   . 


Date.  Items.  Dollars.         Cents. 


Expenditures    authorized    and    approved    by    me. 


8tate   of  California, 
County  of 


The  undersigned  being  duly  sworn,  says:  That  the 
above  claim  and  the  items  as  therein  set  out  are  true  and 
correct;  that  no  part  thereof  has  been  heretofore  pai  I,  and 


139  COUNTY     GOVERNMENT.  Act  837,  §  V 

that  the  amount  therein  justly  due  this  claimant,  and  that 
the  same  is  presented  within  one  year  after  the  last  item 
thereof   has   accrued. 


Subscribed   and   sworn   to   before   me    this   day   of 

,   County   Clerk. 

Allowed   by   Board   of   Supervisors,   ,    18 ,   in   sum 

of  $ ,  payable  out  of  Fund. 

Attest:  — ,  Clerk  of  Board  of  Supervisors. 

Countersigned:    ,    Chairman    Board    of    Supervisors. 

Warrant    No.   . 

Allowed   ,    18 — ,   for   the    sum   of   $ ,   payable 

out  of  Fund. 


No.  .     Begistered  ,  189 — . 


— ,   County   Auditor. 

-,    County    Treasurer. 

Said  demand  shall  be  approved  before  filing  by  the  of- 
ficer who  directed  such  expenditure.  If  said  demand  be 
allowed  by  the  board,  the  clerk  or  the  board  shall  detach 
and  file  the  memorandum,  and  shall  indorse  on  such  de- 
mand "Allowed  by  the  board  of  supervisors,"  together 
with  the  date  of  such  allowance,  the  amount  of  such  al- 
lowance and  from  what  fund;  shall  attest  the  same  with 
his  signature,  and,  when  countersigned  by  the  chairman, 
shall  transmit  the  same  to  the  auditor,  who  shall  in  case  he 
allows  said  demand,  indorse  upon  it  "Allowed,"  together 
with  the  amount  for  which  it  is  allowed,  from  what  fund, 
date  and  number  of  the  warrant,  and  shall,  in  attestation 
thereof,  affix  his  signature  thereto  and  deliver  the  same  to 
the  claimant;  and  said  demand,  when  so  allowed  and  signed 
by  the  auditor,  shall  constitute  the  warrant  on  the  treas- 
ury, within  the  meaning  of  this  act. 

See.  42.  When  the  board  find  that  any  claim  presented 
is  not  payable  by  the  county,  or  is  not  a  proper  county 
charge,  it  must  be  rejected;  and  said  rejection  shall  be 
plainly  indorsed  on  said  claim;  if  they  find  it  to  be  a 
proper  county  charge,  but  greater  in  amount  than  is  justly 
due,  the  board  may  allow  the  claim  in  part,  and  draw  a 
warrant  for  the  portion  allowed,  on  the  claimant  filing  a  re- 
ceipt in  full  for  his  account.  If  the  claimant  is  unwilling 
to  receive  such  amount  in  full  payment,  the  claim  may  again 
be  considered  at  the  next  regular  session  of  the  board,  but 
not    afterward. 


Act  S37,  §§  43-47  COUNTY    GOVERNMENT.  140 

Sec.  43.  If  the  board  refuse,  or  neglect  to  allow  or  re- 
ject a  claim  or  demand  for  ninety  days,  after  the  same 
has  been  filed  with  the  clerk,  such  refusal  or  neglect  may, 
at  the  option  of  the  claimant,  be  deemed  equivalent  to 
final  action  and  rejection  on  the  ninetieth  day,  and  a 
claimant  dissatisfied  with  the  rejection  of  his  claim  or  de- 
mand, or  with  the  amount  allowed  him  on  his  account,  may 
sue  the  county  therefor  at  any  time  within  six  months 
after  the  final  action  of  the  board,  but  not  afterward,  and 
if,  in  such  action,  judgment  is  recovered  for  more  than 
the  board  allowed,  on  presentation  of  a  certified  copy  of 
the  judgment,  the  board  must  allow  and  pay  the  same,  to- 
gether with  the  costs  adjudged;  but  if  no  more  is  recov- 
ered than  the  board  allowed,  the  board  must  pay  the  claim- 
ant no  more  than   was   originally  allowed. 

Sec.  44.  Warrants  drawn  by  order  of  the  supervisors 
on  the  county  treasury  for  the  current  expenses  during 
each  year,  must  specify  the  liability  for  which  they  are 
drawn,  and  when  they  accrued,  and  must  be  paid  in  the 
order  of  the  presentation  to  the  treasurer.  If  the  fund  is 
insufficient  to  pay  any  warrant,  it  must  be  registered,  and 
thereafter  paid  in  the  order  of  registration. 

Sec.  45.  No  member  of  the  board  must  be  interested, 
directly  or  indirectly,  in  any  property  purchased  for  the 
use  of  the  county,  nor  in  any  purchase  or  sale  of  property 
belonging  to  the  county,  nor  in  any  contract  made  by  the 
board,  or  other  person,  on  behalf  of  the  county,  for  the 
erection  of  public  buildings,  the  opening  or  improvement 
of  roads,  or  the  building  of  bridges,  or  for  any  purpose, 
or  act  as  a  member  of  a  committee  or  board  of  reviewers. 

Sec.  46.  Whenever  an  application  is  made  to  the  board 
lor  an  order,  franchise  or  license  relating  to  any  toll  road, 
bridge,  ferry,  wharf,  chute,  pier  or  other  subject  over 
which  the  board  has  jurisdiction,  in  which  a  majority  of 
the  board  are  interested,  the  application,  by  order  of  the 
board,  must  be  transferred  to  the  superior  court  of  the 
county.  The  clerk  of  the  board  must  thereupon  certify 
the  application,  and  all  orders  and  papers  relating  thereto, 
to  said  superior  court,  and  thereafter  the  said  superior 
court  shall  have  full  jurisdiction  to  hear  and  determine  the 
application. 

Sec.  47.  All  public  notices  of  proceedings  of  or  to  be 
had  before  the  board,  not  otherwise  specially  provided   for, 


Ml  COUNTY    GOVERNMENT.  Act  837,  §§  48-52 

must  be  posted  at  the  courthouse  door,  and  two  other  pub- 
lic places  in  the  county. 

Sec.  48.  The  board  must  require  the  assessor  to  report 
to  the  state  board  of  equalization,  annually,  a  true  state- 
ment of  the  agricultural  and  industrial  pursuits  and  prod- 
ucts of  the  county,  with  such  other  statistical  information 
as  they  may  direct. 

Sec.  49.  All  claims  against  the  county,  presented  by 
members  of  the  board  of  supervisors  for  per  diem  and 
mileage,  or  other  service  rendered  by  them,  must  be  item- 
ized and  verified  as  other  claims,  and  must  state  that  the 
service  has  been  actually  rendered,  and  before  allowance 
such  claims  must  be  presented  to  the  district  attorney,  who 
must  indorse  thereon,  in  writing,  his  opinion  as  to  th>' 
legality  thereof,  if  the  district  attorney  declare  the  claim, 
or  any  part  thereof,  illegal,  he  must  state  specifically  where- 
in it  is  illegal,  and  the  claim,  or  such  part,  must  then  be 
rejected  by  said  board. 

Sec.  50.  The  board  must  have  prepared  by  the  clerk, 
and  when  he  is  not  also  auditor,  then  by  that  officer,  and 
under  their  direction,  prior  to  their  annual  meeting  for 
levying   taxes,   a  statement   showing: 

1.  The  indebtedness  of  the  county,  funded  and  floating, 
stating  the  amount  of  each  class,  and  the  rate  of  interest 
borne   by   such   indebtedness,    or   any   part    thereof. 

2.  A  concise  description  of  all  property  owned  by  the 
county,  with  an  approximate  estimate  of  the  value  thereof, 
and  the  amount  of  cash  in  the  county  treasury  aud  its 
several    funds. 

Sec.  51.  The'  board  must  receive  from  the  United 
States,  or  other  sources,  lands  and  other  property  granted 
or  donated  to  the  county  for  the  purpose  of  aiding  in  the 
erection  of  county  buildings,  roads,  bridges  or  other  spe- 
cific purposes,  and  may  use  the  same  therefor,  and  may  pro- 
vide for  the  sale  of  the  same,  and  the  application  of  the 
proceeds   thereof. 

Sec.  52.  The  board  may  provide  for  widening,  deepen- 
ing, straightening,  removing  obstructions  from  and  other- 
wise improving  all  streams  and  washes  within  the  county 
and  also  protecting  the  banks  and  adjacent  lands  from 
overflow  of  such  streams  or  washes,  when  the  same  are 
not  declared  by  law   to  be,   and   in  fact  are   not,  navigable 


Act  837,  §§  53-55  COUNTY   GOVERNMENT.  142 

for  commercial  purposes,  the  overflow  of  which  interferes 
with  highways;  and  provide  regulations  for  the  use,  repair, 
and  control  thereof;  but  no  regulations  of  the  board,  nor 
improvements  directed,  must  in  any  manner  interfere  with 
the  private  rights  or  privileges  of  riparian  owners,  miners 
or  others.  Whenever,  in  the  opinion  of  the  board  of  su- 
pervisors, the  general  fund  is  insufficient  to  defray  the 
cost  of  the  improvements  provided  for  under  this  section, 
they  may  levy  a  tax  or  contract  a  bonded  indebtedness 
therefor  in   the  manner  provided  by  this  act. 

Sec.  53.  Any  supervisor  who  refuses  or  neglects  to  per- 
form any  duty  imposed  on  him,  without  just  cause  there- 
for, or  who  willfully  violates  any  law  provided  for  his 
government  as  such  officer,  or  fraudulently  or  corruptly 
performs  any  duty  imposed  on  him,  or  willfully,  fraudu- 
lently or  corruptly  attempts  to  perform  an  act  as  super- 
visor, unauthorized  by  law,  in  addition  to  the  penalty  pro- 
vided in  the  Penal  Code,  forfeits  to  the  county  five  hun- 
dred dollars  for  every  such  act,  to  be  recovered  on  his 
official  bond,  and  is  further  liable  on  his  official  bond,  to 
any  person  injured  thereby,  for  all  damages  sustained. 

Sec.  54.  No  person  is  eligible  to  a  county,  district,  or 
township  office,  who,  at  the  time  of  his  election,  is  not"  of 
the  age  of  twenty-one  years,  a  citizen  of  the  state,  and 
an  elector  of  the  county,  district,  or  township  in  which  the 
duties  of  the  office  are  to  be  exercised;  provided,  that  any 
woman  who  is  of  the  age  of  twenty-one  years,  a  citizen 
of  the  state,  and  a  resident  of  the  county  or  district,  shall 
be  eligible  to  the  office  of  superintendent  of  public  schools, 
school  trustee,  or  member  of  the  county  board  of  educa- 
tion; and  provided  further,  that  no  person  shall  hereafter 
be  eligible  to  the  office  of  district  attorney  who  has  not 
been  admitted  to  practice  in  the  supreme  court  of  the  srntc- 
of  California;  and  provided  further,  that  the  county  live 
stock  inspector  shall,  at  the  time  of  his  appointment,  be  a 
duly  qualified  veterinary  surgeon  having  on  file  in  the  of 
fice  of  the  county  clerk  a  certificate  issued  to  him  by  the 
state  veterinary  medical  board.  (Amendment  approved 
March  21,  1905;  Stats.  1905,  p.  721.  In  effect  in  sixty 
days.] 

See.  55.  The  officers  of  a  county  are  a  sheriff,  a  county 
clerk,  an  auditor,  a  recorder,  a  license  collector,  a  tax 
collector,  who  shall  be  ex-officio  license  collector,  a  district 
attorney,    an    assessor,    a     treasurer,     a     superintendent     of 


143  COUNTY    GOVERNMENT.  Act  837,  §  §  55%,  c-K 

schools,  a  public  administrator,  a  coroner,  a  surveyor,  the 
members  of  the  board  of  supervisors,  a  live  stock  inspector, 
and  such  other  officers  as  may  be  provided  by  law.  In 
counties  where  the  board  of  supervisors  by  proper  ordi- 
nance so  elect,  except  as  otherwise  provided  in  this  act, 
the  duties  of  certain  of  the  above-mentioned  officers  are 
hereby  consolidated,  as  follows:  Sheriff  and  tax  collector; 
auditor  and  recorder;  county  clerk,  auditor  and  recorder; 
county  clerk  and  recorder;  county  clerk  and  auditor;  treas- 
urer and  tax  collector;  assessor  and  tax  collector;  public 
administrator  and  coroner.  In  counties  where  the  duties 
of  said  officers  have  been,  or  may  hereafter  be,  consolidated 
in  either  manner  above  designated,  the  board  of  super- 
visors thereof,  by  proper  ordinance,  may  elect  to  separate 
the  duties  so  consolidated,  and  reconsolidate  them  in  any 
other  manner  above  provided,  or  may  separate  said  duties 
without  reconsolidation,  and  provide  that  the  duties  of 
each  office  shall  be  performed  by  a  separate  person,  when- 
ever, in  their  discretion,  the  public  interest  will  be  best 
subserved  thereby.  When  offices  are  united  and  consoli- 
dated, the  person  elected  to  fill  the  offices  so  united  and 
consolidated  must  take  the  oath  and  give  the  bond  re- 
quired for  each,  discharge  all  the  duties  pertaining  to 
each,  and  receive  the  compensation  of  the  offices  consoli- 
dated. [Amendment  approved  March  21,  1905;  Stats.  1905, 
p.  722.     In  effect  in  sixty  days.] 

Sec.  55%.  The  live  stock  inspector  shall  be  appointed 
by  the  board  of  supervisors  whenever  in  the  discretion  of 
the  board  of  supervisors  the  interest  of  the  public  welfare 
demand  the  services  of  such  an  officer,  and  such  an  officer 
shall  hold  his  office  at  the  pleasure  of  the  appointing  pow- 
er. He  shall  receive  a  salary  in  the  sum  of  one  hundred 
and  twenty-five  dollars  per  month,  which  salary  shall  be 
paid  at  the  same  time  and  in  the  same  manner,  and  out  of 
the  same  funds  that  other  county  officers  are  paid.  [New 
section  approved  March  21,  1905;  Stats.  1905,  p.  722.  In 
effect  in  sixty  days.] 

Sec.  56.  The  officers  of  a  township  are  two  justices  of 
the  peace,  two  constables,  and  such  subordinate  officers  as 
axe  provided  by  law.  In  townships  containing  cities  in 
which  city  justices  or  recorders  are  elected,  there  shall  be 
but  one  justice  of  the  peace;  except  as  hereinafter  other- 
wise provided,  and  in  townships  having  a  population  less 
than  five  thousand,  there  shall  be  but  one  justice  of  the 
peace    and    one    constable,    and    except    in    townships    con- 


Act  837,  §§  57-59  COUNTY    GOVERNMENT.  144 

taining  a  population  of  more  than  one  hundred  thousand 
and  less  than  three  hundred  thousand,  there  shall  be  two 
justices  of  the  peace.  The  board  of  supervisors  of  each 
county,  as  public  convenience  may  require,  shall  divide 
their  respective  counties  into  townships  for  the  purpose 
of  electing  justices  of  the  peace  and  constables  and  shall 
appoint  competent  persons  to  fill  the  offices  of  justice  of 
the  peace  and  constable  created  by  this  act.  But  the  pro- 
visions of  this  section  shall  not  affect  any  present  incum- 
bent of  the  office  of  justice  of  the  peace  or  constable. 
[Amendment  approved  March  12,  1903.  Stats.  1903,  p.  129; 
in  effect  immediately.] 

Sec.  57.  "Whenever  notice  is  required  by  law  to  be  pub- 
lished in  a  newspaper  by  any  county  or  township  officer, 
the  person  for  whom  the  notice  is  to  be  given  shall  pay 
to  such  officer,  if  required,  the  fees  for  such  publication,  in 
advance.  And  failure  to  publish  any  notice  required  by  law 
pertaining  to  the  duties  of  his  office,  shall  be  a  misde- 
meanor. 

Sec.  58.  All  elective  county  and  township  officers,  and 
city  justices  of  the  peace,  except  otherwise  provided  for 
in  this  act,  shall  be  elected  at  the  general  election  at 
which  the  governor  is  elected,  and  shall  take  office  at 
twelve  o'clock  meridian  on  the  first  Monday  after  the  first 
day  of  January  next  succeeding  their  election.  All  officers 
elected  under  the  provisions  of  this  act  shall  hold  office 
until  their  successors  are  elected  or  appointed  and  quali- 
fied. Supervisors  shall  be  elected  at  the  general  election 
prior  to  expiration  of  the  term  of  the  incumbent.  The  su- 
pervisors of  any  county  created  after  the  first  day  of 
January,  eighteen  hundred  and  ninety-three,  shall,  within 
six  months  after  the  first  general  election  succeeding  the 
creation  of  such  county,  classify  themselves  by  lot  into 
tv/o  classes,  as  nearly  equal  in  number  as  possible,  and  the 
term  of  pffice  of  the  class  having  the  greater  number  shall 
expire  in  two  years  from  such  general  election,  and  the 
term  of  office  of  the  class  having  the  lesser  number  shall 
terminate  in  four  years  from  such  general  election. 

See.  59.  Every  country,  township,  or  district  officer,  ex- 
cept a  supervisor  or  judicial  officer,  may  appoint  as  many 
deputies  as  may  be  necessary  for  the  prompt  and  faithful 
discharge  of  the  duties  of  his  office.  Such  appointment 
must  be  made  in  writing,  and  filed  in  the  office  of  the 
county   clerk;   and   until   such   appointment   is   so    made    and 


146  COUNTY    GOVERNMENT.  A.ct  837,  §§  SO-61 

filed,    and    until    such    deputy    shall    have    taken    the    oath 
of  office,  no  one  shall  be  or  act  as  such  deputy. 

Sec.  60.  Whenever  the  official  name  of  any  principal  of- 
ficer is  used  in  any  law  conferring  power,  or  imposing  du- 
ties or  liabilities,  it  includes  deputies. 

Sec.  61.  All  county  officers  must  have  their  offices  at 
the  county  seat,  and  the  sheriff,  clerk,  recorder,  auditor, 
treasurer  and  district  attorney  must  keep  their  offices  open 
for  the  transaction  of  business  from  .nine  o  'clock  A.  M. 
until  five  o  'clock  P.  M.,  non-judicial  days  excepted. 

Sec.  62.  Whenever,  except  in  criminal  prosecutions,  any 
special  penalty,  forfeiture,  or  liability  is  imposed  on  any 
officer  for  non-performance  or  mal-performance  of  official 
duties,  the  liability  therefor  attaches  to  the  official  bond 
of  such  officer,  and  to  the  principal  and  sureties  thereon. 

Sec.  63.  Every  officer  mentioned  in  section  fifty-five, 
and  his  deputies,  and  every  justice  of  the  peace,  may  ad- 
minister  and    certify    oaths. 

Sec.  64.  A  county  or  township  officer  shall  in  no  case 
absent  himself  from  the  state  for  a  period  of  more  than 
sixty  days  in  any  one  year,  and  for  no  period  without 
the  consent  of  the  board  of  supervisors  of  the  county,  ex- 
cept when  on  business  for  the  state;  provided,  that  in  case 
of  illness  or  urgent  necessity,  the  board  of  supervisors 
may,  on  a  proper  showing  of  such  illness  or  urgent  neces- 
sity," extend  the  time  herein  limited,  for  the  absence  of 
any  such  officer,  not  to  exceed  six  months. 

Sec.  65.  Sheriffs,  clerks  and  constables,  and  their  depu- 
ties, are  prohibited  from  practicing  law,  or  acting  as  at- 
torneys or  counselors  at  law,  in  the  counties  where  they 
reside  and  hold  office,  or  from  having  as  a  partner  a  law- 
yer, or  any  one  who  acts  as  such,  and  no  county  officer, 
or  his  deputy,  except  district  attorneys  and  treasurers, 
shall  be  eligible  to  the  office  of  notary  public,  or  perform 
the  duties  of  the  same. 

Sec.  66.  The  board  of  supervisors  of  each  county  shall, 
on  or  before  the  first  Monday  in  September,  preceding  the 
election  of  the  following  officers,  prescribe  the  amount  in 
which  said  officers  must  execute  official  bonds:  Treasurer, 
county  clerk,  auditor,  sheriff,  tax  collector,  district  attor- 
ney, recorder,  assessor,  surveyor,  superintendent  of  schools, 
Gen.  Laws— 10 


Act  837.  j §  66a,  67  COUNTY    GOVERNMENT.  146 

public  administrator,  coroner,  justice  of  the  peace  and 
constable.  The  judge  or  judges  of  the  superior  court 
shall,  on  or  before  the  said  first  Monday  of  September, 
prescribe  the  amount  in  which  each  member  of  the  board 
of  supervisors  must  execute  an  official  bond  before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office.  The 
bonds  and  sureties  of  such  officers  must,  before  the  bonds 
can  be  recorded  and  filed,  be  approved  by  the  judge,  or 
judges,  if  there  be  more  than  one,  of  the  superior  court. 
All  persons  offered  as  sureties  on  official  bonds  may  be 
examined  on  oath  touching  their  qualifications,  and  no 
person  can  be  admitted  as  surety  on  any  such  bond  unless 
he  is  a  resident  and  freeholder  or  householder  within  the 
state,  and  is  worth  in  real  or  personal  property,  or  both, 
situate  in  this  state,  the  amount  of  his  undertaking,  over 
and  above  all  sums  for  which  he  is  already  liable,  exclusive 
of  property  exempt  from  execution  and  forced  sale.  All 
official  bonds  shall  be  recorded  in  the  office  of  the  county 
recorder,  and  then  filed  and  kept  in  the  office  of  the 
county  clerk.  The  official  bond  of  the  county  clerk  shall, 
after  being  recorded,  be  filed  and  kept  in  the  office  of  the 
county  treasurer.  The  tax  collector  shall  also  before 
qualifying  give  a  bond  as  license  collector  in  such  sum  as 
may  be  fixed  by  the  board  of  supervisors,  to  be  approved 
as   herein   provided. 

Sec.  66a.  It  shall  be  the  duty  of  the  board  of  super- 
visors of  each  county,  on  or  before,  the  first  day  of  Novem- 
ber of  each  year,  to  supply  the  secretary  of  the  State  Agri- 
cultural Society  upon  blanks  to  be  furnished  by  him  for 
that  purpose,  statistics  showing  the  products  grown,  pro- 
duced or  manufactured  in  said  county,  for  the  year  pre- 
ceding, and  the  expense  thereof  shall  be  a  county  charge, 
to  be  paid  as  other  county  charges  against  the  county. 
[New  section  approved  March  20,  1905;  Stats.  1905,  p.  476. 
In   effect   immediately.] 

COUNTY  TREASURER. 
Sec.  67.     The  county  treasurer  must: 

1.  Receive  all  moneys  belonging  to  the  county,  and  all 
other  moneys  by  law  directed  to  be  paid  to  him,  safely 
keep  the  same,  and  apply  and  pay  them  out,  rendering 
the  account  thereof  as  required  by  law. 

2.  File  and  keep  the  certificates  of  the  auditor  delivered 
to  him  when  moneys  are  paid  into  the  treasury. 


HT  COUNTY    GOVERNMENT.  Act  8S7,  §§  58-72 

3.  Keep  an  account  of  the  receipt  and  expenditure  of 
all  such  moneys,  in  books  provided  for  the  purpose,  in 
which  must  be  entered  the  amount,  the  time  when,  from 
whom,  and  on  what  account  all  moneys  were  received  by 
him;  the  amount,  time  when,  to  whom,  and  on  what  ac- 
count all  disbursements  were   made   by  him. 

4.  So  keep  his  books  that  the  amount  received  and  paid 
out  on  account  of  separate  funds  or  specific  appropria- 
tions are  exhibited  in  separate  and  distinct  accounts,  and 
the  whole  receipts  and  expenditures  shown  in  one  general 
or  cash  account. 

5.  Enter  no  moneys  received  for  the  current  year  on  his 
account  with  the  county  for  the  past  fiscal  year,  until  after 
his  annual  settlement  for  the  past  year  has  been  made  with 
the   county  auditor. 

6.  Disburse  the  county  moneys  only  on  county  warrants, 
issued  by  the  county  auditor,  except  on  settlement  with 
the  state. 

7.  Disburse  the  moneys  in  the  treasury  on  such  warrants 
only  when  they  are  based  on  orders  of  the  board  of  super- 
visors, or  upon  order  of  the  superior  court,  or  as  other- 
wise  provided  by  law. 

Sec.  68.  He  must '  receive  no  money  into  the  treasury 
unless  accompanied  by  the  certificate  of  the  auditor,  pro- 
vided for  in  section  one  hundred  and  eleven. 

Sec.  69.  When  any  money  is  paid  to  the  county  treas- 
urer he  must  give  to  the  person  paying  the  same  a  receipt 
therefor,  which  must  forthwith  be  deposited  with  the  coun- 
ty auditor,  who  must  charge  the  treasurer  therewith,  and 
give   the   person  paying  the   same   a  receipt. 

Sec.  70.  When  a  warrant  is  presented  for  payment,  if 
there  is  money  in  the  treasury  for  that  purpose,  he  must 
pay  the  same  and  write  on  the  face  thereof  "Paid,"  the 
date  of  payment,  and  sign  his  name  thereto. 

Sec.  71.  When  any  warrant  is  presented  to  the  treas- 
urer for  payment,  and  the  same  is  not  paid  foT  want  of 
funds,  the  treasurer  must  indorse  thereon  ' '  Not  paid  for 
want  of  funds,"  with  the  date  of  presentation,  and  sign 
his  name  thereto,  and  from  that  time  until  paid  the  war- 
rant bears  five   per  cent  interest   per   annum. 

Sec.  72.  When  there  are  sufficient  moneys  in  the  treas- 
ury   to    pay    the    warrants    drawing    interest,    the    treasurer 


Act   837,    §§    73-77  COUNTY    GOVERNCENT.  US 

must  give  notice  in  some  newspaper  published  in  the 
county,  or  if  none  is  published  therein,  then  by  written 
notice  posted  upon  the  courthouse  door,  stating  therein 
that  he  is  ready  to  pay  such  warrants.  From  the  first 
publication  or  posting  of  such  notice,  such  warrants  cease 
to   draw   interest. 

See.  73.  In  advertising  warrants  under  the  provisions 
of  the  preceding  section  in  any  newspaper,  the  treasurer 
must  not  publish  the  warrants  in  detail,  but  give  notice 
only  that  county  warrants  presented  for  payment  prior  to 
such  a  date,  stated  in  the  notice,  are  payable.  When  a 
part  only  of  the  warrants  presented  for  payment  on  the 
same  day  are  payable,  the  treasurer  must  designate  such 
payable   warrants   in    the    advertisement. 

Sec.  74.  Warrants  drawn  on  the  treasury,  and  properly 
attested,  are  entitled  to  preference  as  to  payment  out  of 
moneys  in  the  treasury  properly  applicable  to  such  war- 
rants, according  to  the  order  in  which  they  were  presented. 
The  time  of  presenting  such  warrants  must  be  noted  by 
the  treasurer,  and  upon  receipt  of  moneys  into  the  treas- 
ury not  appropriated,  he  must  set  apart  the  same,  or  so 
much  thereof  as  is  necessary  for  the  payment  of  such  war- 
rants. 

Sec.  75.  Shoubl  such  warrants  not  be  again  presented 
for  payment  within  sixty  days  from  the  time  the  notice 
hereinbefore  provided  for  is  given,  the  fund  set  aside  for 
the  payment  of  the  same  must  be  by  the  treasurer  applied 
to  the  payment  of  unpaid  warrants  next  in  order  of  regis- 
try. The  board  of  supervisors  may,  on  application  and 
presentation  of  warrants  properly  indorsed,  which  have 
been  advertised,  pass  an  order  directing  the  treasurer  to 
pay  them  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

Sec.  76.  When  the  treasurer  pays  any  warrant  upon 
which  any  interest  is  due,  he  must  note  on  the  warrant  the 
amount  of  interest  paid  thereon  and  enter  on  his  account 
the   amount  of  such  interest   distinct   from  the   principal. 

Sec.  77.  The  treasurer  must  settle  his  accounts  relating 
to  the  collection,  care  and  disbursement  of  public  revenue, 
of  whatsoever  nature  and  kind,  with  the  auditor,  on  the 
first  Monday  of  each  month.  For  the  purpose  of  making 
such    settlement,    he    must    make    a    statement,    under    oath, 


143  COUNTY  GOVERNMENT.  Act  837,    §§7Si-Sl 

of  the  amount  of  money  or  other  property  receiver!  prior 
to  the  period  of  such  settlement,  the  sources  whence  the 
same  was  derived,  the  amount  of  payments  or  disburse- 
ments, and  to  whom,  with  the  amount  remaining  on  hand. 
He  must,  in  such  settlements,  deposit  all  warrants  redeemed 
by  him,  and  take  the  auditor's  receipt  therefor.  He  must 
also  make  a  full  settlement  of  all  accounts  with  the  aud- 
itor, annually,  on  the  first  Monday  of  January,  in  the 
presence   of  the   supervisors. 

See.  78.  Each  county  treasurer  must  make  a  detailed 
report,  at  every  regular  meeting  of  the  board  of  super- 
visors of  his  county,  of  all  moneys  received  by  him,  and 
the  disbursement  thereof,  and  of  all  debts  due  to  and 
from  the  county,  and  of  all  other  proceedings  in  his  office, 
so  that  the  receipts  into  the  treasury  and  the  amounts  of 
disbursements,  together  with  the  debts  due  to  and  from 
the   county,   may    distinctly    appear. 

See.  79.  If  any  county  treasurer  neglect  or  refuse  to 
settle  or  report,  as  required  in  sections  seventy-seven  and 
seventy-eight,  he  forfeits  and  must  pay  to  the  county  the 
sum  of  five  hundred  dollars  for  every  such  neglect  or  re- 
fusal, and  the  board  of  supervisors  must  institute  suits  for 
the  recovery  thereof. 

Sec.  80.  If  the  district  attorney  refuse  or  neglect  to  ac- 
count for  and  pay  over  money  received  by  him,  as  required 
by  the  fifth  subdivision  of  section  one  hundred  and  thirty- 
two,  he  shall  be  liable  for  such  refusal  or  neglect  upon 
his  official  bond,  and  the  county  treasurer  must  bring  ah 
action  against  him  for  the  recovery  thereof,  in  the  name 
of  the  county,  and  may  recover  in  such  action,  in  addition 
to  the  amount  so  received,  fifty  per  cent  thereon  by  way 
of  damages.  And  no  order  of  the  board  of  supervisors  shall 
be  necessary  to  bring  such  action.  His  reasonable  expenses, 
including  attorney's  fees,  shall  be  a  county  charge. 

See.  81.  The  treausrer,  upon  receiving  from  the  coroner, 
or  justice  of  the  peace  acting  as  coroner,  money  found  on 
a  dead  body,  must  place  it  to  the  credit  of  the  county;  on 
receiving  other  property  in  like  manner,  he  must,  within 
thirty  days,  sell  it  at  public  auction,  upon  reasonable  pub- 
lic notice,  and  must,  in  like  manner,  place  the  proc<  i  ds  t<> 
the  credit  of  the  county.  All  said  moneys  must  b<.  kept  in 
a  separate  fund. 


Act  837,    §§   82-88  COUNTY   GOVERNMENT.  15.1 

Sec.  S2.  If  the  money  in  the  treasury  is  demanded 
within  six  years,  by  the  legal  representatives  of  the  dece- 
dent, the  treasurer  must  pay  it  to  them,  after  deducting 
the  fees  and  expenses  of  the  coroner,  and  of  the  c»unty, 
in  relation  to  the  matter,  or  the  same  may  be  so' paid  at 
any  time  thereafter,  upon  the  order  of  the  board  of  super- 
visors. 

Sec.  83.  The  county  treasurer  must  keep  all  moneys  be- 
longing to  this  state,  or  to  any  county  of  this  state,  in  his 
own  possession,  until  disbursed  according  to  law.  He  must 
not  place  the  same  in  the  possession  of  any  person,  to  be 
used  for  any  purpose;  nor  must  he  loan,  or  in  any  man- 
ner use,  or  permit  any  person  to  use  the  same,  except  as 
provided  by  law;  but  nothing  in  this  section  prohibits  him 
from  making  special  deposits  for  the  safekeeping  of  the 
public  moneys;  but  he  shall  be  liable  therefor  on  his  of- 
ficial   bond. 

Sec.  84.  Whenever  an  action,  based  upon  official  mis- 
conduct, is  commenced  against  any  county  treasurer,  the 
supervisors  may,  in  their  discretion,  suspend  him  from  of- 
fice until  such  suit  is  determined,  and  may  appoint  some 
person  to  fill  the  vacancy,  who  shall  qualify  and  give  such 
bond  as  may  be  required  by  the  board  of  supervisors. 

Sec.  85.  In  case  of  the  death  of  any  county  treasurer, 
his  legal  representatives  must  deliver  up  to  the  person 
appointed  to  fill  the  vacancy  occasioned  by  such  death,  all 
official  moneys,  books,  accounts,  papers  and  documents 
which    are    or    may    come    into    their    possession. 

Sec.  86.  The  books,  accounts  and  vouchers  of  the  treas- 
urer are  at  all  times  subject  to  the  inspection  and  exam- 
ination  of  the   board  of  supervisors   and  grand  jury. 

Sec.  87.  The  treasurer  must  permit  the  chairman  of  the 
board  of  supervisors,  district  attorney  and  auditor  to  ex- 
amine his  books  and  count  the  money  in  the  treasury,  when- 
ever they  may  wish  to  make  an  examination  or  counting. 

SHEEIFP. 

Sec.  88.  "Process,"  as  used  in  this  act,  includes  all 
writs,  warrants,  summons  and  orders  of  courts  of  justice, 
or  judicial  officers.  "Notice"  includes  all  papers  and  or- 
ders   (except    process)    required    to    be    served    in    any    pro- 


151  COUNTY  GOVERNMENT.  Act  837,   §§   S9-92 

reeding  before  any  court,  board  or  officer,  or  when  required 
by  law  to  be  served  independently  of  such  proceeding. 

Sec.  89.     The  sheriff  must: 

1.  Preserve    the    peace. 

2.  Arrest  and  take  before  the  nearest  magistrate  for  exam- 
ination all  persons  who  attempt  to  commit,  or  who  have 
committed,  a  public  offense. 

3.  Prevent  and  suppress  any  affrays,  breaches  of  the 
peace,  riots  and  insurrections  which  may  come  to  his 
knowledge. 

4.  Attend  all  superior  courts  held  within  his  county,  and 
obey  all  lawful  orders  and  directions  of  all  courts  held 
within   his   county. 

5.  Command  the  aid  of  as  many  male  inhabitants  of  his 
county  as  he  may  think  necessary  in  the  execution  of  these 
duties. 

6.  Take  charge  of  and  keep  the  county  jail,  and  the 
prisoners   therein. 

7.  Release  on  the  record  all  attachments  of  real  prop- 
erty, when  the  attachment  placed  in  his  hand  has  been  re- 
leased   or   discharged. 

8.  Indorse  upon  all  process  and  notices  the  year,  month, 
day,  hour  and  minute  of  reception,  and  issue  therefor  to 
the  person  delivering  it,  on  payment  of  fees,  a  certificate 
showing  the  names  of  the  parties,  title  of  paper  and  time 
when   received. 

9.  Serve  all  process  and  notices  in  the  manner  prescribed 
by  law. 

10.  Certify,  under  his  hand,  upon  process  or  notices,  the 
manner  and  time  of  service,  or  if  he  fails  to  make  service, 
the  reason  of  his  failure,  and  return  the  same  without  de- 
lay. 

Sec.  90.  When  process  or  notices  are  returnable  to  an- 
other county,  he  may  inclose  such  process  or  notice  in  an 
envelope,  addressed  to  the  officer  from  whom  the  same  em- 
anated, and  deposit  it  in  the  postoffice,  prepaying  postage. 

Sec.  91.  The  return  of  the  sheriff  upon  process  or  no- 
tices is  prima  facie  evidence  of  the  facts  in  such  return 
stated. 

Sec.  92.  If  a  sheriff  does  not  return  a  process  or  notice 
in    his    possession,    with    the    necessary    indorsement    there- 


Act  837,    §§   93-97  COUNTY  GOVERNMENT.  1B2 

on,  without  delay,  he  is  liable  to  the  party  aggrieved  for 
the  sum  of  two  hundred  dollars,  and  for  all  damages  sus- 
tained  by   him. 

Sec.  93.  If  the  sheriff  to  whom  a  writ  of  execution  is 
delivered  neglects  or  refiises,  after  being  required  by  the 
creditor  or  his  attorney,  the  fees  having  first  been  paid 
or  tendered,  to  levy  upon  or  sell  any  property  of  the  party 
charged  in  the  writ,  which  is  liable  to  be  levied  upon  and 
sold,  he  is  liable  to  the  creditor  for  the  value  of  such 
property. 

Sec.  94.  If  he  neglects  or  refuses  to  pay  over,  on  de- 
mand, to  the  person  entitled  thereto,  any  money  which 
may  come  into  his  hands  by  virtue  of  his  office  (after  de- 
ducting all  legal  fees),  the  amount  thereof,  with  twenty- 
five  per  cent  damages,  and  interest  at  the  rate  of  ten  per 
cent  per  month,  from  the  time  of  demand,  may  be  recov- 
ered by   such  person. 

Sec.  95.  A  sheriff  who  suffers  the  escape  of  a  person  ar- 
rested in  a  civil  action,  without  the  consent  or  connivance 
of  the  party  in  whose  behalf  the  arrest  or  imprisonment 
is   made   is  liable   as  follows: 

1.  When  the  arrest  is  upon  an  order  to  hold  to  bail,  or 
upon  a  surrender  in  exoneration  of  bail  before  judgment, 
he  is  liable  to  the  plaintiff  as  bail. 

2.  When  the  arrest  is  on  an  execution  or  commitment 
to  enforce  the  payment  of  money,  he  is  liable  for  the 
amount  expressed  in   the  execution  or  commitment. 

3.  When  the  arrest  is  on  an  execution  or  commitment 
other  than  to  enforce  the  payment  of  money,  he  is  liable 
for  the  actual  damages  sustained. 

4.  Upon  being  sued  for  damages  for  an  escape  or  res- 
cue, he  may  introduce  evidence  in  mitigation  and  exculpa- 
tion. 

Sec.  96.  He  is  liable  for  the  rescue  of  a  person  arrested 
in   a   civil   action,   equally  as  for  an   escape. 

Sec.  97.  An  action  cannot  be  maintained  against  the 
sheriff  for  a  rescue,  or  for  an  escape  of  a  person  arretted 
upon  an  execution  or  commitment,  if,  after  his  rescue  or 
escape,  and  before  the  commencement  of  the  action,  the 
prisoner  returns  to  the  jail,  or  is  retakeu  by  the  sheriif. 


153  COUNTY   GOVERNMENT.  Act   837,    §§    98-103 

See.  98.  No  direction  or  authority  by  a  party  or  his  at- 
torney to  a  sheriff,  in  respect  to  the  execution  of  process 
or  rrturu  thereof,  or  to  any  act  or  omission  relating  there- 
to, is  available  to  discharge  or  excuse  the  sheriff  from  a 
liability  for  neglect  or  misconduct,  unless  it  is  contained 
in  a  writing,  signed  by  the  attorney  of  the  party,  or  by 
the  party,  if  he  has  no  attorney. 

Sec.  99.  When  the  sheriff  is  committed,  under  an  exe- 
cution or  commitment,  for  not  paying  over  money  received 
by  him  by  virtue  of  his  office,  and  remains  committed  for 
sixty  days,  his  office  is  vacant. 

Sec.  100.  A  sheriff  or  other  ministerial  officer  is  justi- 
fied in  the  execution  of,  and  must  execute,  all  process  and 
orders  regular  on  their  face,  and  issued  by  competent  au- 
thority, whatever  may  be  the  defect  in  the  proceedings  up- 
on which  they  were  issued. 

Sec.  101.  The  officer  executing  process  must  then,  and 
at  all  times  subsequent,  so  long  as  he  retains  it,  upon  re- 
quest, show  the  same,  with  all  papers  attached,  to  any  per- 
son interested  therein. 

Sec.  102.  The  sheriff  in  attendance  upon  court  must  act 
as  the  crier  thereof,  call  the  parties  and  witnesses,  and 
all  other  persons  bound  to  appear  at  the  court,  and  make 
proclamation  of  the  opening  and  adjournment  of  the  court, 
and  of  any  other  matter  under  its  direction. 

Sec.  103.  Service  of  a  paper,  other  than  process,  upon 
the  sheriff  may  be  made  by  delivering  it  to  him  or  to  one 
of  his  deputies,  or  to  a  person  in  charge  of  the  office  dur- 
ing office  hours;  or,  if  no  such  person  be  there,  by  leav- 
ing it  in  a  conspicuous  place  in  the  office.  When  any  pro- 
cess remains  with  the  sheriff  unexecuted,  in  whole  or  in 
part,  at  the  time  of  his  death,  resignation  of  office,  or 
at  the  expiration  of  his  term  of  office,  said  process  shaH 
be  executed  by  his  successor  or  successors  in  office;  and 
when  the  sheriff  sells  real  estate,  under  and  by  virtue  of 
an  execution  or  order  of  court,  he  or  his  successors  in  of- 
fice shall  execute  and  deliver  to  the  purchaser  or  pur- 
chasers all  such  deeds  and  conveyances  as  are  required  by 
law  and  necessary  for  the  purpose,  and  such  deeds  and  con- 
veyances shall  be  as  valid  in  law  as  if  they  had  been  ex- 
ecuted by  the  slieriff  who  made  the  sale. 


Act   837,    §§    104-107  COUNTY    GOVERNMENT.  164 

Sec.  104.  When  tlie  sheriff  is  a  party  to  an  action  or 
proceeding,  the  process  and  orders  therein,  which  it  would 
otherwise  be  the  duty  of  the  sheriff  to  execute,  must  be 
executed  by  the  coroner  of  the  county;  provided,  when  any 
action  is  begun  against  the  sheriff,  all  process  and  orders 
may  be  served  by  any  person,  a  citizen  of  the  United  States 
over  the  age  of  eighteen  years,  in  the  manner  provided  in 
the  Code  of  Civil  Procedure. 

Sec.  105.  Process  or  orders  in  an  action  or  proceeding 
may  be  executed  by  a  person  residing  in  the  county,  desig- 
nated by  the  court,  or  the  judge  thereof,  and  denominated 
an   elisor,   in   the   following  cases: 

1.  When   the   sheriff  and   coroner  are  both   parties; 

2.  When  either  of  these  officers  is  a  party,  and  the  pro- 
cess is  against  the  other;  and 

3.  When  either  of  these  officers  is  a  party,  and  there 
is  a  vacancy  in  the  office  of  the  other,  or  where  it  ap- 
pears, by  affidavit,  to  the  satisfaction  of  the  court  in  which 
the  proceeding  is  pending,  or  the  judge  thereof,  that  both 
of  these  officers  are  disqualified,  or  by  reason  of  any  bias, 
prejudice  or  other  cause,  would  not  act  promptly  or  im- 
partially. 

When  process  is  delivered  to  an  elisor,  he  must  execute 
and  return  it  in  the  same  manner  as  the  sheriff  is  required 
to '  execute  similar  process.  Whenever  process  is  executed, 
or  auy  act  performed  by  a  coroner  or  elisor,  in  the  cases 
provided  by  law  in  that  behalf,  such  coroner  or  elisor 
shall  be  entitled  to  receive  a  reasonable  compensation,  to 
be  fixed  by  the  court,  to  be  paid  by  the  plaintiff  in  case 
of  the  summoning  of  jurors  to  complete  the  panel,  and  by 
the  person  or  party  requiring  the  service  in  all  other  cases 
in  private  action.  If  rendered  at  the  instance  of  the  peo- 
ple, it  shall  be  audited  and  paid  as  a  county   charge. 

Sec.  106.  The  sheriff  must  perform  such  other  duties  as 
are    required   by   law. 

COUNTY  CLERK. 

Sec.   107.     The   county   clerk   must: 

1.  Take  charge  of  and  safely  keep,  or  dispose  of,  ac- 
cording *to  law,  all  books,  papers  and  records  which  may 
be  filed  or  deposited  in  his  office. 

2.  Act  as  clerk  of  the  board  of  supervisors  and  as  clerk 
of  the  superior  court,  and  attend  each  session  thereof,  and 
upon  the  judge  at  chambers,  when  required. 


155  COUNTY  GOVERNMENT.  Act  837,    §§   108-ltl 

3.  Issne  all  process  and  notices  required  to  be  issued; 
enter  a  synopsis  of  all  orders,  judgments  and  decrees  proper 
to  be  entered,  unless  the  court  shall  order  them  to  be  en- 
tered at  length;  keep  in  the  superior  court  a  docket,  in 
which  must  be  entered  the  title  of  each  cause,  with  the 
date  of  its  commencement;  a  memorandum  of  every  subse- 
quent proceeding  therein,  with  date  thereof,  and  a  list  of 
all  the  fees  charged. 

4.  Keep  for  the  superior  court  an  index  of  all  suits,  la- 
beled ' '  General  Index— Plaintiffs, ' '  each  page  of  which  must 
be  divided  into  seven  columns,  under  their  respective  heads, 
alphabetically  arranged,  as  follows:  "Number  of  Suit," 
ct  Plain  tiffs,"  "Defendants,"  "Date  of  Judgment,"  "Num- 
ber of  Judgment, "  "  Page  of  Entry  of  Judgment  in  Judg- 
ment Book,"  "Page  of  Minute  Book";  also  an  index,  la- 
beled ' '  General  Index — Defendants, ' '  each  page  of  which 
must  be  divided  into  seven  columns,  under  their  respective 
heads,  alphabetically  arranged,  as  follows:  "Number  of 
Suit,"  "Defendants,"  "Plaintiffs,"  "Date  of  Judgment," 
"Number  of  Judgment,"  "Page  of  Entry  of  Judgment  in 
Judgment  Book,"  "Page  in  Order  Book";  keep  an  index 
of  the  names  of  persons  naturalized. 

Sec.  108.  He  must  keep  such  other  records  and  perform 
etieh  other  duties  as  are  prescribed  by  law. 

COUNTY  AUDITOR. 

Sec.  109.  The  auditor  must  issue  warrants  as  provided 
in  section  forty-one,  on  the  county  treasurer,  in  favor  of 
all  persons  entitled  thereto,  in  payment  of  all  claims  and 
demands  chargeable  against  the  county,  which  have  been 
legally  examined,  allowed  and  ordered  paid  by  the  board 
of  supervisors.  The  auditor  must  also  issue  warrants 
on  the  county  treasurer  for  all  debts  and  demands 
against  the  county,  when  the  amounts  are  fixed  by  law 
or  authorized  by  law  to  be  allowed  by  some  person  or 
tribunal  other  than   the  board  of  supervisors. 

Sec.  110.  All  warrants  must  distinctly  specify  the  lia- 
bility for  which  they  are   drawn,   and  when   it  accrued. 

Sec.  111.  The  auditor  must  examine  and  settle  the  ac- 
counts of  all  persons  or  officers  indebted  to  the  county,  or 
holding  moneys  payable  into  the  county  treasury,  and  must 
certify  the  amount  to  the  treasurer,  and  upon  the  presenta- 
tion  and   filing  of   the   treasurer's   receipt   therefor,   give    to 


Act  837,    §§    112-117  COUNTY   GOVERNMENT.  156 

such  persons  a  discharge,  and  charge  the  treasurer  with  the 
amount   received   by   him. 

Sec.  112.  The  auditor  must  keep  accounts  current  with 
the  treasurer,  and  when  any  person  deposits  with  the  aud- 
itor any  receipt  given  by  the  treasurer  for  any  money  paid 
into  the  treasury,  the  auditor  must  file  such  receipt,  and 
charge   the   treasurer   with   the   amount   thereof. 

Sec.  113.  All  warrants  issued  by  the  auditor  during  each 
year,  commencing  with  the  first  Monday  after  the  first  day 
of  January,  must  be  numbered  consecutively,  and  the  num- 
ber, date  and  amount  of  each,  and  the  name  of  the  per- 
son to  whom  payable,  and  the  purpose  for  which  drawn, 
must  be  stated  thereon;  and  they  must,  at  the  time  they 
are  issued,  be  registered  by  him,  and  after  such  warrants 
have  remained  uncalled  for  for  two  years  they  shall  be 
canceled. 

Sec.  114.  The  auditor  must,  between  the  first  and  tenth 
day  of  each  month,  examine  the  books  of  the  treasurer  and 
see   that   the   same   have  been   correctly   kept. 

See.  115.  The  chairman  of  the  board  of  supervisors,  dis- 
trict attorney  and  auditor,  must,  at  least  once  in  each 
month,  count  the  money  in  the  county  treasury,  and  make 
and   verify   in   duplicate,   statements    showing: 

1.  The  amount  of  money  that  ought  to  be  in  the  treas- 
ury. ' 

2.  The   amount   and   kind  of   money  actually   therein. 

Sec.  116.  They  must  file  one  of  the  statements  in  the 
office  of  the  county  clerk,  and  the  auditor  must  post  and 
maintain  the  other  in  his  office  for  at  least  one  month 
thereafter. 

Sec.  117.  The  auditor  and  treasurer  of  each  county  must, 
on  the  first  Monday  in  February,  May,  August,  and  No- 
vember, and  at  such  other  times  as  the  board  of  supervi- 
sors may  require,  make  a  joint  statement  to  the  board  of 
supervisors,  showing  the  whole  amount  of  collections  (stat- 
ing particularly  the  source  of  each  portion  of  the  revenue) 
from  all  sources  paid  into  the  county  treasury;  the  funds 
among  which  the  same  are  distributed,  and  the  amount  to 
each;  the  total  amount  of  warrants  drawn  and  paid,  and 
on  what  fund;  the  total  amount  of  warrants  drawn  and  un- 
paid,   and   accounts   or    claims    audited   or   allowed    and   un- 


157  COUNTY  GOVERNMENT.  Act  837     §§   118-120 

paid,  and  the  fund  out  of  which  they  are  to  be  paid,  and 
generally  make  a  full  and  specific  showing  of  the  financial 
condition  of  the  county.  The  board  of  supervisors  shall 
cause  to  be  prepared,  and  shall  publish  each  year  a  sta- 
tistical report  showing  in  compendious  form  all  the  finan- 
cial transactions  of  the  county  for  the  last  fiscal  year,  ex- 
hibiting separately  the  receipts  and  expenditures  by  or  on 
account  of  each  office,  board,  commission,  institution,  court, 
and  road  district  and  school  district,  and  classifying  the 
principal  items  of  income  and  expenditure,  so  as  to  show 
the  financial  transactions  and  the  financial  condition  of 
the  county.  [Amendment  approved  March  23,  1901.  Stats. 
1901,  p.  686.     In  effect   immediately.] 

Sec.  118.  The  auditor  must  discharge  such  other  duties 
as  are  required  by  law. 

COUNTY  EECOEDER. 

Sec.  119.  The  recorder  must  procure  such  books  for 
records  as  the  business  of  his  office  requires,  but  orders 
for  the  same  must  first  be  obtained  from  the  board  of  su- 
pervisors. The  books  used  may  contain  printed  forms  of 
deeds,  mortgages  or  other  instruments  of  general  use.  He 
has  the  custody  of,  and  must  keep  all  books,  records,  maps 
and  papers  deposited  in  his  office. 

Sec.  120.  He  must,  upon  the  payment  of  his  fees  for  the 
same,  record,  separately,  in  large  and  well-bound  separate 
books,  in  a  fair  hand: 

1.  Deeds,  grants,  transfers  and  mortgages  of  real  estate, 
releases  of  mortgages,  powers  of  attorney  to  convey  real 
estate,  and  leases  which  have  been  acknowledged  and  ap- 
proved. 

2.  Mortgages   of   personal   property. 

3.  Certificates    of    marriage    and    marriage    contracts. 

4.  Wills  admitted  to   probate. 

5.  Official   bonds. 

6.  Notice  of  mechanics'  liens. 

7.  Transcripts  of  judgments,  which  by  law  are  made 
liens   upon   real   estate. 

8.  Notices   of   attachments   upon   real   estate. 

9.  Notices  of  the  pendency  of  an  action  affecting  real 
estate,   the    title   thereto,   or   the   possession   thereof. 


let  837,    §    121  COUNTY   GOVERNMENT.  158 

10.  Instruments  describing  or  relating  to  the  separate 
property   of   married   women. 

11.  Births  and  deaths;  and, 

12.  Such  other  writings  as  are  required  or  permitted 
by  law  to  be  recorded. 

See.    121.     Every   rei-order   must   keep: 

1.  An  index  of  deeds,  grants  and  transfers,  labeled 
"Grantors,"  each  page  divided  into  four  columns,  headed, 
respectively:  "Names  of  Grantors,"  "Names  of  Grantees," 
"Date  of  Deeds,  Grants  or  Transfers"  and  "Where  Re- 
corded. ' ' 

'2.  An  index  of  d<  <  ds.  labeled  "Grantees,"  each  page  di- 
vided into  four  columns,  headed,  respectively:  "Names 
of  Grantees,"  "Names  of  Grantors, "  "Date  of  Deeds, 
Grants  or  Transfers,"  and  "'Where  Recorded. " 

3.  Two  indices  of  mortgages,  labeled,  respectively: 
"Mortgagors  of  Real  Property,"  "Mortgagors  of  Personal 
Property,"  with  the  pages  thereof  divided  irto  five  col- 
umns, headed,  respectively:  "Names  of  Mortgagors," 
"Names  of  Mortgagees,"  "Date  of  Mortgages,"  "Where 
Recorded,"  "When  Discharged." 

4.  Two  indices  of  mortgages,  labeled,  respectively: 
"Mortgagees  of  Real  Property,"  "Mortgagees  of  Personal 
Property,"  with  the  pages  thereof  divided  into  five  col- 
umns, headed,  respectively:  "Names  of  Mortgagees," 
"Names  ef  Mortgagors, "  "Date  of  Mortgages,"  "Where 
Recorded,"   "When    Discharged. " 

5.  Two  indices  of  releases  of  mortgages,  labeled  respec- 
tively: "Releases  of  Mortgages  of  Real  Property — Mortga- 
gors," "Releases  of  Mortgages  of  Personal  Property — 
Mortgagors,"  with  pages  thereof  divided  into  six  columns, 
headed,  respectively:  "Parties  Releasing,"  "To  Whom 
Releases  are  Given,"  "Date  of  Releases,"  "Where  Re- 
leases are  Recorded,"  "Date  of  Mortgages  Released," 
"Where   Mortgages   Released   are   Recorded." 

6.  Two  indices  of  releases  of  mortgages,  labeled,  respec- 
tively: "Releases  of  Mortgages  of  Real  Property — Mortga- 
gees, "  "  Releases  of  Mortgages  of  Personal  Property — 
Mortgagees,"  with  pages  thereof  divided  into  four  col- 
umns, headed,  respectively:  "Parties  Whose  Mortgages  are 
Released,"  "Parties  Releasing,"  "Date  of  Releases," 
"Where  Recorded." 

7.  An  index  of  powers  of  attorney,  labeled:  "Powers 
of  Attorney, ' '  each  page  divided  into  five  columns,  headed, 


159  COUNTY    GOVERNMENT.  Act   837.    §    121 

respectively:  "Names  of  Parties  Executing  the  Powers," 
"To  "Whom  Powers  are  Executed,"  "Date  of  Powers," 
'Date    of    Recording,"    "Where    Powers    are    Recorded." 

8.  An  index  of  leases,  labeled:  "Leases — Lessors,"  each 
page  divided  into  four  columns,  headed,  respectively: 
"Names  of  Lessors,"  "Names  of  Lessees,"  "Date  of 
Ltases, "  "When  and  Where  Recorded." 

9.  An  index  of  leases,  labeled:  "Leases — Lessees,"  each 
page  divided  into  four  columns,  headed,  respectively: 
"Names  of  Lessees,"  "Names  of  Lessors,"  "Date  of 
Leases,"   "When   and   Where    Recorded." 

10.  An  index  of  marriage  certificates,  labeled:  "Mar- 
riage Certificates- — Men,"  each  page  divided  into  six  col- 
umns, headed,  respectively:  "Men  Married,"  "To  Whom 
Married,"  "When  Married,"  "By  Whom  Married," 
' '  Where  Married, "  "  Where  Certificates  are  Recorded. ' ' 

11.  An  index  of  marriage  certificates,  labeled:  "Mar- 
riage Certificates — Women, ' '  each  page  divided  into  six 
columns,  headed,  respectively:  "Women  Married"  (and 
under  this  head  placing  the  family  names  of  the  women), 
"To  Whom  Married,"  "When  Married,"  "By  Whom  Mar- 
ried," "Where  Married,"  "Where  Certificates  are  Re- 
corded." 

12.  An  index  of  assignments  of  mortgages  and  leases, 
labeled:  "Assignments  of  Mortgages  and  Leases — Assign- 
ors," each  page  divided  into  five  columns,  headed,  respec- 
tively: "Assignors,"  "Assignees,"  "Instruments  As- 
signed," "Date  of  Assignment,"  "When  and  Where  Re- 
corded." 

13.  An  index  of  assignments  of  mortgages  and  leases, 
labeled:  "Assignments  of  Mortgages  and  Leases — As- 
signees," each  page  divided  into  five  columns,  headed,  re- 
spectively: "Assignees,"  "Assignors,"  "Instruments  As- 
signed," "Date  of  Assignment,"  "When  and  Where  Re- 
corded. " 

14.  An  index  of  wills,  labeled:  "Wills,"  each  page  divid- 
ed into  four  columns,  headed,  respectively:  "Names  cf 
Testators,"  "Date  of  Wills,"  "Date  of  Probate,"  "When 
and   Where   Recorded." 

15.  An  index  of  official  bonds,  labeled:  "Official  Bonds," 
each  page  divided  into  five  columns,  headed,  respectively: 
"Names  of  Officers,"  "Names  of  Offices,"  "Date  of 
Bonds,"  "Amount  of  Bonds,"  "When  and  Where  Re- 
corded." 


Act  837,  §§  122.  123  COUNTY  GOVERNMENT.  160 

16.  An  index  of  notices  of  mechanics'  liens,  labeled: 
"Mechanics'  Liens,"  each  page  divided  into  three  col- 
umns, headed,  respectively:  "Parties  Against  Whom 
Claimed,"  "Parties  Claiming  Liens,"  "Notices- — When 
and   Where   Recorded." 

'  17.  An  index  to  transcripts  of  judgments,  label''1,: 
"Transcripts  of  Judgments,"  each  page  divided  into  sevi  u 
columns,  headed,  respectively:  "Judgment  Debtors," 
"Judgment  Creditors,"  "Amount* of  Judgments,"  f'Where 
Recovered,"  "When  Recovered,"  "  Wlun  Transcript 
•Filed, "  "  When  Judgment  Satisfied. ' ' 

18.  An  index  of  attachments,  labeled:  "Attachments," 
each  page  divided  into  six  columns,  headed,  respectively, : 
"Parties  against  Whom  Attachments  an  [ssued, "  "Part 
Issuing  Attachments,"  '''Notices  of  Attachments,"  "W)m;i 
Recorded,"  "Where  Recorded,"  "When  Attachments  Dis- 
charged. " 

19.  An  index  of  notices  of  the  pendency  of  actions,  la- 
beled, "Notices  of  Actions,"  each  page  divided  into  three 
columns,  headed,  respectively,  "Parties  to  the  Action," 
"Notices — WThen    Recorded,"    "Where    Recorded." 

20.  An  index  of  the  separat.  property  of  married  women, 
lain  led:  "Separate  Property,"  each  page  divided  into  five 
columns,  headed,  respectively:  "Names  of  Married  Wom- 
en," "Names  of  Their  Husbands,"  "Nature  of  Instruments 
Recorded,"    "When    Recorded,"    "Where   Recorded." 

21.  An  index  to  the  register  of  births  and  deaths. 

22.  Such  other  books  of  record  and  indices  as  are  or 
may   be   required  by   law. 

23.  An  index  of  decrees  of  distribution  in  probate,  la- 
beled: "Decrees  of  Distribution,"  divided  into  six  col- 
umns, headed,  respectively:  "Whose  Estate,"  "Name  of 
Administrator,"  "Names  of  Distributees,"  "Date  of  De- 
cree," "In  What  Court,"  "Where  Recorded." 

Sec.  122.  The  recorder  must  keep  in  his  office  a  book, 
to  be  called  "Certificates  of  Sales,"  and  record  therein  all 
certificates  of  sales  of  real  estate  sold  under  execution, 
or  under  order  made  in  any  judicial  proceeding.  He  must 
also  prepare  an  index  thereto,  in  which,  in  separate  col- 
umns, he  must  enter  the  names  of  the  plaintiff  in  the  ex- 
ecution, the  defendant  in  the  execution,  the  purchaser  at 
the   sale,   and    the   date  of  the   sale. 

Sec.  123.  The  recorder  must  file  and  record  with  tho 
record   of    deeds,    grants,    and    transfers,   certified    copies    of 


161  COUNTY  GOVERNMENT.  Act  837,  §§  124-128 

final  judgments  or  decrees  partitioning  or  effecting  the  ti- 
tle or  possession  of  real  property,  any  part  of  which  is  sit- 
uate  in   the   county   of  whieh   he   is   recorder. 

Sec.  124.  Every  such  certified  copy  of  partition,  from 
the  time  of  filing  the  same  with  the  recorder  for  record, 
imparts  notice  to  all  persons  of  the  contents  thereof;  and 
subsequent  purchasers,  mortgagees,  and  lienholders  pur- 
chase and  take  with  like  notice  and  effect  as  if  such  copy 
of  decree  was  a  duly  recorded  deed,  grant  or  transfer. 

Sec.  125.  The  recorder  may  keep  in  the  same  volume 
any  two  or  more  of  the  indices  mentioned  in  section  one 
hundred  and  twenty-one;  but  the  several  indices  must  be 
kept  distinct  from  each  other,  and  the  volume  distinctly 
marked  on  the  outside  in  such  a  way  as  to  show  all  the 
indices  kept  therein.  The  names  of  the  parties  in  the 
first  column  in  the  several  indices  must  be  arranged  in 
alphabetical  order,  nd  when  a  conveyance  is  executed  by 
a  sheriff,  the  name  of  the  sheriff  and  the  party  charged 
in  the  execution  must  both  be  inserted  in  the  index;  and 
when  an  i-strument  is  recorded  to  whieh  an  exeeutor,  ad- 
ministrator, or  trustee  is  a  party,  the  name  of  sueh  exe- 
cutor, administrator,  or  trustee,  together  with  the  name  of 
the  testator,  or  intestate,  or  party  for  whom  the  trust  is 
held,  must  be  inserted  in   the  index. 

Sec.  126.  When  any  instrument,  paper,  or  notice,  author- 
ized by  law  to  be  recorded,  is  deposited  in  the  recorder's 
office  for  record,  the  recorder  must  indorse  upon  the  same 
the  time  when  it  was  received,  noting  the  year,  month, 
day,  hour,  and  minute  of  its  reception,  the  amount  of  fees 
for  recording,  and  must  record  the  same  without  delay,  to- 
gether with  the  acknowledgments,  proofs,  and  certificates, 
written  upon  or  annexed  tn  the  same,  with  the  plats,  sur- 
veys, schedule,  and  other  papers  thereto  annexed,  in  the 
order  in  which  the  same  were  received  for  record,  and  must 
note  at  the  foot  of  the  record  the  exact  time  of  its  recep- 
tion, and  the  name  of  the  person  at  whose  request  it  was 
recorded. 

Sec.  127.  He  must  also  indorse  upon  each  instrument, 
paper,  or  notice  the  time  when,  the  book  and  pages  in 
which  it  is  recorded,  and  must  thereafter  deliver  it  to  the 
party  leaving  the  same  for  record,  or  upon  his  order. 

Sec.   128.     It  shall  be  the  duty  of  the  recorder,  upon  the 
payment   or   tender  of   the   fees   therefor,   to   take   and   cer- 
Gen.  Laws — 11 


Act  887,  §§  12H-132  POT-NTT    GOVERNMENT.  1HL' 

tify   the   acknowledgment   of   all   instruments  authorized   by 
law   to   be   acknowledged. 

Sec.  129.  If  any  recorder  to  whom  an  instrument,  proved 
nr  acknowledged  according  to  law,  or  any  paper  or  notice 
which   may  by  law  be  recorded,  is  delivered   for  record: 

1.  Neglects  or  refuses  to  record  such  instrument,  paper, 
or  notice  within  a  reasonable  time  after  receiving  the 
same;  or, 

2.  Records  any  instrument,  paper,  or  notice,  willfully  or 
negligently,  untruly,  or  in  any  other  manner  than  is  here- 
inbefore  directed;   or, 

3.  Neglects  or  Tefuses  to  keep  in  his  office  such  indices 
as  are  required  by  this  article,  or  to  make  the  proper  en- 
tr'n  s  therein ;  or, 

4.  Alters,  changes,  or  obliterates  any  records  deposited 
in  his  office,  or  inserts,  any  new  matter  therein,  he  is  liable 
to  the  party  aggrieved  for  three  times  the  amount  of  the 
damages   which   may  be  occasioned  thereby. 

Sec.  130.  He  shall  not  record  any  instrument,  or  file 
any  paper  or  notice,  or  furnish  any  copy,  or  render  any 
service  connected  with  his  office,  until  his  fees  for  the 
name,  as  pnscribed  by  law,  are,  if  demanded,  paid  or  ten- 
dered. 

Sec.  131.  All  books  of  record,  maps,  charts,  surveys,  and 
other  papers  on  file  in  the  recorder's  office,  must,  during 
office  hours,  be  open  for  inspection  by  any  person,  without 
charge;  and  the  recorder  must  arrange  the  books  of  record 
and  indii  s  in  his  offiee  in  such  suitable  places  as  to  facil- 
itate   their    inspection. 

DISTRICT  ATTORNEY. 

Sec.  132.  The  district  attorney  is  the  public  prosecutor, 
and    must: 

1.  Attend  the  courts,  and  conduct,  on  behalf  of  the  peo- 
ple,   all    prosecutions    for   public    offenses. 

2.  Institute  proceedings  before  the  magistrates  for  the 
arrest  of  persons  charged  with  or  reasonably  suspected  of 
puldie,  offenses,  when  he  has  information  that  any  such 
offenses  have  been  committed;  and  for  that  purpose,  when 
not  engaged  in  criminal  proceedings  in  the  superior  court, 
or  in  civil  cases  on  behalf  of  the  people,  must  attend  upon 
the  magistrates  in   cases  of  arrest,  when   required  by  them, 


163  COUNTY   GOVERNMENT.  Act  837,  J  §  133-  13C 

and  attend  before  and  give  advice  to  the  grand  jury,  when- 
ever   eases   are    presented   to    them   for    their    consideration. 

3.  Draw  all  indictments  and  informations,  defend  all 
suits  brought  in  his  county,  against  the  state  or  his  county 
wherever  brought,  prosecute  all  recognizances  .  forfeited 
in  the  courts  of  record,  and  all  actions  for  the  recovery  of 
debts,  fines,  penalties,  and  forfeitures  accruing  to  the  state 
or  his  county. 

4.  Deliver  receipts  for  money  or  property  received  in 
his  official  capacity,  and  file  duplicates  thereof  with  the 
county   treasurer. 

5.  On  the  first  Monday  of  each  month  file  with  the 
auditor  an  account,  verified  by  his  oath,  of  all  moneys  re- 
ceived by  him  in  his  official  capacity  during  the  preceding 
month,  and  at  the  same  time  pay  them  over  to  the  county 
treasurer. 

6.  Give,  when  required,  and  without  fee,  his  opinion  in 
writing,  to  eounty,  district,  and  township  officers,  on  mat- 
ters  relating   to   the   duties  of  their   respective   offices. 

Sec.  133.  The  district  attorney  is  the  legal  adviser  of 
the  board  of  supervisors.  He  must  attend  their  meetings, 
when  required,  and  must  attend  and  oppose  all  claims  and 
accounts  against  the  county,  when  he  deems  them  unjust 
and  illegal. 

Sec.  134.  The  district  attorney,  except  for  his  own  serv- 
ices, must  not  present  any  claim,  aecount  or  demand  for 
allowance  against  the  eounty,  nor  in  any  way  advocate  the 
relief  asked  on  any  claim  or  demand  made  by  another. 

COUNTY  SURVEYOR. 

Sec.  135.  The  county  surveyor  must  be  a  licensed  land 
surveyor  of  the  state,  and  must  make  any  survey  that  may 
be  required  by  order  of  court  or  of  the  board  of  super- 
visors, or  upon  application  of  any  person;  keep  a  correct  and 
fair  record  of  all  surveys  made  by  him,  number  them  in  the 
order  made,  and  proserve  a  copy  of  the  field  notes  and 
calculations  of  each  survey,  and  indorse  thereon  its  proper 
number;  a  copy  of  the  same,  and  a  fair  and  accurate  plat, 
together  with  a  certificate  of  survey,  must  upon  application, 
be  furnished  by  him  to  any  person,  upon  payment  of  the 
fees  allowed  by  law. 

Sec.  136.  Any  person  owning  or  claiming  lands  which 
are  divided  by  eounty  lines,  and  wishing  to  have  the  same 


Nit  837,  §5  137-140  COUNTY    GOVERNMENT.  lfil 

surveyed,  may  apply  to  the  surveyor  of  any  county  in  which 
any  part  of  such  land  is  situated,  and  on  such  application 
being  made,  the  surveyor  must  make  the  survey,  which  is 
as  valid  as  though  the  lands  were  situated  entirely  within 
the   county. 

Sec.  137.  When  land,  the  title  to  which  is  in  dispute  be- 
fore any  court,  is  divided  by  a  county  line,  the  court  mak- 
ing an  order  of  survey  may  direct  the  order  to  the  sur- 
veyor of  any  county  in  which  any  part  of  the  land  is  sit- 
uated. In  all  surveys  the  courses  must  be  expressed  ac- 
cording to  the  true  meridian,  and  the  variation  of  the  mag- 
netic meridian  from  the  true  meridian  must  be  expressed 
on  the  plat,  with  the  date  of  the  survey. 

Sec.  138.  Each  county  surveyor  must,  when  required, 
aid  and  assist  the  surveyor-general  in  making  surveys  with- 
in the  county.  When  the  county  surveyor  is  interested 
in  any  land,  the  title  to  which  is  in  dispute,  and  a  survey 
thereof  is  necessary,  the  court  must  direct  the  survey  to 
be  made  by  some  disinterested  person,  and  the  person  so 
appointed  is  for  that  purpose  authorized  to  administer  and 
certify  oaths.  He  must  return  such  survey,  verified  by  his 
aflidavit  annexed  thereto,  and  receive  for  his  services  the 
same  fees  as  the  county  surveyor  would  be  entitled  to  for 
similar  service. 

Sec.  139.  The  county  surveyor  shall  copy,  plat,  or  trace 
all  maps  filed  for  record  in  the  office  of  the  county  recorder 
of  the  couuty  for  which  he  shall  be  elected,  and  shall  be 
ex-officio  deputy  county  recorder  for  said  county  for  such 
purposes  at  the  cost  of  the  party  filing  the  same  for  rec- 
ord; provided,  however,  that  all  maps  and  plats  filed  by  a 
licensed  land  surveyor,  and  such  other  mays  and  plats  as 
are  filed  and  are  thereby  made  a  record,  are  exempt  from 
the  provisions  .of  this  act.  The  county  surveyor  shall  plat, 
trace,  blue-print,  or  otherwise  make  all  county,  township, 
road,  district,  and  all  other  maps,  and  all  assessor's  block 
books,  for  the  county  of  which  he  is  surveyor.  All 
such  maps  which  are  platted,  traced,  blue-printed,  or  oth- 
erwise made  as  aforesaid,  shall  be  filed  in  the  county  sur- 
veyor's office,  together  with  all  data  obtained  by  the  coun- 
ty surveyor  from  other  sources,  and  the  same  thereafter 
shall    become    the    property   of   the    county. 

Sec.  140.  The  county  surveyor  shall  make  such  surveys 
of  county  roads,  and  perform  such  other  engineering  work 
as    the    board    of    supervisors    may    direct.      All    such    maps 


165  COUNTY  GOVERNMENT.  Act  83.",  §§  1« -1« 

and  field  notes  of  surveys  shall  be  filed  in  the  office  of 
the  county  surveyor,  and  the  same  shall  thereafter  be  &nd 
remain  the  property  of  the  county.  It  shall  be  the  duty 
of  the  county  surveyor  to  advise  the  board  of  supervisors 
regarding  all  engineering  work,  and  to  perform  such  engi- 
neering work  for  the  county  as  may  be  required  by  the 
board    of    supervisors. 

Sec.  141.  The  board  of  supervisors  of  each  county  shall 
provide,  for  the  use  of  the  county  surveyor,  a  suitable  of- 
fice, office  furniture,  heat,  light,  and  care  for  the  same,  of- 
fice and  record  books,  and  other  necessary  material,  also 
all  necessary  expenses  and  transportation  on  work  per- 
formed in  the  field.  In  lieu  of  fees,  as  now  provided  by 
law,  the  county  surveyor  shall  receive  such  compensation 
as  the  board  of  supervisors  may  allow,  not  to  exceed  ten 
dollars  per  day  for  all  work  performed  for  the  county,  and 
in  addition  thereto,  all  necessary  expenses  and  transporta- 
tion  on  work  performed  in  the  field. 

COUNTY   CORONER. 

Sec.  142.  The  coroner  must  hold  inquests  as  prescribed 
by  chapter  two,  title  twelve,  part  two,  of  the  Penal  Code. 
The  coroner,  or  other  officer  holding  the  inquest  upon  the 
body  of  a  deceased  person,  may  subpoena  a  ehemist  to 
make  an  analysis  of  the  contents  of  the  stomach  or  of  the 
tissues  of  the  body,  or  a  physician  or  surgeon  to  inspect 
the  body,  or  hold  a  post-mortem  examination  of  the  de- 
ceased, and  give  a  professional  opinion  as  to  the  cause  of 
death,  and  shall  cause  the  testimony  given  by  the  witness 
to  be  reduced  to  writing,  under  his  direction,  and  may, 
upon  the  written  order  of  the  district  attorney,  employ 
a  clerk  or  stenographer  for  such  purpose,  at  the  same  com- 
pensation allowed  to  stenographers  in  the  superior  court 
of  the  county;  and  when  such  testimony  is  taken  down  by 
stenographer,  his  transcription  thereof,  duly  certified  to, 
shall  constitute  the   deposition  of  such  witness. 

Sec.  143.  When  an  inquest  is  held  by  the  coroner,  and 
no  other  person  takes  charge  of  the  body  of  deceased,  he 
must  cause  it  to  be  decently  interred;  and  if  there  is  not 
sufficient  property  belonging  to  the  estate  of  the  deceased 
to  pay  the  necessary  expenses  of  the  burial,  the  expenses 
are  a  legal   charge   against   the   county. 

Sec.  144.  It  shall  be  the  duty  of  the  coroner  of  each 
county  to  keep  an  official  register,  to  be  labeled  "Coroner's 


Art  837,  §§  145-14S  COUNTY   GOVERNMENT.  166 

register,"  in  which  he  shall  enter  the  date  of  holding  all 
inquests,  the  name  of  the  deceased,  when  known,  and 
when  not,  such  description  of  the  deceased  as  may  be  suffi- 
cient for  identification;  property  found  on  the  person  of 
d,  it  any;  what  disposition  was  made  of  the  same 
by  the  coroner;  the  cause  of  death,  when  known,  and  such 
other  information  as  may  pertain  to  the  identity  of  the  de- 
ceased. 

Bee.  145.  The  coroner  must,  within  thirty  days  after  an 
inquest  upon  a  dend  body,  deliver  to  the  county  treasurer, 
or  the  legal  representatives  of  the  deceased,  any  money 
or   other    property    found   upon   the   body,   and   at   the   same 

linn    file   an    affidavit   with   the   treasurer,   showing: 

1.  Tin    amount  of  money  or  other  property  belonging  to 
tate   of  the   deceased   person   which   has   come  into   his 

D    since    his    last    statement. 

2.  'I'll,    disposition   made  of  such   property. 

3.  If  the  coroner,  or  any  justice  of  the  peace  acting  as 
coroner,  fail  to  deliver  to  the  treasurer,  within  thirty  days 
after  any  inquest  upon  a  dead  body,  all  money  and  property 
found  upon  such  body,  unless  claimed  in  the  mean  time 
by  the  public  administrator,  or  other  legal  representative 
■  it'  tin  decedent,  as  required  by  this  section,  the  district 
attorney  must  proceed  against  the  coroner  or  justice  of  the 
peace  acting  as  coroner,  to  recover  the  same,  by  civil  ac- 
tion, in  the   name  of  the   county. 

Sec.  146;  If  the  office  of  coroner  is  vacant,  or  he  is  ab- 
sent, or  unable  to  attend,  the  duties  of  his  office  may  be 
discharged  by  any  justice  of  the  peace  of  the  county,  with 
the  like  authority,  and   subject  to  the  same  obligations  and 

penalties    as    the    coroner. 

Sir.  147.  In  the  cases  specified  in  section  one  hundred 
and   four,   the   coroner   must  discharge  the  duties  of  sheriff. 

Sec.  148.  The  assessor  must  perform  such  duties  as  are 
prescribed  in  title  nine,  part  three,  of  the  Political  Code, 
and  such  other  duties  as  are  required  by  law;  provided, 
that  where  any  salary  is  allowed  to  the  assessor,  by  law, 
then  where  such  officer  is  charged,  or  to  be  charged,  with 
the  making  of  maps  or  block  books,  he  shall  be  allowed 
tin  actual  cost  of  making  the  same,  and  must  file  with 
the  county  auditor  a  sworn  statement,  monthly,  showing 
in   detail  the   names  of  persons,   and   amounts  paid  to   each 


1G7  CCrCNTY   GOVERISTMENT.  Act  837,  §§  149-i:.2V 

for  such  expense,  and  the  assessor  must  thereupon  pay  over 
and  account  to  the  county,  or  city  and  county,  for  the  dif- 
ference between  any  amount  allowed  for  such  purpose,  anc 
the  amount  actually  expended  by  him  therefor. 

Sec.  149.  The  tax  collector  must  perform  such  duties  as 
are  prescribed  in  title  nine,  part  three,  of  the  Politica* 
Code,  and  as  license  collector  shall  collect  all  county  li- 
censes, and  shall  perform  such  other  duties  as  are  required 
by  law.  He  shall,  at  least  once  a  month  and  oftener,  in  hie 
discretion,  pay  the  public  money  in  his  hands  into  the 
county  treasury,  taking  the  receipt  of  the  treasurer  there- 
for. 

Sec.    150.     The   school   superintendent   must  perform   such 

duties   as   are   prescribed   in   title   three,   part  three,   of   the 

Political  Code,  and  shall  perform  such  other  duties  as  are 
required  by  law. 

Sec.  151.  The  public  administrator  must  perform  such 
duties  as  are  prescribed  in  chapter  thirteen,  title  eleven, 
part  three,  of  the  Code  of  Civil  Procedure,  and  shall  per- 
form such  other  duties  as  are  required  by  law. 

See.  152.  It  shall  be  the  duty  of  the  public  administrator 
to  keep  a  book,  to  be  labeled  "Begister  of  public  adminis- 
trator," in  which  he  shall  enter  the  name  of  every  deceased 
person  on  whose  estate  he  shall  administer,  the  date  of 
granting  letters,  money  received,  the  property  appraised 
and  its  value,  proceeds  of  all  sales  of  property,  the  amount 
of  his  fees,  the  expenses  of  administration,  the  amount  of 
estate  after  all  charges  and  expenses  have  been  paid,  the 
disposition  of  property  on  distribution,  the  date  of  dis- 
charge of  administrator,  and  such  other  matters  as  may 
b^  necessary  to  give  a  full  and  complete  history  of  each 
estate  administered  by  him.  The  publication  of  the  semi- 
annual report  required  to  be  made  by  the  public  adminis- 
trator  shall    be    a    county    charge. 

Sec.  152 y2.  It  shall  be  the  duty  of  the  live  stock  in- 
spector, acting  under  the  supervision  of  the  state  veter- 
inarian, to  enforce  all  laws  of  the  State  of  California,  and 
all  orders  and  ordinances  of  the  board  of  supervisors  of 
his  county  pertaining  to  the  health  and  sanitary  surround- 
ings of  all  live  stock  in  his  county,  and  for  that  purpose 
he  is  hereby  authorized  and  empowered,  by  and  with  the 
approval  of  the  board  of  supervisors,  to  establish,  maintain, 


Act  827.  §§  153-157  COUNTY    GOVERNMENT.  168 

and  enforce  such  quarantine,  sanitary  and  other  regulations 
as  he  may  deem  proper  and  necessary.  He  shall  give  to 
the  duties  of  his  office  such  time  and  attention  as  may  be 
necessary  to  secure  the  general  protection  and  advancement 
of  all  matters  pertaining  to  the  health  and  sanitary  condi- 
tion of  the  domestic  livestock  of  his  county.  [New  sec- 
tion added  March  21,  1905;  Stats.  1905,  p.  723.  In  effect, 
in   sixty  days.] 

Sec.  153.  Constables  must  attend  the  courts  of  justices 
of  the  peace  within  their  townships  whenever  so  required, 
and  within  their  counties  execute,  serve  and  return  all  writs, 
processes  and  notices  directed  or  delivered  to  them  by  jus- 
tices of  the  peace  of  such  county,  or  by  any  competent  au- 
thority; provided,  however,  that  no  constable  shall  have 
jurisdiction  or  authority  to  serve  any  writ,  notice,  or  other 
process  issued  by  any  justice  or  justice 's  court  of  any  town- 
ship other  than  the  justice  or  justice's  court  of  the  town- 
ship in  and  for  which  he  may  be  constable  without  the 
boundaries  of  the  township  in  and  for  which  he  is  constable, 
and  any  service  by  a  constable  of  any  writ,  notice,  or  other 
process  issued  by  any  justice  or  justice's  court  of  any  town- 
ship other  than  the  township  in  and  for  which  he  is  duly 
elected  and  qualified  constable,  outside  of  the  boundaries 
of  the  township  in  and  for  which  he  is  such  constable,  shall 
be  void.  Constables  shall  charge  and  collect  for  their  serv- 
ices such  fees  as  are  now  or  may  hereafter  be  allowed. 
[Amendment  approved  March  20,  1905.     Stats.  1905,  p.  393.] 

Sec.  154.  All  provisions  of  sections  eighty-eight,  eighty- 
nine,  ninety,  ninety-one,  ninety-two,  ninety-three,  ninety- 
four,  ninety-five,  ninety-six,  ninety-seven,  ninety-eight, 
niiK  ty-iiim ,  oni  hundred,  one  hundred  and  one,  one  hun- 
dred and  two,  and  one  hundred  and  three,  except,  the 
fourth  and  sixth  subdivisions  of  section  eighty-nine,  apply 
to  constables,  and  govern  their  powers,  duties,  and  liabil- 
ities. 

Sec.  155.  Justices  of  the  peace  must  perform  such  du- 
ties as  are  prescribed  in  title  eleven,  part  two,  of  the  Code 
of  Civil  .Procedure,  and  such  other  duties  as  are  prescribed 
by  law. 

Sec.  156.  The  salaries  of  officers  must  be  paid  monthly 
from  the  county  salary  fund  of  the  treasury,  on  the  warrant 
of   the    auditor. 

Sec.  157.  For  the  purpose  of  regulating  the  compensa- 
tion of  all  officers  herein  provided  for,  the  several  counties 
of  this  state  are  hereby  classified,  according  to  their  popu- 


169  COUNTY   GOVERNMENT.  Act  837,  5  1ST 

lation  (as  ascertained  and  determined  in  section  ten),  as 
follows,    to    wit: 

All  counties  containing  a  population  of  three  hundred 
thousand  and  over  shall  belong  to  and  be  known  as  coun- 
ties of  the   first   class. 

Counties  containing  a  population  of  one  hundred  and  fifty 
thousand  and  under  three  hundred  thousand  shall ,  belong 
to  and  be  known  as  counties  of  the  second  class. 

Counties  containing  a  population  of  one  hundred  thou- 
sand and  under  one  hundred  and  fifty  thousand  shall  be- 
long to  and  be  known  as  eounties  of  the  third  class. 

Counties  containing  a  population  of  fifty  thousand  and 
under  one  hundred  thousand  shall  belong  to  and  be  known 
as  counties  of  the  fourth  class. 

Counties  containing  a  population  of  forty  thousand  and 
tinder  fifty  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  fifth  class. 

Counties  containing  a  population  of  thirty-eight  thousand 
and  under  forty  thousand  shall  belong  to  and  be  known  as 
counties   of   the    sixth    class. 

Counties  having  a  population  of  thirty-six  thousand  and 
under  thirty-eight  thousand  shall  belong  to  and  be  known 
as  counties  of  the   seventh   class. 

Counties  having  a  population  of  thirty-five  thousand  four 
hundred  and  under  thirty-six  thousand  shall  belong  to  and 
be  known  as  counties  of  the   eighth   class. 

Counties  having  a  population  of  thirty-five  thousand  and 
tinder  thirty-five  thousand  four  hundred  shall  belong  to  and 
be   known   as   counties   of   the   ninth   class. 

Counties  having  a  population  of  twenty-seven  thousand 
four  hundred  and  under  thirty-five  thousand  shall  belong 
to  and  be  known  as  counties  of  the  tenth  class. 

Counties  having  a  population  of  twenty-seven  thousand 
and  under  twenty-seven  thousand  four  hundred  shall  be- 
long to  and  be  known  as  counties  of  the   eleventh   class. 

Counties  having  a  population  of  twenty-four  thousand 
and  under  twenty-seven  thousand  shall  belong  to  and  be 
known  as  counties  of   the   twelfth  class. 

Counties  having  a  population  of  twenty-one ,  thousand 
and  under  twenty-four  thousand  shall  belong  to  and  be 
known   as   counties   of   the    thirteenth   class. 

Counties  having  a  population  of  twenty  thousand  and 
under  twenty-one  thousand  shall  belong  to  and  be  known  as 
counties  of  the  fourteenth  class. 


Act  837,  J  157  COUNTY   GOVERNMENT.  170 

Couaties  having  a  population  of  nineteen  thousand  five 
hundred  and  under  twenty  thousand  shall  belong  to  and  be 
known  as  counties  of  the  fifteenth  class. 

Counties  having  a  population  of  nineteen  thousand  and 
under  nineteen  thousand  five  hundred  shall  belong  to  and 
be  known   as   counties  of  the   sixteenth   class. 

Counties  having  a  population  of  eighteen  thousand  five 
hundred  and  under  nineteen  thousand  shall  belong  to  and 
be  known  as  counties  of  the  seventeenth  class. 

Counties  having  a  population  of  eighteen  thousand  two 
hundred  and  under  eighteen  thousand  five  hundred  shall 
belong  to  and  be  known  as  counties  of  the  eighteenth  class. 

Counties  having  a  population  of  eighteen  thousand  and 
under  eighteen  thousand  two  hundred  shall  belong  to  and 
be  known  as  counties  of  the  nineteenth  class. 

Counties  having  a  population  of  seventeen  thousand  eight 
hundred  and  under  eighteen  thousand  shall  belong  to  and 
be  known  as  counties  of  the  twentieth  class. 

Counties  having  a  population  of  seventeen  thousand  five 
hundred  and  under  seventeen  thousand  eight  hundred  shall 
belong  to  and  be  known  as  counties  of  the  twenty-first 
class. 

Counties  having  a  population  of  seventeen  thousand  three 
hundred  and  under  seventeen  thousand  five  hundred  and 
fifty  shall  belong  to  and  be  known  as  counties  of  the  twen- 
ty-second   class. 

Counties  having  a  population  of  seventeen  thousand  and 
under  seventeen  thousand  three  hundred  shall  belong  to 
and  be  known  as  counties  of  the  twenty-third  class. 

Counties  having  a  population  of  sixteen  thousand  seven 
hundred  and  fifty  and  under  seventeen  thousand  shall  be- 
long to  and  be  known  as  counties  of  the  twenty-fourth  class. 

Counties  having  a  population  of  sixteen  thousand  five 
hundred  and  under  sixteen  thousand  seven  hundred  and  fifty 
shall  belong  to  and  be  known  as  counties  of  the  twenty- 
fifth   class. 

Counties  having  a  population  of  sixteen  thousand  four 
hundred  and  seventy-five  and  under  sixteen  thousand  five 
hundred  shall  belong  to  and  be  known  as  counties  of  the 
twi  nty-sixth   class. 

Counties  having  a  population  of  sixteen  thousand  and 
under  sixteen  thousand  four  hundred  and  seventy-five  shall 
belong  to  and  be  known  as  counties  of  the  twenty-seventh 
class. 


171  COUNTY  GOVERNMENT.  Act  837,  5  157 

Counties  having  a  population  of  fifteen  thousand  seven 
hundred  and  fifty  and  under  sixteen  thousand  shall  belong 
to  and  be  known  as  counties  of  the  twenty-eighth  class. 

Counties  having  a  population  of  fifteen  thousand  and  un- 
der fifteen  thousand  seven  hundred  and  fifty  shall  belong  to 
and  be  known  as  counties  of  the   twenty-ninth  class. 

Counties  having  a  population  of  fourteen  thousand  and 
under  fifteen  thousand  shall  belong  to  and  be  known  as 
counties  of   the   thirtieth   class. 

Counties  having  a  population  of  thirteen  thousand  and 
under  fourteen  thousand  shall  belong  to  and  be  known  as 
counties  of  the   thirty-first   class. 

Counties  having  a  population  of  twelve  thousand  and 
under  thirteen  thousand  shall  belong  to  and  be  known  as 
counties  of  the  thirty-second  class. 

Counties  having  a  population  of  eleven  thousand  one 
hundred  and  seventy-five  and  under  twelve  thousand  one 
hundred  shall  belong  to  and  be  known  as  counties  of  the 
ttiirty-third    class. 

Counties  having  a  population  of  eleven  thousand  one 
hundred  and  fifty  and  under  eleven  thousand  one  hundred 
and  seventy-five  shall  belong  to  and  be  known  as  counties 
of  the   thirty-fourth   class. 

Counties  having  a  population  of  eleven  thousand  and 
under  eleven  thousand  one  hundred  and  fifty  shall  belong 
to  and  be  known  as  counties  of  the  thirty-fifth  class. 

Counties  having  a  population  of  ten  thousand  and  under 
eleven  thousand  shall  belong  to  and  be  known  as  counties 
of  the  thirty-sixth  class. 

Counties  having  a  population  of  nine  thousand  seven 
hundred  and  fifty  and  under  teu  thousand  shall  belong  to 
and  be  known   as   counties   of   the   thirty-seventh   class. 

Counties  having  a  population  of  nine  thousand  five  hun- 
dred and  under  nine  thousand  seven  hundred  and  fifty 
shall  belong  to  and  be  known  as  counties  of  the  thirty-eighth 
class. 

Counties  having  a  population  of  nine  thousand  and  under 
nine  thousand  five  hundred  shall  belong  to  and  be  known 
as  counties  of   the   thirty-ninth   class. 

Counties  having  a  population  of  eight  thousand  seven 
hundred  and  fifty  and  under  nine  thousand  shall  belong  to 
and   be   known   as  counties  of  the   fortieth   elaas. 

Counties  having  a  population  of  eight  thousand  and  un- 
der eight  thousand  seven  hundred  and  fifty  shall  belong 
to  and  be  known  as  counties  of  the  forty-first  class. 


Act  S37,  §  157  COUNTY    GOVERMENT.  1TJ 

Counties  having  a  population  of  seven  thousand  and 
under  eight  thousand  shall  belong  to  and  be  known  as 
counties    of    the    forty-second    class. 

Counties  having  a  population  of  six  thousand  five  hun- 
dred and  under  seven  thousand  shall  belong  to  and  be 
known  as  counties  of  the  forty-third  class. 

Counties  having  a  population  of  six  thousand  two  hundred 
and  fifty  and  under  six  thousand  five  hundred  shall  belong  to 
and  be  known  as  counties  of  the  forty-fourth  class. 

Counties  having  a  population  of  six  thousand  and  under  six 
thousand  two  hundred  and  fifty  shall  belong  to  and  be  known 
as  counties  of  the  forty-fifth  class. 

Counties  having  a  population  of  five  thousand  five  hundred 
and  under  six  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  forty-sixth  class. 

Counties  having  a  population  of  five  thousand  one  hundred 
and  under  five  thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  forty-seventh  class. 

Counties  having  a  population  of  five  thousand  and  under 
five  thousand  oue  hundred  shall  belong  to  and  be  known  as 
counties  of  the  forty-eighth  class. 

Counties  having  a  population  of  four  thousaud  seven  hun- 
dred and  under  five  thousand  shall  belong  to  and  be  known 
as  counties  of  the  forty-ninth  class. 

Counties  having  a  population  of  four  thousand  six  hundred 
and  under  four  thousand  seven  hundred  shall  belong  to  and  be 
known  as  counties  of  the  fiftieth  class. 

Counties  having  a  population  of  four  thousand  five  hundred 
and  under  four  thousand  six  hundred  shall  belong  to  and  be 
known  as  counties  of  the  fifty-first  class. 

Counties  having  a  population  of  four  thousand  three  hun- 
dred and  eighty  and  under  four  thousand  five  hundred  shall 
belong  to  and  be  known  as  counties  of  the  fifty-second  class. 

Counties  having  a  population  of  four  thousand  two  hundred 
and  under  four  thousand  three  hundred  and  eighty  shall  be- 
long to  and  be  known  as  counties  of  the  fiftj'-third  class. 

Counties  having  a  population  of  four  thousand  and  under 
four  thousand  two  hundred  shall  belong  to  and  be  known  as 
counties  of  the  fifty-fourth  class. 

Counties  having  a  population  of  two  thousand  two  hundred 
and  under  four  thousaud  shall  belong  to  and  be  known  as 
counties  of  the  fifty-fifth  class. 

Counties  having  a  population  of  two  thousand  and  under 
two  thousand  two  hundred  shall  belong  to  and  be  known  as 
counties  of  the  fifty- sixth  class. 


173  COUNTY  GOVERNMENT.  Act  S37,   §§  113,  150 

Counties  having  a  population  of  under  two  thousand  shall 
belong  to  and  be  known  as  counties  of  the  fifty-seventh  class. 
[Amendment  approved  March  23,  1901;  Stats.  1901,  687;  in 
effect  12  M.  on  first  Monday  after  January  1,  1903.] 

Sec.  158.  In  counties  of  the  first  class  the  officers  shall  re- 
ceive, as  compensation  for  the  services  required  of  them  by 
law,  or  by  virtue  of  their  office,  the  salaries  and  fees  fixed  by 
law  as  compensation;  provided,  that  this  shall  not  be  con- 
strued as  adding  any  additional  compensation  to  any  officer; 
provided,  however,  that  the  sheriff  shall  also  be  allowed 
mileage  for  the  service  of  any  paper  required  by  law  to  be 
served,  at  the  rate  of  fifteen  cents  per  mile  for  one  way 
only,  to  be  paid  by  the  person  requiring  such  service. 

Sec.  159.  In  counties  of  the  second  class  the  county  and 
township  officers  shall  receive,  as  compensation  for  the  services 
required  of  them  by  law  the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall 
be  and  there  hereby  is  allowed  to  the  county  clerk  the  follow- 
ing clerks  and  deputies,  who  shall  be  appointed  by  the  county 
clerk,  and  shall  be  paid  salaries  as  follows:  One  chief  deputy 
at  a  salary  of  one  hundred  and  fifty  dollars  per  month;  one 
deputy  wno  shall  be  registry  clerk  at  a  salary  of  one  hundred 
and  thirty-five  dollars  per  month;  one  deputy  who  shall  be  an 
assistant  registry  clerk,  at  a  salary  of  one  hundred  dollars  per 
month;  one  deputy  who  shall  be  clerk  of  the  board  of  super- 
visors, at  a  salary  of  one  hundred  and  twenty-five  dollars  per 
month;  nine  deputies  who  shall  be  courtroom  clerks,  at  a  sal- 
ary of  one  hundred  and  fifteen  dollars  each  per  month;  one 
deputy  who  shall  be  judgment  clerk,  at  a  salary  of  one  hun- 
dred and  twenty-five  dollars  per  month;  one  deputy  who  shall 
be  an  assistant  judgment  clerk,  at  a  salary  of  one  hundred 
dollars  per  month ;  one  deputy  who  shall  be  a  file  clerk,  at  a 
salary  of  one  hundred  dollars  per  month;  one  deputy  who  shall 
be  an  index  clerk,  at  a  salary  of  one  hundred  dollars  per  month ; 
one  deputy  who  shall  be  in  charge  of  the  criminal  records,  at 
a  salary  of  one  hundred  dollars  per  month;  two  deputies  at  a 
salary  of  one  hundred  dollars  each  per  month;  one  deputy 
who  shall  be  assistant  clerk  of  the  board  of  supervisors,  at  a 
salary  of  one  hundred  dollars  per  month ;  one  deputy  who  shall 
be  a  stenographer,  at  a  salary  of  one  hundred  dollars  per 
month;  one  deputy  who  shall  be  a  stenographer  for  the  board 
of  supervisors,  at  a  salary  of  one  hundred  dollars  per  month; 
one  deputy  who  shall  be  miscellaneous  department  clerk,  at  a 
salary  of  one  hundred  and  fifteen  dollars  per  month;   one  dep- 


Act  S37.  §  159  COUNTY  GOVERNMENT.  174 

xity  at  a  salary  of  one  hundred  and  fifteen  dollars  per  month; 
six  deputies,  at  a  salary  of  seventy-five  dollars  each  per  month, 
fur  not  exceeding  one  month  for  any  one  year.  The  salaries 
of  the  deputies  and  clerks  herein  provided  for  shall  be  paid 
by  said  county  in  monthly  installments  at  the  same  time,  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of 
the  county  clerk  is  paid. 

2.  The  sheriff,   four   thousand   dollars   per  annum;   provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby  i3 
allowed  to  the  sheriff  an  under  sheriff  and  the  following  depu- 
ties and  stenographers,   who  shall    be  appointed    by   the  sheriff 
of   said   county,  and  shall  be  paid  salaries  as   follows,   to   wit: 
One  under  sheriff,  at  a  salary  of  one  hundred  and  fifty  dollars 
per  month;   one  deputy  who  shall  be  a  bookkeeper,  at  a  salary 
of  one  hundred  and  twenty-live  dollars  per  month;   one  deputy, 
who  shall  be  an  assistant  bookkeeper,  at  a  salary  of  one  hun- 
dred and  ten  dollars  per  month;    one   deputy  at  a  salary   of  one 
hundred   and   twenty-five  dollars  per  month;   ten  deputies  at  a 
salary  of  one  hundred   dollars  each  per  month;   nine  deputies, 
who  shall  be  court  bailiffs,  at  a  salary  of  ninety  dollars  each 
per  month ;   five  deputies  who  shall  be  turnkeys  at  the  county 
jail,   at   a   salary    of   ninety    dollars   each    per   month;   one   jail 
matron,  at  a  salary  of  fifty,  dollars   per   month;   one  stenogra- 
pher, at   a  salary   of  seventy-five  dollars  per  month.     The  sal- 
aries  of   the   under   sheriff,   the   matron   and   all   deputies   and 
stenographers  herein,  provided  for  shall  be  paid  by  said  county 
in   monthly   installments  at  the  same  time,  in  the  same  manner 
and  out  of  the  same  fund  that  the  salary  of  the  sheriff  is  paid. 
The  sheriff  shall  also  receive  the  amount  of  money   necessarily 
expended   by   him   in  serving  all  processes  and  notices,  and  the 
same  shall  be  charged  against  the  county  and  allowed  as  such 
by  the  board  of  supervisors,  and  paid  as  other  county  charges 
are  paid.    In  case  of  sale  of  property  on  foreclosure  of  mort- 
gage or  on  execution,  the  sheriff  shall  be  entitled  to  receive 
all   necessary  expenses  of  keeping  the  property  and  of  adver- 
tising the  sale. 

3.  The  recorder,  three  thousand,  six  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be  and 
there  hereby  is  allowed  the  recorder  the  following  deputies 
and  copvists,  who  shall  be  appointed  by  the  recorder  of  said 
county  and  shall  be  paid  salaries  as  follows:  One  chief  deputy, 
at  a  'salary  of  one  hundred  and  fifty  dollars  per  month;  two 
deputies  at  a  salary  of  one  hundred  and  twenty-live  dollars 
each  per  month;  four  deputies,  at  a  salary  of  one  hundred  dol- 
lars each  per  month;  ten  deputies,  at  a  salary  of  ninety  dol- 
lars   each    per    month;  and   as   many    copyists   as   may    be   re- 


175  COUNTY  GOVERNMENT.  Act  837,  5  158 

quired,  who  shall  receive  as  compensation  for  their  services 
the  sum  of  seven  cents  per  folio  for  recording  any  instrument 
and  notice,  except  maps  or  plats,;  for  copies  of  any  record 
or  paper,  seven  cents  per  folio.  The  salaries  and  compensa- 
tion of  all  deputies  and  copyists  herein  provided  for  shall  be 
paid  by  the  county  in  monthly  installments,  at  the  same  time, 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
of  the  county  recorder  is  paid, 

4.  The  auditor,  three  thousand  six  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  auditor  the  following  depu- 
ties, clerks  and  assistants,  who  shall  be  appointed  by  the  au- 
ditor, and  who  shall  be  paid  salaries  as  follows:  One  chief 
deputy  at  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
one  deputy  at  a  salary  of  one  hundred  and  twenty-five-dollars 
per  month;  two  deputies,  at  a  salary  of  one  hundred  and  ten 
dollars  each  per  month;  four  deputies,  at  a  salary  of  one  hun- 
dred dollars  each  per  month ;  and  forty  clerks  at  a  salary  of 
ninety  dollars  each  per  month,  for  not  to  exceed  one  month 
each  in  any  one  year;  and  such  additional  assistants  as  the 
auditor  may  require,  and  whose  compensation  in  the  aggregate 
shall  not  exceed  the  sum  of  one  thousand  two  hundred  and  fifty 
dollars  in  any  one  year.  The  salaries  of  the  deputies,  clerks, 
and  assistants  herein  provided  for  shal  be  paid  by  the  county 
in  monthly  installments,  at  the  same  time,  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  auditor  is 
paid. 

n.  The  treasurer,  three  thousand  six  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
and  thereby  is  allowed  to  the  treasurer  the  following  deputies, 
who  shall  be  appointed  by  the  treasurer,  and  who  shall  be  paid 
salaries  as  follows:  One  chief  deputy,  at  a  salary  of  one  hun 
dred  and  fifty  dollars  per  month;  one  deputy  at  a  salary  of 
one  hundred  and  fifteen  dollars  per  month;  and  one  deputy  at 
a  salary  of  one  hundred  dollars  per  month.  The  salaries  of 
the  deputies  herein  provided  for  shall  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time,  in  the  Stinc  manner 
and  out  of  the  same  func  as  the  salary  of  the  treasurer. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars  per 
annum,  which  shall  b^  in  full  compensation  for  all  services 
rendered  by  him;  provided, that  in  counties  of  this  class  there 
shall  be  and  there  hereby  is  allowed  to  the  tax  collector  the 
following  deputies,  stenographers  and  clerks,  who  shall  be  ap- 
pointed by  the  tax  collector,  and  who  shall  be  paid  salaries  as 
follows:  One  chief  deputy,  at  a  salary  of  one  hundred  and 
fifty  dollars  per  month;   one  deputy   who  shall  be  chief  report 


Act  837,  §  159  COUNTY  GOVERNMENT.  176 

clerk,  at  a  salary  of  one  hundred  and  fifteen  dollars  per  month; 
one  deputy  who  shall  be  report  clerk,  at  a  salary  of  one  hun- 
dred and  ten  dollars  per  month;  one  deputy  who  shall  be  cash- 
ier, at  a  salary  of  one  hundred  anil  fifteen  dollars  per  month; 
one  deputy  who  shall  be  the  general  clerk,  at  a  salary  of  one 
hundred  and  fifteen  dollars  per  month ;  one  deputy  who  shall 
be  the  correspondence  clerk,  at  a  salary  of  one  hundred  and 
ten  dollars  per  month;  one  deputy  who  shall  be  a  license  clerk, 
at  a  salary  of  one  hundred  dollars  per  month;  and  two  depu 
tics  who  shall  be  license  inspectors,  at  a  salary  of  ninety  dol- 
cach  per  month;  five  clerks,  at  a  salary  of  ninety  dollars  each 
per  month;  one  deputy  who  shall  be  bookkeeper,  at  a  salary 
of  one  hundred  and  ten  dollars  per  month;  one  deputy  who 
shall  be  sale  and  redemption  clerk,  at  a  alary  of  one  hundred 
dollars  per  month ;  one  stenographer,  at  a  salary  of  seventy- 
five  dollars  per  month;  four  clerks  for  a  period  not  to  exceed 
six  months  in  any  one  year,  at  a  salary  of  ninety  dollars  each 
per  month;  forty-five  clerks  for  a  period  not  to  exceed  four 
months  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per 
month.  There  is  also  allowed  not  to  exceed  four  hundred  dol- 
lars for  traveling  expenses  of  said  license  tax  collector  each 
year.  The  salaries  of  the  deputies,  clerks  and  stenographers 
herein  provided  for  shall  be  paid  by  said  county  in  monthly 
installments,  at  the  same  time,  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  tax  collector. 

7.  The  district  attorney,  four  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  there 
hereby  is  allowed  to  the  district  attorney  the  following  depu- 
ties and  employees,  who  shall  he  appointed  by  the  district  at- 
torney of  said  county,  and  who  shall  be  paid  salaries  as  fol- 
lows:" One  assistant  distriet  attorney,  at  a  salary  of  two  hun- 
!  dollars  per  month;  one  chief  deputy,  at  a  salary  of  one 
hundred  and  seventy-five  dollars  per  month;  six  deputies,  at  a 
salary  of  one  hundred  and  fifty  dollars  each  per  month;  two 
stenographers,  at  a  Balary  of  one  hundred  dollars  each  per 
month;  one  detective,  at  a  salary  of  one  hundred  dollars  per 
month,  who  shall  assist  the  district  attorney  in  the  detection 
of  crime  and  the  presecution  of  criminal  cases;  provided  fur- 
that  nothing  herein  contained  shall  be  construed  to  pre- 
vent the  board  of  supervisors  of  said  counties  of  this  class 
from  employii  ■  counsel  when,  in  the  judgment  of  said 

loard,  the  interests  of  said  counties  require  it.  The  salaries 
of  the  assistants,  deputies,  stenographers,  special  counsel  and 
detective  herein  provided  for  shall  be  >aid  by  the  county  in 
monthly    installments,   at   the   same   time,   in   the  same   manner 


177  COUNTY  GOVERNMENT.  Act  837,  §  15U 

and  out  of  the  same  fund  as  the  salary  of  the  district  attor- 
ney. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per  an- 
num, which  shall  be  in  full  compensation  for  all  services  ren- 
dered by  him ;  provided,  that  in  counties  of  this  class  there 
shall  be  and  hereby  is  allowed  to  the  assessor  the  following  dep- 
uties, clerks,  stenographers  and  copyists,  who  shall  be  ap- 
pointed by  the  assessor,  and  who  shall  be  paid  salaries  as  fol- 
lows: One  chief  deputy,  at  a  salary  of  one  hundred  and  fifty 
dollars  per  month;  two  deputies,  at  a  salary  of  one  hundred 
and  fifteen  dollars  each  per  month;  seven  deputies,  at  a  salary 
of  ninety  dollars  each  per  month;  thirty  field  deputies  for  not 
exceeding  tour  months  in  any  one  year,  at  a  salary  of  ninety 
dollars  each  per  month;  thirty  field  deputies  for  not  exceeding 
two  months  in  any  one  year,  at  a  salary  of  one  hundred  dol- 
lars each  per  month;  eight  field  deputies  for  not  exceeding 
four  months  in  any  one  year,  at  a  salary  of  one  hundred  dol- 
lars each  per  month;  ten  field  deputies  for  not  exceeding  four 
months  in  any  one  year,  at  a  salary  of  ninety  dollars  each  per 
month;  nine  deputies  for  not  exceeding  four  months  in  any 
one  year,  at  a  salary  of  uinety  dollars  each  per  month;  five 
copyists  for  not  exceeding  four  months  in  any  one  year,  at  a 
salary  of  seventy-five  dollars  each  per  month;  twenty-five 
copyists  for  not  exceeding  three  months  in  any  one  year,  at  a 
salary  of  seventy-five  dollars  each  per  month;  eight  copyists 
tor  not  exceeding  seven  months  in  any  one  year,  at  a  salary  of 
seventy -five  dollars  each  per  month;  six  deputies,  who  shall 
be  comparers,  for  not  to  exceed  two  months  in  any  one  year, 
at  a  salary  of  ninety  dollars  each  per  month;  two  deputies 
who  shall  be  photographers  for  not  to,  exceed  eight  months  in 
any  one  year,  at  a  salary  of  one  hundred  dollars  each  per 
month;  one  stenographer,  at  a  salary  of  seventy-five  dollars 
per  month;  there  is  also  allowed  not  to  exceed  five  hundred 
dollars  for  traveling  expenses  of  the  said  assessor  or  his  dep- 
uties each  year.  The  salaries  of  the  deputies,  stenographers, 
clerks  and  copyists  herein  provided  for  shall  be  paid  by  said 
county  in  monthly  installments,  at  the  same  time,  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  county 
assessor  is  paid.  It  is  further  provided,  that  in  counties  of 
this  class,  the  assessor  shall  receive  no  commission  for  his  col- 
lection of  taxes  on  personal  property,  nor  shall  such  assessor 
receive  any  compensation  or  commission  for  the  collection  of 
poll  taxes  or  road  poll  taxes,  nor  shall  the  said  assessor  receive 
any  compensation  for  making  out  the  military  roll  of  persons 
returned  to  him  as  subject  to  military  duty,  as  provided  by 
section  nineteen  hundred  and  one  of  the  Political  Code;  pro- 
Gen.  Laws— 12 


Act  S37.   §  159  COUNTY  GOVERNMENT.  17S 

vided,  however,  that  fifteen  per  cent  of  all  moneys  collected  by 
liim  for  poll  taxes  anil  road  poll  taxes  shall  be  allowed  to  such 
counties  on  their  settlement  with  the  state,  and  be  and  remain 
the  property  of  such  counties. 

9.  The  coroner,  three  ti  dollars  per  year,  and  his 
actual  necessary  expenses  in  traveling  outside  of  the  county 
seat.  He  must  hold  inquests  as  prescribed  by  chapter  two, 
title  twelve,  part  two  of  the  Penal  Code,  except  that  he  may,  in 
his  discretion,  dispense  with  a  jury.  The  coroner  or  other 
officer  holding  an  inquest  upon  the  body  of  a  deceased  person 
may  subpoena  a  physician  or  surgeon  to  inspect  the  body,  or 
chemist  to  make  an  analysis  of  the  contents  of  the  stomach 
or  tissues  of  the  body,  or  hold  a  post  mortem  examination  of 
the  deceased,  and  give  his  professional  opinion  as  to  the  cause 
of  death.  The  coroner,  in  counties  of  this  class,  shall  be  ami 
is  hereby  allowed  the  following  assistants:  One  stenographer, 
at  a  salary  of  two  hundred  dollars  per  month,  who  shall,  when 
directed  by  the  coroner,  take  down  in  shorthand  the  testimony 
of  witnesses  at  inquests,  and  under  the  direction  of  the  coro- 
ner transcribe  the  same  into  longhand,  and  file  a  certified  copy 
thereof  with  the  county  clerk,  and  the  coroner  may  also  ap- 
poiut  su  '.  stenographer  as  his  deputy;  one  clerk,  at  a  salary 
of  one  hundred  dollars  per  month,  who  shall  also  act  as  mes- 
senger, and  perform  such  other  duties  as  the  coroner  may  di- 
rect. The  salaries  of  the  stenographer  and  clerk  herein  pro- 
vided shall  be  paid  by  the  county  in  the  same  manner,  at  the 
same  time  and  out  of  the  same  fund  as  the  salary  of  the  coro- 
ner. 

10.  The  public  administrator,  three  thousand  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
and  there  is  hereby  allowed  to  the  public  administrator  one 
clerk,  at  a  salary  of  one  hundred  dollars  per  month,  and  the 
salary  of  said  clerk  shall  be  paid  by  the  county  in  the  same 
manner,  at  the  same  time  and  out  of  the  same  fund  as  the  sal- 
ary of  the  public  administrator. 

11.  The  superintendent  of  schools,  three  thousand  dollars  per 
annum,  which  shall  be  in  full  for  all  services,  including  attend- 
ance upon  the  board  of  education,  and  actual  necessary  travel- 
ing expenses  not  to  exceed  five  dollars  for  every  school  district 
in  the  county;  provided,  that  in  counties  of  this  class,  there 
shall  be  and  there  hereby  is  allowed  to  the  superintendent  of 
schools  the  following  assistants  and  deputies,  who  shall  be  ap- 
pointed by  the  superintendent  of  .schools  of  said  county,  and 
who  shall  be  paid  salaries  as  follows:  Due  assistant  who  shall 
be  chief  deputy,  at  a  salary  of  one  hundred  and  fifty  dollars 
per  month;   one  deputy,  at  a  salary  of  one  hundred  and  fifteen 


ITS  COUNTY  GOVERNMENT.  Act  837,  §  159 

dollars  per  month;  one  deputy,  at  a  salary  of  one  hundred 
dollars  per  month;*  and  one  deputy,  at  a  salary  of  ninety 
dollars  per  month.  The  salaries  of  the  assistants  and  deputies 
herein  provided  for  shall  be  paid  by  the  county  at  the  same 
time,  in  the  same  manner  and  out  of  the  same  fund  as  the  sal- 
ary of  the  superintendent  of  school. 

12.  The  health  officer,  one  thousand  two  hundred  dollars  per 
annum,  and  special  health  officers,  when  appointed  as  in  this 
act  provided,  ten  dollars  each  per  day ;  provided,  that  not  more 
than  five  hundred  dollars  per  annum  shall  be  paid  or  expended 
in  any  one  year  in  payment  of  special  health  officers.  The  sal- 
ary of  the  health  officer  and  special  health  officers  shall  be 
paid  by  the  county  in  the  same  manner  and  at  the  same  time 
as  the  salaries  of  other  county  officers  are  paid. 

12y2.  Each  member  of  the  county  board  of  education,  ex 
cept  the  secretary  thereof,  five  dollars  for  each  session  of  the 
board  attended,  not  exceeding  a  total  of  four  hundred  dollars 
to  any  one  member  in  one  year.  In  addition,  each  member 
shall  be  entitled  to  mileage  at  the  rate  of  ten  cents  per  mile, 
for  one  way  only,  while  attending  the  r  gular  sessions.  Said 
compensation  of  the  members  of  the  board  of  education  shall 
be  payable  monthly  and  out  of  the  same  funds,  and  in  the 
same  manner  as  the  salary  of  the  county  superintendent  of 
schools  is  paid.  Said  compensation  shall  be  in  full  payment 
for  all  services  rendered. 

13.  The  surveyor,  three  thousand  six  hundred  dollars  per 
annum,  and  in  addition  thereto  all  necessary  expenses  and 
transportation  for  work  performed  in  the  field;  provided,  that 
in  counties  of  this  class  there  shall  be  and  there  hereby  is  al- 
lowed to  the  surveyor  one  chief  deputy,  and  ten  deputies  who 
shall  be  draughtsmen,  and  who  shall  be  appointed  by  the  sur- 
veyor  of  said  county  and  shall  be  paid  salaries  as  follows:  One 
chief  deputy,  at  a  salary  of  one  hundred  and  seventy-five  dol- 
lars per  month;  five  draughtsmen,  at  a  salary  of  one  hun- 
dred and  twenty-five  dollars  each  per  month;  four  draughts- 
men, at  a  salary  of  one  hundred  dollars  each  per  month;  one 
draughtsman,  at  a  salary  of  eighty  dollars  per  mouth.  The 
salaries  of  said  surveyor  and  said  deputies  and  draughtsmen 
herein  provided  for  shall  be  paid  by  said  county  in  monthly 
installments  at  the  same  time  and  in  the  same  manner  as  the 
deputies  of  other  county  officers  are  paid. 

14.  Supervisors,  one  thousand  eight  hundred  dollars  per  an- 
num, together  with  mileage  at  the  rate  of  ten  cents  per  mile 
for  each  mile  actually  traveled  by  them  in  the  discharge  of 
their  duties,  either  as  road  commissioners  or  supervisors,  not 
exceeding    in    the    aggregate   seven   hundred   and    fifty    dollars 


Act  837,  §  189  COUNTY  GOVERNMENT.  18C 

each  per  annum,  They  shall  also  receive  their  necessary  ex- 
penses when  attending  meetings  of  he  state  board  of  equali- 
zation; and  pi  urther,  that  there  shall  be  and  hereby 
is  allowed  to  the  boafd  of  supervisors  the  following-  clerks: 
One  clerk,  at  a  salary  of  ninety  dollars  per  month;  one  clerk, 
at  a  salary  of  one  hundred  and  ten  dollars  per  month;  one 
clerk  at  a  salary  of  one  hundred  dollars  per  month;  one  clerk, 
who  superintendent  of  charities,  at  a  salary  of  one 
hundred  :  month;  two  clerks,  who  shall  be  assistants 
to  the  superintendent  of  charities,  at  a  salary  of  seventy-five 
doll;;  r  mouth;  fourteen  clerks  for  not  exceeding  thirty 
days  in  ai;y  one  year,  at  a  -alary  of  four  dollars  each  per  flay, 
to  assist  said  board  while  sitting  as  board  of  equalization;  and 
in  addition  to  the  clerks  hereinbefore  provided  for,  in  years 
when  thi  ilection  is  held  within  the  state,  there  shall 
be  and  hereby  is  allowed  to  said  hoard  of  supervisors  fifteen 
clerks  tor  not  to  exceed  fifteen  days  in  such  years,  at  a  corn- 
dollars  each  per  day.  Such  clerks  shall  be 
appointed  by  the  hoard  of  supervisors  and  shall  be  paid  by 
.-aid  county  in  the  same  manner,,  at  the  same  time  and  out  of 
the  same  fund  as  other  clerks  of  the  county  officers  are  paid; 
and  .still  further  provided,  that  from  and  after  the  first  Mon- 
day after  the  first  day  of  January  in  the  year  one  thousand 
nine  hundred  and  nine,  supervisors  in  counties  now  of  this 
class  shall  receive  as  compensation  for  the  services  required  of 
them  by  law,  a  salary  of  two  thousand  four  bundrd  each  per 
annum,  together  with  mileage  at  the  rate  of  ten  cents  per 
mile  for  each  mile  actually  traveled  by  them  in  the  dis- 
charge of  their  duties,  either  as  road  commissioners  or  super  - 
\isors,  not  exceeding  in  the  aggregate  seven  hundred  and  fifty 
dollars  each  per  annum,  and  they  shall  also  receive  their  neces- 
e\pen.ses  when  attending  meetings  of  the  state  board  of 
equalization. 

15.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law;  provided,  that  no  justice  of  the 
peace  shall  receive  more  than  one  thousand  five  hundred  dollars 
per  annum,  which  may  be  paid  in  monthly  installments  of  not 
exceeding  one  hundred  and  twenty-five  dollars  per  month,  for 
all  servic  1   by  him  in  criminal  cases,  or  in  actions  or 

proceedings  to  which  the  people  of  the  State  of  California  are 
or  may  be  parties;  and  no  claim  of  any  such  justice  of  the 
pear  -  'if  aaid  sun   id'  one  thousand   five  hundred  dol- 

lars per  annum,  or  the  installments  thereof  as  aforesaid,  shall 
In'  allowed  or  paid;  but  all  fines  and  fees  collected  by  every 
such   justice   on    the  a    on  -aid    shall    belong   to   and    be 

the  property   of  the  county   in   which  such  justice  exercises  his 


1S1  COUNTY  GOVERNMENT.  Act  83?,  $  159 

jurisdiction.  And  each  of  such  justices  shall  report,  under 
oath,  on  the  first  Monday  of  each  month,  to  the  board  of  su- 
pervisors of  such  county,  tlie  amount  of  all  fines  and  fees  col- 
lected by  him,  on  the  account  aforesaid,  during  the  preceding 
month,  and  shall,  on.  said  date,  deposit  with  the  county  treas- 
urer, to  the  credit  of  the  county,  all  such  fines  and  fees  as  may 
be  shown 'by  said  report  to  have  been  collected  by  him.  He 
shall  also  transmit  the  treasurer's  receipt  for  said  payment  to 
said  board,  with  the  said  report;  provided  further,  that  the 
boards  of  supervisors  of  such  counties  may,  in  townships  hav- 
ing a  population  of  more  than  thirty-five  thousand,  provide 
such  justices,  or  any  of  them,  with  an  office  and  the  necessary 
furniture  and  supplies  for  the  justice's  court;  and  provided 
further,  that  the  boards  of  supervisors  in  said  counties  and 
in  townships  having  more  than  thirty-five  thousand  inhabitants, 
shall,  upon  the  recommendation  of  the  township  justice  or  jus- 
tices, appoint  a  clerk  for  each  of  the  justice's  court,  which 
clerks  shall  each  hold  office  for  the  term  of  two  years  from 
and  after  appointment,  and  shall  receive  a  salary  of  om 
hundred  dollars  per  month  each,  payable  in  like  manner,  at 
like  times  and  out  of  the  same  fund  as  county  officers  are 
paid  by  the  county;  said  clerks  shall  each  take  and  file  an 
oath  of  office  in  like  manner  as  county  officers,  and  after  be- 
ing appointed  and  qualifying  as  hereinbefore  prescribed, 
shall  have  power  to  administer  and  certify  oaths  to  affida- 
vits, and  all  papers,  documents,  or  instruments  used  in  or  in 
connection  with  the  actions  and  proceedings  of  such  justice's 
court.  Such  ckrks  shall  perform  such  other  clerical  ser- 
vices as  may  be  required  of  them  by  the  justice  or  justices. 
16.  Constables,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  provided,  that  no  constable  shall  receive  more 
than  one  thousand  two  hundred  dollars  per  annum,  which  may 
be  paid  in  monthly  installments  of  not  exceeding  one  hundred 
dollars  per  month,  for  all  services  rendered  by  him  in  all  crim- 
inal cases  or  in  actions  or  proceedings  ',o  which  the  people  of 
the  State  of  California  are,  or  may  be,  made  parties;  and  all 
fees  collected  by  such  constable  on  account  of  services  ren- 
dered in  criminal  cases  or  proceedings,  .o  which  the  people  of 
the  State  of  California  are  parties',  shall  belong  to  and  be  the 
property  of  the  county  in  which  said  constable  has  been  elected 
or  appointed;  provided  further,  that  the  constable  shall  be  al- 
lowed the  actual  fare  and  expenses  incurred  in  transporting 
prisoners  to  the  county  jail;  and  provided  further,  that  in 
counties  of  this  class  and  in  townships  having  more  than  thirty- 
five  thousand  inhabitants,  there  shall  be,  and  there  is  hereby 
allowed  to  such  constable,  one  deputy  who  shall  be 
appointed      by    the     constable,     and     shall     receive    a    sal- 


Act  837,  §  160  COUNTT  GOVERNMENT.  Wi 

ary  of  seventy-five  dollars  per  month,  payable  in  like  manner 
and  nt  like  times,  and  out  of  the  same  fund  as  the  county  of- 
ficers, are  paid  by  the  county;  said  deputy  shall  take  and  file 
an  oath  of  office  in  like  manner  as  county  officers.  Each  con- 
stable shall  report  under  oath  on  the  first  Monday  of  each 
month  to  the  hoard  of  supervisors  of  such  county,  the  amount 
of  all  fees  collected  by  him  for  all  services  rendered  in  all 
criminal  cases,  or  in  actions  or  proceedings  to  which  the  peo- 
ple of  the  State  of  I  aJifornia  are,  or  may  be,  made  parties, 
during  the  preceding  month,  and  shall,  on  said  date,  deposit 
with  the  county  treasurer  to  the  credit  of  the  county  all  such 
tecs  as  may  be  shown  by  said  report  to  have  been  collected  by 
him  on  account  of  the  aforesaid.  He  shall  also  transmit  the 
treasurer's  receipt  for  said  payment  to  said  board  with  said 
report.  [Amendment  approved  March  20,  1905;  Stats.  1905, 
p.   511.      In   effect   immediately.] 

Sec.  160.  In  counties  of  the  third  class  the  county  officers 
shall  receive  as  compensation  for  the  services  required  of  them 
by  law,  or  by  virtue  of  their  office,  the  following  salaries: 

1.  The  couLty  clerk,  four  thousand  ($4,000.00)  dollars  per 
annum;  provided,  that  in  counties  of  this  diss  there  shall  be 
and  there  hereby  is  allowed  to  the  county  clerk  one  chief  dep- 
uty, whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hun- 
dred ($1>;00.00)  dollars  per  annum;  five  courtroom  deputies, 
whose  salaries  are  hereby  fixed  at  the  sum  of  fifteen  hundred 
($1500.00)  dollars  per  annum  each;  one  deputy,  whose  salary 
is  hereby  fixed  at  the  sum  of  fifteen  hundred  ($1500.00)  dol- 
lars per  annum;  four  deputies,  whose  salaries  are  hereby  fixed 
at  the  sum  of  twelve  hundred  ($1200.00)  dollars  per  annum 
each;  and  one  copyist,  whose  salary  is  hereby  fixed  at  the  sum 
of  twelve  hundred  ($1200)  dollars  per  annum;  the  chief  dep- 
uty, ten  deputies,  and  one  copyist  herein  provided  for  shall 
be  appointed  by  the  clerk  of  said  county,  and  their  salaries 
shall  be  paid  by  said  county  in  equal  monthly  installments  at 
the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  is  the  salary  of  county  clerk;  provided  further,  that 
in  such  years  as  the  compilation  of  a  great  register  of  voters 
is  required  by  law  to  be  made,  the  county  clerk,  in  counties  of 
this  cla-s.  shall  be  and  he  is  hereby  allowed  the  following  ad- 
ditional help:  One  clerk  for  a  period  of  and  not  exceeding  six 
months,  whose  salary  is  hereby  fixed  at  one  hundred  and 
twenty-five  ($125.00)  dollars  per  month;  four  clerks,  for  a 
period  of  and  not  exceeding  four  months,  whose  salaries  are 
hereby  fixed  at  one  hundred  ($100.00)  dollars  each  per  month. 
Such  "clerks  shall  be  appointed  by  the  county  clerk  of  such 
counties    aud    during    their    respective   periods   of    employment 


W  COUNTY  GOVERNMENT.  Act  S37.  §  M 

their  salaries  shall  be  paid  by  such  county  in  equal  monthly 
installments  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  is  the  salary  of  the  county  clerk  of 
such  counties. 

2.  The  sheriff,  four  thousand  ($4,000)  dollars  per  annum; 
provided,  that  there  shall  be  and  hereby  is  allowed  to  the  sher- 
iff one  under  sheriff,  whose  salary  is  hereby  fixed  at  the  sum 
of  two  thousand  four  hundred  ($2,400)  dollars  per  annum; 
one  bookkeeper,  whose  salary  is  hereby  fixed  at  the  sum  ol 
eighteen  hundred  ($1800)  dollars  per  annum;  one  chief  jailer, 
whose  salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred 
($1500)  dollars  per  annum;  two  assistant  jailers,  whose  sal- 
aries are  hereby  fixed  at  the  sum  of  twelve  hundred  ($1200; 
per  annum  each;  five  bailiffs,  whose  salaries  are  hereby  fixed 
at  the  sum  of  twelve  hundred  ($1200)  dollars  per  annum 
each;  one  office  deputy,  whose  salary  is  hereby  fixed  at  the  sum 
of  twelve  hundred  ($1200)  dollars  per  annum;  one  matron 
for  the  jail,  whose  salary  is  hereby  fixed  at  the  sum  of  six 
hundred  ($600)  dollars  per  annum;  and  one  stenographer, 
whose  salary  is  hereby  fixed  a'c  the  sum  of  six  hundred  ($600) 
dollars  per  annum;  the  under  sheriff,  bookkeeper,  chief  jailer, 
office  deputies,  assistant  jaile»s>  bailiffs,  matron  for  jail,  and 
stenographer,  herein  provided  for  shall  be  appointed  by  the 
sheriff;  and  their  salaries  shall  be  paid  by  said  county  In 
equal  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fuud  as  the  salary  of  the  sheriff; 
provided,  that  in  counties  of  this  class  the  sheriff  shall  be 
allowed  no  compensation  or  profit  for  feeding  prisoners 
in  the  county  jail,  but  that  ho  phall  file,  monthly,  with  the 
county  auditor,  a  verified  statement,  showing  the  names  of 
persons  and  amounts  paid  to  e&ch  for  expense  of  feeding  such 
prisoners,  and  the  sheriff  shali  thereupon  pay  over  to  the 
county  treasurer,  for  the  use  <>f  the  county,  any  difference 
between  the  amount  allowed  for  such  purpose  by  the  super- 
visors and  the  amount  actually  expended  by  him  therefor. 
The  sheriff  shall  also  receive  the  amount  of  money  necessarily 
expended  by  him  in  serving  all  process  and  notices  and  all 
expenses  necessarily  incurred  by  him  in  the  pursuit  of  crim- 
inals within  his  county,  and  the  same  shall  be  a  charge  against 
the  county  and  allowed  as  such  by  the  board  of  supervisors, 
and  paid  as  other  county  charges  are  paid. 

3.  The  recorder,  four  thousand  ($4000)  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and 
there  thereby  is  allowed  to  the  recorder  the  following  depu- 
ties and  copyists,  who  shall  be  appointed  by  the  recorder 
in   such  county,  and   shall  be  paid   salaries  and   compensations 


Act  837,  §160  COfNTY  GoVE];XMEXT.  18-1 

as  follows:  One  chief  deputy,  at  a  salary  of  eighteen  hun- 
dred ($1800)  dollars  per  annum;  one  index  deputy,  whose 
salary  is  hereby  fixed  at  fifteen  hundred  ($1500)  dollars  per 
annum;  three  deputies,  whose  salaries  are  hereby  ~ed  at 
twelve  hundred  ($1200)  dollars  per  annum  each;  and  one 
mortgage  deputy,  whose  salary  is  hereby  fixed  at  twelve  hun- 
dred ($1200)  dollars  per  annum;  provided  furtlter,  that  the 
chief  deputy,  index  deputy,  three  deputies,  and  one  mortgage 
deputy  herein  provided  for  shall  be  appointed  by  the  recorder 
ot  said  county,  and  their  salaries  shall  be  paid  >/  said  county 
in  equal  monthly  installments,  at  the  ame  time  and  in  the 
sane    manner  and   out   of   the  same   fund  as  the  salary  of  the 

■r;  provided  further,  that  in  counties  of  this  class  the 
recorder  shall  be  entitled  to  the  actual  cost  incurred  by  him 
for  the  recording  of  all  papers  and  documents  in  his  office,  not 
exceeding   eight    cents    per    folio    for   each    paper   or   document 

irded;  and  provided  further,  that  said  recorder  shall  file 
monthly,  with  the  county  auditor,  a  verified  statement,  show- 
ing in  detail  the  persons  and  the  amounts  paid  to  each  for 
such   recording. 

4.  The  auditor,  thirty-six  hundred  dollars  per  annum;  pro- 
vided,  that  in  counties  of  this  class  there  shall  be  and  hereby 
is  allowed  to  the  auditor  one  chief  deputy,  who  shall  be  ap- 
pointed by  the  auditor  of  said  county,  and  whose' salary  is 
hereby  fixed  at  the  sum  of  eighteen  hundred  dollars  per  an- 
num ;  one  deputy,  who  shall  be  appointed  by  the  auditor  of 
such  county,  and  whose  salary  is  hereby  fixed  at  the  sum  of 
twelve  hundred  dollars  per  annum;  one  clerk,  whose  salary 
is  hereby  fixed  at  the  sum  of  twelve  hundred  dollars  per 
annum,  and  such  additional  assistance  as  the  auditor  may 
appoint,  and  whose  compensation  shall  not  in  the  aggregate 
exceed  the  sum  of  one  thousand  dollars  per  annum;  and 
provided,  that  the  auditor  shall  file  with  the  county  clerk 
a  verified  statement,  showing  in  detail  the  amounts  paid,  and 
the  persons  to  whom  said  compensation  is  paid,  for  such 
extra  assistance  as  aforesaid.  The  salaries  herein  provided 
for  shall  be  paid  by  the  said  county  in  equal  monthly  install- 
ments, at  the  same  time  and  in  the  same  manner,  and  out  of 
the  same  fund  as  the  salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  six  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  be 
and  hereby  is  allowed  to  the  treasurer  one  chief  deputy, 
whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hundred 
dollars  per  annum,  and  one  deputy,  whose  salary  is  hereby 
fixed  at  the  sum  of  twelve  hundred  dollars  per  annum,  which 
sum    shall   be   paid   by   said   county   in   equal    monthly    install- 


185  COUNTY  GOVERNMENT.  Act  837,  5  160 

vnents,  at  the  same  time,  and  in  the  same  manner,  and  out 
of  the  same  fund  as  the  salary  of  the  treasurer;  provided, 
that  the  chief  deputy  and  the  deputy  herein  provided  for, 
shall  be  appointed  by  the  treasurer  of  such  county. 

6.  The  tax  collector,  three  thousand  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and 
there  hereby  is  allowed  to  the  tax  collector  one  chief  dep- 
uty, whose  salary  is  hereby  fixed  at  the  sum  of  eighteen  hun- 
dred dollars  per  annum,  three  deputies,  whose  salaries  are 
hereby  fixed  at  the  sum  of  twelve  hundred  dollars  each  per 
annum,  and  one  stenographer  whose  salary  is  hereby  fixed 
at  the  sum  of  six  hundred  ($600)  dollars  per  annum;  pro- 
vided further,  that  there  shall  be  and  there  hereby  is  allowed 
to  the  tax  collector  not  to  exceed  two  extra  deputies  for  the 
month  of  April  of  each  year,  whose  salaries  shall  be  one 
hundred  dollars  for  such  month,  and  three  extra  deputies  tor 
fcJLs  month  of  July  of  each  year,  whose  salaries  shall  be  one 
hundred  dollars  each  for  such  month,  and  five  extra  depu- 
ties for  the  month  of  August  of  each  year,  whose  salaries 
shall  be  one  hundred  dollars  each  for  such  month,  and  six 
extra  deputies  for  the  month  of  September  of  each  year, 
whose  salaries  shall  be  one  hundred  dollars  each  for  such 
month,  and  seven  extra  deputies  for  the  month  of  October 
of  each  year,  whose  salaries  shall  be  one  hundred  dollars  each 
for  such  month,  and  not  to  exceed  twelve  extra  deputies 
for  the  month  of  November  of  each  year,  whose  salaries  shall 
be  one  hundred  dollars  each  for  such  mouth;  provided  further, 
that  the  chief  deputy,  the  stenographer,  and  all  other  deputies 
herein  provided  for,  shall  be  appointed  by  the  tax  collector 
of  said  county,  and  the  salaries  of  said  chief  deputy  and  all 
other  deputies  herein  provided  for  shall  be  paid  by  said  county, 
during  the  time  which  thej  shall  hold  office,  as  herein  pro- 
vided, at  the  same  time  and  in  the  same  manner  and  out  of 
the  same  fund  as  the  salary  of  the  ^ax  collector. 

7.  The  license  collector  shall  receive  fifteen  per  cent  of  all 
licenses  collected   by   him. 

8.  The  assessor,  four  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be  and  there  hereby 
is  allowed  to  the  assessor  the  following  deputies,  who  shall 
be  appointed  by  the  assessor  and  shall  be  paid  salaries  as 
follows:  One  chief  deputy  assessor,  at  twenty-four  hundred 
dollars  per  annum;  one  depi  90T,  at  fifteen  hundred 
dollars  per  annum;  one  mortgage  deputy  assessor,  at  twelve 
hundred  dollars  per  annum;  one  transfer  deputy  assessor,  at 
twelve  hundred  dollars  per  annum;  seven  outside  field  deputy 
assessors,    at    one    hundred    and    twenty-five    dollars    each    per 


Act  837,   §  160  COUNTY  GOVERNMENT.  188 

month    not   exceeding   six   months  in   any  one  year;    one   sten- 
ographer, at  six  hundred   dollars   per  annum ;   six   field   deputy 

-ftis.  for  not  exceeding  four  months  in  any  one  year, 
at  one  hundred  dollars  each  per  month;  one  cashier,  for  not 
:,  seven  months  in  any  one  year,  at  a  salary  of  one 
hundred  and  twenty-five  dollars  per  month;  eight  copyists,  for 
not  exceeding  four  months  in  any  one  year,  at  a  salary  of 
one    hun'dred    dollars    each    per    month:    nve   extra    deputy   as- 

rs,  for  not  exceeding  four  months  in  any  one  year,  at  a 
galary  of  ore  hundred  dollars  each  per  month,  and  such  addi- 

al  assistance  as  the  assessor  may  appoint  and  whose  com- 
pensation shall  not  in  the  aggregate  exceed  the  sum  of  forty- 
five  hundred  dollars  per  annum;  and  provided,  that  the  as- 
sessor shall  file  with  the  county  auditor  a  verified  statement 
showing  in  detail  the  amounts  paid  and  the  persons  to  whom 
such  compensation  is  paid  for  such  extra  assistance,  as  afore- 
said. The  salaries  herein  provided  for  shall  be  paid  by  the 
said  county  in  monthly  installments,  at  the  same  time  and 
in  the  same  manner  and  out  of  the  same  fund  as  the  salary 
^f  the  assessor  is  paid;  it  is  hereby  farther  provided,  that  in 
aunties  of  this  class  the  assessor  shall  receive  commissions 
for   his   collections   of   taxes  on   personal   property,  and  such 

ssor  shall  receive  compensation  or  commission  for  the 
collection  of  poll  taxes  or  road  poll  taxes,  but  the  said  as- 
sessor shall  not  receive  compensation  for  making  out  the  mil- 
itary roll  of  persons  returned  by  him  as  subject  to  military 
duty  as  provided  by  section  nineti  en  hundred  and  one  of  the 
1'olitical  Code;  provided,  however,  that  should  the  assessor 
be  directed  by  any  law,  or  by  any  order  of  the  board  of 
supervisors,  or  by  any  municipality  within  said  counties  of 
the  third  class,  to  prepare  maps,  plats  or  block  books  for  the 
use  of  the  county,  or  assessment  rolls  for  the  use  of  any 
municipality,  then  said  assessor  shall  make  such  maps,  plats, 
or  block  books,  or  assessment  rolls,  but  shall  only  receive 
the  actual  cost  by  him  incurred  in  making  or  preparing 
such  maps,  plats  or  block  books  or  ass*  ssment  rolls;  and  pro- 
vide .  that,  be  shall  file>with  the  county  auditor  a 
sworn  statement  showing  the  persons  to  whom,  and  the 
amounts  paid  to  each,  for  such  maps,  plats  or  block  books, 
or  assessnu  nt  rolls,  and  be  shall  account  forthwith  and  pay 
over  to  the  county  any  difference  between  such  cost  and  the 
amount  allowed  him  for  such  work. 

9.  The  district  attorney,  four  thousand  dollars  per  annum; 
providi  1.  that  in  counties  of  this  class  there  shall  be  and 
then  is    allowed    to    the    district    attorney    one    chief 

deputy    district    attorney,    whose   salary    is    hereby    fixed    at    two 
thousand    dollars   per   annum;    three  deputy   district   attorneys, 


187  COUNTY  GOVTiRNMENT.  Act  837,  §  160 

whose  salaries  are  hereby  fixed  at  fifteen  hundred  dollars  per 
annum  each;  and  one  clerk,  whose  salary  is  hereby  fixed  at 
the  sum  of  twelve  hundred  dollars  per  annum;  provided  fur- 
ther, that  the  chief  deputy  district  attorney,  and  three  deputy 
district  attorneys,  and  clerk  shall  be  appointed  by  the  dis- 
trict attorney  and  their  salaries  shall  be  paid  by  said  county 
in  equal  monthly  installments,  at  the  same  time  and  in  the 
same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
district  attorney;  provided  further,  that  in  counties  of  this 
class  there  shall  be  and  there  hereby  is  allowd  to  the  district 
attorney  a  stenographer  whose  salary  is  hereby  fixed  at  the 
sum  of  nine  hundred  dollars  per  annum;  and  for  the  purpose 
of  assisting  the  district  attorney  in  •  the  detection  of  crime 
and  the  prosecution  of  criminal  cases  and  iu  civil  actions  and 
proceedings  and  all  matters  in  which  the  county  is  interested, 
there  is  allowed  to  the  district  attorney  a  detective,  whose 
salary  is  hereby  fixed  at  the  sum  of  fifteen  hundred  dollars  per 
annum;  provided  further,  that  the  stenographer  and  detec- 
tive shall  be  appointed  by  the  district  attorney,  and  their 
salaries  shall  be  paid  by  said  county  in  equal  monthly  in- 
stallments, at  the  same  time  and  in  the  same  manner,  and 
out  of  the  same  fund  as  the  salary  of  the  district  attorney; 
provided  further,  that  the  provisions  of  this  subdivision  of 
this  section  of  this  act  with  reference  to  the  stenographer 
shall  be  in  force  and  effect  on  and  after  twelve  o  'clock 
meridian  of  the  first  Monday  in  January,  nineteen  hundred 
and  seven;  provided  further,  that  the  provisions  of  this  sub- 
division of  this  section  of  this  ac"t  witn  reference  to  the  de- 
tective shall  be  in  force  and  effect  from  and  after  its  pas- 
sage. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law;  provided,  that  the  coroner  shall  be  paid  by 
such  counties  in  the  same  manner  and  out  of  the  same  fund 
as  such  fees  are  now  paid,  the  sum  of  two  dollars  for  each 
certificate  of  the  cause  of  death  made  by  him. 

11.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

12.  The  county  superintendent  of  schools,  three  thousand 
dollars  per  annum;  provided,  that  in  counties  of  this  class, 
there  shall  be  and  hereby  is  allowed  to  the  county  superin- 
tendent of  schools,  one  assistant  superintendent  of  schools, 
anil  one  deputy,  who  shall  be  appointed  by  the  county  su- 
perintendent of  schools  of  said  county  and  whose  salaries 
shall  be  as  follows:  The  salary  of  the  assistant  shall  be  one 
hundred  dollars  per  mouth,  that  of  the  deputy  shall  lie  one 
hundred   dollars   per   month.     The   salaries   shall   be   paid    out 


Act  S37,  §  160  COUNTY  GOVERNMENT.  188 

of  the  same  fund  and  in  the  same  manner  as  the  salary  of  the 
county  .superintendent  of  schools  is  paid. 

13.  The  surveyor  shall  receive  ten  dollars  per  day  for  all 
work  performed  for  the  county,  and  iu  addition  thereto  all 
necessary  expenses  and  transportation  for  work  performed 
in  the  field;  provided,  that  whenever  the  surveyor  is  directed 
or  charged  to  make,  plat,  trace,  or  otherwise  prepare  maps, 
plats,  or  block  books  for  the  use  of  the  county,  city  and 
county,  or  any  municipality  within  such  county,  then  such 
county  surveyor  shall  only  be  allowed,  in  addition  to  the 
actual  cost  and  expense  of  making,  platting,  tracing,  or 
otherwise  preparing  such  maps,  plats,  or  block  books,  a  com- 
pensation to  be  determined  by  the  board  of  supervisors,  not 
exceeding  the  sum  of  ten  dollars  per  day  while  he  is  actually 
so  employed;  and  provided  further,  that  such  county  surveyor 
shall  file  with  the  county  auditor  a  sworn  statement,  showing 
in  detail  the  amounts  so  paiiL,  and  the  persons  to  whom  such 
amounts  have  been  so  paid  for  such  expense  as  aforesaid. 

14.  Juitices  of  the  peace  shall  receive  the  following  monthly 
salaries,  to  be  paid  each  month,  and  in  the  same  manner 
and  out  of  the  same  fund  as  other  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases:  In  townships  having  a  population  of  more 
than  nineteen  thousand  two  hundred  S  y-five  dollars; 
in  townships  having  a  population  of  fifteen  thousand  and  less 
than  nineteen  thousand,  one  hundred  and  fifteen  dollars;  in 
townships  having  a  population  of  one  thousand  and  less  than 
fifteen  thousand,  seventy-five  dollars.  In  addition  to  the  com- 
pensation received  in  criminal  cases  each  justice  of  the  peace 
may  receive  and  retain  for  his  own  use  such  fees  as  are  dow 
or  may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions;  provided,  that  in  townships  containing 
a  population  of  more  than  fcw<  nty-iive  thousand  th<  re  shall  be 
but  one  justice  in  and  for  such  townships.  Each  justice  of 
the  peace  must  keep  a  book,  open  for  the  inspection  of  the 
public,  during  office  hours,  in  which  must  be  entered  at  once 
and  in  detail  the  amount  of  all  fines  collected  by  him  in 
criminal  cases,  and  on  the  first  Monday  of  each  and  every 
month  he  must  pay  such  fines  so  collected  into  the  county 
treasury,  or  city  treasury,  as  provided  by  law. 

15.  Constables   shall    receive   the   following   monthly    salaries, 
to  be   j.aid  each  month,  and  in  the  same   manner  and   oi 
the   same   fund  as  other  county  officers  are  paid,   which    shall 
be  in  full  for  all  services  rendered  by  them  in  criminal 
In  townships  having   a   population  of  more   than  twt  nty  five 
thousand,  one  hundred  and  fifty  dollars;   in  townships  having 


m  COUNTY  GOVERNMENT.  Act  837,  §  1*1 

a  population  of  more  than  nineteen  thousand  and  less  than 
twenty-five  thousand,  ninety  dollars;  in  townships  having  a 
population  of  fifteen  thousand  and  less  than  nineteen  thou- 
sand, eighty  dollars;  in  townships  having  a  population  of  one 
thousand  and  less  than  fifteen  thousand,  eighty-five  dollars; 
provided,  that  in  townships  having  a  population  of  fifteen 
thousand  and  less  than  nineteen  thousand  there  shall  be  but 
one  constable.  In  addition  to  the  compensation  received  in 
criminal  cases  each  constable  may  receive  and  retain  for  his 
own  use  such  fees  as  are  now  or  may  lur.  iftiv  be  allowed 
by  law  for  all  services  performed  by  him  in  civil  cases ;  pro- 
vided, that  in  counties  of  this  class  constables  shall  be 
and  they  are  hereby  allowed  such  expenses  as  are  actually  and 
necessarily  incurred  by  them  in  conveying  prisoners  to  and 
from  the  county  jail;  such  expenses  to  be  itemized  and  pre- 
sented as  a  claim  against  the  county  and  to  be  audited  and 
allowed  by  the  board  of  supervisors  and  paid  out  of  the  county 
treasury  in  the  manner  as  are  other  claims. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars 
per  month,  and  mileage  at  ten  cents  per  mile  for  each  mile 
actually  traveled  in  going  to  and  from  their  res'dence  to  the 
county  seat,  or  in  the  performance  of  the  duties  required  q£ 
them  by  law  or  by  virtue  of  their  office;  provided,  that  in  at- 
tending sessions  of  the  board  only  four  mileages  shall  be  al- 
lowed for  each  month,  and  that  the  total  mileage  allowed  shall 
not  exc-^d  one  hundred  dollars  in  any  one  month.  [Amend- 
ment approved  March  22,  1905;  Stats/ 1905,  p.  746.  Tn  effect 
partly  on  the  first  Monday  of  January,  1907,  and  partly  in 
sixty  days.] 

Sec.  161.  In  counties  of  the  fourth  class  the  county  offi- 
cers shall  receive  as  compensation  for  the  services  rtqunvd 
of  them  by  law  or  by  virtue  of  their  office,  the  following 
salaries  to  wit: 

1.  The  county-  clerk,  nine  thousand  dollars  per  annum. 

2.  The  sheriff,  nine  thousand  five  hundred  and  twenty 
dollars  per  annum;  provided,  that  he  shall  receive  as  addi- 
tional compensation  the  mileage  collected  by  him  in  crim- 
inal cases  and  all  expenses  incurred  in  criminal  cases,  and 
also  his  mileage  for  service  of  papers  or  process  issued  by 
any  court  of  this  state,  and  all  fees  for  service  of  papt  rt 
or  process  in  actions  arising  outside  of  his  county,  and  the 
said  sheriff  may  appoint  a  matron  for  the  county  jail  of 
his  county,  which  office  of  matron  for  the  county  jail  is 
hereby  created,  and  who  shall  reee4v«  as  compensation  the 
sum  of  seventy-five  dollars  per  month,  payable  at  the  same 


Act  837,  §  161  COUNTY  GOVERNMENT.  1W 

time,  and  in  the  same  manner  as  the  salaries  of  other  county 
officers. 

3.  The  recorder,  eight  thousand  dollars  per  annum;  and 
the  said  recorder  may  appoint  one  chief  deputy,  which  said 
office  of  chief  deputy  recorder  is  hereby  created,  who  shall 
hold  said  office  of  chief  deputy  recorder  for  a  period  of  four 
years  from  and  after  his  appointment,  and  who  shall  re- 
ceive as  compensation  the  sum  of  twelve  hundred  dollars 
per  annum,  payable  at  the  same  time  and  in  the  same  man- 
ner as  the  salaries  of  other  county  officers. 

4.  The  auditor,  four  thousand  dollars  per  annum. 

5.  The  treasurer,  four  thousand  dollars  per  annum. 

6.  The  tax  collector,  seven  thousand  dollars  per  annum. 

7.  The  license  collector,  who  shall  be  appointed  by  the 
board  of  supervisors,  whose  term  of  office  shall  be  for  the 
period  of  four  years,  five  per  cent  upon  the  whole  amount 
of  licenses  collected  by  him. 

8.  The  assessor,  eight  thousand  seven  hundred  dollars  per 
annum,  and  the  said  assessor  may  appoint  one  chief  deputy 
assessor,  and  one  draughtsman  for  the  assessor,  which  said 
officers  of  chief  deputy  assessor  and  draughtsman  for  the 
assessor  are  hereby  created,  who  shall  hold  said  offices  of 
chief  deputy  assessor  and  draughtsman  for  the  assessor, 
respectively,  for  the  period  of  four  years  from  and  after 
their  several  appointments,  and  who  shall  receive  as  com- 
pensation the  sum  of  twelve  hundred  dollars  each,  per  an- 
num, payable  at  the  same  time  and  in  the  same  manner  as 
the  salaries  of  other  county  officers.  And  the  assessor  may 
also  appoint  each  year  two  temporary  deputies,  who  shall 
serve  as  such  during  the  months  of  March,  April,  May,  and 
June,  of  the  year  for  which  they  are  appointed,  which  said 
offices  of  temporary  deputy  assessors  are  hereby  created, 
who  shall  receive  as  compensation  the  sum  of  eighty  dol- 
lars each,  per  month,  during  the  four  months  which  they 
shall  serve  as  such  deputies,  payable  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  other  county  offi- 
cers. 

9.  The  district  attorney,  three  thousand  two  hundred  dol- 
lars per  annum;  and  the  said  district  attorney  may  appoint 
one  assistant  district  attorney  and  one  eleputy  district  at- 
torney, which  said  offices  of  assistant  district  attorney  and 
deputy  district  attorney  are  hereby  created.  The  salary  or 
such  assistant  elistrict  attorney  is  hereby  fixed  at  eighteen 
hundred  dollars  per  annum,  and   the  salary  of  such  deputy 


191  COUNTY  GOVERNMENT.  Act  837,  §  161 

district  attorney  is  hereby  fixed  at  twelve  hundred  dollars 
per  annum,  such  salaries  to  be  paid  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  other  count}'-  officers. 

10.  The  coroner,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county;  and  the  said  superintendent  of  schools 
may  appoint  one  assistant  superintendent  of  schools,  which 
office  of  assistant  superintendent  of  schools  is  hereby  cre- 
ated, who  shall  receive  as  compensation  the  sum  of  nine 
hundred  dollars  per  annum;  and  said  surveyor  may  appoint 
in  the  same  manner  as  the  salaries  of  other  county  offi- 
cers. 

13.  The  county  surveyor,  the  sum  of  two  thousand  four 
hundred  doJlars  per  annum;  and  said  surveyor  may  appoint 
one  assistant  surveyor,  which  said  office  of  assistant  sur- 
veyor is  hereby  created,  who  shall  receive  as  compensa- 
tion the  sum  of  twelve  hundred  dollars  per  annum,  pay- 
able at  the  same  time  and  in  the  same  manner  as  the  sal- 
aries of  other  county  officers.  All  fees  now,  or  which  may 
hereafter  be,  allowed  by  law,  and  which  shall  be  earned  by 
the  county  surveyor  in  the  official  discharge  of  his  duties, 
shall  be  paid  into  the  county  treasury  for  the  benefit  of 
the  county,  accompanied  with  a  sworn  and  itemized  state- 
ment of  such  fees  earned,  on  or  before  the  first  Monday  of 
each  month. 

14.  In  counties  of  this  class,  justices  of  the  peace  shall 
receive  the  following  salaries  for  all  services  rendered  by 
them  in  criminal  cases,  payable  monthly,  in  the  same  man- 
ner as  the  salaries  of  county  officers  are  paid,  viz:  lu  town- 
ships having  a  population  of  twenty  thousand  or  more, 
one  hundred  and  fifty  dollars  per  month;  in  townships  hav- 
ing a  population  of  four  thousand  and  less  than  twenty 
thousand,  one  hundred  and  thirty-five  dollars  per  month; 
in  townships  having  a  population  of  fifteen  hundred  and 
less  than  four  thousand,  sixty-five  dollars  per  month;  in 
townships  having  a  population  of  one  thousand  and  less 
than  fifteen  hundred,  fifty  dollars  per  month;  in  all  town- 
ships having  a  population  less  than  one  thousand,  thirty 
dollars  per  month;  provided,  that  in  townships  having  a 
population    of    twenty    thousand    or    more,    there     shall    be 


Vet  837,  §  161  COT  NTY  GOVERNMENT.  102 

two  justices  of  the  peace  in  amd  for  any  such,  township?, 
and  such  justices  shall  be  allowed  a  clerk,  to  be  appointed 
by  the  board  of  supervisors  at  a  salary  of  seventy-five  dol- 
lars per  month,  payable  monthly  in  the  same  manner  as 
salaries  of  county  offic<  re  are  paid,  and  shall  be  furnished 
with  offices  and  necessary  supplies  by  the  board  of  super- 
visors. All  fees  collected  by  justices  of  the  peace  in  crim- 
inal eases,  shall  be  by  them  monthly  paid  into  the  county 
treasury,  accompanied  by  a  sworn  and  itemized  stateim  at 
showing  the  amount  of  such  fees,  and  all  fees  for  civil 
cases  collected  by  justices  of  townships  with  a  1<  ss  popula- 
tion than  five  thousand  inhabitants,  shall  likewise  be  paid 
into  the  county  treasury. 

15.  Constables  shall  receive  the  following  salaries  for 
all  services  rendered  by  them  in  criminal  caw  s,  payable 
monthly,  in  the  same  mann<  r  as  salaries  of  county  of]; 
are  paid,  viz:  In  townships  having  a  population  of  twenty 
thousand  or  more,  one  hundred  dollars  pes  month;  in  town- 
ships having  a  population  of  four  thousand  and  less  than 
twenty  thousand,  seventy-five  dollars  per  month;  in  town- 
ships having  a  population  of  fifteen  hundred  and  less  than 
four  thousand,  sixty  dollars  per  mouth;  in  townships  hav- 
ing a  population  of  less  than  fifteen  hundred  forty  dol- 
lars per  month.  They  shall  be  allowed  all  necessary  ex- 
penses incurred  in  conveying  prisoners,  and  such  fees  as 
are  now  or  may  be  hereafter  allowed  in  eivil  eases  ex- 
cepting constables  in  townships  having  a  population  of 
less  than  five  thousand  inhabitants  who  shall  not  receive 
any  fees. 

16.  Each  supervisor,  one  thousand  two  hundred  dollars 
per  annum,  and  mileage  at  ten  cents  per  mile  for  each 
mile  actually  traveled  in  going  to  and  from  tin  ir  resi- 
dence to  the  county  seat,  or  in  performance  of  the  duties 
required  of  them  by  law  or  by  virtue  of  their  office;  pro- 
vided, that  in  attending  sessions  of  the  board  only  four 
mileages  shall  be  allowed  for  each  month,  and  that  the 
total  mileage  allowed  shall  not  exceed  erne  hundred  dol- 
lars in  any  one  month;  and  in  counties  of  this  class  the 
members  of  the  board  of  supervisors  shall  be  ex-ollicio 
road  commissioners,  and  as  such  road  ceiinmissioner  shall 
be  paid  the  sum  of  five  hundred  dollars  per  annum  each. 
[Amendment  approved  March  Id,  l!»u:<;  fc>tats.  1JHJ3,  p.  His, 
in  effect  immediate  1}\] 

Sec.  162.  Tn  counties  of  the  fifth  class  the  county 
officers   shall   reeeive    as    compensation    for    the   services    re- 


193  COUNTY   GOVERNMENT.  Act  837,  §  163 

quired  of  them  by  law,  or  by  virtue  of  their  office;  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 
He  shall  appoint  one  chief  deputy,  at  a  salary  of  eighteen 
hundred  dollars  per  annum;  two  additional  deputies  at  a 
salary  of  twelve  hundred  dollars  each  per  annum,  and  three 
courtroom  clerks  at  a  salary  of  one  thousand  five  hundred 
dollars  each  per  annum,  and  a  deputy  or  deputies  not  to 
exceed  five  for  the  purpose  of  registering  electors,  to  be 
paid  not  to  exceed  four  dollars  per  diem  each,  provided  that 
said  deputies  so  employed  for  registering  electors  shall  not 
be  employed  except  during  a  year  when  a  general  election 
is  to  be  held  throughout  the  state  and  then  only  between 
the  first  day  of  June  and  the  fifteenth  day  of  November  of 
said  year;  and  such  deputies  as 'may  be  needed  for  the  pur- 
pose of  registering  electors  in  precincts  outside  of  the  cor- 
porate limits  of  the  city  of  Sacramento  in  said  county,  who 
shall  be  paid  fifteen  cents  per  name  for  each  person  legally 
registered  by  them.  The  salaries  and  compensation  of  each 
of  said  deputies  and  clerks  to  be  paid  out  of  the  county 
treasury  in  equal  mon  ly  ins  aliments  in  the  same  man- 
ner and  at  the  same  time  as  other  county  officials  are  paid. 

2.  The  sheriff  shall  receive  three  thousand  six  hundred 
dollars  per  annum  salary.  The  sheriff  sLall  also  receive  for 
his  own  use  the  fees  for  mileage  which  are  now,  or  which 
may  hereafter,  be  allowed  by  law,  and  the  fees  and  com- 
missions for  the  service  of  all  papers  whatsoever  issued  by 
any  court  of  the  state  outside  of  this  county,  and  shall  also 
receive  his  necessary  expenses  in  all  criminal  cases.  The 
sheriff  shall  also  be  paid  twelve  and  one-half  cents  per  meal 
each  for  all  meals  furnished  prisoners  confined  in  the  county 
jail.  The  sheriff  shall  have  one  under-sheriff  at  a  salary 
of  one  thousand  five  hundred  dollars  per  annum,  two  jailers 
at  a  salary  of  twelve  hundred  dollars  per  annum  each,  and 
three  court  bailiffs,  or  deputies,  at  a  salary  of  twelve  hun- 
dred dollars  per  annum  each.  All  deputies  herein  mentioned 
shall  be  appointed  by  the  sheriff,  and  paid  at  we  same  time 
and  manner  that  their  principal  is  paid. 

3.  The  recorder,  three  thousand  dollars  per  annum.  The 
recorder  may  appoint  one  chief  deputy  at  a  salary  of  fifteen 
hundred  dollars  per  annum;  one  mortgage  clerk,  at  a  salary 
of  twelve  hundred  dollars  per  annum;  one  index  clerk,  at 
a  salary  of  twelve  hundred  dollars  per  annum.  Said  re- 
corder may  also  appoint  such  copyists,  not   to  exceed  three, 

Gen.  Laws — 13 


Act  837,  §  162  COUNTY  GOVERNMENT.  194 

as  may  be  required  for  the  recording  of  all  papers,  notices 
or  documents  in  his  office,  who  shall  receive  as  compensa- 
tion for  their  services,  the  sum  of  twelve  hundred  dollars 
each  per  annum.  The  salaries  and  compensation  of  all  depu- 
ties and  copyists  herein  provided  for,  each  of  wnom  shall 
be  a  deputy  county  recorder,  shall  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the 
county  recorder  is  paid. 

4.  The  auditor,  three  thousand  dollars  per  annum;  provided, 
that  in  counties  of  this  class  there  shall  be,  and  is,  hereby 
allowed  to  the  auditor  one  deputy,  who  shall  be  appointed 
by  the  auditor  of  said  county  and  whose  salary  is  hereby 
fixed  at  fifteen  hundred  dollars  per  annum,  and  such  addi- 
tional assistants  as  the  auditor  may  require,  and  whose 
compensation  shall  not  exceed  the  sum  of  five  hundred  dol- 
lars per  annum,  in  the  aggregate,  for  all  assistants  so  em- 
ployed, and  provided,  that  the  auditor  shall  file  with  the 
county  clerk  a  verified  statement,  showing  in  detail  the 
amounts  paid  and  the  persons  to  whom  such  compensation 
has  been  paid  for  such  additional  assistance  as  aforesaid. 
The  salaries  herein  provided  for  shall  be  paid  by  the  said 
county  in  equal  monthly  installments,  at  the  same  time, 
and  iu  the  same  manner,  and  out  of  the  same  fund  as  the 
salary  of  the  auditor. 

5.  The  treasurer,  three  thousand  four  hundred  dollars  per 
annum. 

6.  The  tax  collector,  two  thousand  five  hundred  dollars  per 
annum;  provided  that  he  shall  have  such  assistants  as  he 
may  require,  whose  compensation,  which  shall  be  paid  by 
the  county,  shall  not  exceed  the  sum  of  five  hundred  dollars 
per  annum  in  the  aggregate. 

7.  The  license  collector,  one  thousand  eight  hundred  dol- 
lars per  annum. 

8.  The  assessor,  three  thousand  six  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall 
be,  and  there  is,  hereby  allowed  to  the  assessor,  the  follow- 
ing deputies,  who  shall  be  appointed  by  the  assessor,  and 
shall  be  paid  salaries  as  follows: — One  chief  deputy  asses- 
sor, at  eighteen  hundred  dollars  per  annum;  one  office 
deputy  assessor,  at  fifteen  hundred  dollars  per  annum;  oue 
mortgage  and  transfer  deputy  assessor,  at  nine  hundred 
dollars  per  annum;  four  field  deputy  assessors,  for  not  ex- 
ceeding four   months   in   any  one   year,   at   a  salary  of  one 


195  COUNTY  GOVERNMENT.  Act  837,  §  16J 

hundred  and  twenty-five  dollars  each  per  month;  eight  field 
deputy  assessors  for  not  exceeding  four  months  in  any  one 
year,  at  a  salary  of  one  hundred  dollars  per  month  each; 
and  such  additional  assistance  as  the  assessor  may  require, 
and  whose  compensation  shall  not  in  the  aggregate  exceed 
the  sum  of  six  hundred  dollars  per  annum;  and  provided, 
that  the  assessor  shall  file  with  the  county  auditor  a  veri- 
fied statement  showing  in  detail  the  amounts  paid  and  the 
persons  to  whom  such  compensation  is  paid  for  such  extra 
assistance,  as  aforesaid.  The  salaries  of  the  chief  deputy 
assessor,  office  deputy  assessor,  mortgage  and  transfer  deputy 
assessor  and  field  deputy  assessors  herein  provided  for  shall 
be  paid  by  the  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  assessor  is  paid.  It  is  hereby 
further  provided,  that  in  counties  of  this  class  the  assessor 
shall  receive  no  commission  for  his  collection  of  taxes  on 
personal  property,  nor  shall  such  assessor  receive  any  com- 
pensation or  commission  for  the  collection  of  poll-taxes  or 
road  poll-taxes. 

9.  The  district  attorney,  three  thousand  six  hundred  dol- 
lars per  annum.  In  counties  of  this  class,  the  district  at- 
torney may  appoint  an  assistant  district  attorney,  which 
office  is  hereby  created,  who  shall  receive  as  compensation 
for  his  services  the  sum  of  two  thousand  four  hundred  dol- 
lars per  annum,  to  be  paid  out  of  the  county  treasury  in 
equal  monthly  installments  in  the  same  manner,  and  at 
the  same  time  other  county  officials  are  paid.  In  counties 
of  this  class  the  district  attorney  may  appoint  a  deputy 
district  attorney,  which  office  is  hereby  created,  who  shall 
receive  as  compensation  for  his  services  the  sum  of  one 
thousand  eight  hundred  dollars  per  annum,  to  be  paid  out 
of  the  county  treasury  in  equal  monthly  installments  in  the 
same  manner,  and  at  the  same  time  otin  r  county  offi 
are  paid.  In  counties  of  this  class,  the  district  attorney 
may  appoint  a  clerk  for  service  in  his  office,  which  office 
of  clerk  to  the  district  attorney  is  hereby  ereated,  and  said 
clerk  shall  receive  as  compensation  for  his  services  the  sum 
of  one  thousand  two  hundred  dollars  per  annum,  to  be  paid 
out  of  the  county  treasury  in  equal  monthly  installments 
in  the  same  manner  and  at  the  same  time  other  county  offi- 
cials   are    paid. 

10.  The  coroner,  such  fees  as  are  now  on  may  be  here- 
after allowed  by  law;  provided,  the  coroner  or  other  officer 
holding  an  inquest  upon  the  body  of  a  decease  d  person,  may 


Act  837,  §  162  COUNTY  GOVERNMENT  19C 

subpoena  a  chemist  to  make  an  analysis  of  the  contents  of 
the  stomach  or  the  tissues  of  the  body,  or  a  physician  or 
surgeon  to  inspect  the  body,  or  hold  a  post-mortem  exam- 
ination of  the  deceased,  and  give  a  professional  opinion  as 
to  the  cause  of  death;  and  shall  cause  the  testimony  of  all 
the  witnesses  at  such  inquest  tc  be  reduced  to  writing  under 
his  directions  and  may  require  one  of  the  official  reporters 
to  act  as  clerk,  or  stenographer  for  such  purpose,  and  in 
case  any  of  such  reporters  should  refuse  or  be  unable  to 
attend,  may  employ  a  stenographer  for  that  purpose  at  the 
same  compensation  allowed  to  stenographers  of  the  superior 
court  of  the  county,  such  amount  to  be  deducted  from  the 
salary  of  the  official  reporter  in  default. 

11.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

12.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting 
schools  of  his  county,  not  exceeding  three  hundred  dollars 
per  annum;  and  the  said  superintendent  of  schools  may  ap- 
point one  assistant  superintendent  of  schools,  which  office 
of  assistant  superintendent  of  schools  is  hereby  created,  who 
shall  receive  as  compensation  the  sum  of  one  thousand  two 
hundred  dollars  per  annum,  payable  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  other  county  officers 
are  paid.  Each  member  of  the  board  of  education  shall  re- 
ceive five  dollars  per  day  as  compensation  for  his  -ervices 
when  in  actual  attendance  upon  said  board,  and  mileage  at 
the  rate  of  twenty  cents  per  mile,  one  way  only,  from  his 
residence  to  the  place  of  meeting  of  said  board.  The  secre- 
tary of  said  board  of  education  shall  receive  five  dollars 
per  day  for  his  services  for  the  actual  time  that  the  board 
may  be  in  session.  Said  compensation  of  the  members  of 
the  said  board  and  of  said  secretary  shall  be  paid  out  of 
the  same  fund  as  the  salary  of  the  superintendent. of  schools. 
Claims  of  such  service  and  mileage  shall  be  presented  to 
the  board  of  supervisors  and  shall  be  allowed,  at  the  rate 
above  named,  and  in  the  manner  as  other  claims  against 
the  county  are  allowed.  The  compensation  of  members  of 
the  county  board  of  education  herein  provided  is  not  iu 
addition  to  that  provided  in  section  seventeen  hundred  and 
seventy  of  the  Political  Code. 

13.  The  surveyor,  two  thousand  four  hundred  dollars  per 
annum,  and  in  addition  thereto  all  necessary  expenses  and 
transportation    for    work    performed    on    the    field;    provided, 


18t  COUNTY  GOVERNMENT.  Act  S37,  §  162 

that  in  counties  of  this  class,  whenever  the  board  of  super- 
visors shall  order,  or  the  assessor  may  require,  assessor's 
map  or  block  books,  then  the  surveyor  shall  receive,  in  addi- 
tion to  the  salary  hereinabove  noted,  the  sum  of  nine  hun- 
dred dollars  for  the  preparation  and  completion  of  the  said 
map   or  block  books. 

14.  Justices  of  the  peace,  such  fees  as  are  or  may  be 
hereafter  allowed  by  law,  except  that  the  justices  of  the 
peace  in  townships  containing  twenty  thousand  or  mor°  in- 
habitants shall  be  allowed  a  salary  of  one  hundred  dollar? 
per  month  each  in  lieu  of  all  fe^s  in  criminal  cases;  pro- 
vided, however]  that  justices  of  the  peace  in  townships 
contiguous  to  municipalities  containing  twenty-five  thou- 
sand or  moTP  inhabitants,  or  in  which  a  state  nenal  institu- 
tion is  located,  shall  be  allowed  a  salarv  of  seventy-five 
dollars  per  month  each  in  lieu  of  all  fees  in  criminal  cases; 
the  salarv  of  the  jns*-iees  of  the  r>eaee  as  above  provided, 
to  be  paid  at  the  same  time,  and  in  the  same  manner  as 
county   officers    are    paid. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law,  except  that  the  constables  in  townships  • 
containing  twenty  thousand  or  more  inhabitants  shall  he 
allowed  a  salary  of  one  hundred  dollars  per  month  each; 
in  lieu  of  all  foes  in  criminal  cases ;  ^  provided,  however,  that 
constables  in  townships  contiguous '  to  municipalities  con- 
taining twenty-five  thousand  or  more  inhabitants,  or  in 
which  a  state  penal  institution  is  located,  shall  be  allowed 
a  salary  of  seventy-fin  dollars  per  month  each,  and  fifteen 
cents  per  mile  for  every  mile  actually  traveled  in  taking 
prisoners  to  the  county  jail,  in  lieu  of  all  fees  in  criminal 
cases,  provided  however  that  constables  in  townships  not 
contiguous  to  municipalities  containing  twenty-five  thousand 
or  more  inhabitants  and  constables  in  townships  in  whieh 
a  state  penal  institution  is  not  located  shall  receive  in  addi- 
tion to  the  fees  now  provided  by  law  three  dollars  peT 
diem  for  each  day  in  actual  attendance  on  the  court  in 
criminal  cases  and  fifteen  cents  per  mile  for  every  mile 
actually  traveled  in  faking  prisoners  to  the  county  jail. 
The  salary  of  the  constables  as  above  provided  to  be  paid 
at  the  same  time  and  in  the  same  manner  as  county  officers 
are  paid. 

16.  Each  supervisor,  one  hundred  and  twenty-five  dollars 
per  month,  and  ten  cents  per  mile  for  traveling  to  and  from 
the  county  seat;  provided,  mileage  shall  not  be  allowed 
oftener   than   once   in   each    month. 


Act  837,  §  163  COUNTY  GOVERNMENT.  198 

17.  From  and  after  the  first  Monday  in  January,  nineteen 
hundred  and  three,  the  offices  of  recorder  and  auditor  shall 
be  separate  and  shall  not  be  consolidated  by  the  board  of 
supervisors. 

18.  For  attending  as  a  juror  in  the  superior  court,  for 
each  day's  nttendance,  per  day,  three  dollars.  For  each 
mile  actually  traveled  in  attending  court  as  a  juror,  in  going 
only,  per  mile,  twenty-five  cents.  [Amendment  approved 
March  20,  1905;  Stats.  1905,  p.  477.  In  effect  in  sixty 
days.] 

Sec.  163.  In  counties  of  the  sixth  class  the  county  of- 
i.eers  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1.  The  county  clerk,  five  thousand  nine  hundred  dollars 
per  annum ;  provided,  that  he  shall  appoint  one  chief  deputy, 
at  a  salary  of  twelve  hundred  dollars  per  annum,  two  court- 
room deputies,  at  salary  of  nine  hundred  dollars  per  au- 
num  each,  and  one  deputy  at  a  salary  of  nine  hundred  dol- 
lars per  annum.  The  salaries  of  said  four  deputies  shall 
be  paid  by  said  county  clerk  out  of  said  five  thousand  nine 
hundred    dollars    compensation    above    named. 

2.  The  sheriff,  sixty-two  hundred  dollars  per  annum;  pro- 
vided, that  he  shall  appoint  one  under-sheriff,  at  a  salary 
of  fifteen  hundred  dollars  per  annum,  and  three  deputy  sher- 
iffs, at  a  salary  of  nine  hundred  dollars  per  annum  each. 
The  salary  of  said  under-sheriff  and  deputies  shall  be  paid 
by  said  sheriff  out  of  said  sixty-two  hundred  dollars  com- 
pensation above  named.  The  sheriff  shall  also  receive,  as 
compensation  for  traveling,  to  be  computed  in  all  cases  from 
the  court-house,  to  serve  any  summons  and  complaint,  or 
any  other  process  by  which  an  action  or  proceeding  is  com- 
menced, notice,  rule  order,  subpoena,  attachment  on  prop- 
erty, to  levy  an  execution,  post  notice  of  sale,  to  sell  prop- 
erty under  execution  or  other  order  of  sale,  to  execute  an 
order  for  the  delivery  of  personal  property,  writ  of  pos- 
session or  restitution,  to  hold  inquest  or  trial  of  right  of 
property,  in  executing  writ  of  habeas  corpus,  or  collecting 
taxes,  twenty  cents  for  each  mile,  one  way  only,  to  be  com- 
puted over  the  nearest  and  most  practicable  route,  between 
the  court-house  and  the  place  of  service;  provided,  that  if 
any  two  or  more  papers  be  required  to  be  served  in  the 
same  suit,  at  the  same  time,  and  in  the  same  direction,  one 
mileage   only   shall   be   charged   to    the   most   distant   points 


109  COUNTY  GOVERNMENT.  Act  S37,  §  163 

to  complete  such  service,  which  distance  shall,  in  all  cases, 
be    estimated    by    the    nearest    practicable    route. 

3.  The  recorder,  five  thousand  six  hundred  dollars  per 
annum;  provided,  that  the  recorder  shall  appoint  four  copy- 
ists at  a  salary  of  nine  hundred  dollars  per  annum,  each; 
which  salary  of  said  four  copyists  shall  be  paid  by  said 
recorder  out  of  said  sum  of  five  thousand  six  hundred  dol- 
lars compensation  above  named;  and  provided,  further,  that 
said  copyists  being  eligible  may  be  appointed  deputies 
of   said   recorder   without    further   compensation. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per 
anu  am ;  provided,  that  the  expenses  incurred  in  making  ex- 
tensions of  assessment  and  tax  rolls  shall  be  paid  out  of 
said  sum  of  two  thousand  four  hundred  dollars  compensa- 
tion   above    mentioned. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

6.  The  tax  collector,  three  thousand  dollars  per  annum, 
and  such  fees  as  are  now  or  may  be  hereafter  allowed  him 
by  law  for  the  collection  of  all  county  licenses;  provided, 
that  the  tax  collector  shall  appoint  as  many  deputies  as 
may  be  necessary,  all  of  which  deputies'  salaries  shall  be 
paid    out    of    the    compensation    above    named. 

7.  The  assessor,  four  thousand  two  hundred  dollars  per 
annum;  provided,  that  the  assessor  shall  appoint  one  chief 
deputy,  at  a  salary  of  twelve  hundred  dollars  per  annum. 
and  as  many  deputy  assessors  as  may  be  necessary,  all  of 
which  deputies'  salaries  shall  be  paid  by  the  said' assessor 
out  of  said  four  thousand  two  hundred  dollars  compensa-; 
tion    above    mentioned. 

8.  The  district  attorney,  two  thousand  four  hundred  dol- 
lars per  annum,  and  one  assistant  district  attorney,  at  a 
salary  of  fifteen  hundred  dollars  per  annum,  to  be  paid  at 
the  same  time  and  in  the  same  manner  as  county  officers 
are  paid;  said  assistant  district  attorney  allowed  in  lieu 
of  the  assistant  district  attorney  allowed  by  virtue  of  sub- 
division thirty-six  of  section  twenty-five  of  an  act  entitled 
"An  act  to  establish  a  uniform  system  of  county  and  town- 
ship governments,"  approved  March  twenty-fourth,  eigh- 
teen hundred  and  ninety-three. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by   law. 


Act  S3T,  §  1C3  COUNTY  GOVERNMENT.  U00 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be    hereafter    allowed    by    law. 

11.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting 
the  schools  of  his  county;  provided,  said  superintendent  of 
schools  may  appoint  ;i  deputy  at  a  salary  of  nine  hundred 
dollars  per  annum,  payable  at  same  time  and  in  same  man- 
ner as  salaries  of  other  county  officers  are  paid. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred 
dollars  per  annum  for  all  work  performed  for  the  county, 
and  iu  addition  thereto  all  necessary  and  actual  traveling 
expenses  incurred  in  connection  with  field  work,  and  all 
fees  allowed  by  law;  provided,  that  out  of  the  compensa- 
tion hereinabove  provided  he  shall  pay  the  cost  of  plotting, 
tracing  or  otherwise  preparing  maps,  plats  or  block  books, 
and  shall  procure  the  necessary  data  therefor,  for  use  of 
the  county  assessor;  provided  further,  that  the  fees  for  land 
surveys,  except  when  done  for  the  county,  shall  be  ten  dol 
lars  per  day,  or  fraction  thereof,  and  in  addition  thereto  all 
necessary  and  actual  traveling  expenses.  He  shall  appoint 
a  deputy  .'it  a  salary  of  nine  hundred  dollars  per  annum,  pay- 
able at  the  same  time  and  in  the  same  manner  as  county 
ollicers    are    paid. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be 
hereafter    allowed    by    law. 

1  1.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed    by    law. 

15.  Each  member  of  the  board  of  supervisors,  f or  all  ser- 
vices required  of  them  by  law,  or  by  virtue  of  their  office, 
except  as  road  eommissom  vs.  shall  be  allowed  six  dollars 
per  day,  and  thirty  cents  per  mil.'  in  traveling  from  their 
place  of  residence  to  the  courthouse;  provided,  that  only  one 
mileage  must  be  allowed  at  each  term;  and  provided  further, 
that  no  supervisor  must  be  allowed  more  than  one  day's 
pay  for  any  one  .lay,  by  reason  of  his  being  on  the  commit- 
ters appointed  by  the  board  of  supervisors,  or  for  any  other 
cause;  provided.'  that  in  no  case  shall  the  per  diem  of  the 
supervisors,  as  supervisors,  exceed  eight  hundred  dollars 
each  iu  one  year.  Each  supervisor  shall  receive  for  his  ser- 
vices as  road  commissioner,  thirty  cents  per  mile,  onr  way, 
for  all  distances  actually  traveled  by  him  in  the  perform- 
ance of  his  duties;  provided,  that  he  shall  not  in  any  one 
yea*,  receive  more  than  four  hundred  dollars  as  such  road 
commissioner.      [Amendment     approved     March      20,     1905; 


201  COUNTY    GOVERNMENT.  Act  S37,  §  1G4 

Stats.  1905,  p.  504.     In  effect  on  the  first  Monday  after  the 
first  day  of  January,  1907.] 

Sec.  164.  In  counties  of  the  seventh  class  the  county 
officers  shall  receive  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk  two  thousand  four  hundred  dollars 
($2400)  per  annum.  He  shall  have  one  deputy  at  a  salary 
of  thirteen  hundred  eighty  dollars  ($13S0)  per  annum;  one 
deputy  at  a  salary  of  twelve  hundred  dollars  ($1200),  and 
three  deputies  at  salaries  of  ten  hundred  and  twenty  dollars 
($1020)  per  annum  each,  and  one  at  a  salary  of  seven  hun- 
dred and  twenty  dollars  ($720)   per  annum. 

2.  The  sheriff  fifty-four  hundred  dollars  ($5400)  per  annum 
and  all  fees  for  service  of  processes  issued  without  his 
county.  He  shall  have  an  under-sheriff  whose  annual  salary 
shall  be  thirteen  hundred  eighty  dollars  ($13S0),  two  dep- 
uties whose  annual  salaries  shall  be  twelve  hundred  ($1200) 
each,  one  deputy  whose  salary  shall  be  eleven  hundred  and 
forty  dollars  per  annum  and  three  deputies  whose  annual 
salaries  shall  be  ten  hundred  and  twenty  dollars  ($1020) 
each. 

3.  The  recorder  twenty-one  hundred  dollars  ($2100)  per 
annum.  He  shall  have  one  deputy  whose  annual  salary  shall 
be  thirteen  hundred  eighty  dollars  ($1380),  and  two  depu- 
ties whose  annual  salaries  shall  be  ten  hundred  and  tweuty 
dollars  ($1020)  each,  and  one  deputy  for  a  period  of  four 
months  at  seventy-five  dollars  ($75)  per  month,  he  shall  have 
such  copyists  as  are  necessary  to  perform  the  duties  of  the 
office  at  a  compensation  not  to  exceed  6  cents  per  folio. 

4.  The  auditor  twenty-one  hundred  ($2100)  dollars  per 
annum,  and  one  deputy  at  an  annual  salary  of  thirteen  hun- 
dred eighty  dollars  ($1380)  and  one  clerk  at  an  annual  sal- 
ary of  ten  hundred  and  twenty  dollars  ($1020). 

•5.  The  treasurer  twenty-five  hundred  dollars  ($2500)  per 
annum.  He  shall  have  a  deputy  at  a  salary  of  thirteen  hun- 
dred eighty  dollars  ($1380)  per  annum. 

8,  The  tax  collector  twenty-one  hundred  dollars  ($2100) 
per  annum.  He  shall  have  one  deputy  who  shall  receive 
thirteen  hundred  eighty  dollars  ($1380)  per  annum,  and 
three  deputies  at  au  annual  salary  of  ten  hundred  and  twenty 
dollars  ($1020)  each.  No  other  fees  or  compensation  other 
than  the  compensation  provided  for  in  this  section  shall  be 
allowed   the   tax   collector  for  the   collection  of  license,   and 


Act  837,  §  164  COUNTY    GOVERNMENT.  20'J 

all  license  or  other  fees  collected  shall  be  paid  into  the 
county  treasury  monthly,  rendering  therewith  a  statement 
of  the  license  or  other  fees  collected.  He  shall  be  allowed 
actual  traveling  expenses  in  the  collection  of  said  license 
fees,  the  same  to  be  audited  by  the  board  of  supervisors  and 
paid  the  same  as  other  bills  against  the  county  are  paid. 

7.  The  assessor  shall  receive  three  thousand  dollars  ($3000) 
per  annum,  for  all  services  rendered  as  assessor.  He  shall 
have  one  deputy  at  an  annual  salary  of  thirteen  hundred 
eighty  dollars  ($1380)  and  ten  deputies  for  three  months 
whose  per  diem  shall  be  four  dollars  ($4)  each  when  actu- 
ally employed,  and  four  deputies  for  four  months  whose 
per  diem  shall  be  four  dollars  ($4.00)  each  when  actually 
employed.  He  shall  have  four  copyists  for  a  period  of  four 
months  each,  at  fifty  dollars  ($50.00)  per  month  each  during 
such  time.  All  sums  collected  by  the  assessor  or  his  depu- 
ties either  as  personal  property  taxes,  poll  or  road  taxes,  or 
the  fees  allowed  by  law  for  the  making  of  the  military  roll 
shall  be  paid  into  the  county  treasury  monthly  as  collected, 
with  a  statement  of  account  of  such  collections. 

8.  The  district  attorney  three  thousand  dollars  ($3000) 
per  annum.  He  shall  have  one  deputy  at  a  salary  of  eigh- 
teen hundred  dollars  ($1S00)  per  annum,  and  one  deputy  at 
a  salary  of  twelve  hundred  dollars  ($1200)  per  annum.  He 
shall  also  have  a  stenographer  at  an  annual  salary  of  nine 
hundred  dollars  ($900). 

9.  The  coroner  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

11.  The  superintendent  of  school  twenty-one  hundred  dol 
lars  ($2100)  per  annum  for  all  services  rendered  as  such. 
He  shall  have  one  deputy  at  an  annual  salary  of  twelve 
hundred  dollars  ($1200).  The  superintendent  shall  also  be 
allowed  actual  traveling  expenses  when  visiting  the  schools 
of  his  county. 

12.  The  surveyor  two  thousand  dollars  ($2000)  per  annum 
in  full  compensation  for  all  services  as  county  surveyor  as 
road  viewer  and  road  inspector  and  his  actual  expenses  when 
at  work  in  the  field.  He  shall  have  one  deputy  at  an  an- 
nual  salary  of  nine   hundred  and  sixty   dollars   ($960). 

13.  (a)  The  registered  population  of  the  several  judicial 
townships  of  this  county  is  hereby  determined  to  be  the  reg- 
istered vote  as  shown  by  the  great  register  of  the  county  in 


BD3  COUNTY  GOVERNMENT.  Act  837,  §  1C4 

the  office  of  the  county  clerk.  The  salaries  of  the  several 
township  officers  shall  be  determined  by  the  registered  vot- 
ing population  as  shown  by  said  register  at  the  general  elec- 
tion of  the  preceding  even  numbered  year,  and  are  as  fol- 
lows, to  wit: 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 

Judicial  Townsh 


p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

p 

No. 

1 275   (Firebaugh)      . 

2 621    (Clovis) 

3 561 S    (Fresno) 

4 S22   (Fowler) 

5 827   (Sclma) 

6 542   (Coalinga) 

7 953    (Sanger) 

8 512   (Eeedley) 

9 283    (Kingsburg) 

10 466   (Letcher) 

p   No.  11 67    (Lemoore) 

p  No.  12 73   (Polasky) 

p   No.  13 322    (Laton) 

(6)  For  the  purpose  of  regulating  the  compensation  of 
justices  of  the  peace  and  persons  performing  the  duties  of 
justice  of  the  peace,  and  constables,  townships  of  this  class 
of  counties  are  hereby  classified  according  to  the  registered 
voting  population  as  shown  by  the  great  register  of  the 
county. 

Townships  having  a  registered  voting  population  of  5000 
and  more  shall  belong  to  and  be  known  as  townships  of  the 
first  class;  townships  having  a  like  population  of  1000  and 
less  than  5000  shall  belong  to  and  be  known  as  townships  of 
the  second  class;  townships  having  a  like  population  of  800 
and  less  than  1000  shall  belong  to  and  be  known  as  town- 
ships of  the  third  class;  townships  having  a  like  population 
of  500  and  less  than  800  shall  belong  to  and  be  known  as 
townships  of  the  fourth  class;  townships  having  a  like  popu- 
lation of  250  and  less  than  500  shall  belong  to  and  be  known 
as  townships  of  the  fifth  class;  townships  having  a  like  pop- 
ulation of  250  and  less  shall  belong  to  and  be  known  as 
townships  of  the  sixth  class. 

(c)  Justices  of  the  peace  and  persons,  performing  duties  of 
justices  of  the  peace  shall  receive  the  following  monthly 
salaries  to  be  paid  each  month  as  the  county  officers  are 
paid,  and  the  same  shall  be  in  full  compensation  for  all  ser- 
vices rendered  in  criminal  cases,  and  shall  include  their  office 
rent,  to  wit: 


Act  837,  §  164  COUNTY  GOVERNMENT.  204 

'lips  of  the  first  class  one  hundred  and  seventy- 
five  dollars. 

lips  of  the  second  class  one  hundred  dollars. 

In   townships  of  the  third  class  eighty  dollars. 

In   townships  of  the   fourth  class  sixty  dollars. 

In  townships  of  the  fifth  class,  forty  dollars. 

In  townships  of  the  sixth  class  twenty  dollars. 
•  In  addition  to  the  monthly  salaries  herein  allowed  each 
justice  of  the  peace  may  receive  and  retain  for  his  own  use, 
such  fees  as  are  now  or  may  lure  after  be  allowed  by  law  for 
all  services  rendered  by  him  in  civil  actions.  Each  justice 
of  the  peace  must  pay  into  the  county  treasury  once  a  month, 
all  fines  collected  by  him. 

11.  Constables  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month  as  the  county  officers  are  paid, 
ami  shall  be  in  full  compensation  for  all  services  rendered 
by  them  in  criminal  cases,  to  wit: 

in   townships  of  the  first  class,  one  hundred  dollars. 

In  townships  of  the  second  class,  ninety  dollars. 

In  townships  of  the  third  class,  eighty  dollars. 

In    townships   of    the   fourth    class,   sixty   dollars. 

In  townships  of  the  fifth  class,  forty  dollars. 

In  townships  of  the  sixth  class,   twenty  dollars. 

In  addition  to  the  monthly  salaries  herein  allowed  each 
constable  may  receive  and  retain  for  his  own  use,  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law  for  all  ser- 
vices rendered  by  him  in  civil  action;  and  shall  be  also  al- 
lowed all  necessary  expenses  actually  incurred  in  arresting 
and  conveying  prisoners  to  court  or  prison,  which  expenses 
shall  be  audited  by  the  board  of  supervisors  and  paid  out 
of  the  county  treasury ;  provided  further  that  when  any  con- 
stable is  required  to  go  out  o£  his  own  county  to  serve  a 
warrant  of  arrest,  or  any  other  paper  in  a  criminal  case,  he 
shall  be  allowed  mileage  in  going  and  returning  outside  of 
his  own  county  at  tne  rate  of  five  cents  per  mile. 

15.  The  Supervisors  shall  receive  each  the  sum  of  fifteen 
hundred  dollars  per  annum,  paid  monthly  in  installments  of 
one  hundred  and  twenty-five  dollars  per  month,  in  full  com- 
pensation for  all  services  rendi  red  cither  as  supervisors  or 
road  overseers. 

16.  Jurors'  fees  in  criminal  cases  shall  be  as  follows:  Fit 
attending  as  a  grand  juror  or  a  trial  juror  in  the  superior 
court,  in  criminal  cases  only,  for  each  day's  attendance,  per 
elay  three  dollars,  for  each  mile  actually  traveled  in  attend- 
ing  court   as   such   juror   under   summons   or   under   order   of 


MS  COUNTY    GOVERNMENT.  Act  S3?,  5  165 

court,  in  criminal  cases,  in  going  only,  per  mile,  fifteen  cents 
and  the  county  clerk  shall  certify  to  the  auditor  the  number 
of  days  attendance  and  Dumber  of  miles  traveled  by  each 
juror,  and  the  auditor  shall  then  draw  his  warrant  therefor 
<ind  the  treasurer  shall  pay  the  same. 

17.  The  salaries  of  all  county  and  township  officers  shall 
be  payable  in  installments  monthly  on  the  first  day  of  each 
month.  [Amendment  approved  March  20,  1895;  Stats.  1905, 
p.  435.     In  effect  sixty  days.] 

Sec.  165.  In  counties  of  the  eighth  class,  the  county  of- 
ficers shall  reeeive  as  compensation  for  the  services  re- 
quired of  them  by  law,  or  by  virtue  of  their  office,  the  fol- 
lowing  salaries,    to    wit: 

1.  The  county  clerk,   three  thousand  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum;  the  sher- 
iff shall  also  receive  for  his  own  use  and  benefit  the  fees 
for  mileage  which  are  now  or  which  may  hereafter  be  al- 
lowed by  law,  and  the  fees  or  commissions  for  the  service  of 
all  papers  whatsoever  issued  by  any  court  of  the  state  out- 
side of  his  county;  and  shall  also  receive  his  necessary  ex- 
penses  in   all  criminal    cases. 

3.  The   recorder,    two    thousand    dollars    per   annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and 
such  commissions  as  are  now  or  may  hereafter  be  allowed 
by  law. 

6.  The  tax  collector,  one  thousand  dollars  pe*  annum,  and 
ten  per  cent  on  all  licenses  collected,  which  shall  be  in  full 
for    all    services    as    tax    collector    and    license    collector. 

7.  The  assessor,  eleven  thousand  five  hundred  dollars  per 
annum;  the  assessor  shall  turn  over  to  the  county  all  fees 
and  commissons  for  the  collection  of  poll  tax,  personal  prop- 
erty tax  and  for  making  up  the  military  roll.  The  assessor 
shall  make  all  maps  and  plats  and  shall  bind  in  book  form, 
alphabetically  arranged,  all  assessment  lists;  provided  there 
shall  be  no  charge  against  the  county  for  the  making  of 
said  maps,  plats,  and  said  binding,  except  for  the  materia] 
furnished  in  the  making  of  said  maps  and  plats  and  bindiiia 
of   said    assessment    lists. 

8.  The  district  attorney,  three  thousand  dollars  per  aunum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed   by   law. 


Act  837,  §  165  COUNTY  GOVERNMENT.  206 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be   hereafter  allowed   by  law. 

11.  The  superintendent  of  schools,  twenty-four  hundred 
dollars  per  annum,  and  actual  traveling  expenses  when  vis- 
iting the  schools  of  his  county,  said  expenses  not  to  exceed 
Bix    hundred    dollars    in    one    year. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after  allowed   by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  salar- 
ies for  all  services  rendered  by  them  in  criminal  cases,  pay- 
able in   the   same   manner  as  county  officers   are   paid,  viz.: 

In  townships  having  a  population  of  fourteen  thousand  or 
more,  one  hundred  dollars  per  month;  in  townships  having 
a  population  of  not  less  than  five  thousand  nor  more  than 
fourteen  thousand,  sixty-five  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  three  thousand  nor  more 
than  five  thousand,  fifty  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  two  thousand  nor  more 
than  three  thousand,  forty-five  dollars  per  month;  in  town- 
ships having  a  population  of  not  less  than  one  thousand  four 
hundred  nor  more  than  two  thousand,  thirty-five  dollars  per 
month;  in  all  townships  having  a  population  of  less  than 
one  thousand  four  hundred,  fifteen  dollars  per  month;  jus- 
tices of  the  peace  in  counties  of  this  class  shall  also  receive 
for  their  own  use  and  benefit  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law  in  civil  cases. 

14.  Constables  shall  receive  the  following  salaries  for  all 
services  rendered  by  them  in  criminal  cases,  payable  monthly 
in  the  same  manner  as  county  officers  are  paid,  viz.:  In  town- 
ships having  a  population  of  fourteen  thousand  or  more, 
eighty-five  dollars  per  month;  in  townships  having  a  popu- 
lation of  not  less  than  five  thousand  nor  more  than  fourteen 
thousand,  sixty-five  dollars  per  month;  in  townships  having 
a  population  of  not  less  than  three  thousand  nor  more  than 
five  thousand,  fifty  dollars  per  month;  in  townships  having 
a  population  of  not  less  than  two  thousand  nor  more  than 
three  thousand,  forty-five  dollars  per  month;  in  townships 
having  a  population  of  not  less  than  one  thousand  four  hun- 
dred nor  more  than  two  thousand,  thirty-five  dollars  per 
month;  in  all  townships  having  a  population  of  less  than 
one  thousand  four  hundred,  fifteen  dollars  per  month;  con- 
stables in  counties  of  this  class  shall  also  receive  for  their 
own  use  and  benefit  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law  for  mileage  in  criminal  cases  and  shall 


207  COUNTY  GOVERNMENT.  Act  837,  §  lfi5 

also   receive  such  fees   as   are  now  or   may  hereafter  be  al- 
lowed by  law  in  civil  cases. 

15.  Each  member  of  the  board  of  supervisors,  nine  hun- 
dred dollars  per  annum,  and  their  necessary  expenses  when 
attending  to  the  business  of  the  county,  other  than  the 
meetings  of  the  board;  and  fifteen  cents  a  mile  in  traveling 
to  and  from  his  residence  to  the  county  seat;  provided,  that 
not  more  than  one  mileage  at  any  one  term  of  the  board 
shall  be  allowed. 

16.  The  bonds  of  the  clerk,  sheriff,  recorder,  auditor, 
treasurer,  tax  collector,  assessor,  district  attorney,  coroner, 
public  administrator,  superintendent  of  schools  and  sur- 
veyor, shall  be  executed  with  a  reliable  bond  and  security 
company  and  that  the  cost  of  said  bond,  when  duly  ap- 
proved shall  be  a  charge  against  the  county,  and  payable 
out   of  the   general   fund. 

17.  The  county  clerk  shall  have  one  chief  deputy,  at  a 
salary  of  fifteen  hundred  dollars  per  annum;  two  court 
room  deputies,  at  a  salary  of  one  thousand  and  eighty  dol- 
lars per  annum  each,  and  a  deputy  or  deputies  not  to  ex- 
ceed ten,  for  the  purpose  of  registering  electors  and  for 
other  emergencies,  to  be  paid  not  to  exceed  three  dollars 
per  diem   each. 

The  county  recorder,  one  deputy,  at  a  salary  of  fifteen 
hundred  dollars  per  annum,  three  deputies  at  a  salary  of 
one  thousand  and   eighty   dollars  per  annum  each. 

The  treasurer,  one  deputy  at  a  salary  of  two  thousand 
dollars  per  annum;  and  a  deputy  for  the  purpose  of  col- 
lecting taxes  and  for  other  emergencies,  to  be  paid  not  to 
exceed   four   dollars   per    diem. 

The  district  attorney,  an  assistant  district  attorney,  at  a 
salarv  of  eighteen  hundred  dollars  per  annum,  and  a  deputy 
district  attorney,  at  a  salary  of  twelve  hundred  dollars  per 
annum. 

The  superintendent  of  schools,  one  deputy,  at  a  salary  of 
nine  hundred  dollars  per  annum. 

The  sheriff,  an  under-sheriff,  who  shall  receive  a  salary  of 
eighteen  hundred  dollars  per  annum;  a  clerk,  who  shali  re- 
ceive'a  salary  of  one  thousand  and  eighty  dollars  per  an- 
num- two  deputy  sheriffs,  who  shall  receive  a  salary  of  one 
thousand  and  eighty  dollars  per  annum  each;  two  bailiffs 
or  courtroom  deputies,  who  shall  receive  a  salary  of  one 
thousand  and  eighty  dollars  per  annum  each;  two  jailers, 
who  shall  receive  a  salary  of  one  thousand  and  eighty  dol- 
lars per  annum  each;   and  a  deputy  or  deputies  not   to   ex- 


Act  837,  §  166  COUNTY  GOVERNMENT.  20S 

ceed  two,  for  tbe  purpose  of  serving  papers  and  for  other 
emergencies  to  be  paid  not  to  exceed  three  and  a  half  dol- 
lars per  diem  each.  All  the  deputies,  assistants,  and  clerks 
herein  mentioned  shall  be  paid  at  the  time  and  in  the  man- 
ner that  the  principals  are  paid  from  and  after  the  ap- 
proval of  this  act.  [Amendment  approved  March  20,  1905; 
Stats.  1905,  p.  507.  In  effect  from  and  after  January  1, 
1907.] 

Sec.  166.  In  counties  of  the  ninth  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  re 
quired  of  them  by  law  or  by  virtue  of  their  office,  the  fol- 
lowing  salaries,    to    wit: 

1.  The  county  clerk,  seven  thousand  six  hundred  dollars 
per   annum. 

2.  The  sheriff,  seven  thousand  eight  hundred  dollars  per 
annum;  and  the  sheriff  shall  also  receive  for  his  own  use  and 
benefit  the  fees  or  commissions  for  the  service  of  all  papers 
whatsoever,  issued  by  any  court  of  the  state  outside  of  his 
county.  And  the  board  of  supervisors  shall  allow  the  sher- 
iff his  actual  and  necessary  expenses  in  serving  any  civil 
or  criminal  process,  or  performing  any  other  official  duty 
within  his  county  at  a  distance,  by  the  ordinary  route  of 
travel,   of   more    than    sixty   miles   from   the    county   seat. 

3.  The  recorder,  the  fees  now  allowed  by  law  pertaining 
to  said  recorder's  office;  provided,  that  the  fie  for  filing, 
indexing,  and  canceling  tax  sale  certificates  for  land  sold 
to  the  state  for  delinquent  taxes  shall  be  fifteen  cents  for 
each  certificate,  and  for  filing,  recording,  and  indexing  tax 
deeds  to  the  state,  the  fee  shall  be  seventy-five  cents  each, 
all  of  which  shall  be  p&id  out  of  the  county  treasury  in 
the  same  manner  that  other  claims  are  paid;  provided,  that 
the  fee  to  be  charged  by  the  recorder  for  filing  certificates 
of  tax  sale  issued  by  the  tax  collector  of  any  municipality 
within  any  county  of  the  ninth  class  shall  be  one  dollar 
for  each  volume,  when  the  same  is  bound  in  book  form; 
each  of  said  volumes  shall  contain  not  less  than  two  hun- 
dred of  such  tax  certificates;  provided,  that  all  books  of 
record,  printing,  and  stationery  shall  be  furnished  and  paid 
for  by  the  recorder  out  of  his  fees;  the  style  and  quality 
of  the  same  to  be  approved  by  the  board  of  supervisors. 

4.  The  auditor,  five  thousand  five  hundred  dollars  per  an- 
num. 

5.  The    treasurer,    three    thousand    dollars    per    annum. 


200  COUNTY  GOVERNMENT.  ,  Act  837,  §  168 

6.  The  tax  collector,  seven  thousand  dollars  per  annum, 
which  shall  include  all  fees  and  percentage  as  license  col- 
lector. 

7.  The  assessor,  six  thousand  five  hundred  dollars  per 
annum,   and  such  fees  as  are   allowed   by  law. 

8.  The  district  attorney,  five  thousand  dollars  per  annum. 

9.  The  superintendent  of  public  schools,  twenty-five  hun- 
dred dollars  per  annum.  He  shall  have  one  deputy  at  an 
annual  salary  of  twelve  hundred  dollars. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law. 

11.  The  coroner,  seventy-five  dollars  per  month,  and  in  ad- 
dition thereto  the  board  of  supervisors  shall  allow  the  cor- 
oner his  actual  traveling  expenses  in  the  performance  of  his 
official  duties  within  his  county  at  a  distance  by  the  ordi- 
nary route  of  travel  of  more  than  sixty  miles  from  the 
county  seat. 

12.  The  surveyor,  three  thousand  dollars  per  annum,  which 
shall  be  in  lieu  of  all  fees  and  per  diem  now  allowed  by 
law. 

13.  Constables,  in  civil  cases  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  and  in  criminal  cases  in  town- 
ships having  a  population  of  sixteen  thousand  or  more  in 
lieu  of  fees  now  allowed  by  law  the  sum  of  one  hundred 
dollars  per  month;  and  in  all  townships  having  a  population 
of  less  than  sixteen  thousand,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  however,  that  no  con- 
stable in  such  township  shall  be  allowed  in  any  one  month 
out  of  the  county  treasury  more  than  si  v,  nty-five  dollars  as 
fees  in  misdemeanor  cases;  provided  further,  that  in  such 
townships  they  shall  receive  for  each  day's  attendance  in 
criminal  cases*  when  required  by  the  justice  to  "be  present 
two  dollars  per  day;  provided  further,  that  in  all  townships 
the  constables  thereof  for  taking  persons  to  the  county  jail 
actual  traveling  expenses  only  shall  be  allowed  in  lieu  of 
mileage. 

14.  Justices  of  the  peace,  in  all  townships  having  a  popu- 
lation of  sixteen  thousand  or  more,  one  hundred  and  fifty 
dollars  per  month  in  full  of  all  con:  in  both  civil 
and  criminal  cases;  in  townships  having  a  population  Of  less 
than  sixteen  thousand  such  fe<  here- 
after be  allowed  by   law;    provided   however,  that  no  ju: 

of  the  peace  in  such   township   shall   be   allowed    iu   any  one 
Gen.  Laws— 14 


A.ct  837,  §  166  COUNTY  GOVERNMENT.  8M 

month    out   of   the   county   treasury   more   than   seventy-five 
dollars  in  misdemeanor  cases. 

The  board  of  supervisors  of  such  county  shall  furnish  the 
township  justice  of  the  peace  and  the  constables  in  town- 
ships having  a  population  of  sixteen  thousand  or  more  with 
suitable  courtroom  and  furniture  for  said  justice  of  the 
peace,  and  an  office  with  necessary  and  proper  furniture 
therefor,  for  each  of  said  constables. 

15.  Each  member  of  the  board  of  supervisors,  five  hun- 
dred dollars  per  annum,  and  fifteen  cents  per  mile  in  going 
from  his  residence  to  the  county  seat  at  each  meeting  of 
the  board.  Also,  four  hundred  dollars  per  annum  each,  and 
mileage  now  allowed  by  law,  for  services  as  road  commis- 
sioners. 

16.  In  counties  of  this  class  the  official  reporters  of  the 
superior  court  shall  receive,  as  full  compensation  for  tak- 
ing notes  in  civil  and  criminal  cases  tried  in  said  court, 
and  on  all  lunacy  and  preliminary  examinations  and  cor- 
oner's inquests,  a  monthly  salary  of  one  hundred  and 
twenty-five  dollars,  payable  out  of  the  county  treasury  at 
the  same  time  and  in  the  same  manner  as  the  salaries  of 
the  county  officers;  and  for  transcription  of  said  notes,  when 
required,  he  shall  receive  the  sum  of  ten  cents  per  folio 
for  the  original  and  five  cents  per  folio  per  copy;  said  com- 
pensation for  transcription  in  criminal  cases  anel  coroner  'a 
inquests  to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and  paid  out  of 
the  county  treasury,  and  in  civil  cases  to  be  paid  by  the 
party  ordering  the  same,  or  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the  court 
may  direct. 

17.  In  counties  of  this  class  there  shall  be  but  one  horti- 
cultural commissioner. 

18.  Each  member  of  the  board  of  education  shall  receive 
five  dollars  per  day  for  not  to  exceed  sixty  days  in  any 
one  year  as  compensation  for  his  services  when  in  actual 
attendance  upon  said  board,  and  mileage  at  the  rate  of 
twenty  cents  per  mile,  one  way  only,  from  his  residence  to 
the  place  of  meeting  of  said  board.  The  secretary  of  said 
board  of  education  shall  receive  five  elollars  per  day  for  not 
to  exceed  sixty  days  in  any  one  year  for  his  service,  s  £ot 
the  actual  time  that  the  board  may  be  in  session.  Said 
compensation  of  the  members  of  said  board  and  of  said  sec- 
retary shall  be  paid  out  of  the  same  fund  as  the  Balaxy  of 
the  superintendent  of  schools.     Claims  of  such  services  and 


211  COUNTY  GOVERNMENT.  Act  837,  5  167 

mileage  shall  be  presented  to  the  board  of  supervisors  and 
shall  be  allowed  at  the  rate  above  named  and  in  the  same 
manner  as  other  claims  against  the  county  are  allowed. 
The  compensation  of  the  members  of  the  county  board  of 
education  herein  provided  is  not  in  addition  to  that  pro- 
vided in  section  seventeen  hundred  and  seventy  of  the 
Political  Code.  [Amendment  approved  March  20,  1905; 
Stats.   1905,  p.   401.     In   effect   immediately.] 

Sec.  167.  In  counties  of  the  tenth  class  the  county  of- 
ficers shall  receive  as  compensation  for  the  services  re- 
quired of  them  by  law,  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  and  shall  have  as  assistants  the  respective 
employees  hereafter  named,  to  wit: 

1.  The  county  clerk,  four  thousand  three  hundred  dollars 
per  annum,  and  the  sum  of  five  hundred  dollars  for  making 
the  great  register,  and  ten  cents  for  each  person  registered, 
and  there  shall  be,  and  there  is  hereby  allowed  to  the 
county  clerk  in  addition,  one  deputy,  to  be  appointed  by  the 
county  clerk,  who  shall  be  paid  a  salary  of  one  thousand 
dollars  per  annum,  the  said  salary  to  be  paid  by  such  county 
in  monthly  installments,  at  the  time,  and  in  the  manner 
and  out  of  the  same  fund  as  the  salaries  of  county  officers 
are  paid. 

2.  The  sheriff,  five  thousand  three  hundred  dollars  per 
annum,  and  all  commissions,  fees  and  mileage  for  the  ser- 
vice of  papers  or  process  coming  from  courts  other  than 
those  of  his  own  county,  and  there  shall  be,  and  there  is 
hereby  created  the  office  of  jailer,  to  be  appointed  by  (he 
sheriff,  who  shall  be  paid  a  salary  of  one  thousand  two  hun- 
dred dollars  per  annum,  said  salary  to  be  paid  by  such 
county  in  monthly  installments,  at  the  time  and  in  the  man- 
ner and  out  of  the  same  fund  as  the  salaries  of  county  offi- 
cers are  paid. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  an- 
num, and  six  cents  per  folio  for  recording,  and  four  hundred 
and  fifty  dollars  per  year  for  abstract  of  mortgages  for 
the  county  assessor. 

4.  The  auditor  two  thousand  four  hundred  dollars  per  an- 
num, and  there  shall  be,  and  there  is  allowed  to  the  auditor 
in  addition,  one  deputy,  to  be  appointed  by  the  auditor, 
who  shall  be  paid  a  salary  of  one  thousand  dollars  per  an- 
num, and  there  shall  be,  and  thera  is  allowed  to  the  auditor 
in  addition,  three  clerks  to  be  appointed  by  the  auditor, 
who  shall  be  paid  a  salary  of  seventy-five  dollars  per  month 


Act  837,  §  167  COUNTY  GOVERNMENT.  213 

each,  not  to  exceed  one  month  in  any  one  year;  said  salaries 
to  be  paid  by  such  county  in  monthly  installments  at  the 
time  and  in  the  manner  and  out  of  the  same  fund  as  the 
salaries  of   county  officers  are  paid. 

5.  The  treasurer,  two  thousand  four  hundred  dollars  per 
annum. 

C.  The  tax  collector  three  thousand  two  hundred  dollars 
per  annum;  and  there  shall  be,  and  there  is  allowed  to  the 
tax  collector  in  addition,  one  deputy,  to  be  appointed  by 
the  tax  collector,  who  shall  be  paid  a  salary  of  one  thou- 
sand dollars  per  annum,  .said  salary  to  be  paid  by  such 
county  in  monthly  installments  at  the  time  and  in  the  man- 
ner and  out  of  the  same  fund  as  the  salaries  of  county  oili- 
cers  are  paid;  provided,  however,  that  in  counties  of  this 
class,  the  tax  collector  shall  receive  no  fees  or  commissions 
for  the  collection  of  licenses. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per 
annum,  and  there  shall  be,  and  there  is  allowed  to  the  as- 
sessor, in  addition,  one  deputy,  to  be  appointed  by  the  as- 
sessor, who  shall  be  paid  a  salary  of  seventy-five  dollars 
per  month,  not  to  exceed  six  months  in  any  one  year,  said 
salary  to  be  paid  by  such  county  in  monthly  installments 
at  the  time  and  in  the  manner  and  out  of  the  same  fund 
as  the  salaries  of  county  officers  are  paid;  provided,  however, 
that  the  percentage  received  by  the  assessor  on  poll  taxes 
and  personal  property  taxes,  and  also  amounts  allowed  for 
returning  names  of  persons  subject  to  military  duty,  and 
which,  in  counties  of  other  classes,  is  allowed  to  the  assessor 
as  compensation,  shall  be  paid  by  him  into  the  county 
treasury,  and  no  part  thereof  shall  be  received  by  him  as 
compensation. 

8.-  The  district  attorney,  three  thousand  dollars  per  an- 
num, ami  there  shall  be,  and  there  is  allowed  to  the  district 
attorney  in  addition,  one  deputy,  to  be  appointed  by  the 
district  attorney,  who  shall  be  an  attorney  at  law  regularly 
admitted  to  practice  before  the  supreme  court  of  the  State 
of  California,  who  shall  be  paid  a  salary  of  one  thousand 
two  hundred  dollars  per  annum,  said  salary  to  be  paid  by 
such  county  in  monthly  installments  at  the  time  and  in  the 
manner  and  out  of  the  same  fund  as  the  salaries  of  county 
officers  are  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be. 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  Be  allowed  by  law. 


51:}  COUNTY    GOVERNMENT.  Act  g»,   g 

11.  The  superintendent  of  schools  for  full  services  includ- 
ing attendance  on  the  county  board  of  education,  one  thou- 
sand eight  hundred  dollars  per  annum,  and  actual  traveling 
expenses,  and  there  shall  be,  and  there  is  allowed  to  the 
superintendent  in  addition,  a  deputy,  who  shall  be  ap- 
pointed by  the  superintendent  of  schools,  who  shall  be  paid 
a  salary  of  one  thousand  dollars  per  annum,  said  salary  to 
be  paid  by  such  county  in  monthly  installments  at  the  time 
and  in  the  manner  and  out  of  the  same  fund  as  the  salaries 
of  county  officers  are  paid.  The  office  of  the  superintendent 
of  schools  shall  be  kept  open  on  all  business  days  from  nin^ 
o  'clock  A.  M.  to  five  o  'clock  P.  M. 

12.  Each  member  of  the  board  of  education  shall  receive 
five  dollars  per  day  as  compensation  for  his  services  whin 
in  actual  attendance  upon  said  board,  and  mileage  at  the 
rate  of  twenty  cents  per  mile,  one  way  only,  from  his  resi- 
dence to  the  place  of  meeting  of  said  board.  The  secretary 
of  said  board  of  education  shall  receive  five  dollars  per  day 
for  his  services  for  the  actual  time  that  the  board  may  !>.> 
in  session.  Said  compensation  of  the  members  of  sal  I 
board  and  of  said  secretary  shall  be  paid  out  of  the  same 
fund  as  the  salary  of  the  superintendent  of  schools  is  paid. 
Claims  of  such  services  and  mileage  shall  be  presented  to 
the  board  of  supervisors  and  shall  be  allowed  at  the  rate 
above  named  and  in  the  same  manner  as  other  claim-; 
against  the  county  are  allowed.  The  compensation  of  the 
members  of  the  county  board  of  education  herein  provided 
is  not  in  addition  to  that  provided  in  section  one  thousand 
seven   hundred   and   seventy   of   the   Political   Code. 

13.  The  surveyor,  one  thousand  five  hundred  dollars  per 
annum,  and  in  addition  thereto  all  necessary  expenses,  in- 
curred in  performing  county  work,  ordered  by  the  board  or 
supervisors. 

14.  The  justices  of  the  peace,  the  following  monthly 
salaries,  to  be  paid  each  month  as  salaries  of  other  county 
officers  are  paid,  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases: 

In  townships  having  a  population  of  six  thousand  and 
over,    ninety    dollars    per    month. 

In  townships  having  a  population  of  two  thousand  four 
hundred  and  less  than  six  thousand,  seventy-five  dollars  per 
month. 

In  townships  having  a  population  of  one  thousand  five 
hundred  and  less  than  two  thousand  four  hundred,  sixty 
dollars   per   month. 


KctSU,  §167  COUNTY    GOVERNMENT.  214 

In  townships  having  a  population  of  eight  hundred  and 
less  than  one  thousand  five  hundred,  fifty  dollars  per 
month. 

In  townships  having  a  population  of  five  hundred  and 
less  than  eight  hundred,  twenty  dollars  per  month. 

In  townships  having  a  population  less  than  five  hundred, 
ten    dollars    per    month. 

In  addition  to  the  above  salaries,  each  justice  of  the 
peace  shall  collect  for  his  own  use  in  civil  cases  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law. 

15.  Constables,  the  following  monthly  salaries,  to  be  paid 
each  month  as  the  salaries  of  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  crim- 
inal  cases: 

In  townships  having  a  population  of  five  thousand  and 
more,  eighty-five  dollars  per  month;  in  townships  having  a 
population  of  two  thousand  five  hundred  and  less  thau  five 
thousand,  sixty-five  dollars  per  month;  in  townships  hav- 
ing a  population  of  fifteen  hundred  and  less  than  two  thou- 
sand five  hundred,  sixty  dollars  per  month;  in  townships 
having  a  population  of  eight  hundred  and  less  than  fifteen 
hundred,  fifty  dollars  per  month;  in  townships  having  q 
population  of  five  hundred  and  less  than  eight  hundred, 
twenty  dollars  per  month;  in  townships  having  a  population 
less  than  five  hundred,  ten  dollars  per  month.  In  addition 
to  the  monthly  salary  allowed  herein,  each  constable  may 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

The  population  of  townships  shall,  for  the  purpose  of  this 
section,  be  determined  by  the  last  preceding  United  States 
census,  and  in  case  townships  are  formed  after  the  taking 
of  the  census,  then  the  population  shall  be  determined  by 
multiplying  the  vote  for  governor  cast  in  such  township, 
at  the  last  preceding  election,  by  four. 

16.  The  supervisors  each  the  sum  of  one  hundred  and 
twenty-five  dollars  per  month  as  supervisors  and  road  com- 
missioners, and  actual  traveling  expenses  not  to  exceed  five 
hundred  dollars  in  any  one  year;  vouchers  for  said  travtl 
ing   expenses  shall   be   filed   with   the   proper  officer. 

17.  The  official  reporter  of  each  department  of  the  su- 
perior court  shall  be  and  he  is  hereby  constituted  a  county 
officer  and  shall  receive,  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  tried  in  said  courts,  a 
salary    of   one    thousand    eight    hundred   dollars   per   annum, 


215  COUNTY    GOVERNMENT.  Act  837,  §  Is 

payable  in  equal  monthly  installments,  out  of  the  county 
treasury,  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  other  county  officers;  he  shall  without  further 
compensation  act  as  the  secretary  of  the  judge  of  such  de- 
partment of  the  superior  court;  and  for  transcription  of 
said  notes,  when  required,  they  shall  receive  the  sum  of 
twenty  cents  per  folio  for  the  original  and  five  cents  per 
folio  for  a  copy,  and  also  actual  traveling  expenses,  when 
reporting  outside  of  the  county  seat.  Said  compensation 
for  transcribing  in  criminal  cases,  preliminary  examina- 
tions, and  inquests,  and  traveling  expenses,  to  be  audited 
and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasury;  and 
in  civil  cases,  to  be  paid  by  the  party  ordering  the  same, 
or,  when  ordered  by  the  judge,  by  either  party  or  jointly 
by  both  parties  as  the  court  may  direct.  [Amended  March 
20,   1905;    Stats.    1905,   p.   424.     In   effect   in   sixty    days.] 

Sec.  168.  In  counties  of  the  eleventh  class,  the  county 
and  township  officers  shall  receive,  as  compensation  for  the 
services  required  by  them  by  law,  or  by  virtue  of  their 
office,   the   following  salaries,   to   wit: 

1.  The  county  clerk,  three  thousand  six  hundred  dollars 
per  annum;  and  there  shall  be,  and  there  hereby  is  allowed 
to  the  county  clerk,  two  deputies  who  shall  be  appointed  by 
the  county  clerk  and  shall  each  be  paid  a  salary  of  twelve 
hundred   dollars   per   annum. 

2.  The  sheriff  shall  receive  five  thousand  dollars  per  an- 
num; and  there  shall  be  and  there  hereby  is  allowed  to  the 
sheriff,  one  deputy,  who  shall  be  appointed  by  the  sheriff 
and  shall  be  paid  a  salary  of  one  thousand  five  hundred  dol- 
lars per  annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per 
annum,  and  there  shall  be  and  there  is  hereby  allowed  to 
the  county  recorder  two  deputies  who  shall  be  appointed 
by  the  recorder  and  shall  be  paid  a  salary  of  seven  hun- 
dred and  fifty  dollars   per   annum   each. 

4.  The  auditor  shall  receive  two  thousand  seven  hundred 
dollars    per    annum. 

5.  The  treasurer  shall  receive  two  thousand  four  hundred 
dollars   per   annum. 

6.  The  tax  collector  shall  receive  two  thousand  eight  hun- 
dred   dollars    per    annum. 


Act  8P.7,  §  1CS  COUNTY    GOVE11NMKNT  Rfi 

7.  The  license  collector  shall  receive  ten  per  cent  of  all 
licenses  collected   by   him. 

8.  The  assessor  shall  receive  four  thousand  five  hundrt ■<( 
dollars  per  annum.  He  may  employ  such  assistance  as  may 
In  accessary  in  making  maps,  plats  and  drawings,  essential 
for  use  in  the  assessor's  office  in  the  performance  of  his 
duty  and  the  expense  thereof  shall  be  a  charge  against  tin 
county. 

'.).  The  district  attorney  shall  receive  two  thousand  four 
hundred  dollars  per  annum;  and  there  is  hereby  allowed  to 
the  district  attorney  one  deputy  to  be  appointed  by  hiii 
who  shall  receive  a  salary  of  one  thousand  dollars  per  an- 
num. 

LO.  The  coroner,  shall  receive  such  fees,  as  are  now,  >r 
may  hen  after  be  allowed  by  law. 

11.  The  public  administrator  shall  receive  such  fees  as 
are  now,  or  may   hereafter  be   allowed  by  law. 

1:2.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum;  and  there  shall  be  and  there  is  hereby  allowed 
to  the  superintendent  of  schools,  one  deputy,  who  shall  be 
appointed  by  the  superintendent  of  schools,  and  shall  be 
paid  a  salary  of  seven  hundred  and  fifty  dollars  per  an- 
num. 

13.  The  surveyor  shall  receive  two  thousand  dollars  per 
annum;  and  necessary  traveling  expenses  while  in  the  per- 
formance  of   the   duties   of   his   office. 

14.  Each  supervisors  nine  hundred  dollars  per  annum,  and 
mileage  at  twenty  cents  per  mile,  for  all  distances  traveled 
by  him  as  supervisor  or  as  road  commissioner;  such  mileage 
not  to  exceed,  in  any  one  year,  the  sum  of  seven  hundred 
and  fifty  dollars. 

15.  The  official  shorthand  reporter  shall  receive  two  thou- 
sand dollars  per  annum  for  the  department  of  the  superior 
court  to  which  he  has  been  appointed.  Whenever  one  re- 
porter shall  be  appointed  to,  and  shall  perform  the  duties 
required  of  the  official  shorthand  reporter,  for  more  than 
one  department  of  said  superior  court  he  shall  receive  a 
salary  therefor  of  two  thousand  five  hundred  dollars  p>r 
annum.  In  addition  thereto,  he  shall  receive  for  transcrib- 
ing notes,  the  sum  of  ten  cents  per  folio,  for  the  original, 
and  five  cents  per  folio  for  all  copies  thereof.  Subdivision 
fifteen  hereof,  relating  to  the  salaries  and  fees  of  official 
shorthand   reporters,   shall   take   effect   immediately. 


217  COUNTY     GOVERNMENT  Act  837,  §  168 

16.  In  townships  having  a  population  of  seven  thousand 
or  over,  two  justices  of  the  peace  shall  be  elected,  and  each 
shall  receive  a  salary  of  fifty  dollars  per  month.  In  townships 
having  a  population  less  than  seven  thousand  and  over  four 
thousand  there  shall  be  but  one  justice  of  the  peace  elected 
and  he  shall  receive  a  salary  of  thirty  dollars  per  month.  In 
all  other  townships  there  shall  be  but  one  justice  of  the  peace 
who  shall  receive  a  salary  of  twenty  dollars  per  month.  All 
justices  in  counties  of  this  class  shall,  in  addition  to  the 
salaries  above  provided  for,  receive  and  collect  for  their  own 
use  and  benefit,  in  civil  cases  only,  the  following  fees,  to  wit: 

1.  Each  justice  of  the  peace  shall  be  allowed,  in  civil  ac- 
tions for  all  services  before  trial  or  entry  of  judgment,  by 
default  or  confession,  two  dollars,  and  for  all  additional  ser- 
vices in  such  action,  including  execution  and  satisfaction  of 
judgment,  two  dollars. 

2.  For  the  trial  of  civil  actions  and  all  proceedings  sub- 
sequent thereto,  three  dollars. 

3.  For  certificate  and  transmitting  papers  and  transcript 
on  appeal,  one  dollar. 

4.  For  copies  of  papers  on  docket  per  folio,  ten  cents. 

5.  For  issuing  a  search  warrant,  the  fee  to  be  paid  by  the 
party  demanding  the  same,  one  dollar. 

6.  For  celebrating  a  marriage,  and  returning  a  certificate 
thereof  to  the  county  recorder,  five  dollars. 

7.  For  taking  an  acknowledgment  of  an  instrument,  for  the 
first  name  fifty  cents,  and  for  each  additional  name  twenty- 
five  cents. 

8.  For  administering  an  oath,  and  certifying  the  same,  fifty 
cents. 

9.  For  issuing  a  commission  to  take  testimony,  one  dollar. 

10.  For  all  services  connected  with  the  posting  of  estrays, 
one  dollar. 

11.  For  issuing  each  affidavit,  certificate  process  writ,  order, 
or  paper  required  by  law  to  be  issued,  not  otherwise  herein 
provided  for,  twenty-five  cents. 

13.  For  taking  bail  in  all  proceedings,  pending  before  an- 
other magistrate,  fifty  cents. 

14.  In  townships  having  a  population  of  seven  thousand 
or  over  two  constables  shall  be  elected  and  each  shall  re- 
ceive a  salary  of  forty  dollars  per  month.  In  townships  hav- 
ing a  population  less  than  seven  and  ovei  four  thousand,  tin  re 
shall  be  but  one  constable  elected,  and  ne  shall  receive  a  sal- 


Act  837,  §  168  COUNTY    GOVERNMENT.  218 

niy  of  twenty-five  dollars  per  month.  In  all  other  townships 
there  shall  be  but  one  constable  who  shall  receive  twenty  dol- 
lars per  month. 

All  constables  in  addition  to  the  salaries  above  provided 
for,  shall  receive  and  collect,  for  their  own  use  and  benefit, 
in  civil  cases  only,  the  following  fees,  to  wit: 

1.  For  serving  summons  and  complaint,  for  each  defendant 
served,  fifty  cents. 

2.  For  each  copy  of  summons  made  by  him,  twenty-five 
cents. 

3.  For  levying  wr;t  of  attachment  or  execution,  or  execut- 
ing an  order  of  arrest,  in  a  civil  case  or  for  delivery  of  per- 
sonal propert}r,  two  dollars. 

4.  For  serving  a  writ  of  attachment  or  execution  on  any 
ship,   boat,   or   vessel,   three  dollars. 

5.  For  keeping  personal  property,  such  sum  as  the  court 
may  order;  but  no  more  than  two  dollars  fifty  cents  per  day, 
for  a  keeper,  when  necessarily  employed. 

6.  For  taking  a  bond  or  undertaking,  one  dollar. 

7.  For  copies  of  writs  or  other  papers,  except  summons,  com- 
plaints, and  subpoenas,  per  folio,  fifteen  cents;  provided, 
that  when  correct  copies  are  furnished  him  for  use,  no  charges 
shall  be  made  for  such  copies. 

8.  For  serving  any  writ,  notice  or  order,  except  sum- 
mons, complaint,  or  subpoena,  for  each  person  served,  fifty 
cents. 

9.  For  writing  and  posting  each  notice  of  sale  of  prop- 
erty, fifty  cents. 

10.  For  furnishing  notice  of  publication,  twenty-five  cents. 

11.  For  serving  subpoenas,  each  witness  including  copy, 
fifty   cents. 

12.  For  collecting  money  on  execution  two  and  one-half 
per   ceut. 

13.  For   executing   and   delivering  certificate   of    sale,    fifty 

14.  For  executing  and  delivering  constable's  deed,  two  dol- 
lars and  fifty  cents. 

15.  For  each  mile  actually  traveled  within  his  county,  in 
the  service  of  any  civil  writ,  order,  or  paper,  in  going  only, 
per  mile,  twenty-five  cents.  No  constructive  mileage  shall  be 
allowed. 

16.  For  each  mile  necessarily  traveled  within  his  county, 
in  executing  a  warrant  of  arrest,  both  in  going  to  and  re- 
turning from  the  place  of  arrest,  fifteen  cents;  and  the  ac- 
tual  cost   of   the   transportation   of   the   prisoner   or   prisoners 


■1\5  COUNTY    GOVERNMENT.  Act  837,  §  ltia 

from  the  place  of  arrest  to  the  justice  court,  and  the  neces- 
sary expense  of  assistance;  provided,  that  for  traveling  in 
performance  of  two  or  more  official  services  at  the  same 
time,  including  the  service  of  criminal  process,  but  one  mileage 
shall  be  charged. 

17.  For  each  mile  necessarily  traveled  outside  his  county 
in  executing  a  warrant  of  arrest,  both  in  going  to  and  re- 
turning from  the  place  of  arrest,  fifteen  cents. 

18.  For  transporting  prisoners  to  the  county  jail,  from  the 
justice's  court  or  from  the  county  jail  to  the  justice's  court, 
the  actual  cost  of  transportation  and  assurance,  and  mileage 
at  twenty-five  cents  per  mile,  one  way.  In  conveying  two  or 
more  prisoners,  but  one  milegage  shall  be  charged. 

19.  For  each  day  in  which  the  constable  is  charged  with 
the  custody  of  a  prisoner  or  prisoners,  two  dollars  fifty  cents, 
and  for  necessary  expense  of  maintenance  and  assistance  in 
keeping   said  prisoners. 

20.  For  summoning  a  jury  in  a  civil  case,  twenty-five  cents 
for  each  of  the  persons  so  summoned,  and  mileage  at  the  rate 
of  twenty-five  cents  per  mile,  going  only. 

21.  For  attending  court  during  the  trial  of  a  civil  cause,  per 
day,  three  dollars. 

22.  For  making  sales  of  estrays  in  civil  cases,  the  same  fees 
as  for  sales  on  execution. 

23.  For  serving  writ  of  possession  or  restitution,  putting 
a  person  in  possession  of  the  premises,  and  removing  the  occu- 
pants therefrom  three  dollars  per  day,  and  mileage  at  twenty- 
five  cents  per  mile,  going  only. 

24.  The  mileage  provided  for  herein  shall  be  computed  for 
the  shortest  practicable  traveled  route  between  the  two  points 
for  which  mileage  is  claimed. 

17.  All  salaries  provided  for  in  this  act  shall  be  paid  out 
of  the  treasury  of  the  county  in  monthly  installments,  and 
all  fees  shall  be  paid  from  the  county  treasury  as  other  bills 
against  the  county  are  paid. 

See.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed.  [Amendment  approved  March  20,  1905; 
Stats.  1905,  p.  524.  In  effect  in  part  immediately  and  in  part 
in  sixty  days.] 

Section  169.  In  counties  of  the  twelfth  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  required 
of  them  by  law  or  by  virtue  of  their  offices,  the  following 
salaries,   to   wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and 
when  a  great  register  of  voters  is  ordered  he  shall  receive  five 
hundred  dollars  additional,  which  shall  be  in  full  for  all  ser- 


Act  837,  §  16&  COUNTY    GOVERNMENT.  22C 

vices  rendered  in  registering  voters  and  making  the  great 
t  or. 

2.  The  sheriff,  fonr  thousand  five  hundred  dollars  per  an- 
num, and  the  fees  or  commissions  for  the  service  of  all  papers 
whatsoever  issued  by  any  court  outside  of  his  county.  He 
shall  appoint  a  jailer  to  take  charge  of  the  brauch  county 
jail,  at  a  salary  of  six  hundred  dollars  per  annum,  to  be  paid 
by  the  county. 

;;.  The  recorder,  twenty-two  hundred  and  fifty  dollars  per 
annum. 

4.  The  auditor,  eighteen  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum. 

(i.  The  tax  collector,  (fifteen  hundred)  three  thousand  dol 
lars  per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The   district    attorney,    two    thousand    dollars    per    annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  five  hundred  dollars  per  an- 
num. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
pel  annum,  and  his  actual  traveling  expenses  while  visiting 
schools. 

12.  The  surveyor  shall  receive  seven  dollars  per  diem  for 
each  da\  actually  employed  in  the  performance  of  his  duties 
as  a  county  officer,  and  in  addition  thereto  all  necessary  ex 
penses,  such  as  transportation  and  pay  of  help  which  may  be 
necessary   for  the  performance  of  county  duties. 

13.  Justices  of  the  peace,  the  following  monthly  salaries, 
to  be  paid  each  month  as  the  salaries  of  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases.  In  townships  having  a  population  of  six 
thousand  or  more,  one  hundred  dollars  per  month;  in  town 
ships  having  a  population  of  two  thousaud  four  hundred 
and  less  than  six  thousand,  seventy-five  dollars;  in  town- 
ships having  a  population  of  two  thousand  and  less  than 
two  thousand  four  hundred,  sixty-five  dollars;  in  townships 
having  a  population  of  one  thousand  five  hundred  and  less 
than  two  thousand,  fifty-five  dollars;  in  townships  having 
a  population  of  one  thousand  and  less  than  one  thousand 
five  hundred,  thirty  dollars;  in  townships  having  a  popula- 
tion of  eight   hundred   and   less   than  one   thousand,   twenty 


ffifiB  COUNTY  GOVERNMENT.  Act  837,  §  1«0 

dollars;  in  townships  having  a  population  of  five  hundred 
and  less  than  eight  hundred,  fifteen  dollars;  in  townships 
having  a  population  of  less  than  five  hundred,  ten  dollars. 
Kach  justice  must  pay  into  the  county  treasury  once  a 
month,  all  fines  collected  by  him.  In  addition  to  the 
monthly  salary  allowed  herein,  each  justice  may  receive  for 
his  own  use  such  fees  as  now  or  hereafter  may  be  allowed 
by  law  for  all   services   performed  by  him   in   civil  actions. 

14.  Constables,  the  following  salaries  which  shall  be  paid 
monthly  as  salaries  of  county  officers  are  paid,  and  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal 
cases,  to  wit:  In  townships  having  a  population  of  two 
thousand  one  hundred  and  more,  one  hundred  dollars;  in 
townships  having  a  population  of  one  thousand  five  hundred 
and  less  than  two  thousand  five  hundred,  eighty  dollars;  in 
townships  having  a  population  of  one  thousand  and  less 
than  one  thousand  five  hundred,  fifty  dollars;  in  townships 
having  a  population  of  eight  hundred  and  less  than  one 
thousand,  thirty  dollars;  in  townships  having  a  population 
of  five  hundred  and  less  than  eight  hundred,  fifteen  dollars; 
in  townships  having  a  population  less  than  five  hundred, 
ten  dollars.  In  addition  to  the  monthly  salary  allowed 
herein,  each  constable  may  receive  and  retain  for  his  own 
use  such  fees  as  are  now  or  hereafter  may  be  allowed  by 
law  for  all  services  performed  by  him  in  ciyil  actions.  For 
the  purposes  of  this  act  the  basis  of  calculation  for  fixing 
the  compensation  of  the  justices  and  constables  above  men- 
tioned, the  population  of  the  different  townships  of  the 
county  shall  always  be  based  upon  the  figures  as  shown  by 
the  last  United  States  census;  provided,  however,  that  when- 
ever the  census  of  any  township  or  townships  shall  have 
been  taken  under  the  provisions  of  this  act,  said  census 
may  become  the  basis  of  calculation. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred 
dollars  for  all  services  rendered  and  including  mileage; 
provided,  that  when  required  to  go  on  business  to  any  point 
outside  of  said  county  they  shall  be  allowed  actual  neces- 
sary expenses. 

16.  The  official  court  reporter  for  all  services  required  of 
him  in  the  superior  court,  excepting  for  transcribing  his 
notes,  a  salary  of  one  thousand  five  hundred  dollars  p<  r 
annum,  to   be   paid   by   the   county   monthly   as   the   salaries 


Act  837,  §  170  COlNTY    GOVERNMENT.  226d 

than  four  thousand  five  hundred  and  more  than  two  thousand 
five  hundred  shall  belong  to  and  be  known  a*  township*  of 
the  third  class;  townships  containing  a  population  of  less 
tin n  two  thousand  five  hundred  and  more  than  one  thousand, 
shall  belong  to  and  be  known  as  townships  of  the  fourth 
class;  townships  containing  a  population  of  less  than  one 
thousand  and  more  than  eight  hundred  shall  belong  to  and 
be  known  as  townships  of  the  fifth  class;  townships  contain- 
ing a  population  of  less  than  eight  hundred  shall  belong  to 
and  be  known  as  townships  of  the  sixth  class.  The  popula- 
tion of  the  several  judicial  townships  shall  be  determined  for 
the  purpose  of  this  and  the  succeeding  section,  by  multiply- 
ing by  five  the  total  vote  cast  in  such  townships  for  governor 
at  the  last  general  election  held  November  fourth,  ninete<  n 
hundred  and  two,  as  indicated  by  the  official  election  re- 
turns of  said  election. 

15.  Justices  of  the  peace  shall  receive  the  following  tees 
and  salaries,  which  shall  be  paid  monthly  in  the  same  man- 
ner as  the  salaries  of  the  county  officers  are  paid,  out  of  the 
general  fund  of  the  county,  which  shall  be  in  full  I 
services  rendered  by  them  in  criminal  cases;  provided,  how- 
ever, that  if  two  justices  of  the  peace  shall  be  elected  and 
qualify  in  any  one  township,  then  the  said  justices  shall 
each  receive  one  half  of  the  salary  therein  provided  for,  to 
wit: 

In  townships  of  the  first  class,  seventy-five  dollars  per 
month;  in  townships  of  the  second  class,  fifty  dollars  per 
month;  in  townships  of  the  third  class,  twenty -five  dollars 
per  month;, in  townships  of  the  fourth  class,  fifteen  dollars 
per  month;  in  townships  of  the  fifth  class,  five  dollars  per 
month;  in  townships  of  the  sixth  class,  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law. 

Each  justice  must  pay  into  the  county  treasurer  once  a 
month  all  fines  collected  by  him.  In  addition  to  the  monthly 
salaries  herein  allowed,  each  justice  may  receive  and  retain 
for  his  own  use,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  services  rendered  by  him  in  civil  cases; 
justices  of  the  peace  of  the  first  and  second  classes  shad  be 
allowed  their  actual  office  rent,  not  to  exceed  the  sum  of 
fifteen  dollars  each,  for  any  one  month. 

Constables  shall  receive  the  following  fees  and  salaries 
which  shall  be  paid  monthly  in  the  same  mania  r  as  the  sal- 
aries of  the  county  officers  are  paid  out  of  the  general  fund 
of  the  county,  and  which  shall  be  in  full  for  all  services  ren- 
dered by  them  in  criminal  cases,  to  wit: 


221  COUNTY    GOVERNMENT.  Act  837,  §  170 

In  townships  of  the  first  class,  thirty  dollars  per  month;  in 
townships  of  the  second  class,  thirty  dollars  per  month;  in 
townships  of  the  third  class,  twenty  dollars  per  month;  in 
townships  of  the  fourth  class,  fifteen  dollars  per  month;  in 
townships  of  the  fifth  class,  five  dollars  per  month;  in  town- 
ships of  the  sixth  class,  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law;  provided,  that  in  addition  to  the 
salary  herein  allowed,  each  constable  shall  be  paid  out  of 
the  treasury  of  the  county  for  traveling  expenses  outside  of 
his  own  township,  for  the  service  of  a  warrant  of  arrest 
or  any  other  process  in  a  criminal  case  (where  such  service 
is  in  fact  made)  both  going  and  returning  ten  cents  per 
mile;  for  each  mile  traveled  out  of  his  county,  both  going 
to  and  returning  from  the  place  of  arrest  or  other  service 
of  process,  five  cents  per  mile;  for  transporting  prisoners 
to  the  county  jail,  a  constable  shall  be  allowed  his  actual 
expenses  each  way.  In  addition  to  the  monthly  salary  al- 
lowed him  herein,  each  constable  shall  receive  for  his  own 
use,  in  civil  cases,  the  fees  which  are  now  or  may  hereafter 
be  allowed  by  law. 

The  compensations  herein  provided  for  justices  of  the 
peace  and  constables  shall  take  effect  and  be  in  force  on 
and  after  the  first  Monday  in  April,  nineteen  hundred  and 
three. 

16.  The  official  reporter  of  the  superior  court  shall  receive 
the  fees  allowed  by  law. 

17.  The  compensation  allowed  each  officer  above  enumer- 
ated shall  be  in  full  for  all  services,  and  include  the 
pay  of  all  deputies  (except  in  the  case  of  the  district  attor- 
ney wh  rein  one  deputy  is  provided  for  within  the  discretion 
of  the  board  of  supervisors)  except  as  provided  in  section 
two  hundred  and  fifteen  of  the  county  government  act,  ap- 
proved eighteen  hundred  and  ninety-seven,  wherein  it  pro- 
vides certain  fees  and  commissions  for  the  assessor  and  li- 
cense collector. 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  in  so  far  as  they  are  inconsistent  are  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
the  first  Monday  in  January,  A.  D.  1907,  unless  herein  other- 
wise provided.  [Amended  March  20,  1905;  Stats,  ^jo,  p. 
017.  J 


Act  837,  §  171  COT-NTT    GOVERNMENT.  222 

Sec.  171.  In  counties  of  the  fourteenth  class  the  county 
and  township  officers  shall  receive  as  compensation  for 
the  services  required  of  them  by  law  or  by  virtue  of  their 
offices  the  following  salaries  and  fees,  to  wit: 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars 
per  annum.  In  counties  of  this  class  there  shall  be  and  there 
is  hereby  allowed  to  the  county  clerk  for  his  own  use  and 
to  be  paid  out  of  the  county  treasury  monthly  in  the  same 
manner  as  salaries  of  ether  county  officers  are  paid,  the  sum 
of  five  cents  for  the  name  of  each  defendant  entered  in  the 
index  labeled  "general  index-defendants"  as  provided  in 
subdivision  four  of  section  four  thousand  two  hundred  four 
of  the  Political  Code  and  in  subdivision  four  of  sections  one 
hundred  seven  of  an  act  entitled  "An  act  to  establish  a  uni- 
form system  of  county  and  township  governments"  ap- 
proved April  first,  one  thousand  eight  hundred  ninety-seven, 
as  amended  March  twenty-third,  one  thousand  nine  hundred 
one;  and  the  further  sum  of  five  cents  for  each  document 
recorded  by  said  county  clerk  under  the  provisions  of  section 
one  thousand  three  hundred  eighty-seven  of  the  Code  of  Civil 
Procedure;  and  the  further  sum  of  five  cents  for  each  name 
contained  in  the  index  of  registration  books,  to  be  prepared 
by  said  clerk,  under  the  provisions  of  section  one  thousand 
one  hundred  fifteen  of  the  Political  Code  of  the  State  of  Cali- 
fornia. 

2.  The  sheriff,  four  thousand  dollars  per  annum.  The 
sheriff  shall  also  receive  for  his  own  use  and  benefit  all  fees, 
commissions  and  mileage  for  service  of  any  papers  issued  by 
any  court  outside  of  his  county. 

3.  The  recorder,  two  thousand  one  hundred  dollars  per 
annum. 

4.  The  auditor,  two  thousand  two  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum. 

6.  The  tax  collector  and  license  collector,  two  thousand 
two  hundred  dollars  per  annum. 

7.  The   assessor,   three   thousand   dollars  per  annum. 

8.  The  district  attorney,  two  thousand  seven  hundred  dol- 
lars per  annum,  and  his  traveling,  office  and  other  expenses 


223  COUNTY  GOVERNMENT.  Act  837.  §  171 

in  criminal  matters  and  eases,  and  in  civil  actions,  proceed- 
ings and  all  other  matters  in  which  the  county  is  interested 
incurred  by  him  in  the  performance  of  his  duties;  and  all 
the  expenses  incurred  by  him  in  the  detection  of  crime  and 
prosecution  of  criminal  cases  and  in  civil  actions  and  pro- 
ceedings and  all  other  matters  in  which  the  county  is  in- 
terested. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed   by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools  two  thousand  one  hun- 
dred dollars  per  annum  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Each  member  of  the  board  of  supervisors,  six  hundred 
dollars  per  annum  and  ten  cents  per  mile  mileage  in  travel- 
ing to  and  from  his  residence  to  the  co  .nty  seat;  and  for 
his  services  as  road  commissioner  he  shall  receive  twenty 
cents  per  mile  for  all  distances  actually  traveled  by  him  in 
the  performance  of  his  duties  within  the  county;  provided 
he  shall  not  in  any  one  year  receive  more  than  six  hundred 
dollars  as  such  road  commissioner. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law,  and  in  addition  thereto  they  shall  receive 
three  dollars  per  day  for  attending  court  when  required  to 
do  so  during  the  &■  ^ial  trial  of  the  issues  o±  fact  of  a  case, 
or  during  the  examination  of  a  criminal  charge  before  a 
magistrate  while  the  evidence  is  being  taken  and  not  other- 
wise; provided,  that  no  more  than  three  dollars  shall  be 
charged  or  received  for  any  one  day,  and  provided  further 
that  when  the  constable  is  required  to  attend  upon  the  trial 
of  more  than  one  civil  case  on  the  same  day  his  fees  for  at- 
tendance shall  be  equally  apportioned  to  the  several  cases. 
Constables  may  also,  by  first  obtaining  an  order  o-  cue  dis- 
trict attorney  of  this  c  unty,  or  of  a  superior  judge  of  this 
state,    employ    a    temporary    guard    for    the    safekeeping    or 


Act  887,  5  172  COUNTY    GOVERNMENT. 


324 


(ion  of  prisoners  when  necessary,  and  shall  be  entitled 
to  collect  the  actual,  reasonable  cost  thereof  as  a  county 
i-harge. 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  with  this 
arc  hereby  repealed.  [Amendment  approved  March  21, 
L905;    Stats.   1905,   p.   670.     In  effect  in  sixty  days.] 

Sec.  172.  In  counties  of  the  fifteenth  class  the  county 
and  township  officers  shall  receive  as  compensation  for  the 
services  required  of  them  by  law  or  by  virtue  of  their  offices, 
the   following   salaries,   to   wit: 

1.  The  county  clerk,  thirty-two  hundred  and  fifty  dollars 
per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum;  and  such 
mile  age  as  is  now  allowed  by  law  and  also  all  fees  for  service 
of  papers  in  actions  arising  outside  of  his  couuty. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum,  and 
four  and  one-half  cents  per  folio  for  every  instrument  of  any 
character  transcribed  by  him  or  his  deputies,  which  said 
amount  shalll  be  paid  out  of  the  county  treasury,  and  which 
payment  shall  be  in  full  for  all  services,  including  indexing. 

4.  The  auditor,  two  thousand  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  superior  judge,  three  thousand  five  hundred  dol- 
lars per  annum. 

8.  The  assessor,  thir'y-five  hundred  dollars  per  annua!: 
provided,  that  in  counties  of  this  class  there  shall  be  seven 
field  deputy  assessors,  w'      shall  be  appointed  by  the  as 

of  said  county,  and  who  shall  hold  office  from  twelve  o'clock 
meridian  from  the  first  Monday  in  March  of  each  year  up 
to  twelve  o'clock  meridian  of  the  first  Monday  of  July  of 
each  year;  the  salaries  of  each  of  said  seven  deputy  asses- 
sors herein  provided  for  is  fixed  at  the  sum  of  one  hundred 
dollars  per  month,  to  include  horse  hire  and  travel ii 
penses  for  each  month  during  which  they  hold  office  as  here- 
in provided,  which  said  salaries  shall  be  paid  by  said  county 
at   the   same   time   and   iw   the  same    manner  and   out  of   the 


225  COUNTY    GOVERNMENT.  Act  837,  §  172 

same   fund   as   the   salary   of   the  assessor;    provided,   that   all 
commissioners  shall  be  paid  into  the  county  treasury. 

9.  The  district  attorney,  twenty-five  hundred  dollars  per 
.innum. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

12.  The  superintendent  of  schools,  twenty-two  hundred 
and  fifty  dollars  per  annum,  and  actual  traveling  expenses 
when  visiting  the  schools  of  the  county,  and  keep  his  office 
open  on   all  business   days. 

13.  The  surveyor,  eight  dollars  per  day  while  actually 
employed   by   the   county. 

14.  Justices  of  the  peace  shall  receive  the  following  month- 
ly salaries,  to  be  paid  each  month  and  in  the  same  manner 
and  out  of  the  same  fund  as  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  criminal 
cases  in  townships  having  a  population  of  more  than  eight 
thousand,  seventy-five  dollars  per  month;  in  townships  hav- 
ing a  population  of  less  than  eight  thousand  and  more  than 
five  thousand,  fifty  dollars  per  month;  in  townships  having  a 
population  of  less  than  five  thousand  and  more  than  two 
thousand,  twenty-five  dollars  per  month;  in  townships  hav- 
ing a  population  of  less  than  two  thousand,  ten  dollars  per 
month.  In  addition  to  the  compensation  received  in  crimi- 
nal cases,  each  justice  of  the  peace  shall  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law  for  all  services  performed  by  him  in  civil 
actions. 

15.  Constables  shall  receive  the  following  monthly  sala- 
ries to  be  paid  each  month  and  in  the  same  manner  and  out 
of  the  same  fund  as  county  officers  are  paid,  which  shall  be 
in  full  for  all  services  rendered  by  them  in  criminal  cases, 
in  townships  having  a  population  of  more  than  eight  thou- 
sand, seventy-five  dollars  per  month;  in  townships  having  d 
population  of  less  than  eight  thousand  and  more  than  fiv^ 
thousand,   fifty   dollars   per   month;    in   townships   having    a 

Gen.  Laws — 15 


Act  S37,  §  173  COUNTY    GOVERNMENT.  22G 

population  of  less  than  five  thousand  and  more  than  two 
thousand,  twenty-five  dollars  per  month;  in  townships  haviig 
a  population  of  less  than  two  thousand,  ten  dollars  per 
month;  provided,  that  each  constable  shall  receive  his  actual 
and  necessary  expenses  incurred  in  conveying  prisoners  to 
the  county  jail.  In  addition  to  the  compensation  received 
in  criminal  cases,  each  constable  shall  receive  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law  for  all  services  performed  by  him  in  civil 
action. 

16.  Supervisors,  five  hundred  dollars  each  per  annum,  and 
TTiileage  at  the  rate  of  ten  cents  per  mile  in  going  to  and 
coming  from  the  place  of  meeting  of  the  board,  not  more 
than  four  board  meetings  per  month;  and  as  road  commis- 
sioner, four  dollars  per  day,  not  to  exceed  four  hundred  dol- 
lars   per   year   in    the    aggregate. 

17.  For  the  purposes  of  subdivisions  14  and  15  of  this  sec- 
tion, the  population  of  the  several  judicial  townships  shall 
be  ascertained  by  the  board  of  supervisors  by  multiplying 
by  five  the  vote  for  presidential  electors  cast  in  each  town- 
ship at  the  next  preceding  election.  [Amendment  approved 
March  20,  1905;  Stats.  1905,  p.  430.     In  effect  in  sixty  days.] 

Sec.  173.  In  counties  of  the  sixteenth  class  the  county 
and  township  officers  shall  receive,  as  compensation  for  the 
services  required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum.  Th-j 
sheriff  shall  also  receive,  in  all  civil  cases,  for  his  own  use 
and  benefit,  the  fees,  commissions  and-  mileage,  which  are 
now  or  which  may  hereafter  be  allowed  by  law,  and  the  fees 
or  commissions  for  the  service  of  all  papers  whatsoever  is- 
sued by   any   court  of  the  state   outside   of  his  county. 

3.  The   recorder,  twenty-nine   hundred   dollars  per   annum. 

4.  The   auditor,    twenty-four    hundred    dollars    per    annum. 

5.  The   treasurer,   eighteen   hundred   dollars   per   annum. 

6.  The   tax   collector,   fifteen   hundred    dollars   per   annum. 


;_7  COUNTY  GOVERNMENT.  Act  837,  §  173 

7.  The   assessor,   four   thousand   dollars    per   annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  an- 
num; provided,  that  he  shall  have  power  to  appoint  one  as- 
sistant district  attorney  at  a  salary  of  one  thousand  dollars 
per  annum,  payable  in  the  same  manner  as  that  of  other 
county   officers. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be    hereafter    allowed    by    law. 

11.  The  superintendent  of  schools,  eighteen  hundred  per 
annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county,  but  he  shall  receive  no  extra  compen- 
sation for  his  services  on  the  board  of  education. 

12.  The  surveyor  shall  receive  one  thousand  three  hundred 
dollars  per  annum  for  all  work  performed  for  the  county  and 
)a  addition  thereto  actual  traveling  and  other  necessary 
expenses  incurred  in  connection  with  field  work;  provided, 
that  whenever  the  surveyor  is  directed  by  the  assessor  to 
plat,  trace  or  otherwise  prepare  maps,  plats,  be  allowed  only 
the  actual  cost  of  preparing  the  same. 

13.  The  justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  salaries  of  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases  and  all  other  criminal 
matters:  In  townships  having  a  population  of  five  thousand 
or  more,  sixty-five  dollars  per  month;  in  townships  having  a 
population  of  twenty-five  hundred  and  less  than  five  thou- 
sand, fifty  dollars  per  month;  in  townships  having  a  popula- 
tion of  fifteen  hundred  and  less  than  tweaty-five  hundred, 
forty  dollars  per  month;  in  townships  having  a  population 
of  one  thousand  and  less  than  fifteen  hundred,  thirty  dollars 
per  month;  in  townships  having  a  population  of  seven  hun- 
dred and  less  than  one  thbusand,  twenty  dollars  per  month; 
in  townships  having  a  population  less  than  seven  hundred, 
fifteen  dollars  per  month.  Each  justice  must  pay  into  the 
county  treasury,  once  a  month,  all  fines  collected  by  him. 
In  addition  to  the  monthly  salary  allowed  herein,  each  jus- 


Act  S.37,  §  173  COUNTY    GOVERNMENT.  22S 

tice  may  receive  for  his  own  use  such  fees  as  are  now,  or 
may  be  hereafter  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions.  There  shall  be  one  justice  of  the 
peace   for  each  of   said  townships   and  no   more. 

14.  Constables  shall  receive  the  following  salaries,  to  be 
paid  eacli  mouth  as  salaries  of  the  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases  and  all  other  criminal  matters:  In  townships 
having  a  population  of  five  thousand  or  more,  fifty  dollars 
per  month;  in  townships  having  a  population  of  twenty-five 
hundred  and  less  than  five  thousand,  forty  dollars  per  month; 
in  townships  having  a  population  of  fifteen  hundn  "•  and 
less  than  twenty-five  hundred,  thirty  dollars-  per  month;  iu 
townships  having  a  population  of  one  thousand  and  less  than 
fifteen  hundred,  twenty-five  dollars  per  month;  in  townships 
having  a  population  of  seven  hundred  and  less  than  one 
thousand,  twenty  dollars  per  month;  in  townships  having  a 
population  less  than  seven  hundred,  fifteen  dollars  per 
month;  provided,  that  in  addition  to  the  salary  herein  al- 
lowed, each  constable  shall  be  paid  out  of  the  treasury  i1-" 
the  county  for  traveling  expenses  outside  of  his  own  town- 
ship, for  the  service  of  a  warrant  of  arrest,  or  any  other 
process  in  a  criminal  case  or  other  criminal  matter  (when 
such  service  is,  in  fact,  made)  both  going  and  returning,  ttn 
cents  per  mile;  for  each  mile  traveled  out  of  his  county,  both 
going  to  and  returning  from  the  place  of  arrest  or  othc 
service  of  process,  five  cents  per  mile;  for  transporting  pris- 
oners to  the  county  jail,  ten  cents  a  mile  each  way.  In  ad- 
dition to  the  monthly  salary  allowed  him  herein  each  con- 
stable may  receive  for  his  own  use  in  civil  cases  the  fees 
which   are   now  or  may   hereafter  be   allowed   by   law. 

15.  The  supervisors,  each  the  sum  of  five  dollars  per  day 
for  actual  service,  (but  not  to  exceed  six  hundred  dollars 
per  annum),  and  twenty  cents  per  mile  for  all  distance 
actually  traveled,  not  to  exceed  trwo  hundred  dollars  p( >s 
annum,  in  the  performance  of  duties' as  road  commissioner, 
together  with  mileage  at  the  rate  of  twenty  cents  per  mile, 
in  going  only,  from  place  of  residence  to  the  county  seat, 
at   each   session   of   the   board. 


;•  3  COUNTY    GOVERNMENT.  Act  837,  §  Hi 

16.  For  the  purposes  of  subdivisions  thirteen  and  fourteen 
of  this  section,  the  population  of  the  several  judicial  town- 
ships shall  be  ascertained  and  determined  by  the  board  of 
supervisors,  by  multiplying  by  five  the  vote  for  presidential 
electors  cast  in  each  township  at  the  next  preceding  elec- 
tion. [Amendment  approved  March  20,  1905;  Stats.  1905, 
p.    485.     In    effect   January   1,    1907.] 

Sec.  174.  In  counties  of  the  seventeenth  class  the 
county  officers  shall  receive  as  compensation  for  the  s<  r- 
viccs  required  of  them  by  law  or  by  virtue  of  their  offices, 
the    following   salaries,    to    wit: 

1.  The  county  clerk,  twenty-five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  county  clerk  the  follow- 
ing deputies,  who  shall  be  appointed  by  the  county  clerk 
and  shall  be  paid  salaries  as  follows:  One  chief  deputy,  at 
a  salary  of  one  hundred  dollars  per  month;  one  courtroom 
«1(  rk,  at  a  salary  of  one  hundred  dollars  per  month.  The 
salaries  of  the  chief  deputy  anel  courtroom  clerk  herein 
provided  for  shall  be  paid  by  said  county  in  monthly  in- 
stallments, at  the  same  time  and  in  the  same  manner  ami 
out  of  the  same  fund  as  the  salary  of  the  county  clerk  is 
paid. 

2.  The   sheriff,   six   thousand   dollars   per   annum. 

3.  The  recorder,  twenty-eight  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and  is 
hereby  allowed  to  the  recorder  a  deputy,  who  shall  be  ap- 
pointed by  the  said  recorder,  and  who  shall  be  paid  the 
following  salary,  to  wit:  ninety  dollars  per  month,  said 
salary  to  be  paid  by  said  county  in  monthly  installments, 
;  .  the  same  time  and  in  the  same  manner  and  out  of  the 
same    fund   as   the    salary    of    the   recorder   is    paid. 

4.  The  auditor,  twenty-two  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  county  auditor  one  deputy,  who 
shall  be  appointed  by  the  county  auditor  and  paid  a  salary 
of  ninety  dollars  per  month,  said  salary  to  be  paid  by  said 
county  in  monthly  installments,  at  the  same  time  and  in  the 


Act  827,   §171  COUNTY     GOVERNMENT.  230 

same  manner  and  out  of  the  same  fund  as  the  salary  of  the 
county   auditor    is   paid. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and 
is  hereby  allowed  to  the  assessor  two  deputies,  for  a  period 
of  four  months  during  each  fiscal  year,  who  shall  be  ap- 
pointed by  said  assessor,  and  be  paid  a  salary  of  seventy- 
five  dollars  per  month,  said  salary  to  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  as- 
sessor is  paid. 

8.  The  district  attorney,  two  thousand  five  hundred  dol- 
lars per  annum; provided,  that  in  counties  of  this  class  there 
shall  be  and  is  hereby  allowed  to  the  district  attorney  a 
deputy,  who  shall  be  appointed  by  said  district  attorney, 
and  who  shall  be  paid  the  following  salary,  to  wit:  Fifty 
dollars  per  month,  said  salary  to  be  paid  by  said  county 
in  monthly  installments,  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  dis- 
trict attorney  is  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools    of    his    county. 

12.  The  county  surveyor  shall  receive  twelve  hundred  dol- 
lars per  annum  and  necessary  costs  of  transportation  to  and 
from,  and  necessary  expense  in  the  field  while  engaged  on 
public  work. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law;  provided,  that  in  townships 
having  a  population  of  over  six  thousand,  as  shown  by  tin 
United  States  census  of  nineteen  hundred,  in  lieu  of  fees 
in   criminal  cases,   and  in  full  compensation   for  all   services 


-31  COUNTY    GOVERNMENT.  A<St  837,  §  174 

rendered  in  criminal  cases,  justices  of  the  peace  shall  re- 
ceive a  salary  of  ninety  dollars  per  month,  payable  at  the 
same  time  and  in  the  same  manner  as  the  salary  of  other 
county  officers. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  in  townships  having  a  popula- 
tion of  over  six  thousand,  as  shown  by  the  United  States 
census  of  nineteen  hundred,  in  lieu  of  fees  in  criminal  cases 
and  in  full  compensation  of  all  services  rendered  in  criminal 
cases,  constables  shall  receive  a  salary  of  seventy-five  dol- 
lars per  month,  payable  at  the  same  time  and  in  the  same 
manner  as  salaries  of  other  county  officers;  provided  further, 
that  in  addition  to  the  monthly  salary  herein  allowed,  con- 
stables of  townships  of  over  six  thousand  inhabitants  shall 
also  be  allowed  all  necessary  expense  actually  incurred  out- 
aide  of  their  townships,  in  pursuing  and  conveying  prisoners 
to  court  or  to  prison,  and  said  expense  shall  be  audited  and 
allowed  by  board  of  supervisors  and  paid  out  of  the  county 
treasury. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to 
the  county  seat;  and  as  road  commissioner,  four  dollars  per 
day,  not  to  exceed  two  hundred  dollars  per  annum  in  the 
aggregate. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  tried  in  said  court,  a 
monthly  salary  of  one  hundred  and  twenty-five  dollars,  pay- 
able out  of  the  county  treasury  at  the  same  time  and  in  thr 
same  manner  as  the  salaries  of  county  officers;  and  for  the 
transcription  of  said  notes,  when  required,  he  shall  receive 
the  sum  of  ten  cents  per  folio  for  the  original  and  five 
cents  per  folio  for  a  copy;  said  compensation  for  transcrip- 
tion in  criminal  cases  to  be  audited  and  allowed  by  the 
board  of  supervisors  as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury,  and  in  civil  eases  to  be 
paid  by  the  party  ordering  the  same,  or,  when  ordered  by 
the   judge,  by   either   party,   or   jointly   by   both  parties,   as 


Act  837,  §  175  COUNTY   GOVERNMENT.  232 

the  court  may  direct.  [Amendment  approved  March  20, 
1905;  Stats.  1905,  p.  313.     In  effect  in  sixty  days.] 

Sec.  175.  In  counties  of  the  eighteenth  class,  the 
county  officers  shall  receive  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  oflice 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  six  thousand  five  hundred  dollars  per  an- 
num,  and  mileage  for  the  service  of  any  and  all  processes 
required  by  law  to  be  served  by  him  at  the  rate  of  ten  cents 
per  mile  for  every  mile  necessarily  traveled  in  the  perform- 
ance of  such  duty. 

~  3.  The  recorder,  two  thousand  dollars  per  annum,  and  six 
cents  per  folio  for  every  instrument  of  any  character  tran- 
scribed by  him  or  his  deputies,  which  said  amount  shall  be 
paid  by  the  county  treasurer  out  of  the  county  treasury. 

4.  The  auditor,  three  thousand  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  thousand  six  hundred  dollars 
per  annum;  provided,  that  as  such  tax  collector  or  as  ex 
officio  license  collector  he  shall  not  have  or  receive  any 
compensation  for  or  percentage  upon  the  collection  of  any 
license. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  eight  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county,  and  one  deputy  at  a 
salary  of  one  thousand  two  hundred  dollars  per  annum. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  hereaftef 
be  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries  to  be  paid  each  mouth  as  salaries  of  county 


233  COUNTY  GOVERNMENT.  Act  837,  §  173 

officers  are  paid,  which  shall  be  in  full  compensation  for  all 
services  rendered   as  hereinafter  provided: 

In  townships  having  a  population  of  three  thousand  or 
more,  eighty-five  dollars  per  month,  which  said  salary  shall 
be  in  full  compensation  for  all  services '  rendered  by  said 
justices  of  the  peace  in  both  civil  and  criminal  cases,  and 
all  such  fees  as  are  allowed  by  law  in  civil  cases  shall  be 
paid  by  said  justices  of  the  peace  into  the  county  treasury, 
as  the  fees  of  county  officers  are  paid  in. 

In  townships  having  a  population  of  not  less  than  two 
thousand  and  under  three  thousand,  thirty  dollars  per  month, 
which  shall  be  in  full  compensation  for  all  services  rendered 
in  criminal  cases.  In  addition  to  the  above  salary  each  jus- 
tice of  the  peace  shall  collect  and  retain  for  his  own  use 
and  benefit  in  civil  cases,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

In  townships  having  a  population  of  not  less  than  one 
thousand  and  under  two  thousand,  twenty  dollars  per  month, 
which  shall  be  in  full  compensation  for  all  services  rendered 
in  criminal  cases.  In  addition  to  the  above  salary  each 
justice  of  the  peace  shall  collect  and  retain  for  his  own 
use  and  benefit  in  civil  cases,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

In  townships  having  a  population  of  less  than  one  thou- 
sand, fifteen  dollars  per  month,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  in  criminal  cases.  In 
addition  to  the  above  salary  each,  justice  of  the  peace  shall 
collect  and  retain  for  his  own  use  and  benefit  in  civil  cases, 
such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 
14.  Constables  shall  receive  the  following  monthly  sala- 
ries, to  be  paid  each  month  as  salaries  of  county  officers 
are  paid,  which  shall  be  in  full  compensation  for  all  ser- 
vices rendered  by  them  in  criminal  cases: 

In  townships  having  a  population  of  more  than  three  thou- 
sand, fifty  dollars  per  month.  In  addition  to  the  monthly 
salary  allowed  herein,  each  constable  may  collect  and  retain 
for  his  own  use  such  fees  as  arc  now  or  may  be  hereafter 
allowed  by  law  for  all  services  performed  by  him  in  civil 
actions. 


Act  827,  §  175  COUNTY    GOVERNMENT.  B4 

In  townships  having  a  population  of  not  less  than  two 
thousand  and  under  three  thousand,  forty  dollars  per  month. 
In  addition  to  the  monthly  salary  allowed  herein,  each  con- 
Btable  may  collect  and  retain  for  his  own  use  such  fees  as 
are  now  or  may  be  hereafter  allowed  by  law  for  all  ser- 
vii-i  s  performed  in  civil  cases. 

In  townships  having  a  population  of  not  less  than  one 
thousand  and  under  two  thousand,  twenty-five  dollars  per 
month.  In  addition  to  the  monthly  salary  allowed  herein, 
each  constable  may  collect  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law  for  all 
services    p<  rformed    by    him    in    civil    cases. 

In  townships  having  a  population  of  less  than  one  thou- 
sand, ton  dollars  per  month.  In  addition  to  the  monthly 
salary  allowed  herein,  each  constable  may  collect  and  retain 
for  his  own  use  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law  for  all  services  performed  in  civil  cases. 

In  addition  to  the  monthly  salary  allowed  herein,  each 
constable  shall  also  be  allowed  ten  cents  per  mile  for  each 
mill  necessarily  traveled  in  the  execution  of  all  criminal 
proci  SB,  and  all  expenses  necessarily  and  actually  incurred 
by  him  in   transporting  prisoners  to  court  and  to  prison. 

15.  It  shall  be  the  duty  of  each  and  every  constable  and 
justice  of  the  peace  to  file,  on  or  before  the  first  Monday 
of  each  and  every  mouth,  a  full  and  complete  statement,  show- 
ing all  business  both  civil  and  criminal  done  during  the  pre- 
ceding month  with  the  board  of  supervisors,  and  shall  file 
same  on  or  before  said  date  above  mentioned  with  the  clerk 
of  said  board.  The  statement  of  the  constables  shall  contain 
a  full  and  correct  account  of  all  process  served  in  both  civil 
and  criminal  actions,  also  in  criminal  cases  places  where  de- 
fendants   were  arrested,  together  with  the  mileage.     And  jus- 

of  the  peace  shall  file  a  full  and  correct  statement  of 
all  civil  and  criminal  actions  and  fees  recewed  therefrom. 
Said  statements  to  be  sworn  to  either  before  ;he  county  clerk 
or  some  officer  allowed  by  law  to  administer  oaths. 

16.  The  board  of  supervisors  shall  d<  termine  the  popula- 
tion of  each  township  for  the  purpose  of  fixing  the  salary  of 
the  township  officers  aforesaid. 


235  COUNTY    GOVERNMENT.  Act  837,  §  116 

17.  The  provisions  of  section  one  hundred  and  seventy-five 
shall  be  in  force  -from  and  after  the  passage  of  this  act. 

18.  Each  supervisor,  $1,000.00  per  annum  for  personal  ser- 
vices performed  by  him  as  supervisor,  member  of  the  board 
of  equalization  and  road  commissioner.  Each  supervisor  shall 
also  receive  his  actual  and  necessary  traveling  expenses  in- 
curred in  performing  any  of  the  duties  of  his  office,  to  be 
allowed  by  the  board  of  supervisors  and  paid  out  of  the  county 
general  fund;  provided,  that  the  amount  so  allowed  him  for 
such  expenses  shall  not  exceed  $40.00  for  any  one  month. 

19.  No  fees  shall  be  allowed  the  sheriff  or  tax  collector 
for  collecting  licenses  in  counties  of  this  class.  [Amendment 
approved  March  20,  1905;  Stats.  1905,  p.  482.  In  effect  im- 
mediately.] 

Sec.  176.  In  counties  of  the  nineteenth  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  required 
of  them  by  law  or  by  virtue  of  their  office,  the  following  sal- 
aries, to  wit: 

1.  The  county  clerk,  thirty-two  hundred  and  fifty  dollars 
per  annum;  provided,  that  in  counties  of  this  class  there  shall 
be  one  deputy  county  clerk,  who  shall  be  appointed  by  the 
county  clerk,  and  paid  a  salary  of  seventy-five  dollars  per 
month,  said  salary  to  be  paid  by  the  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  county  clerk  is 
paid. 

iy2.  A  registration  clerk  to  be  appointed  by  the  county 
clerk  and  to  hold  office  during  the  pleasure  of  the  county 
clerk,  at  a  salary  of  seventy-five  dollars  per  month,  payable 
out  of  the  same  fund  and  in  the  same  manner  as  the  salary 
of  other  county  officers  are  paid. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  such 
mileage  as  is  now  allowed  by  law;  all  expenses  incurred  in 
criminal  cases,  and  also  all  fees  for  services  of  papers  in  ac- 
tions arising  outside  of  his  county  and  the  sum  of  37^  cents 
per  day,  for  feeding  each  prisoner  committed  to  his  custody; 
and  one  deputy  sheriff  to  act  as  jailer,  shall  be  appointed  by 
the  sheriff,  and  be  paid  a  salary  of  fifty  dollars  per  month, 


ActS37,  §176  COUNTY     GOVERNMENT.  23« 

said  salary  to  be  paid  by  the  said  county  in  monthly  install 
tnents,  at  the  same  time  and  in  the  same  manner  and  out  of 
the  same  fund  as  the  salary  of  the  pheriff  is  paid. 

3.  The  recorder,  thirty-two  hundred  and.  fifty  dollars  per 
annum,  and  ten  cents  per  name  for  inserting  each  name  (as 
grantor  or  grantee),  in  the  general  index;  and  ten  cents  for 
each  and  every  mortgage,  trust-deed  and  tax  sale  abstracted 
in  preparing  abstract  of  mortgage  and  tax  sales  for  the  as- 
sessor; the  cost  thereof  shall  be  a  charge  against  the  county 
and  payable  out  of  the  general  fund. 

4.  The  auditor,  two  thousand  four  hundred  dollars  per  an- 
num. The  county  auditor  shall  charge  and  collect  for  the 
clerical  service  of  making  estimates  of  tax  sales  provided  for 
in  section  3817  of  the  Political  Code,  the  sum  of  25  cents  for 
each  tax  sale.  If  the  property  is  delinquent  for  two  years 
or  less,  the  sum  of  50  cents  for  each  sale  if  the  property  is 
delinquent  for  more  than  two  years. 

If  said  estimates  are  returned  to  the  auditor  and  redemp- 
tion made  within  ten  days  from  date  of  issue  and  prior  to 
the  charge  of  penalty,  as  provided  for  in  section  number  3817 
of  the  Political  Code,  the  amount  charged  for  making  said 
estimates  shall  be  refunded  to  the  redemptioner.  If  the  re- 
demption is  not  made  as  herein  provided  then  the  sum  charged 
for  making  the  estimate  shall  be  retained  by  said  auditor  for 
his  services   of  making  said  estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  one 
deputy  treasurer,  who  shall  be  appointed  by  the  treasurer,  and 
paid  a  salary  of  sixty-five  dollars  per  month;  said  salary  to 
be  paid  by  the  said  county  in  monthly  installments,  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same  fund 
as  the  snlary  of  the  treasurer  is  paid;  provided  that  a  bond 
of  the  treasurer  shall  be  executed  with  a  reliable  bond  and 
security  company,  and  that  the  cost  of  said  bond,  when  duly 
approved,  shall  be  a  charge  against  the  county  and  payable 
out  of  the  general  fund. 

6.  The  tax  collector,  eighteen  hundred  dollars  per  annum, 
and  as  license  tax  collector,  ten  per  cent,  of  all  licenses  col- 
lected;  provided,  that  in  counties  of  this  class  there  shall   be 


237  COUNTY    GOVERNMENT.  Act  837,  §  176 

one  deputy  tax  collecter,  -who  shall  be  appointed  by  the  tax 
collector,  and  paid  a  salary  of  sixty-five  dollars  per  month,  said 
salary  to  be  paid  by  the  said  county  in  monthly  installments, 
at  the  same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  tax  collector  is  paid. 

7.  The  district  attorney,  twenty-five  hundred  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
one  deputy  district  attorney,  who  shall  be  appointed  by  the 
district  attorney,  and  paid  a  salary  of  one  hundred  dollars 
per  month,  said  salary  to  be  paid  by  the  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  district  attorney  is 
paid. 

8.  The  superintendent  of  schools,  eighteen  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county;  pro  tided,  that  in  counties  of  this  class 
there  shall  be  one  deputy  superintendent  of  schools,  who  shall 
be  appointed  by  the  superintendent  of  schools,  and  paid  a 
salary  of  seventy-five  dollars  per  month,  said  salary  to  be 
paid  by  the  said  county  in  monthly  installments,  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  salary  of  the  superintendent  of  schools  is  paid. 

9.  The  assessor,  thirty-two  hundred  and  fifty  dollars  per  an- 
num; provided,  that  in  counties  of  this  class  there  shall  be 
one  deputy  assessor,  who  shall  be  appointed  by  the  assessor, 
to  hold  office  during  the  months  of  March,  April,  May,  and 
June,  in  each  year,  and  be  paid  a  salary  of  seventy-five  dollars 
per  month,  during  said  four  months,  said  salary  to  be  paid 
by  the  said  county  in  monthly  installments  at  the  same  time 
and  in  the  same  manner  and  out  of  the,  same  fund  as  the 
salary  of  the  assessor  is  paid. 

10.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

12.  The  surveyor,  such  ,pees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly 
salaries,  to  be  paid  each  month  as  the  salaries  of  county  offi- 


Act  837,  §  176  COUNTY    GOVERNMENT.  238 

cers  are  paid,  which  shall  be  in  full  for  all  services  rendered 
by  them  in  criminal  cases:  In  townships  having  a  population  of 
three  thousand  or  more,  one  hundred  dollars  a  month;  in  town 
ships  having  a  population  of  twenty-live  hundred  and  less 
than  three  thousand,  fifty  dollars  a  month;  in  townships  hav- 
ing a  population  of  two  thousand  and  less  than  twenty-five 
hundred,  forty-five  dollars  a  month ;  in  townships  having  a 
population  of  twelve  hundred  and  less  than  two  thousand, 
forty  dollars  a  month;  in  townships  having  a  population  of 
one  thousand  and  less  than  twelve  hundrtd,  twenty  dollars 
a  month;  in  townships  having  a  population  of  four  hundred 
and  fifty,  and  less  than  one  thousand,  fifteen  doli.as  a  month; 
in  townships  having  a  population  of  less  than  four  hundred 
and  fifty,  five  dollars  a  month.  Each  justice  must  pay  into 
the  county,  once  a  month,  all  fines  collected  by  him  in  criminal 
cases,  and  the  auditor  must  withhold  warrants  for  salary  until 
a  sworn  statement  has  been  filed  with  him  of  all  criminal 
cases  tried  and  fines  collected  and  paid  into  the  county  treas- 
ury. In  addition  to  the  monthly  salary  allowed  herein,  each 
justice  may  receive  for  his  own  use  in  civil  cases  the  fees 
allowed  by  law.  For  all  services  appertaining  to  the  coroner's 
office  which  the  coroner  is  unable  to  attend  to,  the  justice  of 
the  peace  shall  receive  the  same  fees  as  are  allowed  the  coroner 
in  similar  eases. 

14.  Constables  shall  receive  the  following  salaries  to  be 
paid  each  mouth  as  the  salaries  of  county  officers  are  paid, 
which  shall  be  in  full  for  all  services  rendered  by  them  in 
criminal  cases;  In  townships  having  a  population  of  three 
thousand  or  more,'  one  hundred  dollars  a  month;  in  town- 
ships having  a  population  of  twenty-five  hundred  and  less  than 
three  thousand,  eighty  dollars  a  month;  in  townships  having 
a  population  of  two  thousand  and  less  than  twenty-five  hundred, 
seventy-seven  and  one-half  dollars  a  month;  in  townships  hav- 
ing a  population  of  twelve  hundred  and  less  than  two  thou- 
sand, seventy-five  dollars  a  month;  in  townships  having  a  popu- 
lation of  one  thousand  and  less  than  twelve  hundred,  thirty- 
five  dollars  a  month;  in  townships  having  a  population  of  four 
hundred  and  fifty  and  less  than  one  thousand,  twenty 
five  dollars  a  month;  in  townships  having  a  population 
of     less     than     four     hundred     and     fifty,     five     dollars     a 


239  COUNTY    GOVERNMENT.  Act  837,  §  177 

month;  provided  further,  that  in  addition  to  the 
salary  herein  allowed,  each  constable  shall  be  paid  out  of 
the  treasury  of  the  county  for  traveling  expenses  outside  of 
his  township,  for  service  of  a  warrant  of  arrest  or  any  other 
paper  in  a  criminal  case,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law.  For  transporting  prisoners  to  the 
county  jail,  the  actual  expense  of  such  transportation.  In 
addition  to  the  monthly  salaries  allowed  him  herein,  each 
constable  may  receive  for  his  own  use  in  civil  cases  the  fees 
allowed  by  law. 

15.  The  population  of  the  several  judicial  townships,  for 
the  purpose  of  fixing  the  compensation  of  township  officers, 
shall  be  ascertained  and  declared  by  the  board  of  super- 
visors on  the  first  Monday  after  the  first  day  of  January, 
nineteen  hundred  and  three,  and  on  the  first  Monday  after 
the  first  day  of  January  every  succeeding  two  years  there- 
after. 

16.  Each  member  of  the  board  of  supervisors,  nine  hun- 
dred dollars  per  annum;  and  as  road  commissioner,  three 
hundred  dollars  per  annum. 

17.  Grand  jurors  or  trial  jurors  in  criminal  cases  in  the 
superior  court  shall  receive,  as  compensation  for  each  day's 
attendance,  per  day,  three  dollars;  and  for  each  mile  actually 
traveled,  in  attending  court  as  a  grand  juror  or  juror  in  a 
criminal  case,  in  the  superior  court  in  going  only,  per  mile, 
fifteen  cents.  The  county  clerk  shall  certify  to  the  auditor 
the  number  of  days  attendance  and  the  number  of  miles 
traveled  by  each  juror,  and  the  auditor  shall  draw  his  war- 
rant for  the  amount  to  which  each  juror  is  entitled,  and  the 
treasurer  shall  pay  the  same.  [Amendment  approved  March 
20,  1905;  Stats.  1905,  p.  352.     In  effect  in  sixty  days.] 

Sec.  177.  In  counties  of  the  twentieth  class,  county  of- 
ficers shall  receive  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  two  hundred  dollars 
per  annum;  provided,  that  in  years  when  a  great  register  is 
ordered   the    county   clerk    shall   receive    in    addition    to    his 


Act  S37,  §  177  -TV    HOVKUXMKNT.  240 

regular  salary  the  sum  of  five  hundred  dollars  for  such  ser- 
vice. 

2.  The  sheriff,  forty-three  hundred  dollars  per  annum,  and 
all  commissions.  f<  es  and  mileage  for  the  service  of  papers 
or  process  coming  from  courts  other  than  those  of  his  own 
county. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  and 
six  cents  per  folio  for  every  instrument  of  any  character 
transcribed  by  him  or  his  deputies,  and  five  cents  for  each 
name  indexed,  which  Baid  amount  shall  be  paid  out  of  the 
county  tl  nd  which  payment  shall  be  in  full  for  all 
services,   including  the   recording  of   mining   claims. 

4.  The  auditor,  two  thousand  two  hundred  dollars  per  an- 
num. The  county  auditor  shall  charge  and  collect  for  the 
clerical  labor  of  making  estimates  of  tax  sales,  provided  for 
in  section  thirty-eight  hundred  and  seventeen  of  the  Politi- 
cal Code,  the  sum  of  twenty-five  cents  for  each  tax  sale,  if 
the  property  is  delinquent  for  two  years  or  less;  and  the 
sum  of  fifty  cents  for  <  ,  property  is  delinquent 
for  more  than  two  years.  W  said  estima;  toned  to 
the  auditor  and  redemption  made  within  twenty  days  from 
the  date  of  issue  aud  prior  to  the  charge  of  penalties  as  pro- 
vided in  section  thirty-eight  hundred  and  seventeen  pi  the 
Political  Code,  the  amounts  charged  for  making  said  • 
mates  shall  be  refunded  to  the  redt  mptioner;  if  redemption 
is  not  made  as  herein  provided,  then  the  sums  charged  for 
making  the  estimates  shall  be  retained  by  the  auditor  for 
his  services   of   making   said    estimates. 

5.  The  treasurer,  eighteen  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  class  there  shall  be  and 
there  hereby  is  allowed  to  the  treasurer  one  deputy,  to  be 
appoiutid  by  him,  who  shall  receive  from  the  county  a  salary 
of  forty  dollars  ($40)  per  month,  to  be  paid  by  said  county 
in  monthly  installments  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  fund  as  the  salary  of  the  tr 
urer. 

6.  The  tax  collector,  twenty-five  hundred  dollars  p.  r  an- 
num. 


641  COUNTY    GOVERNMENT.  Act  837,  §  ftt 

7.  The  assessor,  forty-eight  hundred  dollars  per  annum, 
which  shall  be  in  full  for  all  work  in  his  office  and  for  his 
field  deputies. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum.  His  office  shall  be  kept  open  on  all  business 
days  from  9  A.  M.  to  5  P.  M.  He  shall  be  allowed  his 
actual  traveling  expenses  when  visiting  the  schools  of  his 
county,  provided  that  in  counties  of  this  class  there  shall  be 
and  there  hereby  is  allowed  to  the  county  school  superin- 
tendent of  schools,  one  deputy  to  be  appointed  by  him  who 
shall  receive  from  the  county  a  salary  of  eighty-five  dollars 
($85)  per  month,  to  be  paid  by  said  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and 
out  of  the  same  fund  as  the  salary  of  the  superintendent  of 
schools. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  and 
in  addition  thereto  all  necessary  expenses  and  transportation 
on  work  performed  in  the  field;  provided,  that  in  counties  of 
thi's  class,  when  the  board  of  supervisors  order  a  new  set  of 
assessors'  maps  made,  there  shall  be  and  there  hereby  is  al- 
lowed to  the  surveyor,  for  such  purpose,  three  draughtsmen, 
who  shall  be  appointed-  by  the  surveyor  of  said  county  and 
shall  be  paid  salaries  as  follows:  One  draughtsman  at  a 
salary  of  eighty  dollars  ($80)  per  month;  two  draughtsmen 
at  a  salary  of  seventy-five  dollars  ($75)  per  month  each. 
The  salaries  of  the  draughtsmen,  herein  provided  for,  shall 
be  paid  in  monthly  installments  at  the  same  time  and  in 
the  same  manner  and  out  of  the  same  fund  as  the  salary  of 
the  surveyor. 

13.  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month,  as  salaries  of  the 

Gen.  Laws — 16 


Act  S37,  {  177  COUNTY    GOVERNMENT.  10 

county  officers  are  paid,  which  shall  be  in  full  for  all  services 
rendered  by  them  in  criminal  cases;  In  townships  having  a 
population  of  eight  thousand  or  more,  seventy-five  dollars 
per  month;  in  townships  having  a  population  of  six  thousand 
:md  less  than  eight  thousand,  fifty  dollars  per  month;  in 
townships  having  a  population  of  four  thousand  and  less 
than  six  thousand,  twenty-five  dollars  per  month;  in  town- 
ships having  a  population  of  two  thousand  and  less  than 
four  thousand,  fifteen  dollars  per  month;  in  townships  hav- 
ing a  population  of  one  thousand  and  less  than  two  thousand, 
ten  dollars  per  month;  in  townships  having  a  population  of 
less  than  one  thousand,  five  dollars  per  month;  provided, 
that  in  all  townships  having  an  area  equal  to  or  exceeding 
one  thousand  square  miles,  such  salary  shall  not  be  less  than 
fifty  dollars  per  month.  Each  justice  must  pay  into  the 
county  treasury,  once  a  month,  all  fines  collected  by  him  in 
criminal  cases,  and  the  auditor  shall  withhold  warrant  for 
salary  until  a  sworn  statement  has  been  filed  with  him  of  all 
criminal  cases  tried  and  fines  collected  and  paid  into  the 
county  treasury.  In  addition  to  the  monthly  salary  allowed 
herein,  each  justice  may  receive  for  his  own  use  in  civil 
cases  the  fees  allowed  by  law.  For  all  services  appertaining 
to  the  coroner's  office  which  the  coroner  is  unable  to  atti  nd 
to,  the  justice  of  the  peace  shall  receive  the  same  fees  as 
are  allowed  the   coroner  in  similar  cases. 

14.  Constables  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  the  salaries  of  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by  them 
in  criminal  cases;  in  townships  having  a  population  of  eight 
thousand  or  more,  seventy-five  dollars  a  month;  in  townships 
having  a  population  of  six  thousand  and  less  than  eight  thou- 
sand, fifty  dollars  a  month;  in  townships  having  a  popula- 
tion of  four  thousand  and  less  than  six  thousand,  twenty-five 
dollars  a  month;  in  townships  having  a  population  of  two 
thousand  and  less  than  four  thousand,  fifteen  dollars  a 
month;  in  townships  having  a  population  of  one  thousand, 
and  li  ss  than  two  thousand,  ten  dollars  a  month;  in  town- 
ships having  a  population  of  less  than  one  thousand,  live 
dollars   a    month;    provided   that    in   all   townships    having    an 


243  COUNTY    GOVERNMENT.  Act  837,  §  17? 

area  equal  to  or  exceeding  one  thousand  square  miles,  such 
salary  shall  not  be  less  than  fifty  dollars  per  month;  pro- 
vided further,  that  in  addition  to  the  r.alary  herein  allowed, 
each  constable  shall  be  paid  out  of  the  treasury  of  the 
county  for  traveling  expenses  outside  of  his  own  township, 
for  service  of  a  warrant  of  arrest  or  any  other  paper  in  a 
criminal  case,  both  going  and  returning,  ten  cents  per  mile; 
for  each  mile  traveled  out  of  his  county,  both  going  and  re- 
turning from  the  place  of  arrest  or  other  service,  five  cents 
per  mile.  For  transporting  prisoners  to  the  county  jail, 
the  actual  cost  of  such  transportation.  In  addition  to  the 
monthly  salary  allowed  him  herein,  each  constable  shall  re- 
ceive for  his  own  use  in  civil  cases  the  fees  allowed  by  law. 

15.  The  population  of  the  several  townships  shall  be  de- 
termined by  the  last  United  States  census,  and  in  case  town- 
ships are  formed  after  the  taking  of  the  census,  then  the 
population  shall  be  determined  by  multiplying  the  vote  for 
presidential  electors  cast  in  such  township  at  the  last  pre- 
ceding general  election  by  five. 

16.  Each  supervisor,  five  hundred  dollars  per  annum,  and 
fifteen  cents  per  mile  one  way  for  traveling  from  his  resi- 
dence to  the  county  seat;  provided,  that  not  more  than  four 
mileages  shall  be  allowed  in  any  one  month.  When  serv- 
ing as  road  commissioner,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

17.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  tried  in  said  court,  and  for 
taking  notes  of  the  proceedings  and  testimony  at  all  coron- 
er's inquests  in  the  county,  when  requested  by  the  coroner, 
and  for  taking  notes  of  the  testimony  and  proceedings  in 
all  examinations  before  committing  magistrates,  when  re- 
quested by  the  district  attorney,  a  monthly  salary  of  one 
hundred  dollars  ($100)  payable  out  of  the  county  treasury, 
at  the  same  time  and  in  the  same  manner  as  the  salaries  of 
county  officers;  and  for  transcription  of  said  notes  when 
required  he  shall  receive  the  sum  of  five  cents  per  folio  for 
the  original  and  five  cents  per  folio  for  copy,  said  compen- 


Act  837,  | §  177%,  178  COUNTY   COVlClIXill-M'.  241 

sntimi  for  transcription  in  criminal  cases,  coroner's  inquests 
and  preliminary  examinations  to  be  audited  and  allowed  by 
Ihc  board  of  supervisors  as  other  claims  against  the  county 
and  paid  out  of  the  county  treasury,  and  in  civil  cases  to  be 
paid  by  the  party  ordering  the  same,  or  when  ordered  by 
the  judge  by  either  party,  or  jointly  by  both  parties,  as  the 
court  may  direct.  When  aec<  saary  for  such  reporter  to 
travel  away  from  the  county  seat  in  the  performance  of  his 
duty,  he  shall  receive  his  actual  and  necessary  traveling  ex- 
penses, to  be  allowed  and  paid  by  the  board  of  Supervisors 
as  are  the  other  county  charges.  [Amendment  appnivid 
March  20,  1905;  Stats.  1905,  p.  301.  In  effect  in  sixty 
days.] 

Sec.  177%.  In  counties  of  the  twentieth  class  the  treas- 
urer may  appoint  one  deputy,  who  shall  receive  from 
the  county  a  salary  of  forty  dollars  ($-10,00)  per  month,  tp 
be  paid  by  such  county  in  monthly  installments  at  the 
same  time  and  in  the  same  manner  and  out  of  the  same 
fund  as  the  salary  of  the  treasurer.  [New  section  added 
March    16,   1903;    Stats.    1903.    156.     Tn    effect    immediately  | 

Sec.  178.  In  counties  of  the  twenty-first  class  county 
officers  shall  receive,  as  compensation  for  the  services  re 
quired  of  them  by  law  or  by  virtue  of  their  officers,  the  fol- 
lowing  salaries,   to   wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and 
when  a  great  register  of  votes  is  ordered  he  shall  receive 
six  hundred  and  fifty  dollars  additional,  which  shall  be  in 
full  for  all  services  rendered  in  registering  votes  and  mak- 
ing the  great  register. 

2.  The  sheriff,  six  thousand  dollars  per  annum.  The  sher- 
iff shall  also  receive  for  his  own  use,  for  serving  all  pa- 
pers issued  from  justices'  courts,  the  same  fees  as  are  now 
or  may  be  hereafter  allowed  by  law  to  constables  for  like 
service. 

3  The  recorder,  three  thousand  two  hundred  dollars  per 
annum. 

4.  The    auditor,    eight    hundred    dollars    per    annum. 

5.  The  treasurer,  two  thousand  five  hundred  dollars  per 
annum. 


245  COUNTY    GOVERNMENT.  Act  S37,  §  173 

6.  The  tax  collector,  six  hundred  and  fifty  dollars  per 
annum. 

7.  The  assessor,  five  thousand  five  hundred  dollars  per  an- 
num. 

8.  The  district  attorney,  two  thousand  five  hundred  dol- 
lars per  annum;  and  the  district  attorney  may  appoint  one 
deputy,  which  office  is  hereby  created,  at  a  salary  of  six 
hundred  dollars  per  annum.  The  deputy  district  attorney 
to  hold  office  at  the  pleasure  of  the  district  attorney.  The 
salary  of  such  deputy  to  be  paid  monthly  and  in  the  same 
manner  as  salaries  of  county  officers  are  now  paid. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereaf- 
ter allowed  by  law. 

10.  The  public  administrator,  four  hundred  dollars  per 
annum. 

11.  The  superintendent  of  schools,  two  thousand  dollars 
per  annum;  provided,  if  he  shall  engage  in  any  other  oc- 
cupation during  his  term  of  office  his  salary  shall  only  be 
six  hundred   dollars  per   annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Each  member  of  the  board  of  supervisors  shall  receive 
for  his  services  the  sum  of  nine  hundred  dollars  per  annum, 
and  twenty  cents  per  mile  in  traveling  to  and  from  hi3 
residence  to  the  county  seat;  provided,  that  no  more  than 
one  mileage  at  any  one  term  of  the  board  shall  be  allowed, 
and  that  one-fourth  of  the  annual  salary  shall  be  paid  at 
the   close  of   each   quarterly  session   of   the  board. 

14.  Justices  of  the  peace,  such  fees  as  are  now  or  may  bo 
hereafter  allowed  by  law;  provided,  that  justices  of  the 
peace  of  townships  containing  four  thousand  five  hun- 
dred inhabitants  or  more  shall  be  allowed  a  salary  of 
six  hundred  dollars  per  annum,  payable  monthly  and  in  the 
same  manner  as  salaries  of  county  officers  are  paid,  and 
shall  be  in  full  for  all  services  rendered  by  him  in  crimi- 
nal cases;  provided,  further,  that  justices  of  the  peace  shall, 
before  receiving  their  monthly  salary,  file  with  the  auditor 
a  statement  of  all  fines  received,  together  with  the  treas- 
urer's receipt  for  same.  All  fines  collected  by  justices  of 
the  peace  shall  be  turned  over  to  the  county  treasurer  of 
said  county  within  ten  days  after  receipt  of  same;  provided, 
that  all  fines  collected  for  city  offenses  shall  be  tuined 
over    to    the   city    treasurer    of    the    city    where    the    offense 


Act  837,  §  179 


COUNTY    GOVERNMENT. 


246 


shall  have  been  committed.  In  addition  to  the  monthly 
salaries  herein  allowed,  each  justice  of  the  peace  may  re- 
fine and  retain  for  his  own  use  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law,  for  all  services  rendered 
by  him   in   civil   actions. 

15.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law;  provided,  that  constables  of  townships  con- 
taining two  thousand  inhabitants  or  more  shall  be  allowed 
a  salary  of  four  hundred  and  eighty  dollars  per  annum, 
payable  monthly  and  in  the  same  manner  as  county  officers 
are  paid,  and  shall  be  in  full  for  all  services  rendered  by 
them  in  criniiual  cases;  provided,  further,  that  they  shall 
bo  allowed  all  necessary  expenses  actually  incurred  in  ar- 
resting and  conveying  prisoners  to  the  county  jail  which 
said  expense  shall  be  audited  and  allowed  by  the  board  of 
supervisors  and  paid  out  of  the  county  treasury.  In  ad- 
dition to  the  monthly  salary  herein  allowed,  each  constable 
may  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law,  for  all  services 
rendered  by  him  in  civil  actions.  For  the  purpose  of  regu- 
lating salaries  of  justices  and  constables,  townships  in  this 
class  of  counties  are  hereby  classified  according  to  their 
population  as  shown  by  the  federal  census  of  one  thou- 
sand  nine   hundred. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law,  and  when  necessary  for  such 
leporter  to  travel  away  from  the  county  seat  in  the  per- 
formance of  his  duty,  he  shall  receive  his  actual  and  nee 
essary  traveling  expenses,  to  be  allowed  and  paid  by  the 
board  of  supervisors  as  are  other  county  charges.  [Amend- 
ment approved  March  20,  1905;  Stats.  1905,  p.  361.  In  ef- 
fect immediately.] 

Sec.  179.  In  counties  of  the  twenty-second  class  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the    following   salaries,    to    wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum, 
and  when  a  new  great  register  of  voters  is  ordered,  he 
shall  receive  three  hundred  dollars  additional,  which  shall 
be  in  full  for  all  services  required  in  registering  voters  and 
making    the    great    register. 

2.  The  sheriff,  fifty-one  hundred  dollars  per  annum, 
which  includes  the  fifteen  hundred  dollars  heretofore  al- 
lowed  the    under-sheriff.     He    shall    also    have    for    his    own 


247  COUNTY   GOVERNMENT.  Act  837,  §  179 

use  all  fees  for  service  of  all  papers  served  by  him  and 
issued  without  his  county.  The  said  fifty-one  hundred 
dollars  to  be  in  full  of  all  fees  or  percentages  as  license 
collector. 

3.  The  recorder,  thirty-two  hundred  dollars  'per  annum, 
in  full  of  all  services,  including  filing  and  recording  mining 
and  other  location   notices. 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The  treasurer,  eighteen   hundred   dollars  per  annum. 

6.  The    tax   collector,    one    thousand   dollars   per   annum. 

7.  The  assessor,  twelve  hundred  dollars  per  annum,  and 
he  is  hereby  allowed  in  addition  thereto  ten  deputies,  to  be 
appointed  by  him,  who  shall  each  receive  four  dollars  per 
day  for  not  exceeding  three  months  in  any  calendar  year, 
while  engaged  in  the  performance  of  their  duties;  pro- 
vided, that  the  amount  paid  for  services  of  deputy  assessors 
shall  not  exceed  twenty-four  hundred  dollars  in  any  one 
year. 

8.  The  district  attorney,  twenty-one  hundred  dollars 
per  annum,  and  he  is  hereby  allowed  in  addition  thereto 
one  deputy  appointed  by  him,  who  shall  receive  nine  hun- 
dred dollars  per   annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dol- 
lars per  annum,  and  necessary  expenses  for  traveling  in 
visiting  schools  in  the  county,  to  be  allowed  by  the  super- 
visors of   the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  For  the  purpose  of  regulating  the  compensation  of 
justices  of  the  peace  and  constables,  townships  in  this  class 
of  counties  are  hereby  classified  according  to  their  popula- 
tion, as  shown  by  the  federal  census  of  nineteen  hundred, 
as  follows: 

Townships  having  a  population  of  three  thousand  or 
more  shall  belong  to  and  be  known  as  townships  of  the 
first  class;  toAvnships  having  a  population  of  two  thou- 
sand and  less  than  three  thousand,  shall  belong  to  and  be 
known  as  townships  of  the  second  class;  townships  hav- 
ing a  population  of  one  thousand  six  hundred  and  less 
than  two  thousand  shall  belong  to  and  be  known  as  town- 
ships  of   the    third   class;    and    townships   having   a   popula- 


Act  S37,  §  170 


COl'NTY    GOVERNMENT. 


tion   of  less   than   one  thousand  six   hundred  shall  belong  to 
and  be   known   as   townships   of   the   fourth   cla- 

Justices  of  the  peace  shall  receive  the  following  salaries, 
which  ball  be  paid  monthly,  in  the  same  manner  as  the 
salaries  of  county  offia  ra  axe  paid,  out  of  the  general  fund 
of  the  county,  and  which  shall  be  in  full  of  all  services 
rend*  n  d  by  thi  m  in  criminal  wit: 

Tn  townships  of  the  first  class,  eighty-five  dollars  per 
month;  in  townships  of  the  Becond  class,  seventy  live  dol- 
lars per  month;  in  townships  of  the  third  class,  twenty 
dollars  per  month;  and  in  townships  of  the  fourth  class  ten 
dollars   per    month. 

In    ad. lit:, m     to    the    monthly    salaries    herein    allowed    for 
u    criminal    a  refl    anil    examinations,    each 

justice  of  the  peace  may,  for  his  own  use,  collect  the  fol- 
■  1  no  other,  iii  civil  acl 
Each  .justice  Of  the  peace  shall  be  allowed,  in  civil  ac- 
tiona  befori  him,  for  all  services  to  be  performed  by  him 
before  trial,  three  dollars;  and  for  the  trial,  and  all  pro- 
ceedings subsequent  thereto.  Including  all  affidavits,  sv. 

of  witnesses  and  jury,  and  the  entry  of  judgment  ami 
issue  of  execution  thereon,  four  dollars;  and  fifteen  cents 
tor  each  hour  actually  engaged  in  such  trial  after  the  ex- 
piration of  eight  hours;  and  in  all  cases  where  judgment  is 
rendered  l>y  default  or  confession,  for  all  services,  including 
cution  and  satisfaction  of  judgment,  three  dollars. 
l-i  certificate  .and  transmitting  transcript  and  papers  on 
appeal,  one   dollar. 

Pot  copies'  of  papers  on  docket,  per  folio,  ten  cents. 
For    issuing    a    search    warrant,    to    be    paid    by    the    party 
demanding  the  same,  fifty  cents. 

For  celebrating  a  marriage  and  returning  a  certificate 
tin  reof   to    the   county   recorder,    three    dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for 
the  first  name,  fifty  cents;  for  each  additional  name,  twen- 
ty five    cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 
For    all    services    connected    with    the    posting   of   estrays, 
one    dollar. 

In  cases  before  the  justices  of  the  peace,  when  the  venue 
shall  be  changi  d,  the  justice  before  whom  the  action  shall 
be  brought  for  all  services  rendered,  including  the  making 
up  and"  transmission  of  the  transcript  and  papers,  shall 
receive    three    dollars;    and    the    justice    of    the    pesc<     I' 


l&  COUNTY    GOVERNMENT.  Act  837,  J  1?!' 

whom,  the  trial  shall  take  place  shall  receive  the  same  fees 
as  if  the  action  had  been  commenced  before  him. 

For  performing  the  duties  of  coroner,  when  the  coroner 
fails  to  act,  the  same  fees  and  mileage  as  are  allowed  the 
coroner  in  like  cases. 

For  issuing  each  process,  writ,  order  or  paper  required 
by  law  to  be  issued,  not  otherwise  provided  for,  twenty- 
five   cents. 

For  each  certificate  or  affidavit  not  otherwise  herein 
provided  for,   twenty-five   cents. 

For  administering  oath  or  affirmation  not  otherwise  here- 
in provided  for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking,  includ- 
ing the  justification  of  sureties,  fifty  cents. 

14.  Constables  shall  receive  the  following  salaries,  which 
shall  be  paid  monthly,  in  the  same  manner  as  the  salaries 
of  county  officers  are  paid,  out  of  the  general  fund  of  the 
county,  and  which  shall  be  in  full  of  all  services  rendered 
by  them  in  criminal  cases,  to  wit: 

In  townships  of  the  first  class,  one  hundred  dollars  per 
month;  in  townships  of  the  second  class,  seventy-five  dol- 
lars per  month;  in  townships  of  the  third  class,  twenty 
dollars  per  month,  and  in  townships  of  the  fourth  class, 
ten  dollars  per  month.  In  addition  to  the  monthly  sal- 
aries herein  allowed  for  services  in  criminal  actions,  cases 
and  proceedings,  each  constable  shall  also  be  allowed  all 
necessary  expenses  actually  and  properly  incurred,  in  ar- 
resting and  conveying  prisoners  to  court  or  to  prison,  and 
also  all  necessary  expenses  actually  incurred  in  the  trans- 
portation of  prisoners  from  prison  to  court,  and  the  return 
of  said  prisoners  to  prison;  and  shall  be  allowed,  also, 
for  each  mile  actually  traveled,  both  in  going  and  coming, 
in  the  service  of  subpoenas,  in  criminal  cases,  per  mile, 
ten  cents;  which  said  expenses  and  mileage  shall  be  au- 
dited and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county  are  audited  and  allowed,  and 
shall  be  paid  out  of  the  county  treasury. 

In  addition  to  the  monthly  salaries  herein  allowed  for 
services  in  criminal  actions  and  cases,  each  constable  may, 
for  his  own  use,  collect  the  following  fees,  and  no  others, 
in    civil   actions: 

For  serving  summons  and  complaint,  for  each  defendant 
served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when  actually 
made  by  him,   twenty-five  cents. 


Act  837,  §  179  COUNTY    GOVERNMENT.  250 

For  levying  writ  of  attachment  or  execution,  or  execut- 
ing order  of  arrest,  or  for  the  delivery  of  personal  prop- 
erty, one  dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship, 
boat,  or  vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the  court 
may  order;  but  no  more  than  one  dollar  and  fifty  cents 
per  day  shall  be  allowed  for  a  keeper  when  necessarily  em- 
ploy*, d. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writ  and  other  papers,  except  summons, 
complaint,  and  subpoenas,  per  folio,  ten  cents;  provided, 
that  when  correct  copies  are  furnished  to  him  for  use,  no 
charge  shall  be  made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons, 
complaint,  and  subpoenas,  for  each  person  served,  fifty 
cents. 

For  writing  and  posting  each  notice  of  sale  of  property, 
fifty  cents. 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy, 
twenty-five  cents. 

For  collecting  money  on  execution,  one  and  one-half  per 
cent. 

For  executing  and  delivering  certificate  of  sale,  fifty 
cents. 

For  executing  and  delivering  constable's  deed,  one  dol- 
lar and  fifty,  cents. 

For  each  mile  actually  traveled  within  his  township  in 
the  service  of  any  writ,  order,  or  paper,  in  civil  actions, 
in  going  only,  per  mile,  twenty-five  cents. 

For  traveling  outside  of  his  township  to  serve  sucn  writ, 
order,  or  paper,  in  civil  actions,  in  going  only,  twenty-five 
cents  per  mile;  provided,  that  a  constable  shall  not  be  re- 
quired to  travel  outside,  of  his  township  to  serve  any  civil 
process,  order,  or  paper.  No  constructive  mileage  shall  be 
charged,  allowed,  or  paid,  in  criminal  or  civil  cases. 

For  each  day's  attendance  in  court,  in  civil  cases,  three 
dollars    per    day. 

For  executing  a  search  warrant,  two  dollars;  and  for 
each  mile  necessarily  traveled  within  his  county  in  exe- 
cuting a  search  warrant,  both  in  going  and  returning  from 
place  of  search,  fifteen  cents;  said  fee  and  mileage  to  be 
paid  by   the  party  demanding  the  search. 


251  COUNTY    GOVERNMENT.  Act  837,  §  179 

For  summoning  a  jury,  in  civil  cases,  two  dollars,  includ- 
ing mileage. 

For  commissions  for  receiving  and  paying  over  money 
on  execution  without  levy,  or  when  the  goods  or  land  levied 
on  shall  not  be  sold,  one  per  cent.  The  fees  herein  allowed 
for  the  levy  of  an  execution,  and  for  making  or  collecting 
the  money  on  execution,  shall  be  collected  from  the  judg- 
ment debtor,  by  virtue  of  such  execution,  in  the  same  man- 
ner as  the  sum  herein  directed  to  be  paid. 

County  officers  must,  and  township  officers  may,  demand 
the  payment  of  all  fees  in  advance. 

Justices  of  the  peace  shall,  on  or  before  the  first  Monday 
of  each  month,  pay  into  the  county  treasurer  all  moneys 
collected  by  them  on  fines  imposed  and  collected,  and  all 
moneys  belonging   to    the   county   coming   from   any   source. 

The  board  of  supervisors  shall,  within  sixty  days  after 
the  passage  of  this  aet,  establish  by  ordinance,  according 
to  the  provisions  of  subdivisions  thirteen  and  fourteen  of 
section  twenty-six,  the  population  of  the  various  townships 
of  this  class  of  counties. 

15.  Each  member  of  the  board  of  supervisors,  five  hun- 
dred dollars  per  annum  and  ten  cents  per  mile,  one  way, 
between  residence  and  county  seat,  in  attending  upon  all 
regular,  special  or  adjourned  meetings  of  the  board  of 
supervisors;  provided,  that  the  chairman  of  the  board  of 
supervisors  may  receive  twenty-five  cents  per  mile,  one 
way,  between  residence  and  the  county  seat,  when  attend- 
ing at  the  county  seat  for  the  single  purpose  of  counting 
the   money   in    the   county   treasury,   as   required   by   law. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for 
taking  notes  in  civil  and  criminal  cases  tried  in  said  court, 
and  for  preliminary  examinations  in  justices'  courts,  a 
monthly  salary  of  seventy-five  dollars,  payable  out  of  the 
county  treasury,  at  the  same  time  and  in  the  same  manner 
as  the  salaries  of  county  officers;  and  for  transcription  of 
said  notes,  when  required,  he  shall  receive  the  sum  of 
ten  cents  per  folio  for  the  original,  and  five  cents  per  folio 
for  a  copy;  where  the  reporter  is  required  to  transcribe  the 
whole,  or  any  part  of  his  notes  from  day  to  day  as  the 
trial  progresses,  he  shall  receive,  in  addition  to  said  sums 
hereinbefore  provided,  the  further  sum  of  five  cents  per 
folio  for  the  original,  and  two  and  one-half  cents  per 
folio  for  the  copy.  Said  compensation  for  transcription 
in  criminal   eases  to  be   audited   and  allowed  by   the   board 


Act  837,  §  ISO  COT-NTT     GOVERNMENT. 

of  supervisors  as  other  claims  against  the  county,  and 
paid  out  of  the  county  treasury;  and  in  civil  cases,  to  be 
paid  by  the  party  ordering  the  same,  or,  when  ordered  by 
the  judge,  by  either  party,  or  jointly  by  both  parties  as 
the  court  may  direct;  provided,  that  where  the  services 
of  the  official  reporter  are  required,  in  each  civil  case,  the 
sum  of  ten  dollars  per  diem,  for  each  day  of  the  trial 
thereof,  shall  be  paid  to  the  clerk  of  the  court,  in  advance, 
one-half  by  each  party,  or  in  such  other  proportion  as  the 
court  may  direct;  all  per  diem  fees  so  collected  shall  be 
paid  by  the  clerk  into  the  treasury  of  the  county.  The 
portion  of  per  diem  fees  in  each  case,  which  were  paid  by 
the  prevailing  party,  shall  be  taxed  and  allowed  as  costs 
in  the  case;  provided,  also,  that  this  act,  so  far  as  it 
relates  to  the  official  reporter  of  the  superior  court  in 
counties  of  this  class,  shall  take  effect  immediately. 
[Amendment  approved  March  23,  1001.  Stats.  10ni,  741. 
Tn   effect   12  M.  on  first   Monday   after  January   1,   1903.] 

Sec.  ISO.  In  counties  of  the  twenty-third  class,  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices r<  quired  of  them  by  law  or  by  virtue  of  their  offices, 
the   following  salaries,    to   wit: 

1.  The  county  clerk  four  thousand  five  hundred  dollars 
per  annum;  provided,  that  in  years  when  a  great  register  is 
ordered,    the    county    clerk    shall    receive    in    addition    to    his 

alar   salary   the   sum   of    eight    hundred   dollars   for   such 
service. 

2.  The    sheriff,    six    thousand    dollars    per    annum. 

3.  The  recorder,  three  thousand  two  hundred  dollars  per 
annum. 

4.  The  auditor,  one  thousand  five  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  two   thousand   dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per 
annum,  and  the  fees  and  commissions  now  or  hereafter  al- 
lowed by  law.  The  assessor  shall  also  be  allowed  the  fol- 
lowing deputies,  to  be  appointed  by  him,  viz.:  One  deputy 
for  each  bona  fide  increase  of  two  hundred  real  estate  state- 
ments made  for  assessment  purposes  over  and  above  three 
thousand  of  such  statements,  arid  not  to  exceed  in  all  five 
deputies.  Kach  of  such  depiit'ii  s  shall  receive  a  monthly 
compensation  of  one  hundred  dollars,  for  the  months'  of 
March.  April.  May  and  June  of  each  year.  The  salary  of 
said    deputies    to    be    paid   in    the   same    manner,   and   out   of 


g3  COUNTY    GOVERNMENT.  Act  837,  j  181 

the  same  fund  as  the  assessor,  upon  the  presentation  of  a 
certificate  that  services  have  been  performed,  and  signed 
by   the   assessor. 

S.  The  district  attorney,  twenty-four  hundred  dollars  per 
annum;  assistant  district  attorney,  nine  hundred  dollars  per 
annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed   by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter   allowed  by   law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed   by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be   hereafter   allowed   by   law. 

14.  Constables,  such  fees  as  are.  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors  $1200.00 
per  annum,  and  mileage  when  acting  as  road  commissoner, 
25  cents  per  mile  one  way;  provided,  the  amount  of  mile- 
age shall  not  exceed  the  sum  of  $300.00  in  any  one  year. 
This  subdivision  of  this  section  shall  take  effect  and  be  in 
full   force  from  and   after   the  passage   of   this  act. 

1G.  Member [s]  of  the  board  of  education,  each  the  sum  of 
five  dollars  per  day  for  actual  service,  together  with  mile- 
age at  ten  cents  per  mile.  [Amendment  approved  March 
20,  1905;  Stats.  1905,  p.  318.  In  effect  in  part  imme- 
diately, and  in  part  in  sixty  days.] 

Sec.  181.  In  counties  of  the  twenty-fourth  class  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the   following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand   dollars  per  annum. 

2.  The  sheriff,   six  thousand   dollars   per  annum. 

3.  The    recorder,    two    thousand    dollars    per    annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The   treasurer,  fifteen   hundred   dollars   per  annum. 

6.  The   tax   collector,   one   thousand    dollars   per   annum. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per 
annu  m. 


Act  837,  §182  COUNTY    GOVERNMENT.  251 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dol- 
lars per  annum,  and  his  reasonable  traveling  expenses  in- 
curred in  visiting  schools  of  the  county,  to  be  fixed  and 
allowed  by  the  board  of  supervisors,  not  to  exceed  the  sum 
of  five  hundred  dollars  per  annum;  provided,  he  shall  de- 
vote his  entire  time   to  the  duties  of  said  office. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law;  provided,  he  shall  be  given  all 
work  for  the  county  in  which  the  county  employs  a  sur- 
veyor or  civil  engineer;  and  provided  further,  that  it  shall 
be  the  duty  of  the  board  of  supervisors  of  counties  of  this 
class  to  so  employ  him. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  five  hun 
dred  dollars  per  annum,  and  mileage  at  the  rate  of  twenty 
cents  per  mile  from  his  home  to  and  from  the  county 
seat. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for 
taking  notes  in  citil  and  criminal  cases  tried  in  said 
court,  and  when  requested  by  the  district  attorney,  for 
preliminary  examinations  in  justice's  court,  a  monthly 
salary  of  one  hundred  dollars,  payable  out  of  the  county 
treasury,  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  county  officers;  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of  ten  cents 
per  folio  for  the  original  and  five  cents  per  folio  for  a 
copy;  said  compensation  for  a  transcription  in  criminal 
cases  to  be  audited  and  allowed  by  the  board  of  super- 
visors as  other  claims  against  the  county,  and  paid  out 
of  the  county  treasury,  and  in  civil  cases  to  be  paid  by  the 
party  ordering  the  same,  or,  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the  court 
may  direct.  [Amendment  approved  March  23,  1901.  Stats. 
1901,  746.  In  effect  12  M.  on  first  Monday  after  January 
1,    1903.] 

Section  182.  In  counties  of  the  twenty-fifth  class  the  of- 
ficers   shall    receive,    as    compensation    for    the    services    re- 


255  COUNTY    GOVERNMENT.  •  Act  837,  §  182 

quired  of  them  by  law  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  eounty  clerk,  four  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  five  hundred  dollars  per  an- 
num. 

3.  The  recorder,  two  thousand  dollars  per  annum,  and  six 
cents  for  each  folio  recorded.  Provided,  that  the  six  cents 
per  folio  for  recording  shall  go  into  effect  immediately. 

4.  The  auditor,  twenty-four  hundred  dollars  per  annum. 

5.  The  treasurer,  twenty-seven  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  two  thousand  dollars  per  annum, 
and    one    deputy,    at    nine    hundred    dollars    per    annum. 

7.  The  assessor,  four  thousand  dollars  per  annum,  and  one 
deputy,  at  a  salary  of  nine  hundred  dollars  per  annum. 

8.  The  district  attorney,  twenty-five  hundred  dollars  per 
annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed    by    law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be   hereafter   allowed   by   law. 

11.  The  superintendent  of  schools,  one  thousand  five  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county,  and  one  deputy,  at  nine 
hundred  dollars  per  annum. 

12.  The  surveyor,  shall  receive  one  thousand  five  hun- 
dred dollars  per  annum  for  all  work  performed  for  the 
county,  and  in  addition  thereto,  actual  traveling  and  other 
necessary  expenses  incurred  in  connection  with  field  work; 
provided,  that  whenever  the  surveyor  is  directed  by  the  as- 
sessor to  plat,  trace,  or  otherwise  prepare  maps,  plats,  or 
block  book  for  the  use  of  the  county  assessor,  he  shall  be 
allowed  only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  supervisor,  five  hundred  dollars  per  annum,  and 
ten  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat ;  provided,  that  not  more  than  one  mileage  for 
one  session  of  the  board  shall  be  allowed.  For  serving  as 
road  commissioner,  two  hundred  dollars  per  annum.  [Amend- 
ment approved  March  20,  1905;  Stats.  1905,  p.  383.  In 
effect  in  part  immediately,  and  in  part  in  sixty  days.] 


Act  837.  §  1S3  COUNTY    GOVERNMENT.  256 

1S3.  Tn  counties  of  the  1  wr nty-sixth  class,  the  of- 
ficers shall  receive,  as  compensation  for  the  services  re- 
quired Of  them  by  law,  or  by  virtue  of  their  ollice,  the  fol- 
lowing  salaries,   to  wit: 

1.  The  county  clerk,  five  thousand  dollars  per  annum,  and* 
twelve  and  a  tali  eenta  for  each  elector  registered. 

2.  The  sheriff,  seven  thousand  dollars  per  annum.  He  may- 
retain  for  his  own  use  the  mileage  and  lees  lor  the  service 
of  papers  or  proeQM  issued  by  any  court  of  this  state  out- 
side of  bis  county. 

3.  The  recorder,  Bixteel]  hundred  dollars  per  annum,  seven 
ci  Dts  for  each  folio  recorded,  and  five  cents  for  each  name 
index,  d. 

4.  The   auditor,   two    thousand   dollars   per  annum. 

5.  The   treasurer,   two   thousand   dollars  per   annum. 

6.  The   tax   collector,   three   thousand  dollars   p<  r  annum. 

7.  The  assessor,  five  thousand  dollars  per  annum. 

8.  The  district  attorney,  four  thousand  dollars  per  an- 
num: provided,  thai  he  shall  be  disqualified  from  engaging 
in  any  cause  or  action  to  which  the  county  or  state  is  not 
a   party. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
afti  r  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hfireafti  r  allowed  by  law. 

11.  The  Buperinfc  adent  of  schools,  eighteen  hundred  dol- 
lars per  annum  (which  shall  include  his  services  as  a  mem- 
ber of  the  board  of  education),  and  his  actual  traveling 
i  zpensi  B  when  visiting  schools,  not  to  exceed  ten  dollars 
per  district. 

L2.  The  surveyor  shall  receive  twelve  hundred  dollars  per 
annum,  and  traveling  and  official  expenses  in   the  county. 

13.  Each  supervisor,  six  dollars  pet  day  while  in  the  ser- 
vice of  the  county,  and  thirty  cents  per  mile  for  traveling 
frbm'his  residence  to  the  county  seat. 

II.  In  counties  of  this  class  the  township  officers,  shall  re- 
ceive the  following  compensation,  to  wit: 

In  townships  having  a  population  of  six  thousand,  or 
more,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  one  hundred  and  twenty  live  dollars  per  mouth,  and  con- 
stil),  dthly    salary    of    one    hundred    and    twenty-five 

dollars   per   month; 

In  townships  having  a  population  of  three  thousand,  or 
more,  and  less  than  six  thousand,  justices  of  the  peace  shall 
ricei'vi    a    monthly   salary  of  one    hundred   dollars   per   month, 


257  COUNTY   GOVERNMENT.  Act  837,  §  183 

and  constables  a  monthly  salary  of  one  hundred  dollars  per 
month; 

In  townships  having  a  population  of  eighteen  hundred 
and  forty-four,  or  more,  and  less  than  three  thousand,  jus- 
tices of  the  peace  shall  receive  a  monthly  salary  of  fifty 
dollars  per  month,  and  constables  a  monthly  salary  of  sixty 
dollars; 

In  townships  having  a  population  of  seventeen  hundred 
and  seventy-five,  or  more,  and  less  than  eighteen  hundred 
and  forty-four,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  ten  dollars  per  month,  and  constables  a  nonthly 
salary  of  twenty  dollars  per  month; 

In  townships  having  a  population  of  seventeen  hundred 
and  sixty,  or  more,  and  less  than  seventeen  hundred  and 
seventy-five,  justices  of  the  peace  shall  receive  a  monthly 
salary  of  nfty  dollars  per  month,  and  constables  a  monthly 
salary  of  seventy-five   dollars  per  month; 

In  townships  having  a  population  of  thirteen  hundred  and 
eighty,  or  more,  and  less  than  seventeen  hundred  and  sixty, 
justices  of  the  peace  shall  receive  a  monthly  salary  of 
ninety-five  dollars  per  month,  and  constables  a  monthly  sal- 
ary of  one  hundred  dollars  per  month; 

In  townships  having  a  population  of  eleven  hundred  and 
seventy-five,  or  more,  and  less  than  thirteen  hundred  and 
eighty,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  eighty  dollars  per  month,  and  constables  a  monthly  sal- 
ary of  ninety  dollars  per  month; 

In  townships  having  a  population  of  eight  hundred  and 
eighty,  or  more,  and  less  than  eleven  hundred  and  seventy- 
five,  justices  of  the  peace  shall  receive  a  monthly  salary 
of  twenty  dollars  per  month,  and  constables  a  monthly  sal- 
ary of  tliirty  dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and 
eighty,  or  more,  and  less  than  eight  hundred  and  eighty,  jus- 
tices of  the  peace  shall  receive  a  monthly  salary  of  forty 
dollars  per  month,  and  constables  a  monthly  salary  of  fifty 
dollars  per  month; 

In  townships  having  a  population  of  seven  hundred  and 
sixty-five  or  more,  and  less  than  seven  hundred  and  eighty, 
justices  of  the  peace  shall  receive  a  monthly  salary  of  fif- 
teen dollars  per  month,  and  constables  a  monthly  salary  of 
twenty  dollars  per  month; 

In    townships    having    a   population    of    six    hundred    and 
forty,  or  more,   and  less  than   seven  hundred  and  sixty-five, 
justices  of   the  peace  shall  receive  a  monthly  salary  of  fif- 
Gen.  Laws — 17 


Act  837,  §  183  COYTNTY   GOVERNMENT.  853 

teen  dollars  per  month,  and  constables  a  monthly  salary  of 
twenty  dollars  per  month; 

In  townships  having  a  population  of  six  hundred  and  five, 
or  more,  and  less  than  six  hundred  and  forty,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  fifteen  dollars  per 
month,  and  constables  a  monthly  salary  of  twenty  dollars 
per  month; 

In  townships  having  a  population  of  five  hundred  and 
sixty,  or  more,  and  less  than  six  hundred  and  five,  justices 
of  the  peace  shall  receive  a  monthly  salary  of  fifty  dollars 
per  month,  and  constables  a  monthly  salary  of  sixty  dollars 
per  month; 

In  townships  having  a  population  of  two  hundred  and  ten, 
or  more,  and  less  than  five  hundred  and  sixty,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  fifteen  dollars  per 
month,  and  constables  a  monthly  salary  of  twenty  dollars; 

In  townships  having  a  population  of  less  than  two  hundred 
and  ten,  justices  of  the  peace  shall  receive  a  monthly  sal- 
ary of  fifteen  dollars  per  month,  and  constables  a  monthly 
salary  of  twenty  dollars  per  month; 

The  above  named  salaries  shall  be  in  full  compensation 
for  all  services  of  said  justices  of  the  peace  and  constables 
in  criminal  cases;  provided,  that  each  constable  shall  be  al- 
lowed and  paid  out  of  the  county  treasury  for  transporting 
prisoners  to  the  county  jail  the  actual  expense  of  such  trans- 
portation; 

Said  justices  of  the  peace  and  constables  may  retain  for 
their  own  use,  the  fees  allowed  by  law  in  civil  cases. 

And  provided,  further,  that  for  the  purposes  of  this  act,  the 
population  of  the  several  townships  shall  be  ascertained  by 
multiplying  the  number  of  registered  voters  at  the  last  pre- 
ceding presidential  election  by  five. 

The  salaries  of  township  officers  as  herein  provided  for 
shall  be  paid  in  the  same  manner,  at  the  same  time,  and 
out  of  the  same  funds,  that  county  officers  are  paid. 

15.  The  official  reporter  of  the  superior  court  shall  receive, 
as  full  compensation  in  taking  notes  in  civil  and  criminal 
cases  tried  in  said  court,  a  monthly  salary  of  one  hundred 
and  fifty  dollars,  payable  out  of  the  county  treasury  at  the 
same  time  and  in  the  same  manner  and  from  the  same  fund 
as  the  salaries  of  county  officers;  and  for  transcription  of 
said  notes,  when  required,  he  shall  receive  the  sum  of  fifteen 
cents  per  tolio  for  the  original  and  five  cents  per  folio  for 
a  copy;  said  compensation  for  transcription  in  criminal  cases 
to  be  audited  and  allowed  by  the  board  of  supervisors  as 
other  claims  against  the  county,  and  paid  out  of  the  county 


259  COUNTY    GOVERNMENT.  Act  837,  §  184 

treasury  and  in  civil  cases  to  be  paid  by  the  party  ordering 
the  same,  or  when  ordered  by  the  judge,  by  either  party,  or 
jointly   by  both  parties,   as   the   court   may  direct. 

16.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed.  [Amendment  approved  March  20,  1905; 
Stats.  1905,  p.  385.     In  effect  immediately.] 

Sec.  184.  In  counties  of  the  twenty-seventh  class  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum,  and 
five  hundred  dollars  additional  per  annum  for  compiling 
great  register  of  the  county. 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  the 
fees,  mileage  or  commissions  for  the  services  of  all  papers 
whatever  issued  by  any  court  outside  of  this  county,  and  all 
mileage  for  service  of  papers  issued  out  of  any  civil  case  in 
his  own  county. 

3.  The  recorder,  two  thousand  dollars  per  annum;  provided, 
that  such  recorder  shall  collect  and  pay  into  the  county 
treasury,  for  the  use  and  benefit  of  the  county,  the  fees  re- 
quired by  law  to  be  so  collected;  and  provided,  that  when 
the  amount  of  said  fees  so  collected  shall  amount  to  more 
than  one  hundred  and  fifty  dollars  in  any  month,  the  said 
recorder  may  receive  and  retain  for  his  own  use,  in  addi- 
tion to  his  salary,  all  fees  in  excess  of  one  hundred  and 
fifty  dollars  in   any  month  so   collected. 

4.  The  auditor,  seven  hundred  and  fifty  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum,  and  fees 
as  now  provided. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  and 
fees  on  delinquent  poll  taxes,  which  shall  be  in  full  for  all 
services  as  tax  collector. 

7.  The  assessor,  three  thousand  two  hundred  dollars  per 
annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed   by   law. 

11.  Superintendent  of  schools,  one  thousand  six  hundred 
dollars  per  annum,  and  actual  traveling  expenses  when  visiting 
the  schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 


Act  8„7,  S  Ia4  COUNTY   GOVERNMENT.  260 

13.  For  the  purpose  of  regulating  the  compensation  of  jus- 
tices of  the  peace  and  constables,  townships  in  this  class  of 
I'  unities  are  hereby  classified  according  to  their  population, 
as  shown  by  the  federal  census  of  nineteen  hundred  as  follows: 
Townships  having  a  population  of  five  thousand  or  more  shall 
belong  to  and  be  known  as  townships  of  the  first  class;  town- 
ships having  a  population  of  three  thousand  and  less  than  five 
thousand,  shall  belong  to  and  be  known  as  townships  of  the 
second  class;  townships  having  a  population  of  one  thousand 
and  less  than  throe  thousand,  shall  belong  to  and  be  known 
as  townships  of  the  third  class,  and  townships  having  a  popu- 
lation of  hss  than  one  thousand,  shall  belong  to  and  be  known 
as  townships  of  the  fourth  class.  Justices  of  the  peace  and 
constables  shall  receive  the  following  salaries,  which  shall  be 
paid  monthly,  in  the  same  manner  as  salaries  of  county  offi- 
cers are  paid,  and  which  shall  be  in  full  of  all  services  rendered 
by  them  in  criminal  eases,  to  wit:  In  townships  of  the  first 
class,  seventy-five  dollars;  in  townships  of  the  second  class, 
fifty-five  <lollars;  in  townships  of  the  third  class,  thirty  dollars, 
and  in  townships  of  the  fourth  class,  twenty  dollars.  In  ad- 
dition of  the  monthly  salaries  herein  allowed,  each  justice  of 
the  peace  and  constable  may  receive  and  retain  for  his  own 
use  such  fees  as  are  now  or  may  hereafter  be  allowed  by  law, 
for  all  services  rendered  by  him  in  civil  actions.  Constables 
shall  also  be  allowed  all  necessary  expenses  actually  incurred 
in  arresting  and  conveying  prisoners  to  court  or  to  prison, 
which  said  expense  shall  be  audited  and  allowed  by  the  board 
of  supervisors  and  paid  out  of  the  county  treasury. 

14.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  in  the  superior  court,  tried 
therein,  and  at  preliminary  examinations  before  the  justices' 
courts  of  the  county  and  for  taking  notes  at  all  coroners' 
inquests,  a  monthly  salary  of  one  hundred  and  twenty-five 
dollars,  payable  out  of  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  the  salary  or  other  county  officers, 
and  for  transcription  of  said  notes,  when  required,  the  sum 
of  ten  cents  tief  folio  for  the  original,  and  five  cents  per  folio 
1\>r  a  copy  shall  be  paid  the  reporter  making  the  transcription; 
provided,  that  said  official  reporter  herein  designated  shall  per- 
form all  the  service-  necessary  in  the  superior  court  of  the 
county,  at  all  preliminary  examinations  held  before  justices 
of  the  peace  of  the  county  and  at  all  coroners'  inquests.  Said 
compensation  foT  transcription  in  criminal  cases,  at  preliminary 
examinations  and  at  coroners'  inquests  to  be  allowed  on 
the  order  of  the  court,  or  the  coroner,  as  the  case  may  be,  and 


2G1  COUNTY    GOVERNMENT.  Act  837,  §  1S5 

paid  out  of  the  county  treasury,  and  in  civil  cases  to  be  paid 
by  the  party  ordering  the  same,  or,  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the  court  may 
direct.  Said  official  reporter  shall  furnish  his  own  typewriting 
machine,  and  shall  also  receive  from  the  county  his  actual 
traveling  expenses,  when  required  to  travel  to  and  from  any 
justices'  court  within  the  county,  except  the  county  seat. 

15.  Each  member  of  the  board  of  supervisors  shall  receive 
one  thousand  dollars  per  annum,  payable  monthly,  which  shall 
be  in  full  for  all  services  as  supervisors. 

The  provisions  of  subdivisions  thirteen,  fourteen,  and  fif- 
teen of  this  section  shall  take  effect  and  be  in  force  thirty 
days  from  and  after  the  passage  of  this  act.  [Amendment 
approved  March  20,  1905;  Stats.  1905,  p.  391.  In  effect  partly 
in  thirty  days  and  partly  in  sixty  days.] 

Sec.  185.  In  counties  of  the  twenty-eighth  class  the 
county  and  township  officers  shall  receive  as  compensation  for 
the  services  required  of  them  by  law,  or  by  virtue  of  their 
offices  the  following  salaries  and  fees,  to  wit : 

1.  The  county  clerk,  three  thousand  two  hundred  fifty  dol- 
lars per  annum;  and  in  each  year  in  which  a  new  and  com- 
plete registration  of  voters  is  required  by  law,  he  shall  re- 
ceive such  additional  amount  as  shall  be  necessary  to  pay 
deputy  registration  clerks  for  taking  affidavits  of  registration 
outside  of  the  office  at  the  rate  of  ten  cents  each,  the  claims 
for  which  shall  be  presented  to  and  allowed  by  the  board  of 
supervisors  as  other  claims  are  presented  and  allowed. 

2.  The  sheriff,  six  thousand  dollars  per  annum. 

3.  The  recorder,  two  thousand  two  hundred  fifty  dollars 
per  annum.  The  recorder  shall  collect  and  pay  into  the  county 
treasury  the  fees  required  by  law. 

4.  The  auditor  one   thousand   dollars  per  annum. 

5.  The  treasurer  two  thousand  dollars  per  annum. 

6.  The  tax  collector  one  thousand  dollars  per  annum. 

7.  The  assessor  four  thousand  two  nundred  and  fifty  dollars 
per  annum. 

8.  The  district  attorney,  two  thousand  two  hundred  fifty 
dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
hereafter  allowed  by  law.' 

10.  The  public  administrator,  such  fees  as  are  now,  or  may 
hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools,  eighteen  hundred  dollars 
per    annum,    including    services    on    board    of    education,      lie 

shall   be   allowed    his   actual   traveling    expenses   not   to    exe I 

three    hundred    dollars    per   annum;    he   shall    also    be    allowed 


Act  837,  §  1S5  COUNTY    GOVERNMENT.  26^ 

one  deputy  whose  salary  shall  be  fifty  dollars  per  month,  pay- 
able the  same  as  the  salaries  of  county  officers;  provided,  that 
he  shall  keep  his  office  open  from  9  o'clock  A.  M.  to  5  o'clock 
P.  M.  of  each  business  day. 

12.  The  surveyor  shall  receive  a  per  diem  of  ten  dollars 
for  all  work  performed  for  the  county,  and  in  addition  thereto, 
all  necessary  expenses  and  transportation  on  work  performed 
in  the  field. 

13.  The  justices  of  the  peace,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law;  provided,  tbat  the  amount  al- 
lowed by  the  board  of  supervisors  for  services  in  prosecutions 
under  section  six  hundred  and  forty-seven  of  the  Penal  Code, 
and  prosecutions  for  fraudulently  evading  or  attempting  to 
evade  the  payment  of  fare  for  traveling  on  any  railroad,  shall 
not  exceed  twenty  dollars  for  any  one  month ;  provided,  further, 
that  the  amount  allowed  by  the  board  of  supervisors  for  ser- 
vices in  prosecutions  of  misdemeanor  cases  other  than  those 
hereinbefore  specified  in  this  subdivision,  shall  not  exceed  the 
sum  of  thirty  dollars  for  any  one  month. 

14.  The  constable  shall  receive  the  following  fees,  to  wit: 
for  serving  summons  and  complaint,  for  each  defendant  served, 
one  dollar;  for  each  copy  of  summons  for  service  when  made 
by  him,  twenty-five  cents;  for  levying  writ  of  attachment  or 
execution  or  executing  order  of  arrest  or  for  the  delivery  of 
personal  property,  one  dollar;  for  keeping  personal  property, 
such  sum  as  the  court  may  order,  but  no  more  than  two  dollars 
per  day  shall  be  allowed  for  a  keeper  when  necessarily  em- 
ployed; for  taking  bond  or  undertaking,  fifty  cents;  for  copies 
of  writs  and  other  papers,  except  summons,  complaints  and 
subpoenas,  per  folio  ten  cents ;  provided,  that  when  correct 
copies  are  furnished  him  for  use,  no  charge  shall  be  made 
for  copies;  for  serving  any  writ,  notice  or  order,  except  sum- 
mons, complaints  or  subpoenas,  for  each  person  served,  fifty 
cents;  for  writing  and  posting  each  notice  of  sale  of  property, 
twenty-five  cents;  for  serving  subpoenas,  each  witness,  includ- 
ing copy,  twenty-five  cents;  for  collecting  money  on  execution, 
two  and  one-half  per  cent,  to  be  charged  against  the  defendant 
named  in  the  execution;  for  executing  and  delivering  certifi- 
cate of  sale,  one  dollar;  for  executing  and  delivering  consta- 
ble's deed,  two  dollars;  for  every  mile  necessarily  traveled  in 
his  township,  in  going  only,  to  serve  any  civil  or  criminal  pro- 
cess or  paper,  or  to  take  a  prisoner  before  a  magistrate  or  to 
prison,  twenty-five  cents;  outside  of  his  township,  but  within 
his  county,  twenty  cents;  but  when  two  or  more  persons  are 
served  or  summoned  in  the  same  suit  and  at  the  same  time, 
mileage  shall  be  charged  only  for  the  more  distant  if  they  live 


263  COUNTY    GOVERNMENT.  Act  837,  §  186 

in  the  same  direction;  for  each  mile  necessarily  traveled  out- 
side of  his  county  in  making  criminal  arrests,  both  going  and 
returning  from  place  of  arrest,  ten  cents;  in  transporting  pris- 
oners to  the  county  jail,  or  before  a  magistrate,  either  upon 
arrest  or  for  trial  or  examination,  or  after  conviction,  he  shall 
receive  in  addition  to  the  above  mileage,  his  actual  and  neces- 
sary expenses  for  himself  and  prisoner;  provided,  that  where 
two  or  more  prisoners  are  transported  at  the  same  time,  no  more 
than  one  mileage  shall  be  alfowod;  for  making  each  arrest  in 
criminal  cases,  one  dollar  and  fifty  cents ;  for  sales  of  estrays, 
the  same  fees  as  for  sales  on  execution;  for  summoning  a  jury, 
two  dollars,  including  mileage;  for  all  other  services,  the  same 
fees  as  are  allowed  sheriffs  for  like  services;  provided  further, 
that  no  more  than  sixty  dollars  shall  be  allowed  to  any  con- 
stable in  counties  of  this  class  in  any  one  month  for  fees  and 
mileage  in  criminal  matters. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to 
and  from  the  county  seat ;  provided,  such  mileage  shall  not 
be  allowed  more  than  once  a  month ;  and  for  his  services 
as  road  commissioner,  he  shall  receive  twenty  cents  per  mile 
one  way  for  all  distances  actually  and  necessarily  traveled 
by  him  in  the  performance  of  his  duties;  provided,  he  shall 
not  In  any  one  year  receive  more  than  three  hundred  dol- 
lars as  such  road  commissioner. 

16.  In  counties  of  this  class  grand  jurors  and  jurors  in  the 
superior  court  shall  receive  for  each  day's  attendance  the 
sum  of  three  dollars,  and  for  each  mile  actually  and  neces- 
sarily traveled  from  their  residence  to  the  county  seat,  the 
sum  of  twenty-five  cents;  such  mileage  to  be  allowed  but 
once  during  each  session  such  jurors  are  required  to  attend. 
[Amendment  approved  March  20,  1905;  Stats.  1905,  p.  371. 
In   effect   in   sixty   days.] 

Sec.  186.  In  counties  of  the  twenty-ninth  class  the 
county  officers  shall  receive,  as  compensation  for  the  services 
required  of  them  by  law  or  by  virtue  of  their  offices,  the 
following    salaries,    to    wit: 

The  county  clerk,  two  thousand  two  hundred  and  fifty 
($2250)  dollars  per  annum,  and  when  a  new  great  register 
of  voters  is  ordered,  he  shall  receive  in  addition,  fifteen 
(15)  cents  per  name  for  each  voter  registered,  which  shall 
be  in  full  for  all  services  required  in  registering  voters  and 
making  the  great  register;  provided,  that  in  counties  of  this 
class  there  shall  be  and  is  hereby  allowed  to  the  county 
clerk,  a  deputy,  who  shall  be  appointed  by  said  county  clerk, 


Act  £37.  §  1S6  COUNTY     GOVERNMENT.  26* 

wlio  shall  be  paid  a  salary  of  seventy-five  dollars  ($75)  per 
nimitl),  said  salary  to  be  paid  by  said  county  in  monthly  in- 
stallments at  the  same  time  and  in  the  same  manner  and  out 
of  the  same  fund,  as  the  salary  of  the  county  clerk  is  paid. 

2.  The  sheriff,  four  thousand"  five  hundred  dollars  ($4500) 
per  annum;  and,  also  all  fees  for  services  of  papers  in  ac- 
tions arising  outside  of  his  county. 

3.  The  recorder,  two  thousand  one  hundred  dollars  ($2100) 
per   annum. 

4.  The  auditor,  one  thousand  two  hundred  dollars  ($1200) 
per   annum. 

5.  The  treasurer,  two  thousand  one  hundred  dollars 
($2100)    per   annum. 

6.  The  tax   collector,  one  thousand   ($1000)    per   annum. 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500) 
per  annum;  and  also  such  fees  and  commissions  as  are  al- 
lowed   by    law. 

8.  The  district  attorney,  two  thousand  four  hundred  dol- 
lars   ($2400)    per   annum. 

9.  The  superintendent  of  schools,  two  thousand  one  hun- 
dred dollars  ($2100)  per  annum  and  actual  traveling  ex- 
penses   when    visiting   the   schools   of   his   county. 

10.  The  eenmer,  such  fees  as  are  now  or  may  be  hereafter 
allowed    by   law. 

11.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereaf- 
ter allowed   by   law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  he 
hereafter  allowed  by   law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law,  and  in  addition  thereto  three  dollars  ($:'>) 
per  day  for  each  day's  actual  attendance  in  court  during 
a  jury  trial  therein  or  a  preliminary  examination  for  felony; 
provided,  that  no  constable  shall  receive  more  than  three  dol- 
lars ($3)  for  any  one  day's  attendance  on  any  court. 

15.  Each  supervisor,  fifty  dollars  ($50)  per  month  and 
mileage  at  the  rate  of  ten  cents  per  mile  for  traveling  to 
and  from  his  residence  to  the  county  seat  at   each   session. 

16.  Each  member  of  the  board  of  education,  including  the 
secretary,  five  dollars  ($5)  per  day  when  the  board  is  in 
session,  and  ten  cents  per  mile  fit  traveling  to  and  from  his 
or  her  residence  to  the  county  seat  at  ■  ,vh  session,  unless 
otherwise    provided    for    by     law.      LAmeudinent     approved 


264a  COUNTY    GOVERNMENT.  Act  837,  §  1S7 

March  20,  1905;   Stats.   1905,  p.  299.     In   effect   on  the   first 
Monday   after   the   first   clay   of   January,   1907.] 

Sec.  187.  In  counties  of  the  thirtieth  class  the 
county  officers  shall  receive  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices 
the   following  salaries,   to   wit: 

1.  The   county   clerk,   three    thousand    dollars   per    annum. 

2.  The  sheriff,  five  thousand  seven  hundred  dollars  per 
annum.  Also,  the  following,  to  be  audited  and  paid  as 
other  county  charges:  For  every  mile  necessarily  traveled 
in  executing  any  warrant  of  arrest,  twenty-five  cents  per 
mile;  for  taking  prisoners  to  magistrate  or  jail,  the  actual 
cost  of  such   transportation. 

3.  The  recorder,  three  thousand  dollars  per  annum,  which 
shall  be  in  full  for  all  services. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per 
annum. 

5.  Tax  collector,  two   thousand   dollars  per  annum. 

6.  Assessor,  three  thousand  two  hundred  dollars  per  an- 
num. 

7.  The  treasurer,  one  thousand  six  hundred  dollars  per 
annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dol- 
lars   per   annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed   by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  be   allowed   by   law. 

11.  The  superintendent  of  schools,  two  thousand  five  hun- 
dred dollars  per  annum,  which  shall  be  in  full  for  all  ser- 
vices performed,  including  the  visiting  of  the  schools  of  his 
county;  provided,  that  he  may  receive  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  services  as  a  mem- 
ber  of    the    county   board    of    education. 

12.  The  county  surveyor  shall  receive  one  thousand  eight 
hundred  dollars  per  annum,  and  the  necessary  cost  of  trans- 
portation to  and  from,  and  necessary  expenses  while  in  the 
field   when   engaged   on   public    work. 

13.  For  the  purpose  of  regulating  the  compensation  of 
justices  of  the  peace,  townships  in  this  class  of  counties 
are  hereby  classified  according  to  their  population  as  shown 
by  the  federal  census  of  one  thousand  nine  hundred,  as  fol- 
lows: 

Townships  having  a  population  of  four  thousand  or  more, 
shall  belong  to  and  be  known  as  townships  of  the  first  class; 


Act  S37,  §  187  COUNTY    GOVERNMENT.  Kit) 

townships  having  a  population  of  two  thousand  and  less 
than  four  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  second  class;  townships  having  a  population 
of  one  thousand  and  less  than  two  thousand  shall  belong 
to  and  be  known  as  townships  of  the  third  class;  townships 
having  :i  population  of  over  five  hundred  and  less  than  one 
thousand  shall  belong  to  and  be  known  as  townships  of  the 
fourth  class;  and  townships  having  a  population  of  less 
than  five  hundred  shall  belong  to  and  be  known  as  town- 
ships of   the  fifth  class. 

Justices  of  the  peace  shall  receive  the  following  salaries, 
which  shall  be  paid  monthly,  in  the  same  manner  such 
salaries  of  county  officers  are  paid,  and  shall  be  in  full  of 
all  services  rendered  by  them  in  Criminal  cases;  provided, 
however,  that  if  two  justices  nf  the  r>eaoe  shall  be  elected 
and  qualify  in  any  township,  then  the  said  justices  shall 
each  receive  one-half  (%)  of  the  salary  herein  provided  for. 

Tn    townships   of   the   first   class,   seventy   dollars; 

In   townships   of   the   second    class,    sixty    dollars; 

Tn   townships  of   the   third   class,   forty   dollars; 

Tn  townships  of  the   fourth  class,   twenty  dollars; 

Tn  townships  of  the  fifth  class,  ten  dollars;  provided,  that 
each  justice  of  the  peace  shall,  before  receiving  his  monthly 
salary,  file  with  the  auditor  a  statement  of  all  fines  re- 
ceived, together  with  the  treasurer's  receipt  for  the  same. 
Tn  addition  to  the  monthly  salaries  herein  allowed,  each 
justice  of  the  peace  may  receive  and  retain  for  his  own 
use  such  fees  as  are  now  or  may  hereafter  be  allowed  by 
law,  for  all  services  rendered  by  him  in  civil  actions. 

14.  For  the  purpose  of  regulating  the  salaries  of  con- 
si  ibli  8,  townships  in  this  class  of  counties  are  hereby  class- 
ifi(  d  according  to  their  population  as  shown  by  the  federal 
census  of  one  thousand  uine  hundred,  as  follows:  Town- 
shins  having  a  population  of  four  thousand  or  more  shall 
b<  long  to  and  be  known  as  townships  of  the  first  class; 
townships  having  a  population  of  two  thousand  and  less 
than  four  thousand  shall  belong  to  and  be  known  as  town- 
ships of  the  second  class;  townships  having  a  population 
of  one  thousand  and  less  than  two  thousand  shall  belong 
to  and  be  known  as  townships  of  the  third  class;  townships 
having  a  [  opulation  of  over  five  hundred  and  less  than 
one  thousand  shall  belong  to  and  be  known  as  townships 
of  the  fourth  class;  and  townships  having  a  population  of 
less  than  five  hundred  shall  belong  to  and  be  known  as 
townships   of    the   fifth   class.     Constables   shall    receive   the 


264c  COUNTY    GOVERNMENT.  Act  837,  §  187 

following  salaries,  which  shall  be  paid  monthly,  in  the  same 
manner  as  such  salaries  of  county  officers  are  paid,  and  shall 
be  in  full  of  all  services  rendered  by  them  in  criminal  cases; 
provided,  hoivever,  that  if  two  constables  shall  be  elected 
and  qualify  in  any  township,  then  each  of  the  said  con- 
stables shall  each  receive  one-half  (Yo)  of  the  salary  herein 
provided   for: 

In   townships   of   the   first    class,    eighty   dollars; 

In   townships   of   the   second   class,   seventy   dollars; 

In   townships   of   the   third   class,  fifty  dollars; 

In    townships    of    the    fourth    class,    twenty-five    dollars; 

In    townships    of    the    fifth    class,    ten    dollars. 

In  addition  to  the  monthly  salaries  herein  allowed,  eacl 
constable  may  receive  and  retain  for  his  own  use  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  rendered  by  him  in  civil  actions,  and  shall  also 
be  allowed  all  necessary  expenses  actually  incurred  in  ar- 
resting and  conveying  prisoners  to  court  or  to  prison,  which 
said  expenses  shall  be  audited  and  allowed  by  the  board  of 
supervisors   and  paid  out  of  the   county  treasury. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board 
is  in  session  and  twenty  cents  per  mile  for  traveling  from 
his  residence  to  the  county  seat.  For  his  services  as  road 
commissioner,  three  hundred  dollars  per  annum,  payable  in 
monthly  installments. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking 
notes  in  all  civil  and  criminal  causes  and  proceedings  in 
saiil  court,  and  for  taking  notes  of  the  proceedings  and 
testimony  at  all  coroner's  inquests  in  the  county,  and  for 
taking  cotes  of  the  testimony  and  proceedings  in  all  ex- 
aminations before  committing  magistrates,  and  for  taking 
notes  if  the  testimony  and  proceedings  of  cases  and  com- 
missions for  the  examination  of  persons  charged  with  be- 
ing of  unsound  mind,  a  monthly  salary  of  one  hundred  dol- 
lars, payable  out  of  the  county  treasury  at  the  same  time 
and  in  the  same  manner  as  the  salaries  of  county  officers; 
and  for  the  transcription  of  said  notes,  when  the  transcrip- 
tion thereof  is  required  by  law,  or  by  order  of  the  court, 
or  by  demand  of  an}'  party  to  the  suit  or  proceeding,  he 
shall  receive  the  sum  of  ten  cents  per  folio  for  the  original 
and  five  cents  per  folio  for  a  copy;  said  compensation  for 
transcription  in  all  criminal  cases  and  coroner's  inquests 
and  examinations  of  persons  charged  with  being  of  unsound 
mind,  to  be  audited  and  allowed  by  the  board  of  supervisors 


A.t  STJT,  §  1SS  COUNTI    GOVERNMENT  264d 

as  other  claims  against  the  county,  and  in  civil  cases  and 
proceedings  to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  when  and  in  such  proportions  as  the  court  may 
direct.  When  necessary  for  such  reporter  to  travel  away 
from  the  county  seat,  he  shall  receive  his  actual  and  neces- 
sary traveling  expenses,  to  be  allowed  and  paid  by  the 
board  of  supervisors  as  are  other  county  charges.  [Amend- 
ment approved  March  20,  1905;  Stats.  1905,  p.  310.  In  effect 
in  sixty   days.] 

Sec.  188.  In  counties  of  the  thirty-first  class,  the  county 
officer  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  three  thousand  dollars  per  annum, 
and  when  a  new  great  register  of  voters  is  ordered,  he 
shall  receive  five  hundred  dollars  additional,  which  shall 
be  in  full  for  all  services  required  in  registering  voters 
and  making  the  great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per 
annum. 

3.  The  recorder,  two  thousand  five  hundred  dollars  per 
annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  two  thousand  dollars  per  annum. 

ti.  The  tax  collector,  twelve  hundred  dollars  per  annum. 
7.  The  assessor,  three  thousand  dollars  per  annum. 
8!  The  district  attorney,  two  thousand  three  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be   hereafter  allowed  by  law. 

11  The  superintendent  of  schools,  one  thousand  six  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county. 

12  The  county  surveyor,  one  thousand  five  hundred  dol- 
lars per  annum,  "he  to  furnish  all  necessary  instruments;  but 
transportation  charges  for  field  work  shall  be  allowed  him. 
He.  shall  not  be  required  to  perform  county  work  more  than 


2C4e  COUNTY    GOVERNMENT.  Act  837,  §  1SS 

two    thirds   of   the   working   days   in   any   month   except   on 
payment  of  fees  now  allowed  by  law. 

13.  Justices  of  the  peace,  the  following  monthly  salaries, 
to  be  paid  each  month  as  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  crim- 
inal cases:  In  townships  having  a  population  of  twenty- 
five  hundred  and  more,  sixty-five  dollars.  In  townships  hav- 
ing a  population  of  fifteen  hundred  and  less  than  twenty- 
five  hundred,  forty  dollars.  In  townships  having  a  popula- 
tion of  one  thousand  and  less  than  fifteen  hundred,  twenty- 
five  dollars.  In  townships  having  a  population  of  less  than 
one  thousand,  ten  dollars.  Each  justice  must  pay  into  the 
county  treasury  once  a  month,  all  fines  collected  by  him. 
In  addition  to  the  monthly  salary  allowed  herein  each  jus- 
tice may  receive  for  his  own  use  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law,  for  all  services  performed 
n  -  him  in  civil  actions.  In  all  townships  having  a  population 
of  less  than  twenty-five  hundred  if  there  be  more  than  one 
TfrtrfWe\  the  oomppnsation  allowed  herein  shall  bo  equally 
divided  between  them  so  that  the  sum  total  of  their  monthly 
compensation  shall  not  exceed  the  salary  allowed  herein  for 
a  single  justice  in  such  township. 

14.  Constables,  the  following  salaries,  which  shall  be  paid 
monthlv  as  salaries  of  county  officers  are  paid,  and  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases, 
to  wit:  In  townships  having  a  population  of  twenty-five 
hundred  or  more,  seventy  dollars.  In  townships  having  a 
population  of  fifteen  hundred  and  less  than  twenty-five  hun- 
dred, forty-five  dollars.  In  townships  having  a  population 
of  one  thousand  and  less  than  fifteen  hundred,  thirty  dollars; 
in  townships  having  a  population  of  less  than  one  thousand, 
fifteen  dollars.  In  addition  to  the  monthly  salary  allowed 
herein  each  constable  may  receive  and  retain  for  his  own 
use,  such  fees  as  are  now  or  may  hereafter  be  allowed 
by  law  for  all  the  services  performed  by  him  in  civil  actions. 
In  all  townships  having  a  population  less  than  twenty-five 
hundred,  if  there  be  more  than  one  constable,  the  compensa- 
tion herein  allowed  shall  be  equally  divided  between  them 
so  that  the  sum  total  of  their  monthly  compensation  shall 
not  exceed  the  salary  allowed  herein  for  a  single  constable 
in  such  township.  The  board  of  supervisors  shall  during 
each  and  every  year,  ascertain  and  determine  the  population 


Act  837.  §  1S9  COUNTY    GOVERNMENT.  261f 

of  the  several  townships  of  the  county  for  the  purposes  of 
ascertaining  the  compensation  of  township  officers  regulated 
by  this  section,  in  proportion  to  their  duties. 

15.  Each  supervisor,  five  hundred  dollars  per  annum  and 
his  necessary  expenses  when  attending  to  the  business  of 
his  county,  other  than  the  meetings  of  the  board,  and 
thirty  cents  per  mile  in  going  from  his  residence  to  the 
county  seat  at  each  meeting  of  the  board,  and  three  hun- 
dred dollars  per  annum,  payable  quarterly,  for  services  as 
load  commissioner. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  tried  in  said  court,  and, 
when  requested  by  the  district  attorney,  in  preliminary 
examinations  and  inquests,  a  monthly  salary  of  one  hundred 
dollars,  payable  out  of  the  courty  treasury  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  county  offi- 
cers; and  for  transcription  of  said  notes,  when  required, 
he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  orig- 
inal and  five  cents  per  folio  for  the  copy;  said  compensation 
for  transcriptions  in  criminal  cases,  preliminary  examina- 
tions, and  inquests,  to  be  audited  and  allowed  by  the  board 
of  supervisors  as  other  claims  against  the  county,  and  paid 
out  of  the  county  treasury,  and  in  civil  cases  to  be  paid  by 
the  party  ordering  the  same,  or,  when  ordered  by  the  judge, 
by  either  party,  or  jointly  by  both  parties,  as  the  court  may 
direct. 

17.  Subdivisions  twelve  and  fifteen  of  this  section  shall 
take  effect  immediately.  [Amendment  approved  March  23, 
1901.  Stats.  1901,  757.  In  effect  partly  immediately  and 
partly   12  M.  on  the  first  Monday  after  January  1,  1903.] 

Sec.  189.  In  counties  of  the  thirty-second  class,  the 
county  officers  shall  receive  as  compensation  for  the  services 
required  of  them  by  law,  or  by  virtue  of  their  office,  the 
following  salaries,  to  wit: 

1  The  county  clerk,  three  thousand  dollars  per  annum, 
and  in  any  year  when  a  new  great  register  of  voters  is  re- 
quired  by   law,   he   shall   receive   five   hundred   dollars   addi- 


265  COUNTY     GOVERNMENT.  Act  837,  §  189 

tional  for  said  year,  which  shall  be  in  full  for  all  ser- 
vices required  in  registering  voters  and  making  such  new 
great  register. 

2.  The  sheriff,  four  thousand  five  hundred  dollars  per  an- 
num, and  mileage  at  the  rate  of  twenty-five  cents  per  mile 
necessarily  traveled  in  going  only. 

3.  The  recorder,  three  thousand  five  hundred  dollars  per 
annum. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per 
annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum. 

7.  The  assessor,  four  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  four  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  aB  are  now  or  may  be  hereafter 
allowed    by    law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county. 

12.  The  surveyor  shall  receive  one  thousand  six  hundred 
dollars  per  annum  for  all  work  performed  for  the  county, 
and  in  addition  thereto,  actual  traveling  and  other  neces- 
sary expenses  incurred  in  connection  with  field  work;  pro- 
vided, that  whenever  the  surveyor  is  directed  by  the  asses- 
sor to  plat,  trace,  or  otherwise  prepare  maps,  plats,  or  block 
books  for  the  use  of  the  county  assessor,  he  shall  be  al- 
lowed only  the  actual  cost  of  preparing  the  same. 

13.  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  salaries  of  the 
county  officers  are  paid,  which  shall  be  in  full  for  all  ser- 
vices rendered   by  them  in  criminal  cases: 


Act  837,  §  ISO  COUNTY    GOVERNMENT.  28C 

In  townships  having  a  population  of  three  thousand  five 
hundred  or  more,  seventy-five  dollars  per  month.  In  town- 
ships having  a  population  of  not  less  than  two  thousand  nor 
more  than  three  thousand  five  hundred,  seventy  dollars  per 
month.  In  townships  having  a  population  of  not  less  than 
twelve  hundred  nor  more  than  two  thousand,  fifteen  dollars 
per  month.  In  all  townships  having  a  population  of  less 
than  twelve  hundred,  ten  dollars  per  month.  In  addition 
to  the  above  salary  each  justice  of  the  peace  shall  collect 
and  retain  for  his  own  use  and  benefit  in  civil  cases,  such 
fees  as  are  now  or  may  be  hereafter  allowed  by  law,  and 
shall  also  collect  and  retain  for  his  own  use  such  fees  as 
are  now  or  may  be  hereafter  allowed  by  law  for  services 
rendered  by  him  as  coroner,  when  acting  as  such. 

14.  Constables  shall  receive  the  following  monthly  sala- 
ries, to  be  paid  each  month  as  salaries  of  the  county  officers 
are  paid,  which  shall  be  in  full  for  all  services  rendered  by 
them  in  criminal  cases:  In  townships  having  a  population 
of  three  thousand  five  hundred  or  more,  seventy-five  dollars 
per  mouth.  In  townships  having  a  population  of  not  less 
than  two  thousand  nor  more  than  three  thousand  five  hun- 
dred, seventy  dollars  per  month.  In  townships  having  a 
population  of  not  less  than  twelve  hundred  nor  more  than 
two  thousand,  fifteen  dollars  per  month.  In  all  townships 
having  a  population  of  less  than  twelve  hundred,  ten  dol- 
lars per  month.  In  addition  to  the  monthly  salary  allowed 
herein,  each  constable  may  collect  and  retain  for  his  own 
use  such  fees  as  are  now  or  may  be  hereafter  allowed  by 
law  for  all  services  performed  by  him  in  civil  actions;  and 
he  shall  also  be  allowed  his  actual  and  necessary  expenses 
incurred  iu  executing  any  warrant  outside  of  his  county  is- 
sued by  a  magistrate  or  justice  of    his  county. 

Constables  shall  also  be  allowed  all  necessary  expenses 
actually  incurred  in  arresting  and  conveying  prisoners  to 
the  county  jail,  which  said  expense  shall  be  auelited  and  al- 
lowed by  the  board  of  supervisors,  and  paid  out  of  the 
county   treasury. 


2W  COUNTY    GOVERNMENT.  Act  837,  §  183 

15.  Each  number  of  the  board  of  education  shall  receive 
five  dollars  per  day  as  compensation  for  his  services  when 
in  actual  attendance  upon  said  board,  and  mileage  at  the 
rate  of  twenty-five  cents  per  mile,  one  way  only,  from  his 
residence  to  the  place  of  meeting  of  said  board.  ,  The  secre- 
tary of  said  board  of  education  shall  receive  five  dollars 
per  day  for  his  services  for  the  actual  time  that  the  board 
may  be  in  session.  Said  compensation  of  the  members  of 
said  board,  and  of  said  secretary  shall  be  paid  out  of  the 
same  fund  as  the  salary  of  the  superintendent  of  schools 
is  paid.  Claims  for  such  services  and  mileage  shall  be  pre- 
sented to  the  board  of  supervisors,  and  shall  be  allowed  at 
the  rate  above  named,  in  the  same  manner  as  other  claims 
against  the  county  are  allowed.  The  compensation  of  the 
members  of  the  county  board  of  education,  herein  provided 
is  not  in  addition  to  that  provieled  in  section  one  thousand 
seven  hundred  and  seventy  of  the  Political  Code. 

16.  Each  supervisor,  nine  hundred  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to 
the  county  seat;  provided,  that  when  a  supervisor  is  also 
road  commissioner,  he  shall  receive,  in  addition  to  the 
twenty  cents  per  mile  allowed  to  him  by  law  as  such  road 
commissioner  his  actual  traveling  expenses,  the  total  mileage 
and  expenses  not  in  any  one  year  to  exceed  the  sum  of  three 
hundred  dollars.  [Amendment  approved  March  20,  1905; 
Stats.  1905,  p.  358.  In  effect  on  the  first  Monday  after 
January  1st.  19U7.] 


Act  837,  §190  COUNTY    GOVERNMENT.  8fiS 

Sec.  190.  In  counties  of  the  thirty-third  (33)  class, 
the  county  officers  shall  receive,  as  compensation  for  the 
r  rvices  required  of  them  by  law  or  by  virtue  of  their  office, 
the   following   salaries,   to   wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars 
($1500)    per   annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  ($3500) 
per  annum,  and  a  jailer  at  fifty  dollars  ($50)  per  month,  to 
be  paid  out  of  the  county  treasury;  provided,  the  sheriff 
shall  also  receive  for  his  own  use  and  benefit  his  necessary 
expenses  in  all  criminal  cases,  to  be  allowed  as  other  county 
charges  are  allowed  by  law;  and,  providi-d  further,  that  the 
sheriff  shall  also  receive  for  his  own  use  and  benefit,  the 
mileage,  fees  and  commissions  for  all  services  of  all  papers 
whatsoever  issued  by  any  court  of  the  state  outside  of  his 
own   county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  ($1500) 
per  annum. 

4.  The   auditor,  one   thousand   dollars    ($1000)   per  annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars 
($1500)   per  annum. 

6.  The  tax  collector,  twelve  hundred  dollars  ($1200)  per 
annum  and  ten  per  cent  of  all  licenses  collected  by  him;  and 
a  deputy,  at  four  dollars  ($4)  per  day  for  not  more  than  one 
hundred  (100)  days  in  any  one  year,  to  be  paid  out  of  the 
county  treasury. 

7.  The  assessor,  two  thousand  five  hundred  dollars  ($2500) 
per  annum  and  two  deputies  at  a  salary  of  five  dollars  ($5) 
each  per  day  for  not  more  than  one  hundred  (100)  days  in 
any  one  year,  and  two  deputies  additional,  at  a  salary  of 
five  dollars  ($5)  each  per  day  for  not  more  than  fifty  (50) 
days  in  any  one  year;  such  deputies  to  be  paid  out  of  the 
county  treasury. 

8.  The  district  attorney,  two  thousand  dollars  ($2000)  per 
annum  and  necessary  traveling  expenses  to  be  allowed  by 
the  board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  bv  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
($1500),  per  annum,  and  actual  traveling  expenses,  when 
visiting  the  schools  of  his  county. 


2€9  COUNTY    GOVERNMENT.  Act  837,  s  V* 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law;  provided,  he  shall  be  given  all  work 
for  the  county  in  which  the  county  employs  one  surveyor  or 
civil  engineer. 

13.  In  counties  of  this  class,  the  township  officers  shall 
receive  the  following  compensations,  to  wit:  In  townships 
having  a  population  of  over  four  thousand  (4"00),  justices 
of  the  peace  shall  receive  a  monthly  salary  of  sixty  ($60) 
dollars  per  month,  and  constables  a  monthly  salary  of  sixty- 
five  dollars  ($65)  per  month.  The  above  named  salaries 
shall  be  in  full  compensation  for  all  services  of  said  justices 
of  the  peace  and  constables  in  criminal  cases,  but  said  jus- 
tices of  the  peace  and  constables  may  retain  for  their  own 
use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  twenty- 
seven  hundred  (2700),  and  not  exceeding  four  thousand 
(4000),  justices  of  the  peace  shall  receive  a  monthly  salary 
of  thirty  dollars  ($30)  per  month,  and  constables  a  monthly 
salary  of  forty  dollars  per  month.  The  above  named  sal- 
aries shall  be  in  full  compensation  for  all  services  of  said 
justices  of  the  peace  and  constables  in  criminal  cases,  but 
said  justices  of  the  peace  and  constables  may  retain  for 
their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townships  having  a  population  of  more  than  two  thou- 
sand (2000)  and  less  than  twenty-seven  hundred  (2700), 
justices  of  the  peace  shall  receive  a  monthly  salary  of 
twenty-five  dollars  ($25)  per  month  and  constables  a  monthly 
salary  of  thirty-five  dollars  ($35)  per  month.  The  above 
named  salaries  shall  be  in  full  compensation  for  all  services 
of  said  justices  of  the  peace  and  constables  in  criminal 
cases,  but  said  justices  of  the  peace  and  constables  may  re- 
tain for  their  own  use  the  fees  allowed  by  law  in  civil  cases. 

In  townshir  having  a  population  of  less  than  two  thou- 
sand (2000),  justices  of  the  peace  shall  receive  a  monthly 
salary  of  twenty  dollars  ($20)  per  month  and  constables  a 
monthly  salary  of  twenty-five  dollars  ($25)  per  month.  The 
above  named  salaries  shall  be  in  full  compensation  for  all 
services  of  said  justices  of  the  peace  and  constables  in  crim- 
inal cases,  but  said  justices  of  the  peace  and  constables 
may  retain  for  their  own  use  the  fees  allowed  by  law  in  civil 
cases;  provided,  that  where  a  constable  shall  be  required  to 
travel  outside  of  his  own  township,  in  serving  or  executing 
a  warrant  of  arrest  or  any  other  paper  in  a  criminal  case, 
he  shall  be  allowed,  ii-   addition  to   the   salary  hereinbefore 


Act  §57,  §  191  COUNTY   GOVERNMENT.  2?C 

provided,  his  .actual  expenses  incurred  in  serving  or  execut- 
ing the  same,  to  be  allowed  by  the  board  of  supervisors;  for 
transporting  prisoners  to  the  county  jail,  the  actual  ex- 
penses of  such  transportation;  and  provided  further,  that  for 
the  purpose  of  this  act,  the  population  of  the  several  town- 
ships shall  be  ascertained  by  multiplying  the  number  of 
registered  voters  at  the  last  general  election  ol*  each  town- 
ship, by  five.  In  addition  to  the  above  salaries  allowed 
said  justices  of  the  peace  and  constables  for  their  services 
in  criminal  cases,  they  may  retain  for  their  own  use  the 
fees    allowed    by   law    in    civil    cases. 

14.  Each  supervisor,  six  hundred  dollars  ($600)  per  an 
num  and  twenty  (20)  cents  per  mile  traveling  to  countv 
seat,  which  shall  be  in  full  compensation  for  all  services, 
both  as  supervisor  and  road  commissioner;  provided,  tha* 
in  case  the  said  supervisors  shall  not  serve  as  road  commis- 
sioners, the  salary  for  supervisor  shall  be  four  hundred  dol- 
lars   ($400)    per   annum. 

15.  For  attending  as  a  grand  juror,  or  a  trial  juror  in 
criminal  cases  only,  in  the  superior  court,  for  each  day's 
attendance,  three  (3)  dollars;  for  each  mile  actually  travelc 
otic  way  as  such  grand  juror,  or  trial  juroT  in  criminal  cases 
in  the  superior  court,  under  summons  or  order  of  the  court 
twenty-five  cents.  The  county  clerk  shall  certify  to  th* 
auditor  the  number  of  day's  attendance,  and  the  number  of 
miles  traveled  by  each  juror  and  the  auditor  shall  then  draw 
his  warrant  therefor  and  the  treasurer  shall  pay  the  same. 

16.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  so  far  as  it  relates  to  the  fees  and 
mileage  of  jurors  and  traveling  expenses  of  constables,  shall 
take  effect  immediately,  but  shall  not  affect  the  compensa- 
tion of  other  officers  during  the  present  term  of  office. 
[Amendment  approved  March  20,  1905.     Stats.  1905,  p.  376.] 

Sec.  191.  In  counties  of  the  thirty-fourth  class  the 
county  officers  shall  receive  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  four  hundred  dollars 
per  annum,  and  during  each  ye  r  in  which  a  general  elec- 
tion is  held  throughout  the  state  he  shall  in  addition  to 
said  salary  receive  each  month  for  the  months  of  August, 
September,  October  and  November,  one  hui  dred  dollars,  and 
the  same  shall  be  so  paid  from  the  same  fund  as  other  sala 
ries  are  paid. 


271  COUNTY    GOVERNMENT.  Act  837,  §  191 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the 
fees,  mileage  and  commissions  for  the  services  of  all  papers 
issued  by  any  court  of  the  state  outside  of  this  county. 
Also  his  actual  traveling  expense^  in  the  execution  of  a 
warrant  outside  of  his  county  issued  by  a  magistrate  or 
court  of  his   county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per 
annum;  provided,  that  such  recorder  shall  collect  and  pay 
into  the  county  treasury,  for  the  use  and  benefit  of  the 
county,  the  fees  required  by  law  to  be  so  collected;  and 
provided,  that  when  the  amount  of  said  fees  collected  shall 
amount  to  more  than  one  hundred  and  twenty-five  dollars 
in  any  month,  the  recorder  may  receive  and  retain  for  his 
own  use,  in  addition  to  his  salary,  all  fees  in  excess  of 
one  hundred  and  twenty-five  dollars,  and  not  exceeding  one 
hundred  and  seventy-five  dollars,  in  any  month  so  collected; 
so  that  the  amount  of  fees  thus  received  by  the  recorder 
for  his  own  use,  plus  the  salary,  shall  not  exceed  the  sum  of 
one  hundred  and  seventy-five  dollars  in  any  one  month. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  four  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per 
annum,  and   ten  per  cent  of  all  licenses  collected  by  him. 

7.  The  assessor,  twenty-six  hundred  dollars  per  annum; 
provided,  that  in  counties  of  this  cla . .  there  shall  be  one 
deputy  assessor,  who  shall  be  appointed  by  the  assessor  of 
said  county  ;m<l  who  shall  hold  office  trom  12  o'clock  merid- 
ian of  the  first  Monday  of  March  of  each  year  up  to  12 
o'clock  meridian  of  the  first  Monday  in  July  of  each  year. 
The  salary  of  said  deputy  assessor  herein  provided  for  is 
hereby  fixed  at  the  sum  of  one  hundred  dollars  per  month 
during  which  months  he  shall  hold  office  as  herein  provided, 
which  said  salary  shall  be  paid  by  said  county  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as 
is  the  salary  of  the  assessor. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  six  hundred  dollars  per  annum. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 


Act  S3",  §  191  COUNTY    GOVERNMENT.  272 

11.  The  superintendent  of  schools,  one  thousand  dollars 
per  annum,  and  actual  traveling  expenses  while  visiting 
the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law;  provided,  he  shall  be  given  all  work 
for  the  county  in  which  the  county  employs  a  surveyor  or 
civil  engineer;  and  provided  further,  that  it  shall  be  the 
duty  of  the  board  of  supervisors  of  counties  of  this  class 
to  so  employ  him. 

13.  Supervisors,  each  the  sum  of  six  hundred  dollars  per 
annum  for  all  services  performed  by  them,  as  supervisors, 
and  members  of  the  board  of  equalization  and  road  com- 
missioners; provided,  that  each  supervisor  shall  receive  ten 
cents  for  each  mile  traveled  by  the  ordinary  route,  in  going 
from  his  residence  to  the  county  seat  and  returning,  once 
during  each  month. 

14.  For  the  purpose  of  regulating  the  compensation  of 
justices  of  the  peace  and  constables,  townships  of  this  class 
or  counties  are  hereby  classified  according  to  their  popula- 
tion as  shown  by  the  federal  census  of  1900;  townships  hav- 
ing a  population  of  two  thousand  four  hundred  and  not 
over  four  thousand  shall  be  classified  as  townships  of  the 
first  class,  and  townships  having  a  population  of  less  than 
two  thousand  four  hundred  shall  belong  to  and  be  known  as 
townships    of    the    stcond    class. 

15.  In  townships  of  the  first  class,  justices  of  the  peace 
shall  receive  forty  dollars  a  month  to  be  paid  each  month 
nut  of  the  same  fund  and  at  the  same  time  as  the  county 
officers  are  paid,  and  which  sum  shall  be  in  full  compensa- 
tion for  ail  services  rendered  by  them  in  criminal  cases. 
Tn  townships  of  the  second  class,  justices  of  the  peace  shall 
receive  thirty  dollars  per  month  to  be  paid  each  month  out 
of  the  same  fund  and  at  the  same  time  as  the  county  officers 
are  paid  and  which  sum  shall  be  in  full  compensation  for 
all  services  rendered  by  them  in  criminal  cases. 

16.  Constables  in  counties  of  this  class  shall  receive  the 
following  monthly  salaries  to  be  paid  each  month  out  of 
the  same  fund  and  at  the  same  time  as  the  county  officers 
are  paid,  which  sum  shall  be  in  full  compensation  for  all 
services  rendered  by  them  in  criminal  cases,  the  same  to 
include  all  costs  of  transportation  of  all  prisoners  within 
the  county,  to  wit:  Constables  in  townships  of  the  first 
class    shall   receive   a   monthly   salary   of   sixty   dollars    per 


273  COUNTY    GOVERNMENT.  Act  837,  §  L91 

month,  and  constables  of  townships  of  the  second  class  shall 
receive  a  monthly  salary  of  forty  dollars  per  month.  Pro- 
vided further,  that  when  any  constable  is  required  to  go 
out  of  his  own  county  to  serve  a  warrant  of  arrest  or  any 
other  paper  in  a  criminal  case  he  shall  be  allowed  mileage 
both  going  and  coming,  outside  of  his  own  county,  at  the 
rate  of  ten  cents  per  mile,  but  shall  not  be  allowed  any 
sum  for  any  other  expenses. 

17.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  tak- 
ing notes  in  civil  and  criminal  cases  tried  in  said  court, 
such  fees  as  are  now  or  may  be  hereafter  provided  by  law; 
said  compensation  for  per  diem  and  transcription  in  crim- 
inal cases  to  be  audited  and  allowed  upon  a  written  order 
of  the  court,  and  paid  out  of  the  county  treasury,  and  in 
civil  cases  to  be  paid  by  the  party  ordering  the  same,  or, 
when  ordered  by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  as  the  court  may  direct. 

Jurors  and  witness  fees,  in  criminal  cases,  shall  be  as  fol- 
lows: 

18.  For  attending  as  a  grand  juror  or  a  trial  juror  in 
the  superior  court,  in  criminal  cases  only,  for  each  day's 
attendance,  per  day,  three  dollars,  for  each  mile  actually 
traveled  in  attending  court  as  sueh  juror  under  summons 
or  under  order  of  court,  in  criminal  cases,  in  going  only, 
per  mile,  twenty-five  cents  and  the  county  clerk  shall  cer- 
tify to  the  auditor  the  number  of  days'  attendance  and 
number  of  miles  traveled  by  each  juror,  and  the  auditor 
shall  then  draw  his  warrant  therefor  and  the  treasurer  shall 
pay  the  same. 

Witness  fees  shall  be  as  follows: 

19.  For  each  day's  actual  attendance,  when  legally  re- 
quired to  attend  upon  the  superior  court,  per  day,  one  dol- 
lar and  fifty  cents  in  criminal  cases.  Mileage  actually 
traveled,  one  way  only,  per  mile,  ten  cents;  provided,  how- 
ever, that  such  per  die:n  and  mileage  shall  only  be  allowed 
on  a  showing  to  the  court,  by  the  witness,  that  he  is  in 
indigent  circumstances  and  is  unable  to  bear  the  expense 
incident  to  attending  court,  while  required  so  to  do,  and 
that  such  per  diem  and  mileage  are  necessary  for  tne  ex- 
penses of  the  witness  in  attending;  and  the  court  shall  de- 
termine the  necessity  of  the  same,  and  shall  then  make  an 
order    directing    the    auditor    to  draw    his  warrant    on    the 

Gen.  Laws— 18 


Act  837,  §  192  COUNTY    GOVERNMENT.  Z7I 

county  treasurer  for  the  amount  allowed,  and  the  treas- 
urer shall  pay  the  same.  The  court  may  disallow  any  fee 
to  a  witness  unnecessarily  subpoenaed. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  so  far  as  the  same  relates  to  the  salary 
of  the  justices  of  the  peace  and  constables  and  the  com- 
pensation of  the  official  reporter  of  the  superior  court,  it 
shall  affect  and  apply  to  present  incumbents.  [Amendment 
approved  March   2U,   1905,     Stats.   1905,  p.  335.] 

Sec.  192.  In  counties  of  the  thirty-fifth  class,  the 
officers  shall  receive,  as  compensation  for  the  service  required 
of  them  by  law  or  by  virtue  of  their  office,  the  following  sal- 
aries, to  wit : 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per 
annum. 

2.  The  sheriff,  four  thousand  two  hundred  and  fifty  dol- 
lars per  annuum;  provided,  the  sheriff  shall  also  receive  for 
his  own  use  and  benefit  his  necessary  expenses  in  all  criminal 
cases,  to  be  allowed  as  other  county  charges  are  allowed  by  law; 
and,  provided  further,  that  the  sheriff  shall  also  receive  for 
his  own  use  and  benefit,  the  mileage,  fees,  and  commissions 
for  all  service  of  all  p  pers  whatsoever  issued  by  any  court  of 
the  state  outside  of  his  county. 

3.  The  recorder,  one  thousand  eight  hundred  dollars  per 
annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum;  pro- 
vided, as  license  collector,  he  shall,  in  addition,  be  entitled  to 
receive,  and  retain  for  his  own  use  and  benefit,  ten  per  cent 
on  all  licenses  collected  by  him. 

7.  The  assessor,  one  thousand  eight  hundred  dollars  per 
annum,  and  one  deputy  not  to  exceed  five  dollars  per  day  for 
not  more  than  one  hundred  and  twenty-five  days  in  any  year, 
and  one  field  deputy  not  to  exceed  five  dollars  per  day,  for  not 
more  than  one  hundred  and  twenty-five  days  in  any  one  year 
to  be  paid  out  of  the  county  treasury. 

8.  The  district  attorney,  one  thousand  eight  hundred  dol- 
lars per  annum;  provided,  he  may  charge  and  receive  for  his 
own  use  necessary  expenses  for  traveling  on  county  and  public 
business,  to  be  allowed  as  other  county  charges  are  allowed 
by  law. 


m  COUNTY    GOVERNMENT.  Act  837,  §  l!)J 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed   by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per  an- 
num, and  actual  traveling  expenses  when  visiting  the  schools 
of  his  county.  And  if  the  board  of  supervisors  provide  that 
he  shall  not  engage  in  teaching,  then  he  shall  receive  one 
thousand  two  hundred  dollars  per  annum,  and  traveling  ex- 
penses, not  to  exceed  three  hundred  dollars  per  annum,  which 
expenses  are  to  be  allowed  and  paid  as  a  county  charge. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law;  provided,  he  shall  be  given  all  work 
for  the  county  in  which  the  county  employs  one  surveyor  or 
civil  engineer. 

13.  In  counties  of  this  class  the  township  officers,  shall  re- 
ceive the  following  compensation,  to  wit: 

In  townships  having  a  population  of  three  thousand  or 
more,  justices  of  the  peace  shall  receive  a  monthly  salary  of 
forty  dollars  per  month,  and  constables  a  monthly  salary  of 
sixty  dollars  per  month. 

In  townships  having  a  population  of  more  than  twenty-two 
hundred  and  less  than  three  thousand,  the  justices  of  the 
peace  shall  receive  a  monthly  salary  of  thirty-five  dollars  per 
month,  and  constables  a  monthly  salary  of  fifty-five  dollars 
per  month. 

In  townships  having  a  population  of  more  than  eighteen 
hundred  and  less  than  twenty-two  hundred,  justices  of  the 
peace  shall  reeeive  a  monthly  salary  of  thirty  dollars  per 
month,  and  constables  a  monthly  salary  of  fifty  dollars  per 
month. 

In  townships  having  a  population  of  more  than  fourteen 
hundred  and  [not]  less  than  eighteen  hundred,  justices  of  the 
peace  shall  receive  a  monthly  salary  of  twenty-five  dollars  per 
month,  and  constables  a  monthly  salary  of  forty-five  dollars 
per  month. 

In  townships  having  a  population  of  less  than  fourteen  hun- 
dred, justices  of  the  peace  shall  receive  a  monthly  salary  of 
twenty-five  dollars  per  month,  and  constables  a  monthly  salary 
of  forty  dollars  per  month.  The  above  named  salaries  shall  be 
in  full  compensation  for  all  services  of  said  justices  of  the 
ppace  and  constables  in  criminal  cases-  nrovidel.  flint,  in  n,|_ 
dition  to  the  salary  herein  allowed,  each  constable  shall  be  paid 


Act  837,  §  193  COUNTY    GOVERNMENT.  276 

out  of  the  treasury  of  the  county  for  traveling  expenses  outside 
of  his  township,  for  service  of  a  warrant  of  arrest  or  any  other 
paper  in  a  criminal  case,  such  fees  as  they  are  now  or  may  be 
hereafter  allowed  by  law,  for  transporting  prisoners  to  the 
county  jail,  the  actual  expenses  of  such  transportation;  and, 
provided  further,  that  for  the  purpose  of  this  act,  the  popula- 
tion of  the  several  townships,  shall  be  ascertained  by  multi- 
plying the  number  of  registered  voters  at  the  last  general  elec- 
tion by  five.  But  said  justices  of  the  peace  and  constables 
may  retain  for  their  own  use,  the  fees  allowed  by  law  in 
civil  cases. 

14.  Each  supervisor,  four  hundred  dollars  per  annum,  and 
ten  cents  per  mile  for  traveling  to  and  from  his  residence  to 
the  county  scat  at  each  session;  and,  unless  otherwise  provided 
by  law,  when  serving  as  road  commissioner,  three  dollars  per 
day.  But  he  shall  not  in  any  one  year  receive  more  than 
three  hundred  dollars  for  services  as  such  road  commissioner. 

15.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed.  [Amendment  approved  March  18,  1903; 
Stats.  1003,  200.     In  effect  immediately.] 

Sec.  193.  In  counties  of  the  thirty-sixth  class,  the  county 
officers  shall  receive  as  compensation  for  the  services  required 
of  them  by  law,  or  by  virtue  of  their  office,  the  following  salar- 
ies, to  wit: 

1.  The  county  clerk,  twenty-two  hundred  dollars  per  annum. 

2.  The  sherifi",  forty-five  hundred  dollars  per  annum. 

3.  The  recorder,  three  thousand  dollars  per  annum. 

4.  The  auditor,  one  thousand  dollars  per  annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and 
5  per  cent  on  all  licenses  collected  by  him  as  license  collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per  annum. 

8.  The  district  attorney,  one  thousand  eight  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed   by  law. 

11.  The  superintendent  of  schools,  one  thousand  five  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county. 


27?  COUNTY   GOVERNMENT.  Act  837,  §  li>4 

12.  The  surveyor,  one  thousand  five  hundred  dollars  per  an- 
num, which  shall  be  in  full  for  all  services  required  of  him 
by  the  superior  court  or  the  board  of  supervisors;  provided, 
that  he  shall  be  entitled  to  receive  from  the  county  his  actual 
expenses  incurred  in  the  performance  of  any  order  of  the  court 
or  the  board  of  supervisors;  provided  further,  that  whenever 
the  surveyor  is  directed  by  the  board  of  supervisors  to  plat, 
trace  or  otherwise  prepare  maps,  plats  or  block  books  for  the 
use  of  the  county  assessor,  he  shall  be  allowed  only  the  actual 
cost  of  preparing  the  same. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  supervisor,  seven  hundred  and  fifty  dollars  per  an- 
num, which  shall  be  in  full  for  all  services  as  supervisor  and 
road  commissioner  for  each  year.  Said  salary  of  seven  hun- 
dred and  fifty  dollars  shall  be  payable  monthly.  [Amendment 
approved  March  20,  1905;  Stats.  1905,  p.  365.  In  effect  in 
sixty  days.] 

See.  194.  In  counties  of  the  thirty-seventh  class,  the 
county  officers  shall  receive  as  compensation  for  their  services 
required  of  them  by  law,  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  twenty-five  hundred  dollars,  per  annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  one 
jailer  at  a  salary  of  nine  hundred  dollars  per  annum. 

3.  The  recorder,  eighteen  hundred  dollars  per  annum. 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  two  thousand  dollars  per  annum,  which 
shall  be  in  full  for  all  services  as  tax  collector  and  as  license 
collector. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
provided  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  be  provided  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
per  annum. 


Act  837,  §  195  COrNTY   GOVERNMENT.  273 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter 
be  provided  by  law. 

13.  Each  supervisor  shall  receive  for  compensation  five 
dollars  per  day  for  all  services  performed  as  supervisor  and 
member  of  the  hoard  of  equalization,  not  to  exceed  the  sum 
of  four  hundred  dollars  per  annum;  also,  three  dollars  per 
day  for  each  day  actually  engaged  in  performing  the  duties 
of  road  commissioner,  not  to  exceed  three  hundred  dollars 
per  annum.  The  supervisors  of  counties  of  this  class  shall 
be  elected  from  their  respective  supervisorial  districts  at  tin- 
next  general  election  as  follows,  to  wit:  The  term  of  office 
of  the  supervisors  elected  from  the  first  and  third  supervis- 
orial districts  shall  expire  in  two  years  from  such  general 
election  and  the  term  of  office  of  the  supervisors  elected 
from  the  second,  fourth,  and  fifth  supervisorial  districts  shall 
terminate  in  four  years  from  such  general   election. 

14.  In  counties  of  this  class,  the  township  officers  shall 
reeeive  the  following  compensation,  to  wit:  In  townshii  .? 
having  a  population  of  four  thousand,  justices  of  the  peace 
shall  receive  a  monthly  salary  of  seventy-five  dollars;  and 
constables  a  monthly  salary  of  seventy-five  dollars.  The 
above-nameil  s.il.irus  shall  be  in  full  compensation  for  all 
services  of  said  justices  of  the  peace  and  constables  in  crim- 
inal cases;  they  may  also  retain  for  their  own  use  all  other 
fees,  except  those  in  criminal  cases,  as  are  now  or  may  here- 
after be  provided  by  law.  In  townships  having  a  popula- 
tion of  less  than  four  thousand,  each  justice  of  the  peace  and 
each  constable  shall  receive  as  compensation  for  his  services 
such  fees  as  are  now,  or  may  hereafter  be,  provided  by  law. 
[Amendment  approved  March  20,  1905;  Stats.  1905,  p.  308. 
In  effect  in  sixty  days.] 

Sec.  195.  In  counties  of  the  thirty-eighth  (38)  class 
(Stanislaus)  the  county  officers  shall  reeeive  as  compensation 
for  the  services  required  of  them  by  law  or  by  virtue  of  their 
office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  seven  hundred  dollars 
per  annum;  and  provided,  that  in  each  year  when  a  new  reg- 
istration is  required  he  shall  receive  in  addition  to  his  sal- 
ary the  sum  of  ten  (10)  cents  for  each  elector  registered, 
which  amount  shall  be  allowed  by  the  board  of  supervisors 
at  the  close  of  registration  preceding  a  general  election,  and 
paid  from  the  general  fund  of  the  county. 


279  COUNTY    GOVERNMENT.  Act  837,  §  195 

2.  The  sheriff,  five  thousand  dollars  per  annum,  and  fees, 
commissions,  and  mileage  for  the  service  of  papers  or  process 
coming   from    courts   other   than    those    of   his   own    county. 

■3.  The  recorder,  one  thousand  six  hundred  dollars  per  an- 
num; provided,  that  such  recorder  shall  collect  and  pay  into 
the  county  treasury,  for  the  use  and  benefit  of  the  county, 
the  fees  required  by  law  to  be  so  collected;  and  provided, 
that  when  the  amount  of  said  fees  collected  shall  exceed  two 
hundred  and  fifty  dollars  in  any  month,  the  recorder  may  re- 
ceive and  retain  for  his  own  use,  in  addition  to  his  salary, 
one-half  of  all  fees  in  excess  of  two  hundred  and  fifty  dol- 
lars in  any  month  so  collected.  But  the  amount  of  fees 
thus  received  by  the  recorder  for  his  own  use,  plus  his  salary, 
shall  -cot  exceed  the  sum  of  three  thousand  dollars  in  any 
one  year. 

4.  The  auditor,  one  -thousand  six  hundred  dollars  per  an- 
num. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per 
annum,  and  the  fees  and  commissions  now  or  hereafter  al- 
lowed by  law. 

6.  The  tax  collector,  one  thousand  collars  per  annum,  and 
the  fees  and  commissions  now  or  hereafter  allowed  by  law. 

7.  The  assessor,  two  thousand  eight  hundred  dollars  per 
annum,  and  tne  fees  and  commissions  now  or  hereafter  al- 
lowed by  law.  The  assessor  shall  also  be  allowed  the  fol- 
lowing deputies,  viz.:  One  deputy  for  each  bona  fide  in- 
crease of  one  hundred  real  estate  statements  made  for  as- 
sessment purposes  over  and  above  two  thousand  five  hundred 
of  such  statements,  and  not  to  exceed  in  all  six  deputies. 
Each  of  such  deputies  shall  receive  a  monthly  compensation 
of  one  hundred  dollars  for  a  period  of  not  to  exceed  two 
months  in  any  one  year,  said  compensation  to  be  paid  month- 
ly in  the  same  manner  as  county  officers  are  paid. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools  one  thousand  five  hun- 
dred dollars  per  annum.  He  shall  also  be  allowed  his  actual 
traveling  expenses  when  visiting  tue  schools  of  the  county, 


Act  837,  §  105  COUNTY    GOVERNMENT.  ^80 

which  expense  shall  not  exceed  the  sum  of  five  hundred  dol- 
lars in  any  one  year.  He  shall  receive  nothing  for  his  ser- 
vices as  a  member  of  the  board  of  education.  The  superin- 
tendent of  schools  shall  be  allowed  one  deputy,  to  be  ap- 
pointed by  the  principal,  which  said  deputy  shall  be  allowed 
a  salary  of  fifty  dollars  per  month,  to  be  paid  at  the  same 
time  and  in  the  same  manner  as  other  county  officers. 

12.  The  surveyor  shall  receive  one  thousand  eight  hundred 
dollars  per  annum,  and  in  addition  thereto,  actual  traveling 
and  other  necessary  expenses  incurre  I  in  connection  with 
field  work.  He  shall  have  one  deputy  at  a  salary  of  one 
thousand  dollars  per  annum;  said  deputy  to  be  appointed  by 
the  principal  and  be  paid  at  the  same  time  and  in  the  same 
manner  as  other  county  officers.  It  shall  be  the  duty  of  the 
surveyor  among  other  things,  to  make  and  correct  all  neces- 
sary plats,  maps,  and  block  books  for  the  assessor's  office, 
and  all  necessary  county  and  road  maps,  and  all  necessary 
plans  and  specifications  for  bridge  work  and  county  build- 
ings; provided,  however,  that  when  in  the  judgment  of  the 
board  of  supervisors  of  the  county,  on  the  representations  of 
the  county  surveyor,  it  is  necessary  to  employ  additional  as- 
sistance for  the  performance  of  said  work,  the  board  of 
supervisors  shall  allow  the  necessary  and  actual  expense 
therefor;  provided,  he  shall  receive  nothing  for  preparing 
any  map  or  plat  necessary  to  accompany  reports  made  by 
him  on  road  work,  nor  for  preparing  and  keeping  up  the 
necessary  and  proper  records  of  his  office.  He  shall  at  all 
times  be  subject  to  the  orders  of  the  board  of  supervisors. 

13.  For  the  purpose  of  regulating  the  compensation  of  jus- 
tices of  the  peace  and  constables,  townships  of  this  class  of 
counties  are  nereby  classified  according  to  their  population  as 
shown  by  the  federal  census  of  nineteen  hundred:  Townships 
having  a  population  of  two  thousand  eight  hundred  and  more 
shall  belong  to  and  be  known  as  townships  of  the  first  class; 
townships  having  a  population  of  two  thousand  four  hun- 
dred and  less  than  two  thousand  eight  hundred  shall  be- 
long to  and  be  known  as  townships  of  the  second  class;  town- 
ships having  a  population  of  one  thousand  six  hundred  and 
less  than  two  thousand  four  hundred  shall  belong  to  and 
be  known  as  townships  of  the  third  class;  townships  having 
a  population  of  eight  hundred  and  less  than  one  thousand 
six  hundred  shall  belong  to  and  be  known  as  townships  of 
the  fourth  class;  townships  having  a  population  of  six  hun- 
dred and  fifty  and   less  than  eight  hundred  shall  belong  to 


28i  COUNTY    GOVERNMENT.  Act  837,  §  19a 

and  be  known  as  townships  of  the  fifth  class;  townships 
having  a  population  of  less  than  six  hundred  and  fifty  shall 
belong  to  and  be  known  as  townships  of  the  sixth  class; 
providing,  that  the  board  of  supervisors  of  the  county  may, 
prior  to  any  general  election,  consolidate  two  or  more  of 
such  townships  into  one. 

13 !/<2.  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  the  county  officers 
are  paid,  which  shall  be  in  full  compensation  for  all  services 
rendered  by  them  in  criminal  cases,  to  wit:  In  townships  of 
the  first  class,  ninety  dollars;  in  townships  of  the  second 
class,  fifty  dollars;  in  townships  of  the  third  class,  fifty 
dollars;  in  townships  of  the  fourth  class,  forty  dollars;  in 
townships  of  the  fifth  and  sixth  class,  twenty  dollars.  In 
addition  to  the  monthly  salaries  herein  allowed,  each  jus- 
tice of  the  peace  may  receive  and  retain  for  his  own  use 
such  fees  as  are  now  or  may  hereafter  be  allowed  by  law 
for  all  services  rendered  by  him  in  civil  actions;  and  justices 
of  the  first,  second  and  third  class  shall  be  allowed  their 
office  rent,  not  to  exceed  the  sum  of  five  dollars  each,  for 
any  one  month.  Each  justice  must  pay  into  the  county 
treasury,  once  a  month,  all  fines  collected  by  him. 

14.  Constables  shall  receive  the  following  monthly  salaries, 
to  be  paid  each  month  as  the  county  officers  are  paid,  which 
shall  be  in  full  compensation  for  all  services  rendered  by 
them  in  criminal  cases,  to  wit:  In  townships  of  the  first 
class,  ninety  Collars;  in  townships  of  the  second  class,  eighty 
dollars;  in  townships  of  the  third  class,  eighty  dollars;  in 
townships  of  the  fourth  class,  fifty  dollars;  in  townships  of 
the  fifth  and  sixth  class,  thirty  dollars.  In  addition  to  the 
monthly  salaries  herein  allowed,  each  constable  may  receive 
and  retain  for  his  own  use  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law  for  all  services  rendered  by  him 
in  civil  actions;  and  shall  also  be  allowed  all  necessary  ex- 
penses actually  incurred  in  arresting  and  conveying  prison- 
ers to  court  or  to  prison,  which  expense  shall  be  audited 
and  allowed  by  the  .oard  of  supervisors  and  paid  out  of 
tne  county  treasury;  provided  further,  that  when  any  con- 
stable is  required  to  go  out  of  his  own  county  to  serve  a 
warrant  of  arrest,  or  any  other  paper  in  a  criminal  case,  he 
shall  be  allowed  'mileage,  both  going  and  returning,  outside 
of  his  own  county,  at  the  rate  of  ten  cents  per  mile. 

15.  Supervisors,  each,  the  sum  of  six  hundred  dollars  per 
annum,  and  mileage  at  the  rate  of  ten  cents  per  mile  for  each 


Act  837,  §  196  COUNTY    GOVERNMENT.  282 

mile  traveled  in  going  to  and  from  the  meeting  of  the  board; 
provided,  that  only  one  mileage  at  any  one  session  of  the 
board  shall  be  allowed.  They  shall,  from  and  after  the  pass- 
age of  this  act,  act  as  road  commissioners  in  their  respec- 
tive districts,  and  shall  thereafter  receive  for  their  services 
as  such  road  commissioners  mileage  at  the  rate  of  twenty 
cents  per  mile  each,  one  way,  for  all  distances  actually 
traveled  by  them  in  the  discharge  of  their  duties  as  such 
ioad  commissioners;  provided,  that  such  mileage  as  road 
commissioner  shall  not,  in  any  one  year,  exceed  the  sum  of 
three  hundred  dollars  for  any  one  of  the  commissioners. 

16.  Witnesses  in  criminal  cases  shall  receive  one  dollar 
and  fifty  cents  per  day,  and  ten  cents  per  mile  for  each  mile 
actually  traveled,  one  way  only.  The  court  shall  make  an 
order  directing  the  auditor  to  draw  his  warrant  on  the 
county  treasurer  for  the  amount  due,  and  the  treasurer  shall 
pay  the  same.  The  court  may  disallow  any  fee  to  a  witness 
unnecessarily  subpoenaed.  [Amendment  approved  March  20, 
1905;  Stats.  1905,  p.  366.     In  effect  in  sixty  days.] 

Sec.  196.  Tn  counties  of  the  thirty-ninth  class  the 
county  officers  shall  receive  as  compensation  for  services  re- 
quired of  them  by  law,  by  virtue  of  their  offices,  the  follow- 
ing salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum. 

2.  The  sheriff,  five  thousand  dollars  per  annum  and  fees, 
commissions  and  mileage  for  the  service  of  papers  or  process 
coming  from  courts  other  than  those  of  his  own  county. 

3.  The  recorder,  one  thousand  six  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall  lie 
and  is  hereby  allowed  to  the  recorder  a  copyist  who  shall  be 
appointed  b~  the  recorder  and  paid  the  salary  of  fifty 
dollars  per  month;  said  salary  to  be  paid  by  said  county 
in  monthly  installments  at  the  time  and  in  the  same  man- 
ner and  out  of  the  same  fund  as  the  salary  of  the  re- 
corder is  paid;  and  provided  that  such  recorder  shall  col- 
lect and  pay  into  the  county  treasury  for  the  use  and 
benefit  of  the  county  the  fees  required  to  be  paid  by  law 
so  collected;  and  provided  that  when  the  amount  of  said 
fees  collected  shall  exceed  two  hundreel  dollars  in  any  month, 
the  recorder  may  receive  and  retain  for  his  own  use,  in 
addition  to  his  own  salary,  one  half  of  all  fees  in  excess  of 
two  hundred  dollars  in  any  month  so  collected.  But  the 
amount  of  fees  thus   received   by  the  recorder  for  his  own 


283  COUNTY    GOVERNMENT.  Act  837,  §  IMS 

use,  plus  his  salary  shall  not  exceed  the  sum  of  two  thousand 
dollars  in  one  year. 

4.  The  auditor,  one  thousand  six  hundred  dollars  per 
annum. 

5.  The  treasurer,  one  thousand  eight  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  five  hundred  dollars 
per  annum. 

7.  The  assessor,  three  thousand  dollars  per  annum,  and 
such  fees  as  now  or  may  hereafter  be  allowed  by  law.  The 
assessor  shall  also  be  allowed  the  following  deputies,  viz.; 
one  deputy  for  each  bona  fide  increase  of  one  hundred  real 
estate  statements  made  for  assessment  purposes  over  and 
above  twenty-four  hundred  of  such  statements  and  not 
to  exceed  in  all  five  deputies.  Each  of  such  deputies  shall 
receive  a  monthly  compensation  of  one  hundred  dollars  for 
a  period  not  to  exceed  two  months  in  any  one  year,  said 
compensation  to  be  paid  monthly  in  the  same  manner  as 
county  officers  are  paid.  He  shall  prepare  the  military 
roll  for  which  he  shall  receive  five  cents  for  each  name 
thereon;  that  the  assessor  shall  annually  revise  the  plats 
in  his  office  and  prepare  the  military  roll  at  his  own  cost 
and  expense. 

8.  The  district  attorney,  one  thousand  eight  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  and  may  hereafter 
be  allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  and 
may  hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  four  hun- 
dred dollars  per  annum,  and  shall  also  be  allowed  the  com- 
pensation provided  by  law  for  services  upon  the  board  of 
education.  He  shall  be  allowed  his  actual  traveling  ex- 
penses when  visiting  schools  of  his  county,  which  expense 
shall  not  exceed  the  sum  of  three'  hundred  dollars  in  one 
year.  Provided,  in  counties  of  this  class  there  shall  be 
and  is  hereby  allowed  to  the  superintendent  of  schools  an 
assistant  who  shall  be  appointed  by  the  superintendent  of 
schools  and  paid  a  salary  of  fifty  dollars  per  month,  said 
salary  to  be  paid  by  said  county  in  monthly  installments 
at  the  same  time  and  in  the  same  manner  and  out  of  the 
same  fund  as  the  salary  of  the  superintendent  of  schools 
is  paid. 


Act  837.  §  196  COUNTY    GOVERNMENT.  284 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allow*  d  by  law.  Provided  the  surveyor  shall  an- 
nually revise  the  plats  in  the  office  of  the  assessor  for  which 
he  shall  receive  a  sum  not  to  exceed  two  hundred  dollars  in 
any   one   year. 

13.  Justices  of  the  peace  shall  receive  the  following  sal- 
aries for  all  services  rendered  by  them  in  criminal  cases, 
payable  monthly  in  the  same  manner  as  county  officers  are 
paid,  viz.:  [n  townships  having  a  population  of  more  than 
three  thousand  five  hundred,  one  hundred  dollars  per  month; 
in  townships  having  a  population  of  less  than  three  thou- 
sand five  hundred  and  more  than  two  thousand,  seventy- 
five  dollars  per  moDth;  in  townships  having  a  population  of 
less  than  two  thousand,  forty  dollars  per  month.  Justices 
of  the  peace  in  counties  of  this  class  shall  also  receive  for 
their  own  use  and  benefit  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law  in  civil  cases.  They  shall  also  be 
allowed  the  actual  rent  for  their  offices,  not  to  exceed  ten 
dollars  per  month. 

14.  Constables  shall  receive  the  following  salaries  for  all 
services  rendered  by  them  in  criminal  cases,  payable  monthly 
in  the  same  manner  as  county  officers  are  paid,  viz.:  In 
townships  having  a  population  of  more  than  three  thousand 
five  hundred,  one  hundred  dollars  per  month;  in  townships 
having  a  population  of  less  than  three  thousand  five  hundred 
and  more  than  two  thousand,  seventy-five  dollars  per  month; 
in  townships  having  a  population  of  less  than  two  thousand, 
forty  dollars  per.  month.  Constables  shall  also  receive  for 
their  own  use  and  benefit  such  fees  as  are  now  or  hereafter 
may  be  allowed  by  law  in  civil  cases.  They  shall  also  be 
allowed  their  actual  expenses  in  conveying  prisoners  from 
the  place  of  arrest  to  the  court,  and  in  case  of  conviction, 
from  court  to  the  county  jail. 

15.  Supervisors,  each  six  hundred  dollars  per  annum  for 
all  services  performed  by  them  as  supervisors  and  members 
of  the  board  of  equalization  and  road  commissioners,  in- 
cluding mileage,  provided,  that  each  supervisor  shall  re- 
ceive ten  cents  for  each  mile  traveled  by  the  ordinary  route 
in  going  from  his  residence  to  the  county  seat  and  return- 
ing once  during  each  meeting.  Each  supervisor  shall  be 
allowed  his  actual  traveling  expenses  while  supervising  the 
roads  of  his  district,  not  exceeding  twenty  dollars  in  any 
one  month.  [Amendment  approved  March  20,  1905;  Stats. 
1905,  p.   338.     In  effect  in  sixty  days.] 


285  COUNTY    GOVERNMENT.  Act  831,  §  1P7 

Sec.  197.  In  counties  of  the  fortieth  class,  the  county 
officers  shall  receive  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries  and  fees,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum,  and  all 
mileage  for  the  service  of  papers  issued  out  of  any  court 
outside  of  his  county. 

3.  The  recorder,  twenty-one  hundred  dollars  per  annum. 

4.  The  auditor,  nine  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and 
ten  per  cent  on  all  licenses  collected  by  him  as  license  col- 
lector. 

7.  The  assessor,  three  thousand  five  hundred  dollars  per 
annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  such  fees  as  are  now,  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now,  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now,  or  may  be  here- 
after allowed  by  law. 

13.  Each  justice  of  the  peace,  the  following  fees:  In  civil 
actions  before  him,  for  all  services  required  to  be  per- 
formed by   him  before   trial,  two   dollars. 

For  a  trial,  and  all  proceedings  subsequent  thereto,  in- 
cluding all  affidavits,  swearing  witnesses  and  jury,  and  the 
entry  of  judgment,  four  dollars. 

In  all  cases  where  judgment  is  rendered  by  default  or 
confession,  for  all  services  from  the  filing  of  the  complaint 
to   and  including  the   entry  of  judgment,  three   dollars. 

For  issuing  a  writ  of  attachment,  to  include  all  affidavits, 
taking  and  approving  bond,  and  all  oaths  and  certificates 
necessary  thereto,  three  dollars. 

For  all  services  and  proceedings  in  a  criminal  action  or 
proceeding  whether  on   examination   or   trial,   three   dollars; 


Act  837,  §  197  COUNTY    GOVERNMENT.  2W 

provided,   that  if   the   defendant   plead  guilty,  only  two   dol- 
lars shall  be  allowed. 

For  taking  bail,  after  commitment  by  another  magis- 
trate, only  fifty  cents. 

For  making  transcript  of  docket,  making  up  and  trans- 
mitting papers  on  appeal,  including  the  certificate  to  the 
same,    two    dollars. 

For  copies  of  docket  or  papers  in  his  office,  per  folio 
twenty    cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party 
demanding  the  same,  one  dollar. 

For  celebrating  a  marriage,  and  returning  the  certificate 
to  the  recorder,  three  dollars. 

For  docketing  a  judgment  or  any  instrument,  for  the 
first  name  fifty  cents;  for  each  additional  name  twenty- 
five   cents. 

For    taking    depositions,    per    folio,    twenty    cents. 

For  administering  an  oath,  twenty-five  cents,  and  certif- 
icate to  same,  twenty-five  cents;  for  each  certificate  twenty- 
five  cents. 

For  issuing  a  commission  to  take  testimony,  seventy-five 
cents. 

For  all  services  connected  with  the  posting  of  estrays,  in- 
cluding the   transcript  for   the   recorder,   three   dollars. 

For  issuing  an  execution  and  entering  satisfaction  of  the 
judgment,   fifty  eents. 

In  all  cases  before  justices  of  the  peace  where  the  venue 
shall  be  changed,  the  justice  before  whom  the  action  shall 
be  brought,  for  all  services  rendered,  including  the  mak- 
ing up  and  transmission  of  the  manuscript  and  papers, 
shall  receive  three  dollars;  and  the  justice  before  whom 
the  trial  shall  take  place,  shall  receive  the  same  fees  as  if 
the  action  had  been  commenced  before   him. 

14.  Each  constable  shall  receive  the  following  fees:  For 
serving  all  summons  m  civil  cases,  for  each  defendant,  in- 
cluding the  copy  required  by  law,   one   dollar. 

For  summoning  a  jury  of  twelve  or  less  before  a  justice, 
one  dollar  and  fifty  cents;  for  each  additional  juror  abovo 
twelve,    twenty-five    cents. 

For  taking  any  bond  required  by  law  to  be  taken,  fifty 
cents. 


28T  COUNTY    GOVERNMENT.  Act  837,  §  198 

For    summoning    each    witness,    twenty-five     cents. 

For  serving  an  attachment  or  levying  an  execution  on  the 
property  of  a   defendant,   one   dollar   and  fifty  cents. 

For  summoning  and  swearing  a  jury  to  try  the  rights  of 
property,    and    making    a    verdict,    two    dollars. 

For  receiving  and  taking  care  of  property  on  execution, 
order  or  attachment,  his  actual  necessary  expenses,  to  be 
allowed  by  the  justice  who  issued  the  order,  attachment 
or  execution  upon  the  aflidavit  of  the  constable  that  the 
charges  are  correct  and  that  the  expenses  were  necessarily 
incurred. 

For  collecting- all  sums  on  execution,  three  per  cent,  to  be 
charged   against   the    defendant   named    in    the    execution. 

For  serving  a  warrant  or  order  for  the  delivery  of  personal 
property,  or  making  an  arrest  in  a  civil  case,  one  dollar  and 
fifty   cents. 

For  making  each  arrest  in  criminal  cases,  two  dollars. 

For  every  mile  necessarily  traveled,  in  going  only,  to 
serve  any  civil  or  criminal  process  or  paper,  or  to  take  a 
prisoner  before  a  magistrate  or  to  prison,  twenty-five  cents; 
but  when  two  or  more  persons  are  served  or  summoned  in 
the  same  suit  and  at  the  same  time,  mileage  shall  be  charged 
only  for  the  most  distant,  if  they  live  in  the  same  direction. 

For  sales  of  estrays,  the  same  fees  as  for  sales  on  execu- 
tion. 

For  the  transportation  of  prisoners  to  the  county  jail  the 
actual  necessary  expenses. 

For  attending  a  justice's  court  and  taking  charge  of  a 
jury  and  prisoner  when  required  two  dollars  for  each  day  of 
actual   attendance    upon    the    court. 

For  all  other  services  the  same  fees  as  are  allowed  sher- 
iffs for  like  services. 

15.  Each  member  of  the  board  of  supervisors  four  hun- 
dred dollars  per  annum  and  twenty  cents  per  mile  for  trav- 
eling from  his  residence  to  the  county  seat,  also  his  actual 
necessary  expenses  while  acting  as  ex-officio  road  overseer 
or  commissioner  not  to  exceed  three  hundred  dollars  in  any 
one  year.  [Amendment  approved  March  20,  1905;  Stats. 
1905,  p.  544.     In  effect  January  1,  1907.] 

Sec.  198.  In  counties  of  the  forty-first  class  the 
county    officers    shall    receive,    as    compensation    for    tne    str- 


Act  837,  §  198  COUNTY    GOVERNMENT.  288 

vices  required  of  them  by  law  or  by  virtue  of  their  offices, 
the   following   salaries,   to   wit: 

1.  The   county    clerk,    three    thousand    dollars   per   annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  act- 
ual traveling  expenses  incurred  in  the  pursuit  or  arrest  of 
criminals,    either    iu    or    out   of    his    county. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  an- 
num. 

4.  The    auditor,    one    thousand    dollars    per    annum. 

5.  The  treasurer,  one  thousand  five  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum, 
which  shall  be  in  full  for  all  services  as  tax  collector  and 
as   license   collector. 

7.  The  assessor,  two  thousand  five  hundred  dollars  per 
annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
alloAved   by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be   hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  two  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  c.ounty. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  In  counties  of  this  class  the  township  officers  shall 
receive    the    following    compensation,    to    wit: 

In  townships  having  a  population  of  three  thousand  or 
more,  justices  of  the  peace  and  constables  shall  each  receive 
a  monthly  salary  of  sixty  dollars  per  month. 

In  townships  having  a  population  of  fifteen  hundred  and 
less  than  three  thousand,  the  justices  of  the  peace  and  con- 
stables shall  each  receive  a  monthly  salary  of  forty-five 
dollars  per   month. 

In  townships  having  a  population  of  eight  hundred  and 
less  than  fifteen  hundred,  the  justices  of  the  peace  and  con- 
stables shall  each  receive  a  monthly  salary  of  thirty-five 
dollars  per  month. 

In  townships  having  a  population  of  five  hundred  and 
less  than  eight  hundred,   the  justices  of  the  peace  and  con 


289  COUNTY    GOVERNMENT.  Act  837,  $  199 

stables  shall  each  receive  a  monthly  salary  of  fifteen  dollars 
per    month. 

In  townships  having  a  population  of  less  than  five  hun- 
dred, the  justices  of  the  peace  and  constables  shall  each  re- 
ceive a   monthly  salary   of   five   dollars   per  month. 

The  above  named  salaries  shall  be  in  full  compensation 
for  all  services  of  said  justices  of  the  peace  and  constables 
in  criminal  cases;  provided,  that,  in  addition  to  the  salary 
herein  allowed,  each  constable  shall  be  paid  out  of  the 
treasury  of  the  county  for  traveling  expenses  outside  if 
his  township,  for  service  of  a  warrant  of  arrest  or  any 
other  paper  in  a  criminal  case,  such  fees  as  they  are  now 
or  may  be  hereafter  allowed  by  law,  for  transporting  pris- 
oners to  the  county  jail,  the  actual  expenses  of  such  trans- 
portation; and,  provided  further,  that  for  the  purpose  of 
this  act,  the  population  of  the  several  townships,  shall 
be  ascertained  by  multiplying  the  number  of  registered 
voters  at  the  last  general  election  by  five.  But  said  jus-. 
tices  of  the  peace  and  constables  may  retain  for  their  own 
use,  the  fees  allowed  by  law  in  civil  cases. 

14.  Each  member  of  the  board  of  supervisors,  five  hun- 
dred dollars  per  annum,  and  his  necessary  expenses  when 
attending  to  the  business  of  the  county  oth^r  than  th<? 
meetings  of  the  board,  and  twenty  cents  per  mile  in  going 
from  his  residence  to  the  county  seat  at  each  meeting  of  the 
board;  and  when  serving  as  road  commissioner,  three  dol- 
lars per  day,  and  twenty  cents  per  mile  one  way  for  all 
actual  distances  traveled  by  him  in  the  performance  of  his 
duties   as   such   commissioner. 

Subdivision  thirteen  of  this  section  shall  take  effect  im- 
mediately. [Amendment  approved  March  20,  1905;  Stats. 
1905,  p.  441.  In  effect  in  part  immediately,  and  in  part  in 
sixty  days.] 

Sec.  199.  In  counties  of  the  forty-second  class  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,   to  wit: 

1.  The  county  clerk,  two  thousand  four  hundred  dollars 
-per   annum. 

2.  The  sheriff,  four  thousand  dollars  per  annum,  and  the 
fees  or  commissions  for  the  service  of  all  papers  issiu  d  l:v 
any    court    of    the    state    outside    of    his    county.      Also    his 

Gen.  Laws— 19 


Act  837,  {  199  COUNTY    GOVERNMENT.  29C 

actual  traveling  expenses  in  the  execution  of  a  warrant 
outside  of  his  county  issued  by  a  magistrate  or  court  of 
his   county. 

3.  The    recorder,    eighteen    hundred    dollars*  per   annum. 

4.  The  auditor,  one  thousand  eight  hundred  dollars  per 
annum. 

5.  The  treasurer,  one  thousand  six  hundred  dollars  per 
annum. 

6.  The  tax  collector,  one  thousand  two  hundred  dollars  per 
annum. 

7.  The  assessor,  three  thousand  dollars  per  annum. 

8.  The  district  attorney,  two  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  thousand  six  hun- 
dred dollars  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  his  county. 

12.  The  surveyor,  fifteen  hundred  dollars  per  annum,  which 
shall  be  in  full  for  all  services  required  of  him  by  the  superior 
court  or  the  board  of  supervisors,  and  as  ex-officio  county  re- 
corder; provided,  that  he  shall  be  entitled  to  receive  from  the 
county  his  actual  and  necessary  traveling  expenses,  incurred 
in  the  performance  of  any  order  of  the  court  or  board  of  super- 
visors; for  all  other  services  the  fees  allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly 
salaries,  to  be  paid  each  month,  and  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases: 
In  townships  having  a  population  of  more  than  nine  hundred, 
seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  nine  hundred  and  more  than  five  hundred,  fifty 
dollars  per  month;  in  townships  having  a  population  of  lrss 
than  five  hundred,  thirty  dollars  per  month.  In  addition  to  the 
compensation  received  in  criminal  eases  each  justice  of  the 
peace  shall  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law  for  all  services  per- 
formed by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salar- 
ies, to  be  paid  eaeh  month,  and  in  the  same  manner  and  out 
of  the  same  fund  as  county  officers  are  paid,  which  shall  be  in 
lull   for  all  services  rendered  by  them  in  criminal  cases:   In 


291  COUNTY    GOVERNMENT.  Act  837,  §  200 

townships  having  a  population  of  more  than  nine  hundred, 
seventy-five  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  nine  hundred  and  more  than  five  hundred, 
fifty  dollars  per  .month;  in  townships  having  a  population  of 
less  than  five  hundred,  thirty  dollars  per  month;  provided,  that 
each  constable  shall  receive  his  actual  and  necessary  expenses 
incurred  in  conveying  prisoners  to  the  county  jail.  In  addition 
to  the  compensation  received  in  criminal  cases  each  constable 
shall  receive  and  retain  for  his  own  use  such  fees  as  are  now 
or  may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

15.  Each  supervisor,  one  hundred  dollars  per  month,  and 
mileage  at  the  rate  of  twenty  cents  per  mile  for  traveling 
from  residence  to  county  seat  to  attend  upon  a  session  of  the 
board.  The  salary  herein  allowed  shall  be  in  full  for  all 
services,  including  duties  as  road  commissioner. 

16.  The  official  reporter,  such  fees  as  are  now  provided  by 
law. 

17.  This  act,  and  the  amendments  contained  in  the  fore- 
going section  relating  to  counties  of  the  forty-second  class, 
shall  take  effect  immediately  as  to  the  compensation  of  jus- 
tices of  the  peace,  constables,  and  supervisors.  [Amendment 
approved  March  23,  1901.  Stats.  1901,  779.  In  effect  partly 
immediately  and  partly  12  M.  on  the  first  Monday  after  Jan- 
uary 1,  1903.] 

Sec.  200.  In  counties  of  the  forty-third  class,  the  county 
officers  shall  receive,  as  compensation  for  the  services  required 
of  them  by  law  or  by  virtue  of  their  office,  the  following 
salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  eight  hundred  dollars  per 
annum. 

2.  The  sheriff,  three  thousand  five  hundred  dollars  per  an- 
num. The  sheriff  shall  also  receive  for  his  own  use  and  benefit 
all  fees,  commissions  and  mileage,  in  all  civil  cases  within 
his  county,  and  all  fees,  commissions  and  mileage  for  service 
of  any  papers  issued  by  any  court  outside  of  his  county. 

3.  The  recorder,  twelve  hundred  dollars  per  annum. 

4.  The  auditor,  six  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  two  hundred  dollars  per  an- 
num. 

6.  The  tax  collector,  seven  hundred  dollars  per  annum. 

7.  The  assessor,  twenty-four  hundred  dollars  per  annum. 


Act  837,  5  200  COUNTY    GOVERNMENT.  292 

8.  The  district  attorney,  one  thousand  five  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  now  or  may  here- 
after be  allowed  by  law. 

11.  Tin'  superintendent  of  schools,  one  thousand  six  hundred 
dollars   per   annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following  monthly 
salaries,  to  be  paid  each  month,  and  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which  shall 
be  in  full  for  all  services  rendered  by  them  in  criminal  cases: 
In  townships  having  a  population  of  more  than  twenty-five 
hundred,  seventy  dollars  per  month;  in  townships  having  a  pop- 
ulation of  less  than  twenty-five  hundred  and  more  than  one 
thousand,  twenty  dollars  per  month;  in  townships  having  a 
population  of  less  than  one  thousand  and  more  than  six  hun- 
dred, fifteen  dollars  per  month;  in  townships  having  a  popula- 
tion of  less  than  six  hundred,  ten  dollars  per  month.  In  ad- 
dition to  the  compensation  received  in  criminal  cases,  each  jus- 
tice of  the  peace  shall  receive  and  retain  for  his  own  use  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law  for  all 
services  performed  by  him  in  civil  actions. 

14.  Constables  shall  receive  the  following  monthly  salaries 
to  be  paid  each  month,  and  in  the  same  manner  and  out  of  the 
same  fund  as  county  officers  are  paid,  which  shall  be  in  full 
for  all  services  rendered  by  them  in  criminal  cases:  In  town- 
ships having  a  population  of  more  than  twenty-five  hundred, 
thirty-five  dollars  per  month ;  in  townships  having  a  population 
of  less  than  twenty-fh  e  hundred  and  more  than  one  thousand, 
fifteen  dollars  per  month;  in  townships  having  a  population  of 
less  than  one  thousand,  ten  dollars  per  month;  provided,  that 
each  constable  shall  receive  his  actual  and  necessary  expenses 
incurred  in  conveying  prisoners  to  the  county  jail.  In  addi- 
tion to  the  compensation  received  in  criminal  cases,  each  con- 
stable shall  receive  and  retain  for  his  own  use  such  fees  as  are 
now  or  may  hereafter  be  allowed  by  law  for  all  services  per- 
formed by  him  in  civil  actions. 

15.  Each  supervisor,  six  hundred  dollars  per  annum,  and 
twenty  cents  per  mile  for  traveling  from  his  residence  to  the 
county  seat. 

1G.  Each  member  of  the  county  board  of  education,  includ- 
ing the  secretary,  shall  receive  one  hundred  and  fifty  dollars 


293  COUNTY    GOVERNMENT.  Act  837.  §  iOl 

per  annum  as  compensation  for  Lis  services  on  the  board  of 
education,  and  mileage  at  the  rate  of  twenty  cents  per  mile, 
one  way,  from  his  residence  to  the  place  of  meeting  of  said 
board.  Said  compensation  of  said  members  and  of  said  sec- 
retary shall  be  paid  monthly  in  the  same  manner  and  out  of 
the  same  fund  as  the  salaries  of  other  county  officers  are  paid. 
Claims  for  such  mileage  shall  be  presented  to  and  allowed  by 
the  board  of  supervisors  before  payment.  The  compensation 
of  the  members  of  the  county  board  of  education  herein  pro- 
vided is  not  in  addition  to  that  provided  in  section  seventeen 
hundred  and  seventy  of  the  Political  Code. 

17.  For  the  purposes  of  subdivisions  thirteen  and  fourteen 
of  this  section,  the  population  of  the  several  judicial  town- 
ships shall  be  ascertained  by  the  board  of  supervisors,  by  mul- 
tiplying by  five  the  vote  for  presidential  electors  cast  in  each 
township  at  the  next  preceding  election.  [Amendment  ap- 
proved March  20,  1905;  Stats.  1905,  p.  363.  In  effect  in  sixty 
days.] 

Sec.  201.  In  counties  of  the  forty-fourth  class,  the 
county  officers  shall  receive,  as  compensation  for  the  services 
required  by  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,   to  wit: 

1.  The  county  clerk,  eighteen  hundred  dollars  per  annum. 

2.  The  sheriff,  forty-two  hundred  dollars  per  annum,  and 
such  mileage  as  is  allowed  by  law,  and  the  fees,  mileage,  or 
commissions  for  the  service  of  all  papers  whatever  issued 
by  any  court  outside  of  his  county,  and  all  mileage  for  the 
service  of  papers  in  civil  cases  in  his  own  county,  and  the 
actual  expenses  incurred  in  criminal  cases,  and  fifteen  cents 
for  each  meal  for  feeding  prisoners  confined  in  the  county 
jail. 

3.  The  recorder,  one  thousand  five  hundred  dollars  per  an- 
num ;  provided,  that  such  recorder  shall  collect  and  pay.  into 
the  county  treasury,  for  the  use  and  benefit  of  the  county,  the 
fees  required  by  law  to  be  so  collected ;  and  provided,  that  when 
the  amount  of  said  fees  collected  shall  amount  to  more  than 
one  hundred  and  twenty-five  dollars  in  any  month,  the  recorder 
may  receive  and  retain  for  his  own  use,  in  addition  to  his  sal- 
ary, all  fees  in  excess  of  one  hundred  and  twenty-five  dollars, 
and  not  exceeding  one  hundred  and  seventy-five  dollars,  in  any 
mouth  so  collected ;  so  that  the  amount  of  fees  thus  received 
by  the  recorder  for  his  own  use,  plus  the  salary,  shall  not  ex- 

i  the  sum  of  one  hundred  and  seventy-five  dollars  in  any 
one  month. 


Act  SOT,  §  202  COUNTY    GOVERNMENT.  294 

4.  The  auditor,  fifteen  hundred  dollars  per  annum. 

5.  The  treasurer,  fifteen  hundred  'dollars  per  annum. 

6.  The  tax   collector,   twelve   hundred   dollars    per   annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney,  eighteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  ten  hundred  dollars 
per   annum. 

12.  The  surveyor,  ten  dollars  per  day  when  engaged  in 
county  work.  lie  shall  also  receive  his  actual  expenses 
when   at  work   in   the   field. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  six  hundred 
dollars  per  annum,  and  twenty-five  cents  per  mile  while 
traveling  from  their  respective  residence  to  the  county 
si'.il,  not  more  than  once  each  month. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive  such  fees  as  are  now  and  may 
hereafter  be  allowed  by  law. 

17.  Tn  counties  of  th.s  class  the  board  of  supervisors  may 
appoint  a  horticultural  commissioner,  who  shall  have  ex- 
pert knowledge  of  the  duties  pertaining  to  the  position,  who 
shall  serve  at  the  pleasure  cf  the  board,  and  who  shall  be 
paid  a  salary  of  not  to  exceed  seventy-five  dollars  per  month. 
[Amendment  approved  March  20,  1905;  Stats.  1905,  p.  356. 
In  effect  in  sixty  days.] 

Sec.  202.  In  counties  of  the  forty-fifth  class  the  county 
officers  shall  receive,  as  compensation  for  the  services 
required  of  them  by  law  or  by  virtue  of  their  office,  the 
following   salaries,   to    wit: 

1.  The  county  clerk,  thirteen  hundred  dollars  per  annum. 

2.  The    sheriff,    twenty-four    hundred    dollars    per    annum, 


296  COUNTY    GOVERNMENT.  Act  837,  §  202 

and  the  fees  or  commissions  for  the  service  of  all  papers 
issued  by  any  court  of  the  state  outside  of  his  county,  and 
his  actual  and  necessary  traveling  expenses  while  execut- 
ing a  warrant  outside  of  his  county  issued  by  a  magistrate 
or  court  within  his  county. 

3.  The  recorder,  thirteen  hundred  dollars  per  annum. 

4.  The   auditor,    sever    hundred   dollars   per   annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundre<    dollars  per  annum. 

7.  The    assessor,    fifteen    hundred    dollars    per   annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  eight  hundred  dollars 
per  annum,  and  actual  and  necessary  traveling  expenses 
when  visiting  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  2ees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  four  dol- 
lars a  day  when  the  board  is  in  session,  and  ten  cents  a 
mile,  in  going  only,  for  traveling  from  his  residence  to  the 
county  seat,  and  when  serving  as  road  commis-ioner  three 
dollars  per  day,  and  actual  and  necessary  expenses;  pro- 
vided, he  shall  not  in  any  one  year  receive  more  than 
three  hundred  dollars  as  supervisor,  exclusive  of  mileage, 
nor  more  than  two  hundred  dollars  as  road  commissioner, 
exclusive   of    traveling    expenses. 

16.  Each  member  of  the  board  of  education  shall  receive 
five  dollars  per  day  as  compensation  for  his  services  when 
i.  actual  attendance  upon  said  board,  and  mileage  at  the 
rate  of  ten  cents  per  mile,  one  way  only,  from  his  resi- 
dence to  the  place  of  meeting  of  said  board.  The  secretary 
ol    said    board    of    education    shall    receive    five    dollars    per 


Act  837,  §  203  COUNTY    GOVERNMENT.  -96 

day  for  his  services  for  the  actual  time  that  the  board 
may  be  in  session.  Said  compensation  of  the  members  of 
said  board  and  of  said  secretary  shall  be  paid  out  of  the 
same  fund  as  the  salary  of  the  superintendent  of  schools. 
Claims  of  such  service  and  mileage  shall  be  presented  to 
the  board  of  suj^  ervisors  and  shall  be  allowed  at  the  rate 
above  named,  and  in  the  same  manner  as  other  claims 
against  the  county  are  allowed.  The  compensation  of  the 
members  of  the  county  board  of  education  herein  provided 
is  not  in  addition  to  that  provided  in  section  seventeen 
hundred  and  seventy  of  the  Political  Code.  [Amendment 
approved  March  23,  1901.  Stats.  1901,  782.  In  effect  12  M. 
on  first  Monday  after  January  1,   1903.] 

Sec.  203.  In  counties  of  the  forty-sixth  class  the 
county  officers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  thirty-five  hundred  dollars  per  annum,  and 
actual  traveling  expenses  incurred  in  the  pursuit  or  arrest 
of  criminals,  either  in  or  out  of  his  county. 

3.  The  recorder,  one  thousand   dollars  per   annum. 

4.  The    auditor,   five   hundred   dollars   per   annum. 

5.  The    treasurer,    one    thousand    dollars    per    annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  which 
shall  be  in  full  for  all  services  as  tax  collector  and  as 
license  collector. 

7.  The   assessor,    eighteen    hundred   dollars   per   annum. 

8.  The  district  attorney,  fifteen  hundred  dollars  per  an- 
num. 

9.  The  coroner,  sucn  fees  as  are  now  or  may  be  hereafter 
allowed  by   law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be   hereafter   allowed  by  law. 

11.  The  superintendent  of  schools,  twelve  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
aiter  allowed  by  law. 


297  COUNTY    GOVERNMENT.  Act  837,   $  204 

13.  Justices  of  the  peace,  the  fees  which  are  now  or  here- 
after may  be  allowed  by  law;  provided,  that  where  the  trial 
of  any  cose  shall  occupy  more  than  one  day,  and  not  less 
than  three  hours  of  such  day.  the  justice  shall  also  be  al- 
lowed three  dollars  for  each  additional  day  consumed  in  snch 
trial. 

14.  Constables,  the  tees  which  now  are  or  hereafter  may 
be  allowed  by  law;  provided,  that  the  constable  shall  also 
be  allowed  at  the  rate  of  two  dollars  and  fifty  cents  per 
day  for  eaeh  day  of  actual  attendance  on  the  trial  of  cases 
in  the  justice's  court,  where  such  attendance  is  pursuant  to 
the  order  of  the  justice  thereof. 

15.  Each  member  of  the  board  of  supervisors,  five  dollars 
per  day  when  the  board  is  in  session,  and  twenty  cents  per 
mile  for  traveling  from  his  residence  to  the  county  seat;  and 
when  serving  as  road  commissioner  three  dollars  per  day 
and  mileage  at  the  rate  of  twenty  cents  per  mile  one  way 
for  all  actual  distances  traveled  by  him  in  the  performance 
of  his  duties  as  such  road  commissioner.  But  he  shall  not 
in  any  one  year  receive  more  than  three  hundred  and  fifty 
dollars  as  supervisor  or  more  than  two  hundred  and  fifty 
dollars  as  road  commissioner,  exclusive  of  mileage.  "When 
traveling  by  order  of  the  board  upon  county  business,  each 
supervisor  shall  be  allowed  his  actual  itemized  expenses. 
[Amendment  approved  March  20,  1905;  Stats.  1905,  p.  552. 
In  effect  in  sixty  days.] 

Sec.  204.     In    counties    of    the     forty-seventh     class    the 
county   officers   shall   receive,    as   compensation   for   the   ser- 
vices required  of  them  by  law  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  twenty-seven  hundred  dollars  per 
annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum,  and 
the  fees  or  commissions  for  the  service  of  all  papers  issued 
by  any  court  of  the  state  outside  of  his  county;  also,  his 
actual  and  necessary  traveling  expenses  in  the  execution 
of  a  warrant  outside  of  his  county  issued  by  a  court  or 
magistrate  of  his  county. 

3.  The  recorder,  fifteen  hundred  dollars  per  annum. 


Ac  I  837,  §  304  COUNTY    (JOYKRtfMKNT  £'» 

4.  The  auditor,  twelve  hundred  dollars  per  annum. 

5.  The   treasurer,   twelve  hundred  dollars  per  annum. 

6.  The   tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  twenty-five  hundred  dollars  per  annum. 

8.  The  district  attorney,  sixteen  hundred  dollars  per 
annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  sixteen  hundred  dollars 
per  annum,  and  traveling  expenses  while  visiting  schools  of 
his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  Back  month,  and  in  the  same 
manner  and  out  of  the  same  fund  as  county  officers  are 
paid,  which  shall  be  in  full  for  all  services  rendered  by 
them  in  criminal  cases:  In  townships  having  a  population 
of  more  than  nine  hundred,  seventy-five  dollars  per  month; 
in  townships  having  a  population  of  less  than  nine  hundred 
and  more  than  five  hundred,  fifty  dollars  per  month;  in 
townships  having  a  population  of  less  than  five  hundred, 
twenty  dollars  per  month.  In  addition  to  the  compensation 
received  in  criminal  cases,  each  justice  of  the  peace  shall 
receive  and  retain  for  his  own  use  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law  for  all  services  performed 
by  him  in  civil   actions. 

14.  Constal>l<  a  shall  receive  the  following  monthly  sal- 
aries, to  be  paid  each  month,  and  in  the  same  manner  and 
out  of  the  same  fund  as  county  officers  are  paid,  which 
shall  be  in  full  for  all  services  rendered  by  them  in  crim- 
inal eases:  In  townships  having  a  population  of  more  than 
nine  hundred,  seventy-five  dollars  per  month;  in  townships 
having  a  population  of  less  than  nine  hundred  and  more 
than  five  hundred,  fifty  dollars  per  month;  in  townships 
having  a  population  of  less  than  five  hundred,  twenty  dol- 
lars per  month;  provided,  that  each  constable  shall  receive 
his    actual    and    necessary    expenses    incurred    in    conveviii: 


200  COUNTY    GOVERNMENT.  Act  837,  §  205 

prisoners  to  the  county  jail.  In  addition  to  the  compensa- 
tion received  in  criminal  cases,  each  constable  shall  re- 
ceive and  retain  for  his  own  use  such  fees  as  are  now  or 
may  hereafter  be  allowed  by  law  for  all  services  performed 
by  him  in  civil  actions. 

15.  Each  supervisor,  five  dollars  per  day  while  attending 
sessions  of  the  board  and  while  engaged  in  the  perform- 
ance of  the  duties  of  road  commissioner,  and  mileage  at 
the  rate  of  twenty  cents  per  mile  for  traveling  from  resi- 
dence to  county  seat  in  attendance  upon  a  regular  session 
of  the  board. 

16.  Official  reporters,  same  as  now  provided  by  law. 

This  act,  so  far  as  it  relates  to  counties  of  the  forty- 
seventh  class,  shall  take  effect  immediately  as  to  the 
offices  of  justices  of  the  peace  and  constables,  but  shall  not 
affect  the  compensation  of  other  officers  during  the  present 
term  of  office.  [Amendment  approved  March  23,  1901. 
Stats.  1901,  784.  In  effect  partly  immediately  and  partly 
12  M.  on  first  Monday  after  January  1,  1903.] 

Sec.  205.  The  county  officers  shall  receive  as  compen- 
sation for  the  services  required  of  them  by  law  or  by 
virtue  of  their  office,  the  following  salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars 
per  annum. 

2.  The  sheriff,  twenty-five  hundred  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum;  •provided, 
that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  recorder  a  copyist,  who  shall  be  appointed  by 
the  recorder,  and  paid  the  salary  of  fifty  dollars  per  month; 
said  salary  to  be  paid  by  said  county  in  monthly  install- 
ments, at  the  time  and  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  recorder  is  paid.  This  sec- 
tion shall  take  effect  immediately  in  so  far  as  it  relates  to 
the  salary  of  said  copyist. 

4.  The  auditor,  six  hundred  dollars  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum,  and 
ten  per  cent  on  all  licenses  collected  by  him  as  license  col- 
lector. 


Act  &37,  §  205  COUNTY    GOVERNMENT.  *» 

7.  The  assessor,  one  thousand  five  hundred  dollars  per 
annum;  provided,  that  in  counties  of  this  class  there  shall 
be  and  is  hereby  allowed  to  the  assessor  one  deputy,  to  be 
appointed  by  him,  who  shall  receive  the  salary  of  seventy- 
five  dollars  per  month  for  not  exceeding  four  mouths  in  any 
calendar  year,  said  salary  to  be  paid  by  said  county  in 
monthly  installments,  at  the  same  time  and  in  the  same  man- 
ner, and  out  of  the  same  fund  as  the  salary  of  the  assessor 
is  paid.  This  section  shall  take  effect  immediately  in  so 
far  as  it  relates  to  the  salary  of  said  deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dollars 
per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  *  e  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  the 
schools  of  this  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

13.  Justices   of   the   peace,   such   fees  as   are   now   or   may 

hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is 
in  a  session,  not  to  exceed  three  hundred  dollars  per  year, 
exclusive  of  mileage,  and  twenty-five  cents  per  mile  for  trav- 
eling one  way  only  from  his  residence  to  the  county  seat  at 
each  sitting  of  the  board;  and  his  necessary  exp(  ases  while 
supervising  the  roads  of  his  district,  or  attending  to  the 
business  of  the  county,  other  than  the  meetings  of  the 
board,  not  to  exceed  the  sum  of  four  hundred  and  sixty  dol- 
lars per  annum.  This  section  shall  take  effect  immediately 
in  so  far  as  it  relates  to  the  necessary  expenses  of  supervis- 
ors while  supervising  their  roads,  or  while  engaged  in  at- 
tending to  the  business  of  the  county  other  than  the  meet- 
ings of  the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive,  as  lull  compensation  for  taking 


301  COUNTY  GOVERNMENT.  Act  837,  §  M 

notes  in  civil  and  criminal  cases  tried  in  said  court,  and  for 
preliminary  examinations  in  justices'  courts,  and  at  coroner's 
inquests,  a  per  diem  of  ten  dollars,  and  for  transcription  of 
said  notes  when  required  during  the  progress  of  a  trial,  he 
shall  receive  the  sum  of  twenty-five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but  if  such 
transcription  is  not  required  until  after  the  conclusion  of 
trial,  then  he  shall  receive  the  sum  of  ten  cents  per  folio  for 
original,  and  five  cents  per  folio  for  copies  required;  said 
compensation  for  transcription  in  criminal  cases  to  be  au- 
dited and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasurer;  and 
in  civil  eases,  to  be  paid  by  the  party  ordering  the  same, 
or  when  ordered  by  the  judge,  by  either  party,  or  jointly 
by  both  parties,  as  ^he  court  may  direct.  He  shall  also  be 
allowed  his  actual  traveling  expenses  when  reporting  out- 
side the  county  seat.  [Amendment  approved  March  20, 
1905;  Stats.  1905,  p.  333.  In  effect  in  part  immediately  and 
in  part  in  sixty  days.] 

Sec.  206.  In  counties  of  the.  forty-ninth  class,  the 
county  officers  shall  receive  as  compensation  for  their  ser- 
vices required  of  them  by  law,  or  by  virtue  of  their  offices, 
the  following  salaries,  to  wit: 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum, 
except  in  the  years  where  a  general  election  is  held,  and  in 
such  years  he  shall  receive  fifteen  hundred  dollars  per  annum. 

2.  The   sheriff,   thirty-eight   hundred   dollars  per   annum. 

3.  The  recorder,  twelve  hundred  dollars  per  annum,  pro- 
vided that  such  recorder  shall  collect  and  pay  into  the  county 
treasury  for  the  use  and  benefit  of  the  county,  the  fees  re- 
quired by  law  to  be  so  collected;  and,  provided,  that  when 
the  amount  "of  said  fees  collected  shall  exceed  one  hundred 
dollars  in  any  month,  the  recorder  may  receive  and  retain 
for  his  own  use,  in  addition  to  his  salary,  one  half  of  all  fees 
in  excess  of  one  hundred  dollars  in  any  month,  so  collected; 
and,  provided,  that  the  recorder  may  retain  for  his  own  use, 
all  fees  collected  for  filing  or  recording  proofs  of  labor  or 
notices  of  location  of  mining  claims. 

4.  The  auditor  six  hundred  dollars  per  annum. 

5.  The  treasure-,  twelve  hundred  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum  and 
ten  per  cent  on  all  licenses  collected  by  him. 

.  7.  The  assessor,  one  thousand  six  hundred  and  fifty  dollars 
per  annum. 


Act  S37,  §  20?  COUNTY    GOVERNMENT.  M)» 

8.  The  district  attorney,  one  thousand  four  hundred  dollars 
]><  r  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  dollars  per 
annum  and  actual  traveling  expenses  while  visiting  the 
schools  of  the  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be 

hereafter  allowed  by  law. 

1  !.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors  five  dollars 
per  day  for  each  day's  actual  service  while  the  board  is  in 
session  and  ten  cents  per  mile  for  each  mile  necessarily  trav- 
eled to  and  from  the  place  of  meeting;  also  three  dollars  per 
day  for  each  day's  service  while  serving  as  road  commis- 
sioner. Such  compensation,  as  road  commissioner,  not  to 
exceed  three  hundred  dollars  per  annum. 

16.  Grand  jurors  and  jurors  in  the  superior  court  in  crimi- 
nal cases  shall  be  paid  three  dollars  per  day  for  each  day's 
attendance  and  for  each  mile  actually  traveled  in  going  only, 
while  actittg  as  such  juror,  fifteen  cents;  and  the  judge  of 
said  court  shall  make  an  order  directing  the  auditor  to  draw 
his  warrant  on  the  treasurer  in  favor  of  such  juror  for  said 
per  diem  and  mileage,  and  the  treasurer  shall  pay  the  same. 

The  provisions  of  section  two  hundred  and  six  of  this  act, 
so  far  as  the  same  relates  to  fees  of  jurors,  shall  take  effect 
on  August   1,  1901. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage.  [Amendment  approved  March  20,  1905;  Stats. 
1905,  p.  373.  In  effect  partly  at  once,  and  in  part  August 
1,   1901.] 

Sec.  207.  In  counties  of  the  fiftieth  class,  the  county  of- 
ficers shall  receive  as  compensation  for  the  services  required 


303  COUNTY    GOVERNMENT.  Act  S?,T,  J  207 

of  them  by  law  or  by   virtue  of  their  office,  the   following 
salaries,  to  wit: 

1.  The  county  clerk,  two  thousand  dollars  per  annum,  ex- 
cept in  the  years  when  a  general  election  is  held,  and  in  such 
years,  he  shall  receive  two  thousand  three  hundred  dollars 
per  annum. 

2.  The  sheriff  four  thousand   dollars  per  annum. 

3.  The  recorder  one  thousand  eight  hundred  dollars  per  an- 
num. 

4.  The  auditor  four  hundred  dollars  per  annum. 

5.  The  treasurer  one  thousand  six  hundred  dollars  per 
annum. 

6.  The  tax  collector  seven  hundred  fifty  dollars  per  annum. 

7.  The  assessor  one  thousand  eight  hundred  dollars  per 
annum. 

8.  The  district  attorney  one  thousand  five  hundred  dollars 
per  annum. 

9.  The  coroner  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools  eight  hundred  dollars 
per  annum,  and  actual  traveling  expenses  when  visiting  tha 
schools  of  the  county. 

12.  The  surveyor  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  here- 
after be  allowed  by  law. 

14.  Constables  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

15.  Each  supervisor  eight  dollars  per  day  while  the  board 
is  in  session,  and  mileage  from  residence  to  the  county  seat 
at  each  sitting  of  the  board  of  20  cents  per  mile;  also  twenty 
cents  per  mile  for  each  mile  actually  and  necessarily  trav- 
eled in  discharging  the  duties  of  road  commissioner,  but  he 
shall  not  in  any  one  year  receive  more  than  three  hundred 
dollars  for  per  diem  as  supervisor,  and  he  shall  not  in  any- 
one year  receive  more  than  three  hundred  dollars  as  road 
commissioner. 


§  208  COTjNTY   GOVERNMENT.  *>4 

16.  The  license  collector  ten  per  cent  of  all  licenses  col- 
lected by  aim. 

Tli is  act  so  far  as  it  relates  to  counties  of  this  class,  shall 
not  affect  the  compensation  of  officers  during  the  present 
[term]  of  office,  except  as  herein  otherwise  specially  pro- 
vided. [Amendment  approved  March  20,  1905;  Stats.  1905, 
p.  325.     In  effect  in  sixty  days.] 

Sec.  208.  In  counties  of  the  fifty-first  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  one  thousand  five  hundred  dollars  per 
annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The  recorder,  one  thousand  dollars  per  annum;  provided; 
that  in  counties  of  this  class  there  shall  be  and  is  hereby 
allowed  to  the  recorder  a  copyist,  who  shall  be  appointed  by 
the  recorder,  and  paid  the  salary  of  fifty  dollars  per  month; 
said  salary  to  be  paid  by  said  county  in  monthly  install- 
ments, at  the  time  and  in  the  same  manner,  and  out  of  the 
same  fund  as  the  salary  of  the  recorder  is  paid.  This  section 
shall  take  effect  immediately  in  so  far  as  it  relates  to  the 
salary  of  said  copyist. 

-    4.  The  auditor,  five  hundred  dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  five  hundred  dollars  per  annum,  and 
ten  per  cent  on  all  licenses  collected  by  him  as  license  col- 
lector. 

7.  The  assessor,  one  thousand  five  hundred  dollars  per  an- 
num ;  provided,  that  in  counties  of  this  class  there  shall  be 
and  is  1h  r<  by  allowed  to  the  assessor  one  deputy,  to  be  ap- 
pointed by  him,  who  shall  receive  the  salary  of  seventy-five 
dollars  per  month  for  not  exceeding  four  months  in  any  cal- 


; 


30S  COUNTY    GOVERNMENT.  Act  837,  §  1103 

endar  year,  said  salary  to  be  paid  by  said  county  in  monthly 
installments,  at  the  same  time  and  in  the  same  manner,  and 
out  of  the  same  fund  as  the  salary  of  the  assessor  is  paid. 
This  section  shall  take  effect  immediately  in  so  far  as  it  re- 
lates to  the  salary  of  said  deputy. 

8.  The  district  attorney,  one  thousand  two  hundred  dol- 
lars per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

11.  The  superintendent  of  schools,  fifteen  hundred  dollars 
($1500)  per  annum,  and  actual  traveling  expenses  when 
visiting  the  schools  of  this  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  hereafter 
be  allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

15.  Each  supervisor,  six  dollars  per  day  when  the  board  is 
in  a  session,  not  to  exceed  three  hundred  dollars  per  year, 
exclusive  of  mileage,  and  twenty-five  cents  per  mile  for  trav- 
eling one  way  only  from  his  residence  to  the  county  seat  at 
each  sitting  of  the  board;  and  his  necessary  expenses  while 
supervising  the  roads  of  his  district,  or  attending  to  the 
business  of  the  county,  other  than  the  meetings  of  the  board, 
not  to  exceed  the  sum  of  four  hundred  and  sixty  dollars  per 
annum.  This  section  shall  take  effect  immediately  in  so  far 
as  it  relates  to  the  necessary  expenses  of  supervisors  while 
supervising  their  roads,  or  while  engaged  in  attending  to  the 
business  of  the  county  other  than  the  meetings  of  the  board. 

16.  In  counties  of  this  class,  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking 
notes  in  civil  and  Criminal  cases  tried  in  said  court,  and  for 
preliminary  examinations  in  justices '  courts,  and  at  coroners 

Gen.  Laws— 20 


Act  837,  {  209  COUNTY    GOVERNMENT.  80« 

inquests,  a  per  diem  of  ten  dollars,  and  for  transcription  of 
said  notes  when  required  during  the  progress  of  a  trial,  he 
shall  receive  the  sum  of  twenty-five  cents  per  folio  for  the 
original  and  five  cents  per  folio  for  one  copy;  but  if  such 
transcription  is  not  required  until  after  conclusion  of  trial, 
then  he  shall  receive  the  sum  of  ten  cents  per  folio  for  origi- 
nal, and  five  cents  per  folio  for  copies  required;  said  com- 
pensation for  transcription  in  criminal  cases  to  be  audited 
and  allowed  by  the  board  of  supervisors  as  other  claims 
against  the  county,  and  paid  out  of  the  county  treasury;  and 
in  civil  cases  to  be  paid  by  the  party  ordering  the  same,  or 
when  ordered  by  the  judge,  by  either  party,  or  jointly  by 
both  parties,  as  the  court  may  direct.  He  shall  also  be  al- 
lowed his  actual  traveling  expenses  when  reporting  outside 
the  county  seat.  [Amendment  approved  March  20,  1905; 
Stats.  1905,  p.  320.  In  effect  in  part  immediately  and  in 
part,  in  sixty  days.] 

Sec.  209.  In  counties  of  the  fifty-second  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  fifteen  hundred  dollars  per  annum. 

2.  The  sheriff,  three  thousand  dollars  per  annum. 

3.  The   recorder,   eight   hundred   dollars  per  annum. 

4.  The   auditor,  six   hundred   dollars   per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one   thousand  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred   dollars  per  annum. 

8.  The  district  attorney,  one  thousand  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  seven  hundred  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 


Xfi  COtttfTT  GOVERNMENT?.  Act  837.  8  210 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may  be 
hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  two  hun- 
dred and  fifty  dollars  per  annum;  mileage  from  residence 
to  county  seat  at  each  sitting  of  the  board,  twenty  cents 
per  mile.  [Amendment  approved  March  23,  1901.  Stats. 
1901,  790.  In  effect  12  M.  on  first  Monday  after  January 
1,  1903.] 

Sec.  210.  In  counties  of  the  fifty-third  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  re- 
quired by  taem  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  sixteen  hundred  dollars  per  annum. 

2.  The  sheriff  five  thousand  per  annum  and  mileage  for  ser- 
vice of  any  and  all  processes  required  by  law  to  be  served  by 
him,  at  the  rate  of  ten  cents  per  mile  for  every  mile  neces- 
sarily traveled  in  the  performance  of  such  duty,  and  for  ser- 
vice of  all  processes  issued  from  all  courts  outside  of  his 
county. 

3.  The  recorder,  eight  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred   dollars  per  annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  one  thousand  dollars  per  annum. 

7.  The  assessor,  fifteen  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars  per 
annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 


Act  837,  §  210  COUNTY    GOVERNMENT.  ** 

13,  Justices  of  the  peace  shall  receive  the  following 
monthly  salaries,  to  be  paid  each  month  as  salaries  of  county 
officers  are  paid,  which  shall  be  in  full  compensation  for  all 
services  rendered,  as  hereinafter  provided.  In  townships 
having  a  population  of  three  thousand  or  more,  eighty-five 
dollars  per  month,  which  said  salary  shall  be  in  full  com- 
pensation for  all  services  rendered  by  said  justices  of  the 
peace  in  both  civil  and  criminal  eases,  and  all  such  fees  as 
are  allowed  by  law  in  civil  cases  shall  be  paid  by  said  jus- 
tices of  the  peace  into  the  county  treasury,  as  the  fees  of 
county  officers  are  paid  in.  In  townships  having  a  popula- 
tion of  not  less  than  two  thousand  and  under  three  thou- 
sand, thirty  dollars  per  month,  which  shall  be  in  full  com- 
pensation for  all  services  rendered  in  criminal  cases.  In 
addition  to  the  above  salary,  each  justice  of  the  peace  shall 
collect  and  retain  for  his  own  use  and  benefit  in  civil  cases, 
such  fees  as  are  now  or  may  be  hereafter  allowed  by  law. 
In  townships  having  a  population  of  not  less  than  one  thou- 
sand and  under  two  thousand,  twenty  dollars  per  month, 
which  shall  be  in  full  compensation  for  all  services  rendered 
in  criminal  cases.  In  addition  to  the  above  salary,  each  jus- 
tice of  the  peace  shall  collect  and  retain  for  his  own  use  and 
benefit  in  civil  cases,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law.  In  townships  having  a  population  of 
less  than  one  thousand,  fifteen  dollars  per  month,  which  shall 
be  in  full  compensation  for  all  services  rendered  in  criminal 
cases.  In  addition  to  the  above  salary  each  justice  of  the 
peace  shall  collect  and  retain  for  his  own  use  and  benefit  in 
civil  cases,  such  fees  as  are  or  may  be  hereafter  allowed  by 
law.  The  board  of  supervisors  shall  determine  the  popula- 
tion of  each  township  for  the  purpose  of  fixing  the  salary  of 
the  township  officers,  aforesaid. 

14.  Constable,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 


m  COUNT"?  GOVERNMENT.  Act  83?,  5  ill 

15.  Each  member  of  the  board  of  supervisors,  six  dollars 
per  day  when  board  is  in  session;  thirty  cents  per  mile,  one 
way.  Three  dollars  per  day  when  actually  serving  as  road 
commissioner,  not  to  exceed  three  hundred  dollars. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  taking 
notes  in  civil  and  criminal  cases  tried  in  said  court,  and  for 
preliminary  examinations  in  justices'  courts,  a  salary  of  ten 
dollars  per  diem  during  employment,  payable  out  of  the  coun- 
ty treasury,  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  county  officers,  and  for  transcription  of  said 
notes,  when  required,  he  shall  receive  the  sum  of  ten  cents 
per  folio  for  the  original  and  five  cents  per  folio  for  a  copy; 
said  compensation  by  transcription  in  criminal  cases  to  be 
audited  and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the  county  treas- 
ury, and  in  civil  cases  to  be  paid  by  the  party  ordering  the 
same,  or,  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct.  [Amend- 
ment approved  March  20,  1905;  Stats.  1905,  p.  439.  In  ef- 
fect in  sixty  days.] 

Sec.  211.  In  counties  of  the  fifty-fourth  class,  the 
county  otficers  shall  receive,  as  compensation  for  the  ser- 
vices required  of  them  by  law  or  by  virtue  of  their  office, 
the  following  salaries,  to   wit: 

1.  The  county  clerk,  one  thousand  three  hundred  dollars 
per  annum;  provided,  that  in  years  when  a  great  register 
is  ordered  the  county  clerk  shall  receive  in  addition  to  his 
regular  salary  the  sum  of  four  hundred  dollars  for  such 
services. 

2.  The  sheriff,  two  thousand  five  hundred  dollars  per 
annum,  and  twenty-five  cents  mileage,  in  going  only. 

3.  The  recorder,  four  hundred  dollars  per  annum;  pro- 
vided, that  the  recorder  may  retain  to  his  own  use  all  fees 
paid  him  for  recording  notices  of  location  of  mining  claims 
and   affidavits   of   annual   expenditures   upon   mining   claims, 


Act  &tt,  i  211  COUNTY   GOVERNMENT.  ?l" 

made  under  the  laws  of  congress;  and  further  provided,  that, 
all  acts  of  the  recorder  of  counties  of  this  class  in  retain 
ing  to  his  own  use  any  fees  for  recording  notices  of  loca- 
tion of  mining  claims  and  affidavits  gt  annua]  expendi- 
tures upon  mining  claims,  made  under  the  laws  of  eongi 
whether  done  as  mining  recorder  or  as  recorder,  are  hereby 
validated  and  declared  legal,  and  that  such  recorder  may 
continue  to  retain  to  his  own  use  such  fees,  and  this  act  in 
so  far  as  it  relates  to  the  matter  enumerated  in  the  last 
preceding  division  thereof  shall  take  effect  immediately 
upon  its  passage. 

4.  The  auditor,   three   hundred   dollars  per   annum. 

5.  The  treasurer,  one  thousand  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  and  fifty  dollars  per 
annum. 

7.  The  assessor,  one  thousand  six  hundred  dollars  per 
annum. 

8.  The  district  attorney,  one  thousand  dollars  per  an- 
num, and  his  necessary  traveling  expenses,  to  be  allowed 
by  the   board  of  supervisors. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  six  hundred  and 
twenty-five  dollars  per  annum,  and  actual  traveling  ex- 
penses when  visiting  the  schools  of  his  county. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  supervisor,  three  hundred  and  fifty  dollars  per 
annum,  and  twenty  cents  per  mile  for  traveling  to  and 
from  his  residence  to  the  county  seat  at  each  session. 

When  traveling  by  ordt  r  of  the  board  upon  county  busi- 
ness, each  supervisor  shall  be  allowed  his  actual  Itemized 
expenses.  For  all  services  as  road  commissioner,  each 
supervisor  shall  receive  three  dollars  per  day,  but  lie  shall 
not  in  any  one  year  receive  more  than  five  hundred  dollars  as 
supervisor. 

16.  The  license  collector,  such  compensation  as  the 
board  of  supervisors  shall  fix.  [Amendment  approved  March 
20,  1905;  Stats.  1905,  p.  523.  In  effect  in  p«rt  immediately 
and  in  part  in  sixty  days.] 


311  COUNTY    GOVERNMENT.  Act  837,  5  212 

Sec.  212.  In  counties  of  the  fifty-fifth  class,  the  county 
officers  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offiees,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  nine  hundred  dollars  per  annum. 

2.  The  sheriff,  twelve  hundred   dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum. 

4.  The  auditor,  three  hundred  dollars  annum. 

5.  The  treasurer,  nine  hundred  dollars  per  annum. 

6.  The  tax  collector,  nine  hundred  dollars  per  annum. 

7.  The  assessor,  six  hundred  dollars  per  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or 
may  be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  four  hundred  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  three 
hundred  dollars  per  annum  and  twenty  cents  per  mile  in 
traveling  from  his  residence  to  the  county  seat,  going 
only;  provided,  that  only  one  mileage  shall  be  allowed  for 
any  regular  session  of  the  board. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
superior  court  shall  receive,  as  full  compensation  for  tak- 
ing notes  in  civil  and  criminal  cases  tried  in  said  court,  and 
for  preliminary  examinations  in  justices'  courts  and  at 
coroners'  inquests,  a  monthly  salary  not  to  exceed  fifty 
dollars,  pa\Table  out  of  the  county  treasury,  at  the  same 
time  and  in  the  same  manner  as  the  salaries  of  county  of- 
ficers; and  for  transcription  of  said  notes,  when  required, 
he  shall  receive  the  sum  of  ten  cents  per  folio  for  the  orig- 
inal and  five  cents  per  folio  for  a  copy;  said  compensation 
for  transcription  in  criminal  cases  to  be  audited  and  allowed 
by  the  board  of  supervisors  as  ^other  claims  against  the 
county,  and  paid  out  of  the  county  treasury,  and  in  civil 
cases,  to  be  paid  by  the  party  ordering  the  same,  or,  when 
ordered  by  the  judge,  by  either  party,  or  jointly  bv  u  .; 
parties,  as  the   court  may  direct. 


:l  837,  §  213 


mi'NTY    GOVERNMENT. 


BeC;  2'",.  Tii  counties  of  the  fifty-sixth  class  the  county 
officers  shall  re  eeive,  as  compi  nsation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  offices,  the  fol- 
lowing salaries,  to   wit : 

1.  The  county  clerk,  twelve  hundred  dollars  per  annum. 

2.  The  sin  riff,  twenty-six  hundred   dollars  per  annum. 

3.  The  recorder,  six  hundred  dollars  per  annum. 

I.  Tin    auditor,   two    hundred   dollars  pel  annum. 

5.  The   treasurer,  one   thousand   dollars   per  annum, 
(i.  The  tax  collector,  five  hundred  dollars  per  annum. 

7.  The  assessor,  twelve  hundred  dollars  p<  r  annum. 

8.  The  district  attorney,  nine  hundred  dollars  per  annum. 
'.».  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 

allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
he  hereafter  allowed  by  law. 

II.  The  superintendent  of  schools,  four  hundred  dollars 
per  annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peace,  such  fees  as  are  now  or  may 
be   hen. 'Iter  allowed  by  law. 

14:  Constables,  such  feeB  as  are  now  or  may  be  here- 
after allowed  by  law. 

15.  Each  member  of  the  board  of  supervisors,  six  dollars 
per  day  during  session,  and  thirty  cents  per  mile  one  way 
to  board  meeting;  three  dollars  per  day  (no  mileage)  as 
road  commissioner  when  actually  engaged  in  road  business. 

16.  In  counties  of  this  class  the  official  reporter  of  the 
Superior    court    shall    re  -    full    compensation    for    tak- 

iiiit.s  in  civil  and  criminal  cases  tried  in  said  court, 
and  for  preliminary  examinations  in  justices'  courts,  a  per 
diem  of  eight  dollars;  and  for  transcription  of  said  notes 
when  required  during  the  progress  of  the  trial,  he  shall 
receive  the  sum  of  twenty  cents  per  folio  for  the  original 
and  five  cents  per  folio  for  one  copy;  but  if  such  tran- 
scription is  not  required  until  after  conclusion  of  trial, 
then  he  shall  receive  the  sum  of  ten  cents  per  folio  for 
original,  and  three  cents  per  folio  for  copies  required;  said 
Compensation  for  transcription  in  criminal  cases  to  be  au- 
dited and  allowed  by  the  board  of  supervisors  as  other 
claims  against  the  county,  and  paid  out  of  the  county 
treasury,  and  in  civil  caseB,  to  be  paid  by  the  party  ordering 
the  same,  or  when  ordered  by  the  judge,  by  either  party,  or 
jointly  by  both  parties,  as  the  court  may  direct. 


313  COUNTY    GOVERNMENT.  Act  837,  §§  214,  214 Vs 

Sec.  214.  In  counties  of  the  fifty-seventh  class  the  county 
officers  shall  receive,  as  compensation  for  the  services  re- 
quired of  them  by  law  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  county  clerk,  five  hundred  dollars  per  annum. 

2.  The  sheriff,  five  hundred  dollars  per  annum. 

3.  The  recorder,  three  hundred  dollars  per  annum. 

4.  The  auditor,  two  hundred  dollars  per  annum. 

5.  The  treasurer,  three  hundred  dollars  per  annum. 

6.  The  tax  collector,  three  hundred  dollars  per  annum. 

7.  The  assessor,  three  hundred  dollars  per  annum. 

8.  The  district  attorney,  three  hundred  dollars  per  annum. 

9.  The  coroner,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

10.  The  public  administrator,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

11.  The  superintendent  of  schools,  one  hundred  dollars  per 
annum. 

12.  The  surveyor,  such  fees  as  are  now  or  may  be  here- 
after allowed  by  law. 

13.  Justices  of  the  peaee,  such  fees  as  are  now  or  may 
be  hereafter  allowed  by  law. 

14.  Constables,  such  fees  as  are  now  or  may  be  hereafter 
allowed  by  law. 

15.  Each  supervisor,  five  dollars  per  day  when  the  board 
is  in  session,  and  twenty  cents  per  mile  for  traveling  from 
his  residence  to  the  county  seat,  going  only,  and  only  one 
mileage  shall  be  allowed  for  any  regular  session  of  the 
board;  and,  when  serving  as  road  commissioner,  three  dol- 
lars per  day.  Such  per  diem  not  to  exceed  the  total  sum  of 
fifty  dollars  per  annum. 

Provided,  however,  that  five  per  cent  only  shall  be  al- 
lowed the  sheriff  or  tax  collector  as  fees  for  collecting  li- 
censes in  counties  of  this  class. 

Sec.  214%.  Public  welfare  and  present  necessity,  in 
the  counties  of  the  classes  below  named,  requiring  that  in 
counties  of  the  first,  second,  third,  and  fourth  classes  in  this 
state  there  should  be  an  official  matron  of  the  several  county 
jails  there,  to  have  the  powers  and  to  discharge  the  duties 
herein  specified,  the  office  of  matron  of  the  county  jail,  in 
and  for  each  of  the  counties  of  the  classes  above  named, 
is  hereby  created,  and  the  duties  and  powers  of  the  matron 
of  such  several  county  jails  shall  be  as  follows:  She  shall 
have  free  access  at  all  reasonable  times  to  the  immediate 
presence  of  all  female  prisoners  in  the  county  jail  of  which 


Act  837,  §  OS,  COUNTY    GOVERNMENT.  S14 

she  is  the  matron,  including  the  right  of  personal  visitation 
and  conversation  with  them;  and,  in  all  cases  of  searching  the 
person  of  female  prisoners  in  such  jail,  the  matron  exclu- 
sively shall  make  such  search;  and  the  matron  shall  by  ex- 
ample, advic-.  and  admonition  employ  her  best  abilities  to 
secure  and  promote  the  health,  welfare,  and  reformation  of 
all  such  prisoners. 

The  term  of  office  of  such  matron  shall  be  two  years 
from  her  appointment  and  qualification  and  until  her  suc- 
cessor is  appointed  and  qualified.  The  sheriff  of  each 
county  (oi  the  classes  above  named)  is  hereby  authorized 
and  empowered  to  appoint,  and  to  provide  for  the  payment 
of  the  compensation  of,  a  matron  of  the  county  jail  of  the 
county  of  which  they  arc  such  board,  and  to  specify  the 
conditions,  and  fix  the  amount  of  the  matron's  official  bond, 
to  be  approved  by  such  board.  The  monthly  compensa- 
tion of  such  matron  in  the  several  counties  of  the  classes 
above  mentioned  (regulated  hereby  in  proportion  to  the 
duties  to  be  discharged)  shall  be  as  follows,  payable  monthly: 
In  counties  of  the  first  class,  seventy-five  dollars;  in  coun- 
ties of  the  second  class,  fifty  dollars;  in  counties  of  the  third 
class,  forty  dollars;  in  counties  of  the  fourth  class,  thirty- 
five  dollars,  and  in  counties  of  the  fifth  class,  thirty  dollars. 
To  further  the  carrying  into  effect  of  the  authority  above 
conferred  and  in  the  furtherance  of  the  discharge  of  the 
duties  of  the  matrons  of  such  county  jails,  it  is  hereby  en- 
acted that  no  officer,  deputy,  jailer,  keeper,  guard  or  per- 
son having  charge  or  control  of  any  such  county  jail  shall 
refuse  the  duly  appointed  and  qualified  matron  thereof 
free  access  at  all  reasonable  times  to  the  immediate  pres- 
ence of  all  female  prisoners  therein,  including  the  right  of 
visitation  and  conversation  with  them,  or  in  such  jail  allow 
the  searching  of  the  person,  in  the  ease  of  a  female  prisoner, 
to  be  made  except  by  the  matron  of  such  jail,  or  obstruct 
the  performance  by  the  matron  of  her  official  duties  in  such 
jail  as  those  duties  may  be  specified  under  the  provisions 
of  this  act  or  of  law.  [New  section  approved  March  2'.\,  1901, 
Stats.  1901,  681.     In  effect  immediately.] 

Sec.  215.  The  salaries  and  fees  provided  in  this  act 
shall  be  in  full  compensation  for  all  services  of  every  kind 
and  description  rendered  by  the  officers  herein  named 
either  as  officers  or  ex-officio  officers,  their  deputies  and  as- 
sistants, unless  in  this  act  otherwise  provided,  and  all  dep- 
uties employed  shall  be  paid  by  their  principals  out  of  the 
salaries   hereinbefore  provided,   unless  in   this  act  otherwise 


SIS  COUNTY   GOVERNMENT  Act  837,  §  215 

provided;  provided,  and  except  that  where  an  assistant  dis- 
trict attorney  has  been  heretofore  appointed  in  any  county, 
either  under  the  provisions  of  subdivision  thirty-six  of  sec- 
tion twenty-five,  or  under  any  ether  provisions  of  an  act 
entitled  "An  act  to  establish  a  uniform  system  of  county 
and  township  government,"  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-three,  and  such  assistant  is 
continued  by  the  provisions  of  this  act,  cither  as  an  as- 
sistant or  deputy  in  such  county,  then  such  deputy  or  as- 
sistant shall  be  paid  out  of  the  funds  of  such  county,  as 
heretofore  or  herein  provided;  the  assessor  shall  be  entitled 
to  receive  and  retain  for  his  own  use  six  per  cent  on  per- 
sonal property  tax  collector  by  him,  as  authorized  by  section 
thirty-eight  hundred  and  twenty  of  the  Political  Code,  and 
fifteen  per  cent  of  all  amounts  collected  by  him  for  poll 
taxes,  and  road  poll  taxes,  and  also  five  dollars  per  hun- 
dred names  of  persons  returned  by  him  as  subject  to  mili- 
tary duty,  as  provided  in  section  nineteen  hundred  and  one 
of  the  Political  Code,  and  the  license  collector  shall  be  en- 
titled to  receive  and  retain  for  his  own  use  ten  per  cent  on 
all  licenses  collected  by  him,  except  where  otherwise  pro- 
vided in  this  act ;  provided,  however,  that  in  counties  and 
cities  and  counties  of  the  first,  second,  and  third  class,  the 
assessor  shall  receive  no  commission  for  the  collection  of 
taxes  on  personal  property,  nor  shall  such  assessor  receive 
any  compensation  for  making  out  military  roll  of  persons 
returned  by  him  as  subject  to  military  duty  as  provided  by 
section  nineteen  hundred  and  one  of  the  Political  Code; 
nor  shall  the  license  collector  in  cities  and  counties  of  the 
first  class  and  counties  of  the  second  class  receive  any 
commission  on  licenses  collected  by  him  except  the  commis- 
sions on  state  liquor  licenses;  provided,  that  the  treasurer 
shall  receive  and  retain  for  his  own  use  the  commissions 
on  all  inheritance  and  transfer  taxes  collected  by  him, 
and  provided  further,  that  whenever  the  treasurer  of  any 
county  shall  employ  a  special  attorney  for  the  collection  of 
such  taxes  said  attorney  shall  be  paid  out  of  the  commis- 
sions and  fees  allowed  by  law  for  the  collection  of  such 
taxes;  provided  that  in  any  county  where  the  number  of 
judges  of  the  superior  court  shall  have  been  increased 
since  the  first  day  of  January,  eighteen  hundred  and 
ninety-seven,  or  shall  hereafter  be  increased,  there  must  be 
and  there  hereby  is  allowed  to  the  sheriff  of  such  county, 
by  reason  of  such  increase,  one  additional  deputy,  to  be 
appointed  bv  the  sheriff,  at  a  salary  not  exceeding  twelve 
hundred    dollars   per   annum,   to   be   paid   at   the   same    time 


Act  837,   §  216 


COT'NTY    GOVERNMENT. 


and  in  the  same  manner  as  other  county  officers  are  paid; 
and  also  there  must  be  ami  is  hereby  allowed  to  the  county 
ilc  rk  of  Bach  county,  one  additional  deputy  to  act  as  court- 
room clerk,  for  each  judge  so  appointed  or  elected,  at  a 
salary  no1  <  xceeding  twelve  hundred  dollars  per  annum  for 
each  of  said  deputies,  to  be  paid  at  the  same  time  and  in 
Hi.  same  manner  as  other  county  officers  are  paid.  The 
board  of  supervisors  shall  allow  to  the  sheriff  his  necessary 
expenses  lor  pursuing  criminals,  or  transacting  any  crim- 
inal business,  and  for  boarding  prisoners  in  the  county  jail; 
provided  that  the  board  of  supervisors  shall  fix  a  reason- 
able price  at  which  such  prisoners  shall  be  boarded,  if  not 
otherwise  provided  for  in  this  act;  provided,  further,  that 
tin-  shrrin  shall  he  entitled  t<>  receive  ami  retain  for  his 
own  use,  five  ilnllars  per  diem  for  conveying  prisoners  to 
ami  from  the  state  prisons,  and  for  conveying  persons  to 
and  from  the  insane  asylums,  or  other  state  institutions 
not  otherwise  provided  for  by  law;  also,  all  expenses  neces- 
sarily jncurred  in  conveying  insane  persons  to  and  from 
the  Sylums,   and    in    conveying   persons  to   and   from 

the  state  prisons,  or  other  state  institutions,  which  per  diem 
ami  '  cpenses  shall  be  allowi  .1  by  the  board  of  examiners, 
Collected  from  the  state.  The  court  shall  also  allow  the 
slurill*  his  necessary  expenses  in  keeping  ami  preserving 
property  seized  on  attachment  or  executions,  to  be  paid 
out  of  the  fees  collected  in  the  action.  The  sheriff  may 
retain  for  his  own  use  the  mileage  for  service  of  papers  or 
proci  ss  issued  by  any  court  of  the  state. 

Provided  further  that  the  county  treasurers  of  the  sev- 
eral counties  of  this  state,  where  their  necessary  expense 
incurred  in  the  making  of  the  state  settlements  provided 
for  by  Bection  3866,  Political  Code,  shall  exceed  the  maxi- 
mum amount  of  mileage  allowed  them  by  section  3876  of 
the  Political  Code,  shall  be  allowed  out  of  the  county 
treasury  of  their  respective  counties,  the  amount  of  such 
38,  which  shall  be  paid  as  other  demands  against  the 
count v  are  pai.1.  [Amendment  approved  March  21,  1905; 
ts.  1905,  p.  582.     In  effect  in  sixty  days.] 

PEES  TO  BE  PAID  INTO  THE  COUNTY  TREASUBY. 

Sec.  216.  All  salaried  officers  of  the  several  counties 
of  this  state  shall  charge  and  collect  for  the  use  of  their 
respective  counties,  and  pay  into  the  county  treasury,  c.l 
the  t'nsi  fcionday  in  each  month,  the  fees  now  or  hereafter 
allowed  by  law  in   all   cases,  except  where  such   fees,  or  a 


317  COUNTY    GOVERNMENT.  Act  837.  J  J  217-2U' 

percentage    thereof,   is   allowed   such   officers,   and    excepting 
also  such  fees  as  are  a  charge  against  the  county. 

FEE  BOOK.    ' 

Sec.  217.  Each  of  the  officers  authorized  to  receive 
fees  under  the  provisions  of  this  act  must  keep  a  fee  book, 
open  to  the  public  inspection  during  office  hours,  in  which 
must  be  entered,  at  once  and  in  detail,  all  fees  or  compensa- 
tion, of  whatever  nature,  kind,  or  description,  collected  or 
chargeable.  On  the  first  Monday  of  each  and  every  month, 
the  officer  must  add  up  each  column  in  his  book  to  the  first 
day  of  the  month,  and  set  down  the  totals.  On  the  expira- 
tion of  the  term  of  such  officer,  he  must  deliver  all  fee 
books  kept  by  him  to  the  county  auditor. 

STATEMENT  OF  FEES. 

Sec.  218.  The  fees  and  compensation  collected  and 
chargeable  for  the  county  in  each  month  shall  be-  paid 
to  the  county  treasurer  on  the  first  Monday  in  the  fol- 
lowing month,  and  must  be  accompanied  by  a  statement 
of  the  aggregate  amount  thereof,  as  shown  by  the  fee 
book,  duly  verified  by  the  officer  making  such  payment. 
The  affidavit  shall  be  in  the  following  form:  "I,  A.  B., 
county  clerk  (or  other  officer,  as  the  case  may  be),  do  swear 
that  the  fee  book  in  my  office  contains  a  true  statement  in 
detail  of  all  fees  and  compensation  of  every  kind  and  na- 
ture for  official  services  rendered  by  me,  my  deputies,  and 

assistants,  for  the  month  of  ,  A.  D.  ,  and  that  said 

fee  book  shows  a  full  amount  received  or  chargeable  in 
said  month,  and  since  my  last  monthly  payment;  and 
neither  myself,  nor  to  my  knowledge  or  belief,  any  of 
my  deputies  or  assistants  have  rendered  any  official  ser- 
vice, except  for  the  county,  which  is  not  fully  set  out  in 
said  fee  book,  and  that  the  foregoing  statement  thereof  ia 
true  and  correct. ' ' 

The  treasurer  shall  file  and  preserve  in  his  office  said  state- 
ments and  affidavit. 

SALAEY  FUND. 

Sec.  219.  For  the  purpose  of  paying  the  salaries  pro- 
vided for  in  this  act,  all  fees  directed  to  be  paid  into  the 
county  treasury  shall  be  set  apart  therein  as  a  separate 
fund,  to  be  known  as  the  salary  fund,  to  be  applied  to  the 
payment  of  said  salaries.     Should  the  amount  received  from 


Act  837,  §§  220-223  COfXTY    GOVERNMENT:  J18 

such  source  be  insufficient,  it  shall  be  the  duty  of  the 
county  treasurer  from  time  to  time  to  transfer  to  said  fund 
from  the  general  fund  of  the  county  such  sums  as  may  be 
necessary   to  pay  said   salaries  as   they  become  due. 

SALARIES— HOW  PAID. 

220.  The  salaries  of  such  officers  named  in  this  act 
as  are  entitled  to  salaries  shall  be  paid  monthly  out  of  the 
county  treasury;  and  it  shall  be  the  duty  of  the  auditor, 
im  the  first  Monday  of  each  and  every  month,  to  draw 
his  warrant  upon  the  county  treasurer  in  favor  of  each  of 
Bald  officers  Cor  the  amount  of  salary  due  him  under  the 
provisions  of  this  act  for  the  preceding  month;  except  that 
one-half  of  the  annual  salary  of  the  assessor  shall  be  paid 
to  him  in  equal  monthly  installments  for  the  months  of 
March,  April,  May,  and  June,  and  one-half  in  equal  monthly 
installments  for  the  remaining  eight  months  of  the  year. 
The  treasurer  shall  pay  said  warrants  on  presentation  out 
of  the  salary  fund  of  the  county  treasury. 

STATEMENT    OF    FEES    MUST    PRECEDE     WARRANT 
FOR  SALARY. 

Sec.  221.  The  auditor  shall  not  draw  his  warrant  for 
the  salary  of  any  such  officer  for  any  month  until  the  latter 
shall  first  have  presented  him  with  the  certificate  of  the 
county  treasurer,  showing  that  he  has  made  the  statement 
and  settlement   for  that  month  required  in  this  act. 

OFFICIAL    SERVICES    AND   FEES. 

Sec.  222.  The  officers  mentioned  in  this  act  are  not  in 
any  case,  except  for  the  state  or  county,  to  perform  any 
oilieial  services,  unless  upon  the  prepayment  of  fees  pre- 
scribed for  such  services,  except  in  cases  on  habeas  corpus 
and  for  naturalization,  and  on  such  payment  the  officer  must 
perform  the  services  required.  For  every  failure,  or  re- 
fusal to  perform  official  duty  when  the  fees  are  tendered, 
the  officer  is  liable  on  his  official  bond. 

ACCOUNT  AND  RECEIPT  FOR  FEES. 

Sec.  223.  Every  officer,  upon  receiving  any  fees  for 
official  duty  or  service,  may  be  required  by  the  person  paying 
the  same  to  make  out,  in  writing,  and  deliver  to  such  per- 
son a  particular  account  of  such  fees,  specifying  for  what 
they,  respectively,  accrued,  and  shall  receipt   the  sunn  ;  and 


314  COUNTY    GOVERNMENT.  Act  837,  §§  224-228 

if  he  refuse  or  neglect  to  do  so  when  required,  he  shall  be 
liable  to  the  party  paying  the  same  in  treble  the  amount 
so  paid. 

POSTEE  OF  FEES  OF  JUSTICES. 

Sec.  224.  It  shall  be  the  duty  of  each  justice  of  the 
peace  to  prepare,  and  keep  posted  in  a  conspicuous  place 
in  his  office,  a  plain  and  legible  statement  of  the  fees  al- 
lowed by  law  to  justices  of  the  peace  and  constables,  upon 
pain  of  forfeiting,  for  failure  so  to  do,  fifty  dollars,  to  be 
recovered,  with  costs,  by  any  person,  before  any  other 
justice  of  the  peace  of  the  county. 

ILLEGAL  FEES. 

Sec.  225.  The  board  of  supervisors,  upon  receiving  a 
certified  copy  of  the  record  of  conviction  of  any  officer  for 
receiving  illegal  fees,  must  declare  his  office  vacant. 

SERVICES  PERFORMED  BY  SUCCESSOR. 

Sec.  226.  It  shall  be  the  duty  of  all  officers  in  this 
act  named  to  complete  the  business  of  their  respective 
offices  to  the  time  of  the  expiration  of  their  respective  terms; 
and  in  case  any  officer  at  the  close  of  his  term  shall  leave 
to  his  successor  official  labor  to  be  performed,  which  it 
was  his  duty  to  perform,  he  shall  be  liable  to  pay  to  his 
successor  the  full  value  for  such  services. 

NO    FEES    ON    HABEAS    CORPUS. 

Sec.  227.  No  fee  or  compensation  of  any  kind  must  be 
charged  or  received  by  any  officer  for  duties  performed  or 
services  rendered  in  proceedings  upon  habeas  corpus  or  nat- 
uralization, nor  for  administering  or  certifying  the  oath  of 
office,  nor  fees  or  other  compensation  shall  be  paid  for  serv- 
ice rendered  in  an  affidavit  or  application  relating  to  the 
securing  of  a  pension  or  the  payment  of  a  pension  voucher, 
or  any  matter  relating  thereto,  nor  filing  nor  swearing  to 
any  claim  or  demand  against  any  county  in  this  state. 

Sec.  228.     The  following  are  county  charges: 

1.  Charges  incurred  against  the  county  by  virtue  of  any 
of  the  provisions  of   this  act. 

2.  The  traveling  and  other  personal  expenses  of  the  dis- 
trict attorney,  incurred  in  criminal  cases  arising  in  the 
county,  and  in  civil  actions  and  proceedings  in  which  the> 
county  is  interested,   and  all  other  expenses   necessarily  in- 


Act  837,   §§  220,  230  COUNTY    GOVERNMENT.  320 

curred  by  him  in  the  detection  of  crime  and  prosecution  of 
criminal  eases,  and  in  civil  actions  and  proceedings  and  all 
other  matti  ra  in  which  the  county  is  interested. 

3.  The  expenses  necessarily  incurred  in  the  support  of 
persons  charged  with  or  convicted  of  crime  and  committed 
therefor   to   the  county  jail. 

4.  The  sums  required  by  law  to  be  paid  to  the  grand  and 
trial  jurors  and   witnesses  in  criminal  cases. 

5.  The  accounts  of  the  coroner  of  the  county  for  such 
services  as  are  not  provided  to  be  paid  otherwise. 

6.  All  charges,  and  accounts  for  services  rendered  by  any 
justice  of  the  peace  in  the  examination  or  trial  of  persons 
charged  with  crime,  not  otherwise  provided  for  and  allowed 
by  law. 

7.  The  necessary  expenses  incurred  in  the  support  of  the 
county  hospitals,  poorhouses,  and  the  indigent  sick  and 
otherwise  dependent  poor,  whose  support  is  chargeable  to 
the   county. 

8.  The  contingent  expenses  necessarily  incurred  for  the 
use  and  benefit  of  the  county. 

9.  Every  other  sum  directed  by  law  to  be  raised  for  any 
county  purpose  under  the  direction  of  the  board  of  super- 
visors, or  declared  to  be  a  county  charge. 

10.  The  fees  of  constables  in  criminal  eases  allowed  by 
law. 

COST   OF  CRIMINAL  ACTIONS  ON  REMOVAL. 

Sec.  229.  When  a  criminal  action  is  removed  before 
trial,  the  cost  accruing  upon  such  removal  and  trial  shall 
be  a  charge  against  the  county  in  which  the  indictment  or 
Information  was  found. 

COSTS  ON  REMOVAL— HOW  CERTIFIED  AND  PAID. 

See.  230.  The  clerk  of  the  county  to  which  such  action 
is  removed  shall  certify  the  amount  of  costs  allowed  and 
certified  by  the  court  to  the  auditor  of  his  county,  and  such 
auditor  shall  audit  the  same  and  draw  his  warrant  therefor 
upon  the  treasury  of  the  county  from  which  such  action 
was  removed;  and  such  auditor  shall  forward  to  said  treas- 
urer and  auditor  of  the  county  from  which  said  action  was 
transferred,  as  aforesaid,  a  certified  copy  of  the  total 
amount  of  costs  allowed  by  the  court,  giving  each  item  as 
certified  to  him  by  the  county  clerk  and  the  court;  and  the 
auditor  receiving  such  certified  copy  of  said  costs  allowed 
shall   enter   the   same   in   his   book   as   a   charge   against   the 


321  COUNTY    GOVERNMENT.  Act  837,  §§  221-211 

treasury  of  his  county;  and  the  county  treasurer  of  the 
county  from  which  said  action  was  removed  must,  imme- 
diately upon  presentation,  pay  said  warrant  out  of  the 
general  fund  of  said  county;  or,  if  at  the  date  of  presenta- 
tion there  is  not  sufficient  money  in  the  said  general  fund 
to  pay  the  same,  he  must  indorse  upon  said  warrant,  "Not 
paid  for  want  of  funds,"  and  said  warrant  must  be  reg- 
istered, and  shall  draw  interest  at  the  same  rate,  and  be 
paid  in  the  same  manner,  as  though  it  had  been  drawn  by 
the  auditor  of  the  county  where  the  indictment  was  found. 

Sec.  231.  Counties  created  or  organized  after  the  pas- 
sage and  approval  of  this  act  shall  immediately  come 
under  and  be  governed  by  its  provisions,  so  far  as  the 
same  are  applicable  thereto.  When  the  population  of  any 
existing  county  shall  have  been  reduced,  by  reason  of  the 
creation  of  any  new  county  from  the  territory  thereof,  be- 
low the  class  and  rank  first  assumed  hereunder,  it  shall  be 
the  duty  of  the  board  of  supervisors  of  such  county  to  desig- 
nate by  order  the  class  to  which  such  county  has  been  re- 
duced by  reason  thereof,  and  such  county  shall  thereafter 
enter  the  list  of  such  class;  provided,  that  the  salary  of 
county  officers  shall  not  be  affected  by  reason  of  such  di- 
vision of  the  county  or  order  of  the  board,  for  the  term  for 
which  they  were  elected  and  qualified.  In  any  newly  created 
county,  for  the  purpose  of  fixing  the  salaries  and  fees  of 
county  and  township  offices,  the  board  of  commissioners  ap- 
pointed to  organize  said  new  county,  and  if  no  commis- 
sioners be  appointed,  then  the  board  of  supervisors  of  said 
new  county,  shall  classify  said  new  county  according  to  the 
population  classification  of  this  act.  In  each  case  the  pop- 
ulation shall  be  numerically  fixed,  and  when  so  fixed  shall 
be  certified  to  the  secretary  of  state  by  the  board  fixing  the 
same. 

Sec.  232.  All  acts  and  parts  of  acts  inconsistent  with 
this  act   are  hereby  repealed. 

Sec.  233.  The  provisions  of  sections  one  hundred  and 
fifty-eight  to  two  hundred  and  fourteen,  inclusive,  of  this 
act,  so  far  as  they  change  the  compensation  of  any  officer 
therein  named,  heretofore  paid  a  fixed  salary,  or  hereto- 
fore paid  a  fixed  salary  and  commissions,  and  not  fees  or 
per  diem,  shall  not  affect  incumbents,  unless  otherwise  pro- 
vided in  any  of  said  sections. 

Sec.  234.  This  act,  except  as  otherwise  herein  provided, 
shall  take  effect  and  be  in  force  sixty  days  from  and  after 
its  passage. 

Gen.  Laws — 21 


Acts  840,  841  COURTS.  *" 

TITLE  117. 
COURTS. 
ACT  840. 

An  act  appropriating  twenty-five  hundred  dollars  for  restor- 
ing certain  records  and  refitting  and  refurnishing  the 
office  of  the  clerk  of  the  supreme  court  in  the  city  of 
San  Francisco. 

[Approved    June    14,    1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do   enact   as   follows: 

Section  1.  There  is  hereby  appropriated  for  the  office  of 
the  clerk  of  the  supreme  court  in  the  city  of  San  Francisco 
the  sum  of  twentj'-five  hundred  dollars  to  enable  the  clerk  of 
the  supreme  court  to  restore  certain  records  and  to  refit  and 
refurnish  his  office  and  to  purchase  necessary  blanks  and 
printed  booka  and  stationery  and  such  other  items  as  may 
be  necessary,  all  being  necessary  because  of  the  destruction 
of  records  and  other  property  by  fire. 

Sec.  2.  Such  restoration  of  records,  refitting  and  re- 
furnishing shall  be  made  and  done  under  the  supervision  of 
the  clerk  of  the  supreme  court.  Bills  for  the  same  shall  be 
presented  to  the  state  board  of  examiners  and  when  al- 
lowed by  said  board  the  state  controller  shall  draw  his 
warrants  therefor  against  this  appropriation  and  the  state 
treasurer  shall   pay   the   same. 

See.  3.     This  act  shall  take  effect  immediately. 

ACT  841. 

An  act  to  appropriate  money  for-  the  purpose  of  supplying 
suitable  furniture,  furnishings,  stationery  and  supplies 
for  the  district  court  of  appeal  of  the  first  district. 

[Approved    June    14,    1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Four  thousand  dollars  is  hereby  appropriated 
out  of  any  money  in  the  state  treasury  not  otherwise  ap- 
propriated, for  the  purpose  of  supplying  suiiable  furniture, 
furnishings,  stationery  and  supplies  for  the  use  of  the  dis- 
trict court  of  appeal  of  the  first  district  in  the  city  and 
county  of  San  Francisco.  Said  money  shall  be  expended 
iui.lt  r  the  direction  of  a  majority  of  the  justices  of  the  said 
court. 

Sec.  2.     This  act  shall  take  effect  immediately. 


323  COYOTE   SCALPS— CRESCENT    CITY.  Acts  848- s:e 

ACT  842. 

Regulating    practice   in    supreme    court.      [Statv,    1871-2,    p. 

391.] 

Superseded    by   the   constitution   of  1S79. 

ACT  843. 

Determining  who  must   act   as  chief  justice  of  the  supreme 
court.     [Stats.  1871-2,  p.  364.] 
Superseded  by  the  constitution   of  1879. 

ACT  844. 

To  transfer  record*    etc..  from   thp   courts   existing  prior  to 
1879.      [Stats.   1880,  p.  2.] 

This    act    appears    in    full    in    Code    of    Civil    Procedure,    Appen-J.x, 
p.    782 

ACT  845. 

Authorizing  indsres  of  sunerior  court  in  counties,  and  ci'ie<= 
and  counties,  having  a  population  of  two  hundred  thou- 
sand or  over,  to  appoint  a  secretary.  [Stats.  1895,  p. 
98.] 

Thl«   art    apppars   in    full    in    Code   of    Civil    Procedure,    Appendix,    p.    764. 

ACT   846. 

To    confer  upon   the   superior   court   of   ^ach   county  powers 

heretofore  rtossessed  hy  the  district,  county  and  probate 

courts.      [Stats.  18S0,  p.   23.] 

Other    acts    relating    to    courts    can    be    found    In    the    Appendix    to 
the  Code  of   Civil   Procedure,   pp.   763   et   seq. 


TITLE   118. 
COYOTE   SCALPS. 
ACT  851. 

Fixing    a   bountv    on    coyote    scalps.      [Approved    March    31, 
1891.     Stats.    1891,    p.    280.] 
Repealed   1S9R.    l. 
Cal.    Rep.    Clt.     141,   355;     144,    6S3;     144,    686;     144,   6S9;     144,    693;     144,    694; 
144,   696. 


TITLE  119. 

CRESCENT  CITY. 
ACT  856. 

To  incorporate.     [Stats.  1854,  197.] 
Amended   1857,   56,   223;     1858,    233. 


Acts  S57-S63.  §§  1-3  CRIMINAL    LAW.  324 

ACT   857. 

Authorizing   location   of  townsite  of.      [Stats.   1859,   p.   24.] 
Amended  1SG0,  279;    1862,  226. 

ACT  858. 

Ceding  lands  to.     [Stats.  1867-8,  p.  335.] 

Amended   1SU9-70,    131. 

This  act  granted   to  Crescent  City  its  waterfront. 

ACT  859. 

Relating    to    the    road,    poll    and    property    tax    in.      [Stats. 
1877-8,  204.] 

Cal.    Rep.    Cit.     59,   549. 


TITLE  120. 

CRIMINAL  LAW. 
ACT   863. 

An  act  to  create  a  state  bureau  of  criminal  identi fixation, 
providing  for  the  appointment  of  a  director  os  said 
bureau,  denning  his  duties,  qualifications  and  powers, 
providing  for  the  appointment  of  a  clerk  of  said 
bureau,  and  fixing  his  qualification,  fixing  the  compen- 
sation of  said  director  and  clerk,  and  provided  for 
the  manner  of  paying  the  same,  and  providing  for  the 
expense  of  conducting  the  office. 

[Approved  March  20,  1905.     Stats.  1905,  p.  520.] 

Section  1.  There  is  hereby  created  a  state  bureau  of 
criminal  identification,  to  be  known  as  "The  Bureau  of 
Criminal   Identification   of  the   State   of  California." 

See.  2.  There  shall  be  a  director  of  said  bureau  ap- 
pointed by  the  board  of  prison  directors  of  the  State  of 
California  at  the  first  regular  meeting  held  by  them  after 
the  passage  of  this  act  whose  official  designation  shall  be 
"The  Director  of  the  State  Bureau  of  Criminal  Identifica- 
tion of  the  State  of  California,"  and  whose  term  of  office 
shall  bo  during  the  pleasure  of  the  board  of  prison  directors. 

Sec.  3.  It  shall  be  the  duty  of  said  director,  immedi- 
ately upon  assuming  his  office  to  file  for  record  and  report 
in  his  office  all  plates,  photos,  outline  pictures,  descriptions, 
information  and  measurement  of  all  people  who  have  been, 
or  may  thereafter  be  convicted  and  fined,  or  imprisoned 
for  violating  any  of  the  military,  naval,  or  criminal  laws 
of    the    United    States    of    America,    including    the    laws    in 


325  CRIMINAL   LAW.  Act  863,  §  §  4,  5 

force  in  any  of  the  territories  or  possessions  of  the  United 
States^  or  of  this  or  any  other  state. 

Sec.  4.  It  shall  be  the  duty  of  the  director  to  collect  as 
far  as  possible  and  file  for  record  and  report  in  his  office  all 
plates,  photographs,  outline  pictures,  measurements,  in- 
formation and  descriptions  of  all  persons  who  have  been 
or  who  hereafter  may  be,  convicted,  and  imprisoned,  fined 
or  otherwise  subjected  to  a  penalty ,_  by  reason  of  crimes 
committed  by  such  persons,  in  this  or  any  other  state,  ter- 
ritory or  possession  of  the  United  States  of  America,  ard 
it  shall  be  the  duty  of  the  director  to  use  all  diligence  in 
procuring  the  same  from  the  constituted  authorities  of  this 
or  any  other  states,  territories  or  possessions  of  the  United 
States  of  ,v  merica,  and  of  such  municipalities  thereof  as 
are  engaged  in  the  work  of  preserving  plates,  photographs, 
outline  pictures,  descriptions,  information  and  measure- 
ments of  persons  who  have  been  or  who  may  hereafter  be 
convicted  and  imprisoned,  fined  or  otherwise  punished  for 
crimes  committed  within  any  state,  territory  or  possession 
of  the  United  States  of  America,  and  said  director  shall  re- 
quest the  various  authorities  of  the  various  states,  terri- 
tories and  possessions,  within  the  United  States,  together 
with  the  authorities  of  the  municipalities  with  whom  he 
shall  communicate,  to  transmit  to  said  director  a  copy  of 
all  plates,  photographs,  outline  pictures,  descriptions,  in- 
formation and  measurements  herein  provided  for,  with  a 
duly  prepared  certificate  signed  by  an  authorized  officer  of 
the  law  having  knowledge  of  the  facts  therein  stated, 
which  certificate  shall  state  that  the  plates,  photographs, 
outline  pictures,  measurements,  information  and  description 
of  persons  forwarded  by  such  officer  to  the  director  in  ac- 
cordance with  the  provisions  of  this  act  are  the  absolute 
plates,  photographs,  outline  pictures,  measurements,  infor- 
mation and  descriptions  of  the  very  person  or  persons 
whose  plate,  photographs,  outline  pictures,  measurements, 
information  and  description  may  be  forwarded  by  such 
authorities  to  the  director  as  herein  provided.  Provided, 
that  it  shall  be  the  duty  of  said  director  to  use  all  dili- 
gence to  obtain  and  file  for  record  in  his  office  the  plates, 
photographs,  outline  pictures,  measurements,  or  informa- 
tion or  description  of  any  person  who  is  or  who  may  be 
hereafter,  a  fugitive  from  justice  or  wanted  by  the  author- 
ities of  the  United  States  or  of  this  state  by  reason  of  the 
commission   of  any   crime. 

Sec.  5.  It  shall  be  the  duty  of  said  director  to  file  or 
cause   to   be   filed    all    plates,   photographs,    outline   pictures, 


Act  863,  §§  6,  7  CRIMINAL    LAW.  i2« 

measurements,  information  and  flescription  which  shall  be 
received  by  him  by  virtue  of  his  office,  and  he  shall  make 
a  complete  and  systematic  record  and  index  of  the  same, 
providing  thereby  a  method  of  convenient  consultation  and 
comparison.  Provided,  that  it  shall  be  the  duty  of  said 
director  to  furnish,  upon  application,  all  information  per- 
taining to  the  identification  of  any  person,  or  persons,  a 
plate,  photograph,  outline  picture,  description,  measure- 
ment or  any  data  of  which  person  there  is  a  record  in  his 
office,  />ro)  iilcd,  however,  that  such  information  shall  be 
furnished  to  the  United  States  officers,  or  officers  of  other 
states  or  territories  or  possessions  of  the  United  States 
■  inly  authorized  to  receive  the  same  and  to  all  sheriffs  of 
the  State  of  California  which  applicant  shall  be  in  writ- 
ing, and  be  accompanied  by  a  certificate  signed  by  the  of- 
ficer making  such  application,  stating  that  the  information 
applied  for  is  necessary  in  the  interest  of  the  due  admin- 
istration of  the  laws,  and-  not  for  the  purpose  of  assisting 
a  private  citizen  in  carrying  on  his  personal  litigation,  or 
of  assisting  any  person  in  advancing  his  personal  interest, 
or  in  maliciously  or  uselessly,  harassing,  degrading  or  hu- 
miliating any  person  or  persons. 

Sec.  6.  In  this  bureau  may  be  used  the  following  sys- 
tems of  identification:  The  Bertillon,  the  Depue,  the  finger- 
print system  and  any  system 'of  measurement  that  may  be 
adopted  by  law  in  the  various  penal  institutions  of  this 
state.  It  shall  be  the  duty  of  the  director  to  keep  on  file 
in  his  office  a  record  consisting  of  duplicates  of  all  measure- 
ments, processes,  operations,  signalletic  cards,  plates,  photo- 
graphs, outline  pictures,  measurements  and  descriptions  of 
all  persons  confined  in  penal  institutions  of  this  state  as  far 
as  possible,  in  accordance  with  whatever  system  or  systems 
may  be  in  vogue  in  this  state,  and  he  shall  furnish  copies 
thereof  to  persons  in  the  manner  provided  by  section  5  of 
this  act. 

Sec.  7.  It  shall  be  the  duty  of  the  director  to  obtain 
from  the  wardens,  sup< -riiitt  ndent  or  manager  of  each  of 
the  state  prisons  and  other  penal  institutions  of  the  state, 
on  the  last  day  of  each  week  a  copy  of  all  photographs, 
and  descriptions  of  all  persons  admitted  to  and  all  persons 
discharged  from  such  institutions  during  such  week,  and 
it  is  hereby  made  the  duty  of  all  wardens,  superintendents 
and  managers  of  such  penal  institutions  to  furnish  to  said 
director  such  photographs  and  descriptions  in  such  manner 


326a  CRUELTY    TO    ANIMALS.  Acts  864-872 

as   to   enable  such  director  to   perform  his  duties   as  herein 
provided. 

Sec.  8.  The  director  shall  receive  a  salary  of  eighteen 
hundred  dollars  ($1800)  per  annum,  to  be  paid  in  th^ 
same  manner  and  out  of  the  same  fund  as  state  officers  are 
paid.  The  state  board  of  prison  directors  is  hereby  di- 
rected to  provide  office  room  and  furniture,  stationery  and 
necessary  lerical  assistance,  and  all  other  things  which  in 
their  judgment  are  necessary  to  properly  conduct  said 
bureau,  to  be  paid  for  pro  rata  out  of  the  current  expense 
funds  of  the  penal  institutions  under  the  control  of  such 
prison  directors. 

ACT  864. 

To  abolish  public  executions.     [Stats.  1858,  192.] 

Superseded  by   Penal   Code,   sec.   1229. 


TITLE   121. 

CEUELTY  TO  ANIMALS. 
ACT  869. 

For   the   more    effectual   prevention   of    cruelty   to      animals. 
[Stats.   1867-8,   604.] 

Continued  in  force,  Penal  Code,  sec.  23;  Political  Code,  sec.  19; 
but   repealed   by   act   of   1873-4,    502. 

ACT  870. 

Providing   for   the   more   effectual   prevention   of   cruelty   to 
animals.      [Stats.   1871-2,   p.   393.] 
Repealed    1S73-4,    502. 

ACT   871. 

For  the  more  effectual  prevention  of  cruelty  to  animals. 
[Stats.  1873-4,  p.  499.] 

Amended   1901,   285;     1303,  69. 

Codified  by  amendments  of  1903  of  Code  of  Civil  Procedure,  Civil 
and  Penal  Codes.  See  note  to  §  1208,  Code  of  Civil  Procedure,  note  to 
§   607,    Civil  Code,   and  notes  to   §  §   5y7,   597a,   599a,   599b,   599d,   Penal  Code. 

ACT  872. 

An  act  to  prohibit  the  use  of  the  bristle  bur,  tack   bur,  or 

other   like    devices   on    horses    or    other    animals    in    this 

state. 

[Approved   March   13,   1903.     Stats.    1903,   p.    139.] 


Act  876,  §  1  CRUELTY   TO    CHILDREN— DAIRIES.  t26b 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  hereafter  in  this  state 
for  any  one,  owner,  driver  or  other  person,  having  the 
care,  custody  or  control  of  any  horse  or  other  animal,  to 
use  what  is  known  as  the  bristle  bur,  tack  bur,  or  other 
like  device,  by  whatsover  name  known  or  designated,  on 
any  said  horse  or  other  animal  for  any  purpose  whatsoever. 

Sec.  2.  A  violation  of  the  provisions  of  this  act  shall  be 
deemed  a  misdemeanor  and  any  one  found  guilty  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  and  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  nor  more 
than  one  hundred  and  seventy-five  days,  or  may  be  punished  by 
both  such  fine  and  imprisonment. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

See.  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CRUELTY  TO  CHILDREN. 

See    title    Infancy,    post. 


TITLE  122. 
DAIRIES. 

ACT   876. 

An  act  to  prevent  the  sale  of  dairy  products  from  unhealthy 
animals  and  produced  under  unsanitary  conditions;  to  pro- 
vide for  the  inspection  of  dairy  stock,  dairies,  factories 
for  the  production  of  dairy  products  and  places  where 
dairy  products  are  handled  and  sold;  to  improve  the 
quality  of  dairy  prducts  of  the  state;  to  prevent  decep- 
tion in  the  sale  of  dairy  products  and  to  appropriate 
money  for  enforcing  its  provisions. 

[Approved  March  20,  1905.     Stats.  1905,  p.  462.] 

Section  1.  No  person  or  persons,  firms  or  corporations,  by 
themselves  or  their  agents  or  employes,  shall  sell,  expose  for 
sale  or  offer  for  sale,  or  exchange,  present  or  deliver  to  any 
creamery,  cheese  factory,  milk  condensing  factory,  or  any  other 
buyer  or  consumer,  any  unclean,  unwholesome,  stale,  impure 
milk,  cream,  butter,  condensed  or  evaporated  milk  or  other  ar- 
ticle  produced    from   such   milk   or   cream.     Neither   shall   any 


326c  DAIRIES.  Act  876,  §§  1,  A 

person  or  persons,  firms  or  corporations,  by  themselves  or  their 
agents  or  employes,  sell,  expose  for  sale,  or  offer  for  sale,  or 
exchange,  present  or  deliver  to  any  consumer,  creamery,  cheese 
factory,  milk  condensing  factory,  or  any  other  buyer  or  con- 
sumer, any  milk,  cream,  butter,  cheese,  condensed  milk  or  other 
products  manufactured  therefrom,  which  has  been  p-oduced  in 
or  by  a  dairy,  or  factory  of  dairy  products,  or  that  is,  or  has 
been,  handled  in  any  store  or  depot  that  is  in  an  unsanitary 
condition,  or  that  is  produced  from  cows  affected  by  any  disease 
or  from  cows  within  five  days  after  or  fifteen  days  preceding 
parturition. 

See.  2.  A  dairy  shall  be  deemed  unsanitary  under  the  mean- 
ing of  this  a.et  when,  among  other  causes  that  render  milk,  or 
products  made  therefrom,  unclean,  unwholesome,  impure,  and 
unhealthy. 

(&)  If  the  drinking  water  is  stagnant,  polluted  with  manure, 
urine,  drainage,  decaying  vegetable  or  animal  matter. 

(c)  If  the  yards  or  enclosures  are  filthy  or  unsanitary,  or  if 
any  part  of  such  yards  or  enclosures,  other  than  pastures,  are 
made  the  depositories  of  manure  in  heaps  or  otherwise  where 
it  is  allowed  to  ferment  and  decay. 

If  the  walls  become  soiled  with  manure,  urine  or  other  filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns  or  milking 
sheds  an  application  of  lime  whitewash  is  not  made  at  least 
once  in  two  years,  or  if  the  managers,  or  other  receptacles 
from  which  cows  are  fed,  decaying  food  or  other  material 
is   allowed  to   accumulate. 

(i)  If  the  pails,  cans,  bottles  or  other  containers  of  milk,  or 
its  products,  strainers,  coolers  or  other  utensils  coming  in  con- 
tact with  milk  or  its  products  are  not  sterilized  by  boiling 
water  or  superheated  steam  each  and  every  time  the  same  are 
used. 

(j)  If  the  person  or  wearing  apparel  of  the  dairyman,  his 
employes,  or  other  persons,  who  come  in  contact  with  milk  and 
its  products  are  soiled  or  not  washed  from  time  to  time. 

Sec.  3.  A  creamery  or  any  factory  of  dairy  products  or  any 
store,  depot  or  other  place  where  milk  is  handled  or  kept  for 
sale  shall  be  deemed  unsanitary  under  the  meaning  of  this  act 
when,  among  other  causes  that  render  milk,  or  products  made 
therefrom,  unclean,  unwholesome,  impure,  stale  or  of  low 
grade  or  inferior  quality. 

(a)  If  milk  or  cream  is  received  that  has  reached  an  ad- 
vanced stage  of  fermentation,  or  that  shows  a  state  of  putre- 
factive fermentation,  or  if  it  is  received  in  cans  or  other  con- 


.VtS;6.  §4  DAIRIES.  326a 

tainers  that  have  not  been  sterilized  by  means  of  boiling  water 
or  superheated  Steam  after  each  delivery. 

(b)  If  the  utensils  and  apparatus  that  comes  in  contact  with 
milk  or  its  products  in  process  of  manufacture  are  not  thor- 
oughly washed  and  sterilized  by  means  of  boiling  water  or  su- 
periieated  steam. 

(c)  If  the  lour  is  so  constructed  that  permits  the  flowing  or 
soaking  of  wUter;  milk  or  other  liquids  underneath  or  among 
the  interstices  of  such  floor  where  fermentation  and  decay  may 
take  place,  or  if  such  lloor  may  not  be  readily  kept  free  from 
dirt. 

(</)  If  drains  are  n61  pWvicbed  that  will  convey  refuse  milk, 
water  and  sewage  at  least  fifty  yards  from  such  creamery  or 
factory  of  dairy  products,  or  if  any  cesspool,  privy  vault,  hog 
y»rd,  slaughter-house,  manure  or  any  decaying  vegetables  or 
annual  matter  shall  be  within  a  distance  that  will  permit  foul 
odors  from  reaching  any  creamery  or  other  factory  of  dairy 
products  or  store  or  depot  where  milk  or  its  products  is  sold 
or  handled. 

(e)  if  such  creamery  or  factory  of  dairy  products  does  not 
permit  access  of  light  and  air  sufficient  to  secure  good  ventila- 
tion. 

(f)  If  any  building  or  buildings  used  in  connection  with  any 
creamery,  or  factory  of  dairy  products,  any  insects  or  other 
species  of  animal  life  are  permitted,  or  if  upon  the  floor,  the 
sides  and  walls  any  milk  or  its  products,  or  if  any  other  filth 
is  allowed  to  accumulate  and  ferment  and  decay,  or  if  the  bod- 
ies or  wearing  appaieJ  ef  poisons  employed,  or  coming  in  con- 
tact with  any  milk  or  its  products  in  any  creamery,  or  factory 
of  any  dairy  products,  shall  be  unclean  and  not  washed  from 
time  to  time. 

Sec.  4.  No  person  or  persons,  firms  or  corporations,  by  them- 
selves or  their  agents  or  employes,  shall  sell,  expose  for  sale,  or 
xi  Lu.-v,  preseal  or  deliver  to  any  creamery,  cheese  factory, 
milk  condensing  factory,  ice  cream  producer,  or  any  other  buyer, 
or  consumer,  any  milk,  or  any  product  manufactured  or  pre- 
pared therefrom,  to  which  any  compound  containing  salicylic 
acid,  formaldehyde,  coloring  matter  or  any  other  chemical  or 
preparation  other  than  common  salt,  or  sodium  chloride,  shall 
have  boon  a. !dod  with  intent  to  prevent  fermentation,  or  to 
change  the  color  (in  case  of  milk  and  cream);  provided,  that 
such  person  or  persons,  linns  or  corporations  or  their  agents  or 
employes  may  use  preparations  of  boron  to  prevent  fermenta- 
tion i'n  milk  or  its  products,  but  whenever  any  preparation  of 
boron  is  used  for  such  purpose,  each  and  every  package  or  con- 


32fie  DAIRIES.  Act  876,  §  §  6-7 

taincr  of  milk  or  its  products  shall  have  plainly  marked 
thereon,  the  faet  that  it  contains  such  preparation  of  baron. 
Neither  shall  any  gelatine,  or  other  substance,  be  added  to 
milk  or  cream  with  intent  to  increase  its  viscosity  or  otherwise 
cause  it  to  appear  better  in  quality  than  it  is,  except  each  anu 
every  package  and  container  of  such  milk  or  cream  shall  have 
marked  thereon  in  a  manner,  or  be  accompanied  by  a  statement, 
to  be  prescribed  by  the  state  dairy  bureau,  showing  the  nature 
of  the  substance  added;  provided,  that  this  section  shall  not 
be  construed  to  prevent  the  use  of  harmless  coloring  matter 
in  butter,  ice  cream  or  confectionery  into  which  milk  or 
its   products  enter. 

Sec.  5.  No  person  or  persons,  firms  or  corporations,  by  them- 
selves or  their  agents  or  employes,  shall  manufacture  for  sale, 
offer  for  sale,  expose  for  sale,  or  have  in  his  or  their  possession 
for  sale,  any  package  of  butter  upon  which,  or  upon  the  wrap- 
per or  container  of  which,  there  shall  be  printed,  or  otherwise 
marked,  the  word  pasteurise  or  any  of  its  derivatives  unless  in 
the  process  of  the  manufacture  of  the  butter  contained  therein 
either  the  milk  or  cream  from  which  the  same  was  made  shall 
'  have  been  exposed  to  a  temperature  exceeding  one  hundred  and 
fifty  degrees  Fahrenheit. 

Sec.  6.  In  case  any  butter  is  sold  or  offered  for  sale  in  a 
package  or  wrapper  purporting  to  designate  the  producer  of 
such  butter,  sucn  producer  must  be  correctly  designated;  and 
if  under  a  label  purporting  or  calculated  to  designate  the  place 
of  production,  specifying  county  and  state,  must  be  correctly 
designated.  No  person,  firm  or  corporation  shall  put  up  in 
package  or  wrapper  or  otherwise, prepare  for  shipment  or  sale 
any  butter  under  label  purporting  to  designate  the  producer  or 
place  of  production,  except  in  accordance  with  the  provisions 
herein;  nor  shall  any  person  sell  or  offer  for  sale  any  butter  in 
a  package  or  wrapper  purporting  to  designate  the  name  of  the 
producer  or  the  place  of  production  except  in  accordance  with 
the  provisions  herein. 

Sec.  7.  It  shall  be  the  duty  of  the  state  dairy  bureau,  now 
existing  under  the  laws  of  this  state,  to  carry  out  and  enforce 
the  provisions  of  this  act,  and  it  is  authorized  and  directed 
under  this  act  out  of  the  money  appropriated  as  provided  herein, 
to  employ  such  assistant  agents  as  inspectors  as  it  may  deem 
necessary  and  to  fix  their  compensation  not  to  exceed  $4.00  per 
day,  exclusive  of  their  necessary  and  actual  expenses,  sucli  ex- 
penses to  be  itemized  and  rendered  under  oath,  or  $100.00  per 
month  exclusive  of  their  necessary  and  actual  expenses.  Such 
agents  shall  have  had  experience  in  the  manufacture  of  dairy 


Act  876,  §§  8,  0  DAIRIES.  SiGf 

produces  and  the  handling  of  dairy  cattle.  In  earning  out  the 
provisions  of  this  act  the  secretary  and  agent  of  the  state  dairy 
bureau  shall  receive,  in  addition  to  the  salary  now  received  un- 
der the  provisions  of  the  act  creating  said  state  dairy  bureau, 
sueh  additional  compensation  as  the  dairy  bureau  may  sop  tit, 
but  not  to  exceed  $100.00  per  month  to  be  drawn  from 
the  amount  appropriated  herein.  The  state  dairy  bureau 
through  its  agent  ami  secretary,  and  assistant  agents  shall 
inspect  the  dairies,  dairy  cattle,  creameries  and  other  fac- 
tories of  dairy  products,  markets,  and  other  places  where 
dairy  products  are  prepared  or  bandit  d,  and  keep  a  careful 
record  of  such  inspection  and  report  the  same  to  the  state 
dairy  bureau,  and  upon  evidence  obtained  that  any  of  the 
provisions  of  this  act  are  being  violated,  the  state  dairy 
bureau,  through  its  agents  and  secretary,  or  its  assistant 
agents,  shall  duly  enter  complaint  against  the  party  or  par- 
ties, responsible  for  such  violations  and  cause  the  same  to  be 
prosecuted,  except  in  cases  where  any  dairy,  creamery  or 
other  factory  of  milk  products  or  store  or  depot  where 
milk  and  its  products  are  handled  and  sold,  is  found  to  be 
in  an  unsanitary  condition,  in  which  ease  the  agent  and 
secretary,  or  the  assistant  agent,  for  the  district  in  which 
the  violation  occurred,  shall  serve  upon  the  owner,  or 
owners,  or  person  in  charge  of  the  dairy,  creamery  or  other 
factory  of  milk  products  so  found  to  be  in  an  unsanitary 
condition,  a  written  notice  specifying  in  detail  such  changes 
that  are  to  be  made  that  will  place  such  dairy,  creamery, 
or  other  factory  of  milk  products  or  store  or  depot  in  a 
sanitary  condition  as  defined  in  this  act.  Should  such 
changes  not  have  been  made  at  the  expiration  of  thirty  days 
after*  the  date  when  the  notice  was  served,  the  state  dairy 
bureau,  through  its  agent  and  secretary,  or  its  assistant 
agents,  shall  enter  complaint  against  the  person  or  persons 
responsible  for  such  unsanitary  conditions  and  cause  them 
to  be  prosecuted  for  violating  this  act. 

Sec.  8.  Tne  state  dairy  bureau  is  authorized  under  this 
act  to  gather  and  compile  statistics  relative  to  the  dairy 
industry  and  to  disseminate  the  same  and  other  informa- 
tion useful  to,  and  to  the  general  good  and  development  of 
the  dairy  industry  of  the  state. 

Sec.  9.  Whenever  any  agent  or  inspector  of  the  state 
dairy  bureau  shall  discover  the  existence  of  any  contagious 
or  infectious  disease  among  dairy  cattle,  or  have  good  rea- 
son to  believe  that  such  disease  may  exist  the  same  shall 
be   immediately  reported   to   the   state  veterinarian. 


3%g  DAIRIES.  Act  S7G.  §  §  10- '  ! 

Sec.  10.  Whoever  shall  violate  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  two  hundred  dollars  or  by 
imprisonment  in  the  county  jail  for  a  period  of  not  less 
than  ten  days  nor  more  than  one  hundred  days,  or  by  both 
such  fine  and  imprisonment.  Any  person  or  persons  who  shall 
hinder  or  prevent  an  agent  or  inspector  of  the  state  dairy 
bureau,  in  the  performance  of  his  duty  under  this  act,  shall 
likewise  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction, shall  be  fined  as  already  provided  in  this  act.  One 
half  of  all  fines  imposed  for  the  violation  of  this  act  shall 
be  paid  to  the  state  dairy  bureau  which  shall  pay  the  same 
to  the  state  treasurer  and  the  same  shall  become  a  part  of 
the  appropriation  under  this  act.  The  remaining  one-half 
of  such  fines  shall  be  paid  to  the  county  in  which  the  fine 
is  imposed. 

Sec.  11.  It  shall  be  the  duty  of  the  district  attorney, 
upon  application  of  the  state  dairy  bureau,  through  its  agent 
and  secretary,  or  assistant  agents  to  attend  to  the  prosecu- 
tion,-in  the  name  of  the  people,  of  any  suit  bfought  for  the 
violation  of  any  of  the  provisions  of  this  act  within  his 
district. 

Sec.  12.  There  is  hereby  appropriated  for  the  use  of  the 
state  dairy  bureau  in  enforcing  and  carrying  out  the  pro- 
visions of  this  act,  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  one  thousand  five 
hundred  dollars  ($1,500)  for  the  remainder  of  the  fifty-sixth 
fiscal  year;  five  thousand  dollars  ($5000)  for  the  fifty- 
seventh  fiscal  year  and  five  thousand  dollars  ($5000)  for 
the  fifty-eighth  fiscal  year.  All  salaries,  fees,  costs  and 
expenses  shall  be  drawn  from  the  money  so  appropriated, 
and  the  state  controller  shall  draw  his  warrant  on  the  state 
treasury  in  favor  of  the  person  or  persons  entitled  to  the 
same. 

Sec.  13.  An  act  approved  March  22,  1899,  entitled  "An 
act  to  provide  for  the  inspection  of  dairies,  factories  of 
dairy  products,  and  of  dairy  products  as  to  their  sanitary 
condition,  and  as  to  the  health  of  stock;  to  prevent  the 
sale  of  milk  and  products  of  milk  drawn  from  diseased  ani- 
mals; to  prevent  the  spread  of  infectious  and  contagious 
diseases  common  to  stock,  and  to  appropriate  money  there- 
for," and  all  other  acts  or  parts  of  acts  inconsistent  with 
this  act   are  hereby   repealed- 


Acts  877-SU3  DEAF,    DUMB    AND    BLIND    ASYLUM.  3-6  !i 

Sec.   14.     This  act  shall   take   effect  thirty  days  after  its 
passage. 

ACT  877. 

To  provide  for  the  inspection  of  dairies,  factories  of  dairy 
products,  and  of  dairy  products  as  to  their  sanitary  con- 
dition and  as  to  the  health  of  stock;  to  prevent  the 
sale  of  milk  and  the  products  of  milk  drawn  from  dis- 
eased animals;  to  [invent  the  spread  of  infectious  and 
contagious  diseasr-3  common  to  stock.  [Stats.  1899,  p. 
171.] 
Repealed  11.0a,   467.    See  ante,   Act  87$. 


TITLE   123. 

DAVISVILLE. 
ACT  882. 

To   prevent    hogs    and    goats   running    at   large    in.      [Stats. 
1873-4,  p.  82.] 
See   sec.   9,    statute   of  1897.   p.    198. 


TITLE   124. 

DEADLY    WEAPONS. 
ACT  887. 

To  prevent  the  improper  and  criminal  use  of  deadly  weapons. 
LStats.  1855,  p.  268.] 
Superseded  by   Penal  Code,   sec.   417. 


TITLE  125. 
DEAF,   DUMB,   AND   BLIND   ASYLUM. 
ACT  892. 

Powers  of  directors.     [Stats.  1875-6,  p.  686.] 

ACT   893. 

Supply  of  water  for  and  for  university.      [Stats.   1875-6    p 

816.] 
Deaf,    Dumb,    and    Blind    Asylum:    See    Political    Code,    sees.    2237- 


3201  DEATHS.  Act  879,  §  J  1-3 

TITLE    125a. 
DEATHS. 

ACT  879. 

An  aet  for  the  registration  of  death,  the  issuance  and 
registration  of  burial  and  disinterment  permits  and  the 
establishment  of  registration  districts  in  counties, 
cities  and  counties,  cities  and  incorporated  towns,  under 
the  superintendence  of  the  state  bureau  of  vital  statis- 
tics and  prescribing  the  powers  and  duties  of  registrars, 
coroners,  physicians,  undertakers,  sextons  and  other  per- 
sons in  relation  to  such  registration  and  fixing  penalties 
for  the  violation  of  this  act. 

[Approved  March   18,   1905.     Stats   1905,  p.   115.] 

Section  1.  That  department  of  the  state  board  of  health 
known  as  the  state  bureau  of  vital  statistics  shall  provide 
for  and  superintend  the  complete  and  proper  registration  of 
deaths   for   legal,   sanitary   and   statistical   purposes. 

Sec.  2.  That  for  the  purposes  of  this  act  the  state  shall 
be  divided  into  registration  districts  as  follows:  Each  city 
and  county,  city  and  incorporated  town,  and  each  county 
exclusive  of  the  portion  included  within  cities  and  incorpo- 
rated towns,  shall  constitute  a  primary  -cgistration  district. 

Sec.  3.  That  the  recorder  of  each  city  and  county, 
county,  and  the  clerk  of  each  city  or  incorporated  town, 
shall  be  the  local  registrar  in  and  for  such  primary  regis- 
tration district  and  shall  perform  all  such  duties  of  local 
registrar  as  hereinafter  provided;  provided  however,  that  in 
cities  having  a  freeholders  charter  the  health  officer  shall 
act  as  a  local  registrar  and  perform  all  the  duties  thereof. 
Each  local  registrar  shall  immediately  appoint  in  writing, 
a  deputy  who  shall  be  authorized  to  act  in  his  stead  in  case 
of  absence,  death,  illness,  or  disability,  and  when  it  may  ap- 
pear necessary  for  the  convenience  of  the  people  in  any 
county,  the  local  registrar  is  hereby  authorized  with  the  ap- 
proval of  the  state  registrar  of  vital  statistics  to  appoint 
one  or  more  proper  and  competent  persons  to  act  as  sub- 
registrars,  who  shall  be  authorized  to  receive  certificates  of 
death  and  to  issue  burial  permits  or  removal  permits  in  and 
for  such  portions  of  the  county  as  may  be  designated.  Each 
subregistrar  shall  note  in  legible  writing  over  his  signature 
the  date  each  certificate  of  death  was  filed,  and  shall  forth- 
with forward  the  certificate  to  the  local  registrar  of  the 
county,  and  in  all  casts  before  the  eighth  day  of  the  follow- 
ing month;  provided,  that  all  subregistrars  shall  be  subject 


Act  879,   §§  4-6  DEATHS.  326J 

to  the  supervision  and  control  of  the  state  registrar  of  vital 
statistics. 

Sec.  4.  That  the  body  or  remains  of  no  person  whose 
death  occurs  in  the  state  shall  be  interred,  deposited  in  a 
vault,  grave  or  tomb,  cremated,  disinterred  or  otherwise 
disposi  d  of,  or  removed  from  or  into  any  registration  dis- 
trict until  a  permit  for  burial,  disinterment  or  removal  shall 
have  been  properly  issued  by  the  register  of  the  registration 
district  in  which  the  death  occurs.  And  no  such  burial  or  re- 
moval  permit  shall  be  issued  by  any  registrar  until  a  complete 
and  satisfactory  certificate  and  return  of  the  death  has  been 
filed  with  him,  as  hereinafter  required;  provided,  that  in  case 
of  any  death  outside  of  the  state,  where  the  body  is  accom- 
panied by  a  removal  or  transit  permit  issued  in  accordance  with 
the  law  and  the  health  regulations  in  force  where  the  death 
occurred,  such  removal  or  transit  permit  shall  be  accepted  as  of 
the  same  authority  as  a  permit  from  the  local  registrar  when 
such  removal  or  transit  permit  shall  have  endorsed  thereon  the 
written  approval  of  the  state  registrar  of  vital  statistics,  or 
when  said  state  registrar  otherwise  officially  notifies  the  local 
registrar  of  his  approval. 

Sec.  5.  Stillborn  children,  or  those  dead  at  birth,  shall  be 
registered  as  deaths  under  this  act,  and  a  certificate  of  death 
and  burial  or  removal  permit  in  usual  form  shall  be  required. 
The  medical  certificate  of  cause  of  death  shall  be  signed  by 
the  attending  physician  or  midwife,  and  shall  state  the  cause 
of  d<ath  as  "  stillborn,"  with  the  cause  of  the  stillbirth,  whether 
a  premature  birth,  and  if  born  prematurely,  the  period  of  utero- 
gestation  in  months,  if  known. 

Sec.  G.  That  the  certificate  of  death  shall  be  of  the  stand- 
ard form  recommended  by  the  United  States  Census  Office  and 
the  American  Public  Health  Association,  and  shall  contain  the 
following  items: 

(1)  Place  of  death,  including  state,  county,  township  or 
town  city  or  village.  If  in  a  city  the  ward,  street  and  house 
number."  If  in  a  hospital,  or  other  institution,  the  name  of  the 
same  to  be  given  instead  of  the  street  and  house  number. 

(2)  Pull  name  of  decedent.  If  an  unnamed  child  the  sur- 
name, preceded  by  "unnamed." 

(3)  Sex. 

(4)  Color  or  race; — as  white,  black  (negro  or  negro  descent), 
Indian,  Chinese,  Japan.se,  or  other. 

Conjugal  condition — as  single,   married,  widowed,  or  di- 
vorced. 

ffi)    Date  of  birth,  including  the  year,  month  and  day. 
(7)   Age,  in  years,  months  and   days. 


316k  DEATHS.  Act  879,   §  6 

(8)  Place  of  birth;  state  or  foreign  country. 

(9)  Name  of  father. 

(10)  Birthplace  of  father;   state  or  foreign  country. 

(11)  Maiden  name  of  mother. 

(12)  Birthplace  of  mother;   state  or  foreign  country. 

(13)  Occupation;  the  occupation  to  be  reported  of  any  per- 
son who  had  any  remunerative  employment — women  as  well  as 
men. 

(14)  Signature  and  address  of  informant. 

(15)  Date   of  death,  including  the  year,  month,  and  day. 

(16)  Statement  of  medical  attendance  on  decedent,  fact  and 
time  of  death,  including  the  time  last  seen  alive. 

(17)  Cause  of  death,  including  the  primary  and  immediate 
causes,  and  contributory  causes  or  complications,  if  any,  and 
the  duration  of  each. 

(18)  Signature  and  address  of  physician  or  official  making 
the  medical  certificate. 

(19)  Special  information  concerning  deaths  in  hospitals  and 
institutions  and  of  persons  dying  away  from  home,  including 
the  former  or  usual  residence,  length  of  time  at  place  of  death, 
and  place  where  the  disease  was  contracted. 

(20)  Place  of  burial  or  removal. 

(21)  Date  of  burial  or  removal. 

(22)  Signature  and  address  of  undertaker. 

'  (23)  Official  signature  of  registrar  with  date  when  certificate 
was  filed  and  registered  number. 

The  certificate  shall  be  written  legibly  in  permanent  black 
ink,  typewritten  or  printed,  and  no  certificate  shall  be  held  to 
be  complete  and  correct  that  does  not  supply  all  of  the  items  of 
information  specified  above  or  satisfactorily  account  for  the 
omission  of  any  of  said  items. 

The  personal  and  statistical  particulars  (items  1  to  13)  or 
such  other  items  as  shall  be  required  by  the  state  registrar  shall 
be  authenticated  by  the  signature  of  the  informant,  who  may 
be  any  competent  person  acquainted  with  the  facts. 

The  statement  of  facts  relating  to  the  disposition  of  the  body 
shall  be  signed  by  the  undertaker  or  person  acting  as  such. 

The  medical  certificate  shall  be  made  and  signed  by  the  phy- 
sician if  any,  last  in  attendance  on  the  deceased,  who  shall 
specify  the  time  in  attendance,  the  time  he  last  saw  the  de- 
ceased alive,  and  the  hour  of  the  day  at  which  death  occurred 
He  shall  further  state  the  cause  of  death  so  as  to  show  the 
course  of  disease  or  sequence  of  causes  resulting  in  death,  giv- 
ing the  primary  and  immediate  causes,  and  contributing  causes, 
if  any,  and  tbe  duration  of  each.  Indefinite  and  unsatisfac- 
tory terms  indicating  only  symptoms  of  disease  or  conditions 


Act  SW,  §§  7,  S  '    DEATHS.  2X1 

resulting  from  disease  will  not  be  held  sufficient  for  issuing  a 
burial  or  removal  permit,  and  any  certificate  containing  only 
such  terms,  as  defined  by  the  state  registrar,  shall  be  returned 
to  the  physician  for  correction  or  definition.  Causes  of  death 
which  may  bo  the  result  of  either  disease  or  violence 
shall  be  can  fully  defined;  and,  if  from  violence,  its  na- 
ture shall  be  stnted,  and  whether  accidental,  suicidal  or  homi- 
cidal. Fur  cause  of  deaths  in  hospitals,  institutions,  or  away 
from  home,  the  physician  shall  furnish  the  information  required 
under  this  head,  and  shall  state  where,  in  his  opinion,  the  dis- 
ease v.  ted.  The  cause  of  death  and  all  other  facta 
required  shall  in  all  cases  be  stated  in  accordance  with  the  in- 
structions and  directions  of  the  state  registrar. 

Sec.  7.  In  case  of  any  death  occurring  without  medical  at- 
tendance, it  shall  be  the  duty  of  the  undertaker  to  notify  the 
registrar  of  Buch  death  and  when  so  notified  the  registrar  shall 
refer  bbe  ease  to  the  coroner  for  his  investigation  and  certifi- 
cation, and  the  c.orom  r  shall  within  three  days  after  the  in- 
quest furnish  the  local  registrar  where  such  death  occurs  a  cer- 
tificate in  form  and  substance  as  required  by  the  state  regis- 
trar and  containing  as  many  of  the  facts  required  by  this  act 
as  can  be  ascertained.  Said  local  registrar  shall  then  forth- 
with transmit  such  certificate  to  the  state  registrar,  retaining 
a  copy  thereof  on  file  in  his  office. 

Soc.  8.  The  undertaker,  or  person  acting  as  undertaker,  shall 
be  responsible  for  obtaining  and  filing  the  certificate  of  death 
with  the  registrar  and  securing  a  burial  or  removal  permit 
prior  to  any  disposition  of  the  body.  He  shall  obtain  the  per- 
Bonal  and  statistical  particulars  required  from  the  person  best 
qualified  to  supply  them  over  the  signature  and  address  of  his 
informant.  He  shall  then  present  the  certificate  to  the  attend- 
ing physician,  if  any,  or  to  the  health  officer  or  coroner,  as  di- 
lected  by  the  registrar,  for  the  medical  certificate  of  the  cause 
of  death  and  other  particulars  necessary  to  complete  the  rec- 
ord, as  specified  in  the  preceding  section.  And  he  shall  then 
.state  the  facts  required  relative  to  the  date  and  place  of  burial 
over  his  signature  and  with  his  address,  and  present  the  com- 
pleted certificate  to  the  registrar  within  the  time  limit,  if  any, 
ted  by  the  local  board  of  health  for  the  issuance  of  a 
burial  or  removal  permit.  The  undertaker  shall  deliver  the 
burial  permit  to  the  sexton  or  person  in  charge  of  the  prem- 
ises before  interring  the  body,  or  attach  it  to  the  box  contain- 
ing the  corpse,  when  shipped  by  any  transportation  company, 
to  accompany  same  to  destination,  when  it  shall  be  accepted  by 
the  sexton  as  authority  for  the  interment  of  the  body. 


Sititn  DEATHS.  Act  879,  $§  9-11 

Sec.  9.  It  shall  be  the  duty  of  the  local  registrar  to  supply 
blank  forms  of  certificates  to  such  persons  as  require  them. 
He  shall  carefully  examine  each  certificate  when  presented  for 
record  to  see  that  it  has  been  made  out  in  accordance  with  the 
provisions  of  this  act  and  the  instructions  of  the  state  regis- 
trar, and  if  any  certificate  is  incomplete  or  unsatisfactory  it 
shall  be  his  duty  to  call  attention  to  the  defects  in  the  return 
and  to  withhold  issuing  the  burial  or  removal  permit  until  they 
are  corrected.  He  shall  then  number  them  in  consecutive  order, 
beginning  with  number  one  for  the  first  death  in  each  calendar 
year,  and  sign  his  name  as  registrar  in  attest  of  the  date  of 
filing  in  his  office.  If  the  certificate  is  properly  executed  and 
complete,  he  shall  then  issue  a  burial  or  removal  permit  to  the 
undertaker;  provided,  that  in  case  the  death  occurred  from 
some  disease  that  is  held  by  the  state  board  of  health  to  be  in- 
fectious, contagious  or  communicable  and  dangerous  to  the  pub- 
lic health,  no  permit  for  the  removal  or  other  disposition  of 
the  body  shall  be  granted  by  the  registrar  except  under  such 
conditions  as  may  be  prescribed  by  the  state  and  local  boards 
of  health.  He  shall  also  make  a  complete  and  accurate  copy 
of  each  certificate  registered  by  him,  upon  a  form  identical 
with  the  original  certificate,  to  be  filed  and  permanently  pre- 
served in  his  office  as  the  local  record  of  such  "death,  in  such 
manner  as  directed  by  the  state  registrar.  He  shall,  on  or  be- 
fore the  8th  day  of  each  month,  transmit  to  the  state  registrar 
all  original  certificates  registered  by  him  during  the  preceding 
month.  If  no  deaths  occurred  in  any  month  he  shall,  on  or  be- 
fore the  8th  day  of  the  following  month,  report  that  fact  to 
the  state  registrar  in  such  manner  as  the  state  registrar  shall 
direct. 

Sec.  10.  If  the  interment,  or  other  disposition  of  the  body 
is  to  be  made  in  the  registration  district  in  which  the  death 
occurred,  the  wording  of  the  burial  permit  may  be  limited  to 
a  statement  by  the  registrar,  and  over  his  signature,  that  a  sat- 
isfactory certificate  of  death  having  been  filed  with  him  as  re- 
quired by  law,  permission  is  granted  to  inter,  remove,  or  other- 
wise dispose  of  the  body  of  the  deceased,  stating  the  name, 
age,  sex  and  cause  of  death  and  other  necessary  details  upon 
the  form  prescribed  by  the  state  registrar.  In  case  the  inter- 
ment, or  other  disposition  of  the  body,  is  to  be  made  in  some 
registration  district  other  than  that  in  which  the  death  occurred, 
a  complete  copy  of  the  certificate  of  death  shall  be  attached 
to  and  made  a  part  of  the  permit. 

Sec.  11.  No  sexton  or  person  in  charge  of  any  premises  in 
which  interments  are  made  shall  inter  or  permit  the  interment 


Act  S79,  §§  12,  13  DEATHS  326n 

of  any  body  unless  it  is  accompanied  by  a  burial,  removal,  or 
transit  permit  as  herein  provided.  Each  sexton  or  person  in 
charge  of  any  burial  ground  shall  indorse  upon  the  permit  the 
date  of  interment,  over  his  signature,  and  shall  return  all  per- 
mits, so  indorsed,  to  the  local  registrar  of  his  district  within 
one  day  from  the  date  of  interment  He  shall  also  keep  a  rec- 
ord of  all  interments  made  in  the  premises  under  his  charge, 
stating  the  name  of  the  deceased  person,  place  of  death,  date 
of  burial,  and  name  and  address  of  the  undertaker,  which  record 
shall    at  all  times  be  open  to  public  inspection. 

Sec.  12.  The  state  registrar  shall  prepare  a  sample  form  and 
blank  for  all  registrars  for  use  in  registering,  recording  and 
preserving  the  returns  or  in  otherwise  carrying  out  the  purposes 
of  this  act,  and  shall  prepare  and  issue  such  detailed  instructions 
as  may  be  required  to  secure  the  uniform  observance  of  its 
provisions  and  the  maintenance  of  a  perfect  system  of  registra- 
tion. No  other  forms  of  blanks  shall  be  used  than  those  pre- 
scribed by  the  state  registrar.  He  shall  carefully  examine  the 
certificates  received  monthly  from  the  local  registrars,  and  if 
any  such  are  incomplete  or  unsatisfactory  he  shall  require  such 
further  information  to  be  furnished  as  may  be  necessary  to 
make  the  record  satisfactory.  All  physicians,  informants,  or 
undertakers  connected  with  the  case,  and  all  other  persons  hav- 
ing knowledge  of  the  facts,  are  hereby  required  to  furnish  such 
information  as  they  may  possess  regarding  any  death,  upon  de- 
mand of  the  state  registrar,  in  person,  by  mail,  or  through  the 
local  registrar.  He  shall  further  arrange,  bind  and  permanently 
preserve  the  certificates  in  a  systematic  manner,  and  shall  pre- 
pare and  maintain  a  comprehensive  index  of  all  deaths  regis- 
tered, showing  the  name  of  deceased,  place  and  date  of  death, 
number  of  certificate,  and  the  volume  in  which  it  is  contained. 
He  shall  inform  all  registrars  what  diseases  are  to  be  consid- 
ered as  infectious,  contagious,  or  communicable,  and  dangerous 
to  the  public  health,  as  decided  by  the  state  board  of 
health,  in  order  that  when  deaths  occur  from  such  dis- 
eases proper  precautions  may  be  taken  to  prevent  the  spread- 
ing of  dangerous  diseases,  and  all  rules  and  regulations  made 
by  him  for  carrying  out  and  enforcing  the  purposes  of  this  act 
shall,  when  promulgated,  have  the  same  force  and  effect  as  if 
enacted  by  law. 

Sec.  13.  "Whenever  it  may  be  alleged  that  the  facts  are  not 
correctly  stated  in  any  cort;ficate  of  death  theretofore  registered, 
the  local  registrar  shall  require  a  deposition  under  oath  to  be 
made  by  the  person  asserting  the  fact,  to  be  supported  by  the 
depositions  of  two  or  more  credible  persons  having  knowledge 
of  the  facts,  setting  forth  the  changes  necessary  to  make  the 


32tio  DEATHS.  Act  8*9,  §  §  14,  13 

record  correct.  Having  received  such  depositions,  he  shall  file 
them  and  shall  then  draw  a  line  through  the  incorrect  state- 
ment or  statements  in  the  certificate,  without  erasing  them, 
and  make  the  necessary  corrections,  noting  on  the  margin  of 
the  certificate  his  authority  for  so  doing,  and  transmit  the  dep- 
osition, attached  to  the  original  certificate,  when  making  his 
regular  monthly  returns  to  the  state  registrar.  If  the  correction 
relates  to  a  certificate  previously  returned  to  the  state  regis- 
trar, he  shall  transmit  the  deposition  forthwith  to  the  state  reg- 
istrar. If  the  correction  is  first  made  upon  the  original  certifi- 
cate on  file  in  the  state  bureau  of  vital  statistics,  the  state  reg- 
istrar shall  transmit  a  certified  copy  of  the  original  certificate, 
corrected  as  above,  to  the  local  registrar,  who  shall  thereupon 
substitute  such  certified  copy  for  the  copy  of  the  certificate  in 
his  records.  All  such  corrections  and  marginal  notes  referring 
to  them  shall  be  legibly  written  in  ink,  typewritten  or  printed. 

Sec.  14.  Each  local  registrar  shall  be  entitled  to  be  paid  the 
sum  of  not  exceeding  twenty-five  cents  for  each  death  certifi- 
cate properly  and  completely  made  out  and  registered  with  him, 
and  by  him  returned  to  the  state  registrar  on  or  before  the 
eighth  day  of  the  following  month,  which  sum  shall  cover  and 
include  the  making  of  the  burial  permit  and  the  copy  of  the 
certificate  to  be  filed  and  preserved  in  his  office.  And  in  case 
no  deaths  were  registered  during  any  month,  the  local  registrar 
shah  lu  entitled  to  a  sum  not  exceeding  twenty-five  cents  for 
each  report  to  that  effect,  promptly  made  in  accordance  with 
the  directions  of  the  state  registrar;  provided,  however,  that 
all  such  compensation  for  such  services  shall  be  fixed  by 
the  board  of  supervisors,  city  council,  or  other  governing 
body  of  such  local  registration   district. 

All  amounts  payable  to  registrars  under  the  provisions  of 
this  act  shall  be  paid  by  the  treasurer  or  other  lawful  officer, 
out  of  the  funds  of  each  registration  district,  upon  warrants 
drawn  by  the  local  auditor  or  other  proper  local  officer  of  such 
district,  which  warrants  shall  specify  the  number  of  certificates 
properly  registered  and  reports  promptly  returned  where  no 
deaths  are  registered,  with  the  amount  due  for  each;  provided, 
however,  that  no  warrant  shall  be  issued  to  any  local  registrar, 
or,  if  issued,  shall  be  paid  where  notice  is  previously  given  by 
the  state  registrar  to  the  auditor,  treasurer  or  other  proper  offi- 
cer of  such  registration  district  that  the  local  registrar  has 
failed  to  comply  with  the  rules  and  regulations  of  the  state  bu 
reau  of  vital  statistics  and  the  instructions  of  the  state  regis 
trar. 

Sec.  15.  The  state  registrar  shall,  upon  receipt,  furnish  any 
applicant  a  certified  copy  of  the  record  of  any  death  registered 


Act  879,  §  §  16,  17  DEATHS.  S2fiiJ 

under  provisions  of  this  act,  for  the  making  and  certification  of 
which  he  shall  be  entitled  to  a  fee  of  fifty  cents,  to  be  paid  by 
the  applicant.  And  any  such  copy  of  the  record  of  death,  when 
properly  certified  by  the  state  registrar  to  be  a  true  copy 
thereof,  shall  be  prima  facie  evidence  in  all  courts  and  places 
of  the  facts  therein  stated.  For  any  search  of  the  files  and 
records,  when  no  certified  copy  is  made,  the  state  registrar 
shall  be  entitled  to  a  fee  of  fifty  cents  for  each  hour  or  frac- 
tional hour  of  time  of  search  to  be  paid  by  the  applicant.  And 
the  state  registrar  shall  keep  a  true  and  correct  account  of  all 
fees  by  him  received  under  these  provisions,  and  turn  the  same 
over  to  the  state  treasurer. 

Sec.  16.  Every  physician  and  undertaker,  residing  in,  at  th« 
date  of  this  act  or  thereafter  establishing  a  residence  in,  any 
registration  district,  shall  forthwith  register  his  or  her  name, 
address,  and  occupation,  with  the  local  registrar  of  the  district 
in  which  he  or  she  resides,  and  they  shall  thereupon  be  fur- 
nished by  the  registrar  a  eopy  of  this  act  and  such  rules,  regu- 
lations, and  instructions  as  may  be  prepared  by  the  slate 
registrar  with  relation  to  their  duties  under  this  act. 

Sec.  17.  If  any  physician  who  was  in  medical  attendance 
upon  any  deceased  person  at  the  time  of  death  shall  neglect 
or  refuse  to  make  out  and  deliver  to  the  undertaker,  sexton,  or 
other  person  in  charge  of  the  interment,  removal,  or  other  dis- 
position of  the  body,  upon  request,  the  medical  certificate  of 
cause  of  death  hereinbefore  provided  for,  or  shall  willfully  or 
knowingly  make  a  false  certification  of  the  cause  of  death  in 
any  case,  he  shall  be  deemed  guilty  of  a  misdemeanor. 

If  any  undertaker,  sexton,  or  other  person  acting  as  under- 
taker, shall  inter,  remove,  or  otherwise  dispose  of  the  body  of 
any  deceased  person  without  having  received  a  burial  or  re- 
moval permit  as  herein  provided,  he  shall  be  deemed  guilty  of  a 
misdemeanor. 

Any  registrar,  deputy  registrar  or  subregistrar  who  shall  neg- 
lect or  fail  to  enforce  the  provisions  of  this  act  in  his  district, 
or  shall  neglect  or  refuse  to  perform  any  of  the  duties  imposed 
upon  him  by  this  act  or  by  the  instructions  and  directions  of 
the  state  registrar,  shall  be  deemed  guilty  of  a  misdemeanor. 

And  any  person  or  persons  who  shall  violate  any  of  the  pro- 
visions of  this  act,  or  shall  willfully  neglect  or  refuse  to  per- 
form any  duties  imposed  upon  them  by  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a  misdemeanor. 

Any  transportation  company  or  common  carrier  trans- 
porting or  carrying,  or  accepting  through  its  agents  or 
employes  for  transportation  or  carriage,  the  body  of  any  de- 
ceased person  without  an  accompanying  permit,  issued  in  accord- 


327  DEBRIS    COMMISSIONER— DEEDS.  Acts  89S-904 

ance  with  the  provisions  of  this  act,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  fifty  nor  more  than  two  hundred  dollars. 

Sec.  18.  Local  registrars  are  hereby  charged  with  the  strict 
and  thorough  enforcement  of  the  provisions  of  this  aet  in  their 
districts  under  the  supervision  and  direction  of  the  state  reg- 
istrar. They  shall  make  an  immediate  report  to  the  state  reg- 
istrar of  any  violations  of  this  law  coming  to  their  notice  by 
observation  or  upon  complaint  of  any  person  or  otherwise. 
The  state  registrar  shall  have  authority  to  investigate  cases  of 
irregularity  or  violation  of  law,  personally  or  by  accredited 
representative,  and  all  registrars  shall  aid  him,  upon  request,  in 
such  investigations.  When  he  shall  deem  it  necessary,  he  shall 
report  cases  of  violation  of  any  of  the  provisions  of  this  act 
to  the  prosecuting  attorney  or  other  proper  officer  of  the  county 
or  municipality,  with  a  statement  of  the  facts  and  circum- 
stances, and  when  any  such  case  is  reported  to  them  by  the  state 
registrar  all  prosecuting  attorneys  or  officials  acting  in  such 
capacity  shall  forthwith  initiate  and  promptly  follow  up  the 
necessary  court  proceedings  against  the  parties  responsible  for 
the  alleged  violations  of  law. 

Sec.  19.  All  acts  and  parts  of  acts  in  conflict  or  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 


TITLE   126. 

DEBRIS  COMMISSIONER. 
ACT  898. 

To  provide  for  the  appointment,  duties  and  compensation  of  a 
debris  commissioner.     [Stats.  1893,  p.  339.] 
Amended  1897,   169;    1901,   2S4,     5G4;     1905,   142;     §  6  repealed  1901,   664. 


TITLE  127. 
DEEDS. 
ACT  903. 

Concerning  conveyances.     [Stats.  1850,  p.  249.] 

Cal.    Rep.    Cit.     43.    343;     54,    4S3;     61,    506;     61,    269. 

This  act  prescribed  the  manner  of  making  and  acknowledging  con- 
veyances.    It    was    superseded   by   the    codes. 

ACT  904. 

Real  estate,  conveyances  of.     [Stats.  1873-4,  p.  345.] 

Partly   codified   by   amendment   of   Civil   Code,    1905.     See   note   to    6 
1096,    Civil    Code. 

This    act    appears    in    full    in    Civil    Code,    Appendix,    p.    714.    It   re- 
lates to  conveyances  by  persons  whose  names  are  changed. 


Acts  909-921  DEL    NORTE    COUNTY— DENTISTRY.  S2» 

TITLE   128. 

DEL  NORTE  COUNTY. 
ACT  909. 
To  establish  the  boundary  line  between  the  county  of  Humboldt 

and    the    counties  of  Del   Norte    and    Siskiyou.     [Stats. 

1875-6,  p.  600.] 

ACT  910. 

Making  applicable  to  act  of  1871-2,  203,  relating  to  fence  and 
pound  districts.     [Stats.  1875-6,  p.  391.] 

ACT  911. 

Provision  for  care  of  indigent  sick  of.     [Stats.  1871-2,  p.  169.] 
Superseded    by    subds.    5    and    6,    sec.    25,    County    Government    Act, 
1897,    45S,    and   1901,   636. 

ACT  912. 

Repealing  all  special  road  laws  in  force  and  relating  to.     [Stats. 
1875-6,  p.  335. 

ACT   913. 

Supervisors,  changing  manner  of   electing.     [Stats.   1871-2,  p. 

756.] 
Amended   1873-4,    12.     Repealed   by   County   Government  Act,    1897,   462. 

ACT  914. 

Superintendent  of  schools,  salary  of.      [Stats.  1875-6,  p.  507.] 
Repealed   by    County   Government   Act,    1897,    669,    sec.    212. 

ACT  915. 

Treasurer  of,  bonds  of.     [Stats.  1877-8,  p.  2.] 
Superseded  by   County   Government  Act,   1897,   475,    sec.    66. 

ACT  916. 

Transfer  of  swamp  land  fund  to  general  fund.     [Stats.  1875-6, 
p.  143.] 
Superseded  by  subd.   18,   sec.   26,   County   Government  Act,   1897,   463. 


TITLE  129. 
DENTISTRY. 
ACT  921. 

Insuring  the  better  education  of  practitioners  of  dental  surgery, 
and  to  regulate  the  practice  of  dentistry.  [Stats.  1S85,  p. 
110.] 

Amended  1893,   70.     Repealed  1901,   564'. 
Cal.   Rep.   Clt.     144,   168;     144,   169;     144.   170;     144,   177. 


329  DENTISTRY.  Act  922,  §  §  1,  3 

ACT  922. 

An  act  to  insure  the  better  education  of  practitioners  of  dental 
surgery,  and  to  regulate  the  practice  of  dentistry  in  the 
state  of  California,  providing  penalties  for  the  violation 
hereof,  and  to  repeal  an  act  now  in  force  relating  to  the 
same  and  known  as  ' '  An  act  to  insure  the  better  educa- 
tion of  practitioners  of  dental  surgery,  and  to  regulate  the 
practice  of  dentistry  in  the  state  of  California,  approved 
March  12,  1885." 
[Approved   March    23,    1901.     Stats.    1901,    p.    564.] 

Amended    1903,    322;    1905.    430. 
Cal.   Rep.    Cit.     144,   169;     144,    170;     144,   177. 

The  people  of  the  state  of  California,  represented  in  senate  and 
assembly,  do  enact  as  follows : 

Section  1.  It  shall  be  unlawful  for  any  person  to  engage  in 
the  practice  of  dentistry  in  the  state  of  California,  unless  said 
person  shall  have  obtained  a  license  from  a  board  of  dental 
examiners,  duly  authorized  and  appointed  under  the  provisions 
of  this  act  to  issue  licenses;  provided,  that  this  act  shall  not 
affect  the  right  under  the  laws  of  the  state  of  California,  of 
dentists  to  practice  dentistry  who  have  lawful  right  to  practice 
dentistry  at  the  time  of  the  passage  of  this  act. 

Sec.  2.  A  board  of  dental  examiners  to  consist  of  seven  (7) 
reputable  and  ethical  praticing  dentists  is  hereby  created,  to 
be  known  as  the  board  of  dental  examiners  of  California, 
whose  duty  it  shall  be  to  carry  out  the  purposes  and  enforce 
the  provisions  of  this  act.  The  members  of  this  board  shall 
be  appointed  by  the  governor  of  California,  all  of  whom  shall 
have  been  actively  and  legally  engaged  in  the  practice  of  den- 
tistry in  the  state  of  California,  for  at  least  (5)  years  next 
preceding  the  date  of  their  appointment,  and  none  of  whom 
shall  be  members  of  the  faculty  of  any  dental  college,  or  dental 
department  of  any  medical  college,  in  the  state  of  California, 
or  shall  have  any  financial  interest  in  any  such  college.  The 
said  seven  (7)  shall  compose  the  board  of  dental  examiners  of 
California.  The  term  for  which  the  members  of  said  board 
shall  hold  office  shall  be  four  (4)  years,  except  that  two  of  the 
members  of  the  board  first  to  be  appointed  under  this  act,  shall 
hold  their  term  of  office  for  the  term  of  one  year,  two  for  the 
term  of  two  years,  two  for  the  term  of  three  years,  and  one 
for  the  term  of  four  years,  and  until  their  successors  are  duly 
appointed  and  qualified.  In  case  a  vacancy  occurs  in  the  mem- 
bership of  said  board,  such  vacancy  shall  be  filled  by  appoint- 
ment by  the  governor,  within  thirty  (30)  days  after  such  va- 
cancy occurs. 


Act  922,  §  §  3-6  DENTISTRY.  a3U 

Sec.  3.  It  shall  be  the  power  and  duty  of  said  board  to  or- 
ganize by  the  election  of  one  of  its  members  president,  another 
secretary,  and  another  treasurer;  to  meet  at  least  twice  each 
year,  at  such  time  and  place  as  the  board  may  designate,  for 
the  purpose  of  transacting  the  business  of  the  board,  and  at 
such  other  times  as  the  board  may  elect,  or  on  the  call  of  the 
president  of  the  board,  or  not  less  than  four  (4)  members 
thereof.  A  written  notice  of  the  time,  place  and  object  of 
such  called  meeting  to  be  mailed  by  the  secretary  of  said  board 
to  all  the  members  thereof 'not  parties  to  the  eall,  at  least 
fifteen  (15)  days  before  the  day  of  the  meeting;  to  examine 
all  applicants  for  license  to  practice  dentistry  according  to  the 
provisions  of  this  act;  to  collect  and  apply  all  fees  as  directed 
by  this  act ;  to  keep  a  book  showing  the  names  of  all  persons 
to  whom  licenses  have  been  granted  by  said  board  to  practice 
dentistry,  and  such  other  books  as  may  be  necessary  to  plainly 
show  all  the  acts  and  proceedings  of  said  board;  to  have  and 
to  use  a  seal  bearing  the  name  ' '  Board  of  Dental  Examiners 
of  California." 

Sec.  4.  Out  of  the  funds  coming  into  the  possession  of  the 
board,  each  member  of  said  board  may  receive  as  compensa- 
tion ten  dollars  ($10.00)  for  each  day  actually  spent  in  attend- 
ing to  the  duties  of  his  office,  and  mileage  at  the  rate  of  five 
cents  ($.05)  per  mile  for  all  distances  actually  traveled  in 
going  to  and  coming  from  the  meetings  of  the  board.  Said 
expenses  shall  be  paid  from  the  fees  and  fines  received  by  the 
board  under  the  provisions  of  this  act,  and  no  part  of  the  sal- 
ary or  other  expenses  of  the  board  shall  ever  be  paid  out  of 
the  state  treasury. 

Sec.  5.  Each  member  of  the  board  shall,  upon  his  qualifica- 
tion and  the  organization  of  the  board,  file  with  the  secretary, 
his  postoffice  address,  and  thereafter  any  notice  of  any  change 
therein.  Any  notice  sent  to  the  address  so  on  file,  shall  be 
deemed  to  comply  with  the  requirements  of  this  act  as  to  notice 
to   them! 

Sec.  6.  All  books  of  said  board  shall  be  of  public  record 
and  at  all  times  during  business  hours  open  to  public  inspec- 
tion. A  certified  copy  of  any  part  or  all  thereof  shall-be  pri- 
mary evidence  in  any  court  of  this,  state.  The  original  books 
shall  be  kept  in  the  office  of  the  secretary  of  said  board  wher- 
ever  he  may  reside,  and  he  shall  furnish  to  any  person  making 
application  therefor  a  copy  of  any  part  thereof,  upon  the 
applicant  paying  a  fee  of  twenty-five  cents  ($.25)  per  hun- 
dred words  so  copied,  the  said  fee  to  belong  to  the  secretary. 
All  copies  shall  be  certified  by  the  secretary. 


331  DENTISTRY.  Act  922,  §§  7-1" 

Sec.  7.  The  governor  shall  have  the  power  to  remove  from 
office  at  any  time,  any  member  of  the  board  for  continued 
neglect  of  duty  required  by  this  act,  or  for  incompetency,  un- 
professional or  dishonorable  conduct. 

See.  8.  Said  board  shall  examine  all  applicants  for  exam- 
ination who  shall  furnish  satisfactory  evidence  of  having  com- 
plied with  the  provisions  of  this  act,  relating  to  qualification 
for  examination,  and  all  persons  satisfactorily  passing  such 
examinations  shall  be  granted  by  said  board  a  license  to  prac- 
tice dentistry  in  the  state  of  California. 

The  examination  of  applicants  shall  be  elementary  and 
practical  in  character,  but  sufficiently  thorough  to  test  the 
fitness  of  the  candidate  to  practice  dentistry.  It  shall 
include,  written  in  the  English  language,  questions  on  the 
following  subjects:  Anatomy,  physiology,  chemistry,  ma- 
teria medica,  therapeutics,  metallurgy,  histology,  pathology, 
operative  and  prosthetic  dentistry,  hygiene  and  dental  juris- 
prudence. The  answers  to  which  shall  be  written  in  the 
English  language.  Demonstrations  of  the  applicant's  skill 
in  operative  and  prosthetic  dentistry  must  also  be  given. 
All  persons  successfully  passing  such  examination  shall  be 
registered  as  licensed  dentists  on  the  board  register,  as 
provided  in  section  three,  and  shall  also  receive  a  certificate 
of  such  registration;  said  certificate  to  be  signed  by  the 
president  and  secretary  of  said  board.  In  no  case  shall  any 
applicant  be  examined  or  given  a  certificate  who  is  not 
twenty-one   years  of   age. 

Sec.  9.  An}'  member  of  the  board  may  inquire  of  any 
applicant  for  examination  concerning  his  character,  quali- 
fications or  experience,  and  may  take  testimony  of  any 
one  in  regard  thereto,  under  oath,  which  he  is  hereby  em- 
powered   to    administer. 

Sec.  10.  Every  person  now  licensed  to  practice  dentistry 
in  this  state,  who  has  failed  to  register  his  license  with 
the  clerk  of  the  county  wherein  his  place  of  business  is 
located,  as  provicb  d  by  law,  must  register  the  same  within 
sixty  days  after  this  act  takes  effect,  and  evey  person  who 
shall  hereafter  be  licensed  to  practice  dentistry  in  this 
state,  shall  within  six  months  thereafter  register  in  the 
office  of  the  clerk  of  the  county  where  his  place  of  business 
is  located,  in  a  book  kept  by  the  clerk  for  such  purpose,  and 
called  a  register  of  dentists,  his  name,  age,  office  address, 
the  date  and  number  of  his  license  to  practice  dentistry, 
a~d  the  date  of  such  registration,  which  registration  he  shall 
be  entitled  to  make  only  upon  showing  to   the  county   clerk 


Act  922,  §  10  DENTISTRY.  iT_> 

his  license   or   a   copy   thereof   certified  by  the  secretary  of 
the  board  over  its  seal,  and  making  an  affidavit  stating  his 
name,    age,   birthplace,    the    number   of   his    license   and   the 
date  of  its  issue;   that  he  is  the  identical  person  named  in 
the  license;  that  before  receiving  the  same  he  complied  with 
all    the    preliminary    requirements    of    this    statute    and    the 
rules  of  the  board  of  dental  examiners  as  to  the  terms  and 
the  amount  of  study  and  examination;  that  no  money  other 
than  the  fees  prescribed  by  this  statute  and  said  rules,  was 
paid    directly    or    indirectly    for    such   license,    and    that    no 
fraud,    misrepresentation    or'  mistake    in    a    material   regard 
was  employed  or  occurred  in  order  that  such  license  should 
be    conferred.     The    county    clerk    shall    preserve    such    affi- 
davit in  a  bound  volume  and  shall  issue  to  every  licentiate 
duly  registering  and  making  such  affidavit,  a  certificate  of 
registration  in  his  county,  which  shall  include  a  transcript 
of    the    registration.     Such    transcript    and    license    may    be 
offered  as  primary  evidence  in  all  courts  of  the  facts  therein 
stated.     A  copy  of  such  certificate   of  registration  shall   be 
sent    by    the    county    clerk   to    the    secretary   of    the    board 
within  'five    (5)    days  after  it  is   made.     The  county  clerk's 
fees  for   taking   such   registration   and  affidavit  and  issuing 
such   certificate   of  registration   shall   be  one    (1)   dollar.     A 
practicing   dentist   having   registered   a  lawful   authority   to 
practice  dentistry  in  one  county  of  the  state,  and  removing 
such  practice  or  part  thereof  to   another  county  shall  show 
or  send  by  it  gistered  mail  to  the  clerk  of  such  other  county 
his    certificate    of    registration.     If     such    certificate    clearly 
shows  that  the  original  registration  was  of  an  authority  is- 
sued by  the  board  of  dental  examiners,  or  if  the  certificate 
or   registration    itself   is   indorsed   by    the   secretary   of   the 
hoard   of   dental    examiners   as   entitled   to   registration,   the 
clerk  shall   thereupon  register   the   applicant  in  the  register 
of  dentists  of  the  latter  county  on  receipt  of  a  fee  of  fifty 
(50)   cents,  and  shall  stamp  or  indorse  on  such  certificate  of 
registration   the   date  and   his  name  preceded  by  the  words 
"Registered    also   in   County,"   and   return   the   cer- 
tificate of  registration  to  the  applicant.     Any  lawfully  reg- 
istered person  who  shall  thereafter  change  his  name  accord- 
ing to  law  shall  register  the  new  name  with  a  marginal  note 
of  the  former  name  with  the  clerk  of  the  county  or  counties 
where    he    is    practicing.     The    clerk    shall    note    upon    the 
margin   of   his   former   registration   in   ink   the  fact   of  such 
change,  and  a  cross-reference   to  the  ney  registration.     The 
clerk    shall   forthwith   notify   the    secretary  of  the   board   of 
such   change.     Any   county   clerk   who  knowingly  shall  make 
or  suffer  to  be   made   upon   the   register  of  dentists  kept  in 


333  DENTISTRY.  Act  922,  §§  11-r: 

his  office  any  entry  other  than  that  provided  for  in  this 
act,  shall  be  liable  to  a  penalty  of  $50  to  be  recovered  by 
and  paid  to  the  said  state  board  of  dental  examiners  in  a 
suit  in  any  court  having  jurisdiction.  Any  failure,  neglect 
or  refusal  on  the  part  of  any  person  holding  such  license  to 
register  the  same  with  the  clerk  of  said  county  as  above  di- 
rected for  a  period  of  six  months  after  the  issuance  thereof 
shall  ipso  facto  work  a  forfeiture  of  his  license,  and  it  shall 
not  be  restored  except  upon  the  payment  to  said  board  of 
twenty-five  (25)  dollars.  Any  suspension,  revocation  or  re- 
instatement of  a  license  shall  with  the  date  thereof  be 
forthwith  noted  by  the  county  clerk  on  the  margin  of  the 
registration  thereof  upon  receipt  of  notice  from  the  secre- 
tary of  the  board.  [Amendment  approved  March  20,  1903. 
Stats.  1903,  p.  322.     In  effect  immediately.] 

See.  11.     Eepealed.     Stat.  1905,  p.  430. 

Sec.  12.  No  person  shall  be  eligible  for  examination  by 
the  state  board  of  dental  examiners  who  shall  not  furnish 
satisfactory  evidence  of  having  graduated  from  a  reputable 
dental  college,  which  must  have  been  indorsed  by  the  board 
of  dental  examiners  of  California;  or  who  shall  not  have 
graduated  from  a  high  school  or  similar  institution  of  learn- 
ing, in  this  or  some  other  state  of  the  United  States,  re- 
quiring a  three  years'  course  of  study,  and  who  cannot 
furnish  to  the  board  of  dental  examiners  an  affidavit,  con- 
taining his  or  her  name,  the  name  of  his  or  her  preceptor, 
and  the  names  of  at  least  two  reputable  witnesses,  certi- 
fied to  in  the  state  of  California  before  a  notary  public, 
showing  that  he  or  she  has  completed  an  apprenticeship  of 
four  years  of  twelve  months  each,  with  a  licensed  prac- 
titioner of  dentistry,  in  the  state  of  California,  or  cannot 
furnish  to  said  board  of  examiners  a  certificate  from  the 
state  board  of  dental  examiners,  or  similar  body,  of  some 
other  state  in  the  United  States,  showing  that  he  or  she 
has  been  a  licensed  practitioner  of  dentistry  in  that  state 
for  at  least  five  (5)  years.  [Amendment  approved  March 
20,   1903.     Stats.  1903,  p.  324.     In  effect  immediately.] 

Sec.  13.  From  and  after  the  passage  of  this  act  any 
and  all  persons  desiring  to  enter  upon  the  practice  of  den- 
tistry in  the  state  of  California,  without  graduating  from 
a  reputable  college  in  the  United  States,  or  producing  sat- 
isfactory evidence  of  having  been  a  licensed  practitioner 
of  dentistry  in  some  other  state  for  at  least  five  years,  must 
file  with  the  board  of  dental  examiners  an  affidavit  certi- 
fied to  before  a  notary  public  of  the  state  of  California,  of 
his    intention    to    begin    an    apprenticeship    with    a    licensed 


Act  02?,  §§  14,  15  DENTISTRY.  ~> 

practitioner  of  dentistry  in  this  state,  and  the  said  affidavit 
must  certify  that  the  affiant  has  regularly  graduated  from 
a  high  school  or  similar  institution  of  learning  in  the  United 
States,  as  provided  in  Bi  Ctioll  twelve  of  this  act,  and  contain 
in  full  the  names  of  both  affiant  and  his  proposed  preceptor 
and  the  names  of  two  reputable:  witnesses,  together  with 
the  date  of  beginning  of  his  proposed  term  of  apprentice- 
ship; and  the  board  of  dental  examiners  shall  issue  to  affiant 
a  receipt  for  same. 

Sic.  1  K  Bv<  ry  person  applying  to  the  board  of  dental 
examiners  for  a  license  to  practice  d<  ntistry  shall  pay  to 
the  board  a  fee  of  twenty-five  (89)  dollars,  whieh  shall  in 
no  case  be  refunded.  Every  1  i <•<  used  d-  ntist  shall  on  or 
in  t'.ire  the  first  day  of  May  of  eaeh  y<  ar,  except  the  one 
in  which'  he  is  licensed,  pay  to  tin  -.  ei,  <  irv  of  the  board 
of  dental  examiners  a  fee  of  two  (2)  dollars,  which  shall 
be  used  exclusively  for  the  prosecution  of  violators  of  this 
act  and  for  expenses  of  collecting  said  fee.  The  year  for 
which  a  fee  shall  lie  paid  shall  In  gin  the  July  first  follow- 
ing the  May  whin  it  becomes  due  and  end  the  succeeding 
dune  :;!<ith.  The  board  may  reduce  or  remit  altogether 
said  fee  for  any  year,  but  such  reduction  or  remissidn 
must  be  made  alike  to  all  liabb  to  pay  the  same.  In  case 
any  person  defaults  in  paying  said  fee,  his  license  may 
be  revoked  by  the  board  of  dental  examiners  on  thirty 
days'  notice  in  writing  from  the  secretary,  unless  within 
said  time  said  fee  is  paid,  together  with  such  penalty  not 
exceeding  ten  (10)  dollars,  as  the  board  may  impose. 
Upon  payment  of  said  f<  e  and  penalty  the  board  shall 
reinstate  the  delinquent's  license.  On  or  before  the  first 
day  of  July  of  each  year  the  secretary  of  the  board  shall 
send  to  the  county  clerk  of  each  county  in  the  state  a 
certifier!  list  of  all  practicing  dent's!  s  therein  who  have 
paid    said    fee,    and    the    clerk    shall    enter   or  '       the   same 

in  the  register  of  dentists.  Necessary  expenses  per  diem 
compensation  and  mileage  of  the  members  of  the  board  in- 
curred while  in  attendanci  on  meetings  not  for  prosecut- 
ing violators  of  this  act  shall  be  paid  out  of  the  other 
fees  and  fines  provided  for  in  this  act.  All  moneys  re- 
ceived under  this  act  shall  be'  deposited  in  some  reliable 
bank  in  the  name  of  the  board,  and  shall  be  with dr  iwn 
only  on  the  joint  check  of  the  president  and  the  secretary 
of  the  board.  [Amendment  approved  Mar,  h  _'  ',  1<>03, 
stats,   ion:;,  p.  ::'2b    In  effect  immediately.] 

Sec.  15.  Any  and  all  persons  shall  be  understood  to  be 
practicing     dentistry     r?  it  bin     the     meaning   of   this   act    who 


325  DENTISTRY.  Act  922,  §§  16-19 

shall  for  a  fee,  salary,  or  reward,  paid  directly  or  indi- 
rectly, either  to  himself  or  to  some  other  person,  perform 
operations  of  any  kind  upon,  or  treat  diseases  or  lesions 
of  the  human  teeth  or  jaws,  or  correct  malimposed  posi- 
tions thereof,  or  display  a  sign,  or  in  any  way  advertise 
himself  as  a  dentist;  but  nothing  in  this  act  contained 
shall  prohibit  bona  fide  students  of  dentistry  from  operat- 
ing in  the  clinical  departments  or  the  laboratory  of  a 
reputable  dental  college,  or  an  unlicensed  person  from 
performing  merely  mechanical  work  upon  inert  matter 
in  a  dental  office  or  laboratory;  or  the  student  of  a  licen- 
tiate from'  assisting  his  preceptor  in  dental  operations 
while  in  the  presence  of  and  under  the  personal  super- 
vision of  his  instructor;  or  a  duly  licensed  physician  from 
treating  diseases  of  the  mouth,  or  performing  operations 
in  oral  surgery.  But  nothing  in  the  provisions  of  this  act 
shall  be  construed  to  permit  the  performance  of  dental 
operations  by  any  unlicensed  persons  under  cover  of  the 
name  of  a  regular  practitioner  of  dentistry.  [Amendment 
approved  March  20,  1903.  Stats.  1903,  p.  325.  In  effect 
immediately.] 

Sees.  16,  17,  18.  Repealed.  [Amendment  approved 
March  20,  1903.     Stats.  1903,  p.  325.    In  effect  immediately.] 

Sec.  19.  Any  person,  company  or  association  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punishable  with  a  fine  of  not  less  than  fifty  (50)  dol- 
lars or  more  than  five  hundred  (500)  dollars,  or  by  im- 
prisonment for  not  less  than  five  (5)  days  nor  more  than 
six  (6)  months  in  the  county  jail,  or  by  both  fine  and  im- 
prisonment,  who 

1.  Shall  sell  or  barter,  or  offer  to  sell  or  barter,  any 
diploma  or  document,  conferring  or  purporting  to  confer 
any  dental  degree,  or  any  certificate  or  trans  ript,  made 
or  purporting  to  be  made,  pursuant  to  the  law.-,  regulating 
tne  license  and  registration  of  dentists;  or 

2.  Shall  purchase  or  procure  by  barter,  any  such  di- 
ploma, certificate  or  transcript,  with  intent  that  the  same 
shall  be  used  as  evidence  of  the  holder's  qualification  to 
practice  dentistry,  or  in  fraud  of  the  laws  regulating  such 
practice;    or 

3.  Shall  with  fraudulent  intent,  alter  in  a  material  re- 
gard  any  such  diploma,   certificate  or  transcript;    or 


Act  922,   §  20  DENTISTRY.  336 

4.  Shall  use  or  attempt  to  use  any  such  diploma,  certifi- 
cate or  transcript,  which  has  been  purchased,  fraudulently 
issued,  counterfeited  or  materially  altered,  either  as  a 
license  or  color  of  license  to  practice  dentistry,  or  in  order 
to  procure  registration  as  a  dentist;  or 

5.  Shall  practice  dentistry  under  a  false  or  assumed 
name;   or 

6.  Shall  assume  the  degree  of  "doctor  of  dental  sur- 
gery" or  "doctor  of  dental  medicine,"  or  shall  append  the 
letters  "D.  D.  S. "  or  "D.  M.  D."  to  his  or  her  name,  not 
having  duly  conferred  upon  him  or  her,  by  diploma  from 
a  recognized  dental  college  or  school  legally  empowered 
to  confer  the  same,  the  right  to  assume  said  title;  or  shall 
assume  any  title,  or  append  any  letters  to  his  or  her 
name,  with  tne  intent  to  represent  falsely  that  he  or  she 
has  received  a   dental   degree  or  license;  or 

7.  Shall  in  an  affidavit,  required  of  an  applicant  for 
examination,  license  or  registration,  under  this  act,  will- 
fully make  a  false  statement  in  a  material  regard;  or 

8.  Shall  engage  in  the  practice  of  dentistry  under  any 
title  or  name  without  causing  to  be  displayed  in  a  con- 
spicuous manner  and  in  a  conspicuous  place  in  his  or  her 
office  the  name  of  each  and  every  person  employed  in  the 
practice  of  dentistry  therein,  together  with  the  word  me- 
chanic or  apprentice  after  the  name  of  each  unlicensed  per- 
son  employed;    or 

9.  Shall  within  ten  days  after  demand,  made  by  the 
secretary  of  the  board,  fail  to  furnish  to  said  board  the 
name  and  address  of  all  persons  practicing  or  assisting 
in  the  practice  of  dentistry  in  the  office  of  said  person, 
company  or  association,  at  any  time  within  sixty  days 
prior  to  said  notice,  together  with  a  sworn  statement 
showing  under  and  by  what  license  or  authority  said  per- 
son, company  or  association  and  said  employee  are  and 
have  been  practicing  dentistry,  but  said  affidavit  shall  not 
be  used  as  evidence  against  such  person,  company  or  as- 
sociation   in    any    proceeding    under    this    section;    or 

10.  Is  practicing  dentistry  in  the  state  without  a  license, 
or  whose  license  has  been  revoked  or  suspended.  [Amend- 
ment approved  March  20,  1903.  Stats.  1903,  p.  325.  In 
effect   immediately.] 

Sec.  20.  It  is  hereby  further  provided,  that  the  con- 
ferring   of    degrees    and    the     bestowing    of    diplomas,    by 


J37  DENTISTRY.  Act  922,  §§  21,  21% 

reputable  dental  colleges  of  this  state,  who  have  been 
indorsed  by  the  board  of  dental  examiners  of  California, 
and  are  members  of  the  National  Association  of  Dental 
Faculties,  are  not  included  in  the  foregoing  penalties,  nor 
shall  their  rights  and  prerogative  ever  be  abridged  in  any 
manner  whatsoever. 

Sec.  21.  All  fines,  penalties  or  forfeitures,  rot  including 
the  examination  fee,  imposed  or  collected  for  the  viola- 
tion of  any  of  the  foregoing  provisions  of  this  act,  unless 
otherwise  specified,  shall  be  paid  as  follows:  One-half 
into  the  common  school  fund  in  the  county  in  which  the 
prosecution  is  had,  and  one-half  to  the  treasurer  of  this 
board,  to  be  turned  into  the  regular  funds  of  this  board, 
and  it  shall  be  the  duty  of  the  county  treasurer  of  each 
county,  upon  the  receipt  by  him  of  any  such  fines,  penal- 
ties or  forfeitures,  to  forthwith  pay  over  the  same  one- 
half  to  the*  treasurer  of  this  board.  Said  board,  or  any 
member  or  officer  thereof,  may  prefer  a  complaint  for  vio- 
lation of  the  law  regulating  the  practice  of  dentistry, 
before  any  court  of  competent  jurisdiction,  and  may  by 
its  officers,  counsel  and  agents,  aid  in  presenting  the  law 
or  facts  before  said  court,  in  any  proceeding  taken  thereon; 
and  it  shall  be  the  duty  of  the  district  attorney  of  each 
county  of  this  state,  to  prosecute  all  violations  of  the 
aforesaid  provisions  of  this  act  in  their  respective  counties 
in  which  such  violations  occur. 

Sec.  21^.  Any  dentist  may  have  his  license  revoked 
or  suspended  by  the  board  of  dental  examiners  for  any  of 
the  following  causes: 

1.  His  conviction  of  a  felony  or  misdemeanor  involving 
moral  turpitude,  in  which  case  the  record  of  conviction 
or  a  certified  copy  thereof,  certified  by  the  elerk  of  the 
court,  or  by  the  judge  in  whose  court  the  conviction  is  had, 
shall   be    conclusive   evidence. 

2.  For  unprofessional  conduct,  or  for  gross  ignorance, 
or  inefficiency  in  his  profession.  Unprofessional  conduct 
shall  mean  employing  what  are  known  as  cappers,  or 
steerers  to  obtain  business;  the  obtaining  of  any  fee  by 
fraud  or  misrepresentation;  willfully  betraying  profes- 
sional secrets;  employing  directly  or  indirectly  auy  student 
or  any  suspended  or  unlicensed  dentist  to  perform  opera- 
tions of  any  kind,  or  to  treat  lesions  of  the  human  teeth 
or  jaws,  or  correct  malimposed  formations  thereof,  ex- 
Gen.  Laws — 22 


Act  922,  §  22  DENTISTRY.  33S 

cept  as  heretofore  provided  in  section  15;  the  adver- 
tisement of  dental  business  or  treatment  or  devices  in 
which  untruthful,  improbable  or  impossible  statements  are 
m&de;  or  habitual  intemperance  or  gross  immorality.  The 
proceedings  to  revoke  or  suspend  any  license  under  the 
first  subdivision  of  section  21%,  must  be  taken  by  the 
board  on  the  receipt  of  a  certified  copy  of  the  record  of 
conviction.  The  proceedings  under  the  second  subdivision 
of  section  21%  inay  be  taken  by  the  board  from  the  mat- 
ters within  its  knowledge,  or  may  be  taken  upon  the  in- 
formation of  another.  All  accusations  must  be  in  writing, 
verified  by  some  party  familiar  with  the  facts  therein 
charged,  and  three  copies  thereof  must  be  filed  with  the 
secretary  of  the  board.  Upon  receiving  the  accusation 
the  board  shall,  if  it  deem  it  sufficient,  make  an  order 
setting  the  same  for  hearing,  and  requiring  the  accused  to 
appear  and  answer  it  at  said  hearing,  at  a  specified  time 
and  place,  and  the  secretary  shall  cause  a.  copy  of  the 
order  and  of  the  accusation  to  be  served  upon  the  accused 
at  least  ten  (10)  days  before  the  day  appointed  in  the 
order  for  said  hearing.  The  accused  must  appear  at  the 
time  appointed  in  the  order  and  answer  the  charges  and 
make  his  defense  to  the  same,  unless  for  sufficient  cause 
the  board  assign  another  day  for  that  purpose.  If  he  do 
not  appear  the  board  may  proceed  and  determine  the  ac- 
cusation in  his  absence.  If  the  accused  plead  guilty  or  re- 
fuse to  answer  the  charges,  or  upon  the  hearing  thereof 
the  board  shall  find  them  or  any  of  them  true,  it  may  pro- 
ceed to  a  judgment  revoking  his  license  or  suspending  it. 
The  board  and  the  accused  may  have  the  benefit  of  counsel, 
and  the  board  shall  have  power  to  administer  oaths,  take 
the  depositions  of  witnesses  in  the  manner  provided  by  law 
in  civil  cases,  and  to  compel  them  to  attend  before  it  in  per- 
son the  same  as  in  civil  cases,  by  subpoena  issued  over  the 
signature  of  the  secretary  and  the  seal  of  the  board  and  in 
the  name  of  the  people  of  the  state  of  California.  Upon  the 
revocation  of  any  license,  the  fact  shall  be  noted  upon  the 
record  of  the  board  of  dental  examiners  and  the  license  shall 
be  marked  as  canceled,  upon  the  date  of  its  revocation. 
[New  section  approved  March  20,  1903.  Stats.  1903,  p.  326. 
In  effect  immediately.] 

Sec.  22.  The  members  of  the  board  of  dental  examiners 
shall  make  an  annual  report  of  its  proceedings  to  the  gov- 
ernor of  California  by  the  first  of  December  of  each  year, 
together  with  an  account  of  all  moneys  received  and  dis- 
bursed by  them,  pursuant  to  this  act. 


333  DISTRICT    ATTORNEYS.  Acts  W-W4 

Sec.  23.  Four  members  of  said  board  of  dental  exam- 
iners shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness at  any  meeting  of  the  board. 

Sec.  24.  Nothing  in  this  act  shall  be  so  construed  as  to 
interfere  with  the  rights  and  privileges  of  physicians  and 
surgeons  in  the  discharge  of  their  duties. 

Sec.  25.  This  act  shall  take  effect  immediately,  and  all 
laws  in  conflict  with  this  act  are  hereby  repealed. 


TITLE   130. 
DESCENT  AND  DISTRIBUTION. 
ACT  927. 

To  regulate  descents  and  distribution.      [Stats.  1850,  p.  219.] 
Superseded    by    Civil    Code,    sec.!3S6. 


TITLE  131. 
DIABLO  CREEK. 
ACT  932. 

To  declare  Diablo  Creek  in  Contra  Costa  County  navigable. 
[Stats.  858,  p.  127.] 
Incorpoiated   in  Political   Code,    sec.   2349. 


TITLE   132. 

DISSECTION. 
ACT  937. 

To  promote  the  study  of  anatomy.     [Stats.  1869-70,  p.  405.] 

This  act   provided   for   the  surrender  of  dead   bodies  for   dissection. 
It   was   superseded   by   Policical   Code,    sees.    3093-3095. 


TITLE   133. 

DISTRICT  ATTORNEYS. 
ACT  942. 

Authorizing    and    diTectyng  district  attorneys  to  bring  suits 
to  abate  nui3ai>ces.     [Staats.  1899,  p.   103. J 


Acts  91"  rcn  DITCHES.  840 

ACT  943. 

In  relation  to  district  attorneys,  their  assistants  and  clerks 
in  cities  and  counties,  and  counties  having  a  popula- 
tion of  more  than  one  hundred  and  twenty-five  thou- 
sand.     [Stats.  1891,  p.  21.] 

'•I'm  .institutional.  (Oarcy  v.  Mayor,  104  Cal.  842;  Ex  parte 
Glamboninl,  112  Cal.  574.)  Superseded  by  County  Government  Act. 
1S97,    and    by    charter   of   San    Francisco."— Code    Commissioners-    Note. 

ACT  944. 

Apportioning   the   fees  between  district   attorneys  and  their 
successors.     [Stats.  1865-6,  p.  163.] 

Ann  nrlr-il    1S65-6,    325. 

m  rsedod    by   County   Government  and   other  acts  requiring  offl- 
to    pay    their    fees    Into    the    county    treasury."— Code    Commlsslon- 
rs'    N'.'te. 

ACT  945. 

Mistr'wt    attorneys,  relating  to  fees  of  in    certain    counties. 
[Stats.  1871-2,  p.  799.J 

"Probably  repealed  by  sees.  171,  177,  186,  and  211  of  the  County 
'i.vornment  Act,  1897.  523,  527,  540,  568,  fixing  the  salaries  of  district 
attorni  tiers'   Xote. 

This  act  related  to  the  counties  of  Butte,  Inyo,  Placer,  and  Shasta. 


TITLE   134. 

DITCHES. 
ACT  950. 

An   act   for   the  protection    of    the    owners    of    ditches    and 
flumes. 

[Approved  March  16,  1889.     Stats.  1889,  p.  202.J 

Codified    In    part    by    amendment   of   Civil    Code,    1905.     See    note    to 
I  842,   Civil  Code. 

Joint  liability  of  owners  of  ditch  or  flume. 

hi  1.  When  two  or  more  persons  are  associated  by 
agr<  ement  in  tin  use  of  a  ditch  or  flume,  or  are  using  for 
the  irrigation  oi  land  a  ditch  or  flume,  to  the  construction 
of  which  they  or  their  grantors  have  contributed,  each  of 
them  shall  be  liable  to  the  other  for  the  reasonable  expense 
of  maintaining  and  repairing  fch<  Bame  in  proportion  to  the 
share  in   the  use  of  the   water  to   which   he  is  entitled. 


341  DIVORCES— DOGS.  Acts  955-965 

Action  for  refusal  to  pay  proportional  expense. 

Sec.  2.  If  any  of  them  refuse  or  neglect,  after  demand 
in  writing,  to  pay  his  proportion  of  such  expenses,  he  shall 
be  liable  therefor  in  an  action  for  contribution  in  the  nature 
of  an  action  on  the  case,  and  in  any  judgment  obtained 
against  him,  interest  from  the  time  of  such  demand,  at  the 
rate  of  two  per  cent  per  month  may  be  included. 

Willful  appropriation  a  misdemeanor. 

Sec.  3.  If  any  of  them  willfully  appropriate  to  his  own 
U3e  more  than  his  proportionate  share  of  the  water  from 
such  ditch  or  flume,  to  the  detriment  of  his  associates,  or 
any  of  them,  he  shall  be  liable  in  damages  in  treble  the  value 
of  the  water  so  appropriated  in  excess  of  his  proper  share. 

Actions,  how  brought. 

Sec.  4.  The  action  provided  for  in  sections  two  and 
three  may  be  brought  by  any  or  either  of  the  parties  injured, 
and  may  be  joint  or  several. 

Sec.  5.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


TITLE  135. 
DIVORCES. 
ACT  955. 

Concerning    divorces.     [Stats.    851,    p.    186.] 

Amended   1S53,    70;     1S69-70,   291.     Supplemented   1857,   240.     Superseded 
l>y  provisions  of  Civil  Code. 


TITLE   136. 
DIXON. 
ACT  960. 

Incorporating    town    of.     [Stats.    1877-8,    p.    712.] 

Superseded   by   incorporation,    in   1SS4,    under   Municipal   Corporation 
Aot  of  1SS3. 


TITLE   137. 

DOGS. 

Dogs  killing  pheep,   liability  for:  See  Sheep,   post. 
ACT  965. 

An  act  to   protect  sheep  and    cashmere    and    angora    goats 

against  the  ravages  of  dogs. 

[Approved  March  13,  1866;   1865-6,  225.] 


Act  MS,  §§  1-4  DOGS.  341 

This  act   is  not   Included  In   the  acts  In  force  compiled   hy  the  code 
commissioners,    it    hrs    not    b<  ealed.    It    Is   difficult    to 

tell  what,  if  any,  part  of  it  is  in  tone,  and  it  is  therefore  set  forth 
at  length. 

Dog  tax. 

Section  1.  Every  owner,  claimant,  or  keeper  of  a  dog 
oi  dogs  of  tin-  age  oJ  four  months  or  over,  shall  hereafter 
pay  an  annual  tax  on  ail   dog  claimed]  or  kept  by 

him  or  her;  for  the  first  mail  dog,  one  dollar;  for  every  a  '- 
ditional  male  dog,  two  dollars;  and  for  every  female  dog, 
thr<  i    dollars. 

Collection. 

Tt   shall    be   the    duty   of    the   county,   district,    or 
township  a-  '-as,    may  be,  at  the  time  oi  mak- 

ing their  animal   aasessmi  nt  of  n  :il  I   prop- 

erty,  to  ascertain  by  diligent  inquiry  and  examination,  the 
•  of  all  persona  owning,  claiming,  or  keeping  any  dog 
or  dogs,  and  they  shall  assess  all  such  dogs  in  the  amounts 
tively,  as  provided  in  the  first  Bection  of  this  act,  to 
the  p'-rson  or  persons  owning,  claiming,  or  keping  the  same, 
and  shall  make  lists  and  di  livery  thereof  on  their  annual  tax 
lists  or  assessment  rolls  at  the  same  time  and  in  the  same 
manner  as  their  lists  and  delivery  of  other  personal  property 
are  made  and  delivered;  and  the  proper  oflicers  are  hereby 
empowered  and  required  to  collect  such  tax  on  dogs  in  the 
sunn  mode  and  mapner  as  other  taxes  are  collected,  and  to 
pay  over  the  same  into  the  county  school  fund. 

Ownership. 

Sec.  3.     Ev<  rv  dog  kept    or    staying    at    any    house    shall 
be     deemed     sufficient    evidence    of    ownership    to    authorize 
the    assessor    to    return    the    person    inhabiting    the    ho 
the  owner  of  such   dog;   and  any   |  ading   his  or  her 

dog  from  house  to  house  or  from  place  to  place  in  order 
to  evade  said  tax  shall  pay  double  rates  therefor;  and 
every  dog  not  so  returned  shall  be  deemed  to  have  no 
owner,  and  may  be  lawtully  killed  by  any  person  seeing 
the    same    running    at    large. 

Damages. 

Sec.   4.     The  owner  or  owners  of  any  do£  or  dogs  which 

shall   worry,   wound,  or  kill   any  she<  p.  or  angora 

goats,    shall    be    liable    to    the    owner    or    po  >f    such 


S43  DORRIS    BRIDGE,    TOWN    OF— DRAINAGE.     Acts  970-9S0 

sheep,  goat  or  goats,  for  the  damages  and  costs  of  suit, 
to  be  recovered  before  any  court  having  jurisdiction  in  the 
case. 

Killing. 

Sec.  5.  Any  person  finding  any  vdog  or  dogs,  not  on  tho 
premises  of  its  owners,  worrying,  wounding,  or  killing 
any  sheep,  or  eashmere  or  angora  goats,  may  kill  the 
same,  and  the  owner  thereof  shall  sustain  no  action  for 
damages  against  any  person  so  killing  any  dog  or  dogs 
under  such  circumstances. 


TITLE  138. 
DORRIS  BRIDGE,  TOWN  OF 
ACT  970. 

Dorris    Bridge,    name    changed     to    Alturas.     [Stats.    1875-6, 

513.] 

TITLE  139. 
DOWNIEVILLE. 
ACT   975. 

To   incorporate.     [Stats.   1863,   p.   74.] 
Amended   and   repealed    1S63-4,    275;     1865-6,    642.    Repealed    W01,    276. 


TITLE   140. 
DRAINAGE. 

ACT  979. 

An  act  to  create  a  drainage  district  to  be  called  "Sacra- 
mento Drainage  District,"  to  promote  drainage  there- 
in; to  provide  for  the  election  and  appointment  of  offi- 
cers of  said  drainage  district;  refining  the  powers,  du- 
ties and  compensations  of  such  officers  and  providing 
for  the  creation,  division  and  management  of  reclama- 
tion, swamp  land,  levee,  drainage  and  protection  dis 
tricts  within  said  Sacramento  drainage  district,  arid 
providing  for  levying  and  collecting  assessments  upon 
the  lands  within  said  drainage  district.  [Stats.  1905, 
p.   443.] 

ACT  980. 

To    promote    drainage.      [Stats.    1880,    p,    123.] 

Unconstitutional.     (People   v.    Parks,   58   Cal.    624;    Doane   v.    Well,   53 
Cal.    334.) 


Acts  9S1-9S5,  §    1  DRAINAGE.  HA 

ACT    981. 

Creating  Sacramento  River  drainage  district,  to  establish 
a  board  of  commissioners  therefor  and  to  define  their 
powers  and   duties.      [Stats.   1897-8,  p.  987.] 

ACT   982. 

To  provide  for  the  organization  and  government  of  drain- 
age districts,  for  the  drainage  of  agricultural  lands 
other  than  swamp  and  overflowed  lands.  [Stats.  1897, 
p.    334.] 

Amended   1901,    554.    Repealed   1903,    SIT. 
Cal.    Rf-p.    Cit.     142,    201. 

ACT    983. 

To   provide   a   system   of   drainage   for   agricultural,   swamp, 

and    overflowed     lands.      [Approved     March      3,      1881. 

Stats.   1881,  p.    15.] 

Amended   1<597.    220. 

Unconstitutional.     (Hickey    v.    Stearns    Rancho    Co.,    126   Cal.    151.) 
Cal.    Rep.    Cit.     144.    216. 

ACT    984. 

To  abolish  the  state  drainage  construction  fund  and  di- 
recting the  transfer  of  any  balance  remaining  therein 
to    the   general   fund.      [Stats.    1893,    p.    64.] 

ACT   985. 

An  act  to  promote  drainage. 

[Approved    March    18,    1885;    1885,    204.] 

Amended    1891,    262. 
Cal.    Rep.    Cit.    144,    210;     144,    211;     144,    212;     144,    213;     144,    21*;     144, 
216;      144,    217. 

Petition  to  adopt  measures  to  drain  lands. 

Section  1.  Whenever  the  owners  of  two-thirds  of  any 
body  of  lands  susceptible  of  one  mode  of  drainage  desire 
to  drain  the  same,  they  may  present  to  the  board  of  super- 
visors of  the  county  in  which  the  lands,  or  the  greater 
portion  thereof,  are  situated,  at  a  regular  meeting  of  the 
board,  a  petition  setting  forth  that  they  desire  to  adopt 
measures  to  drain  the  same,  the  description  of  the  land, 
tin  number  of  acres  in  the  whole  district,  and  the  number 
of  acres  in  each  tract,  and  the  names  of  the  owners 
thereof,  and  the  names  of  three  persons  who  may  desire 
to  serve  as  trustees  for  the  first  three  months;  the  petition 
must  be  verified  by   the  affidavit  of  one  of  the  petitioners, 


315  DRAINAGE.  Act  985,  5  §  2-b 

and  must  be  published  for  four  weeks  next  preceding  the 
hearing  thereof,  in  some  newspaper  published  in  the 
county  in  which  the  lands  are  situated;  or  if  there  is  no 
newspaper  published  in  the  county,  then  it  must  be  pub- 
lished in  some  newspaper  having  a  general  circulation  in 
the  county,  and  an  affidavit  of  such  publication  must  be  filed 
with  the  petition. 

District   lying  in   different   counties. 

Sec.  2.  When  a  district  is  situated  partly  in  different 
counties,  the  trustees  must,  after  the  petition  has  been 
granted,  forward  a  copy  thereof  to  the  clerk  cf  the  board 
of  supervisors  of  any  county  in  which  any  portion  of  the 
district  may  lie,  and  the  board  to  which  the  same  is  for- 
warded must  not  allow  another  district  to  be  formed 
within  sueh  district,  unless  with  the  consent  of  the  trustees 
thereof. 

Formation   of   district. 

Sec.  3.  If  no  board  of  supervisors  find,  upon  the 
hearing  of  such  petition,  that  lands  have  been  improperly 
included  in  such  district,  they  may  before  fixing  the  final 
boundaries,  exclude  from  such  district  any  lands  which 
may  have  been  included,  or  include  any  lands  adjacent 
thereto,  on  petition  of  any  owner  of  such  land  presented 
at  such  time  of  hearing,  as  they  may  deem  for  the  best  in- 
terests of  such  district;  and  they  must  then  define  the 
boundaries,  declare  the  district  duly  formed,  and  the 
persons  named  in  the  petition  for  the  formation  of  such 
district  to  be  the  trustees  for  the  first  three  months,  or 
until  their  successors  are  appointed.  [Amendment  ap- 
proved March  31,  1891.  Stats.  1891,  p.  262.  In  effect 
immediately.] 

Eecording  petition. 

Sec.  4.  The  petition  must  then  be  recorded  by  the 
county   recorder. 

By-laws. 

See.  5.  After  the  approval  of  the  petition  the  petition- 
ers may  make  such  by-laws  as  they  deem  necessary  for 
future  appointment  of  trustees,  and  to  effect  the  work 
of  drainage,  keep  the  same  in  repair  and  operation,  and 
for  the  control  and  management  thereof,  by  the  votes 
or  consent  of  the  owuers  of  a  majority  of  the  land  in  the 
district. 


Act  CSG.  §§  C-10  DRAINAGE.  34* 

Signing  and   recording   by-laws. 

Sec.  6.  The  by-laws  adopted  must  be  signed  by  persons 
owning  a  majority  of  land  in  the  district,  and  must  be 
recorded  by  the  county  recorder. 

Power  of  board. 

Sec.  7.  The  board  thus  formed  shall  have  power  to 
elect  one  of  their  number  president  thereof,  and  to  em- 
ploy engineers  to  survey,  plan,  locate,  and  estimate  the 
cost  of  the  works  necessary  for  drainage,  and  the  land 
needed  for  right  of  way,  including  drains,  canals,  sluices, 
water-gates,  embankments,  and  material  for  construction, 
and  to  construct,  maintain,  and  keep  in  repair  all  works 
•  :ry    to    the    object    in    view. 

rians  and  estimates. 

Sec.  8.  The  board  of  trustees  must  report  to  the  board 
of  supervisors  of  the  county,  or  if  the  district  is  situated 
in  more  than  one  county  then  to  the  board  of  supervisors 
of  each  county  in  which  the  district  is  situated,  the  plans 
of  the  work  and  estimates  of  the  costs,  together  with  the 
estimates  of  the  incidenal  expenses  of  superintendence, 
repairs,    etc. 

Assessing  expense. 

Sec.  9.  The  board  by  which  the  district  was  formed 
must  appoint  three  commissioners,  distinterested  persons 
residing  in  the  eovnty  in  which  the  district,  or  some  part 
thereof,  is  situated,  and  such  commissioners  must  view 
oh  the  lands  situated  in  the  district  a  charge 
proportionate  to  the  whole  expense,  and  to  the  benefit 
a  win  result  t'rera  suefc  work,  which  charge  must 
be  collected  and  paid  into  the  county  treasury  as  herein- 
after pr*»vid«d,  and  must  be  placed  by  the  treasurer  to  the 
credit  of  the  district,  and  paid  out  for  the  work  of  drain- 
age upon  the  warrants  of  the  trustees  appointed  by  the 
board   of   supervisors  of   the   county. 

Warrants  on  the  treasurer. 

s,  .-.  10.  The  wan-ants  drawn  by  the  trustees  must,  after 
they  are  approved  by  the  board  of  supervisors,  be  pre- 
sented to  the  treasure*  ol  tin  *ounty,  and  if  they  are  not 
paid  on  presentation  like  indorsements  must  be  made 
thereon,  aud  they  must  be  registered  in  like  manner  as 
county    warrants. 


347  DRAINAGE.  Act  885,  §§  11-14 

Payments  when  district  in  different  counties. 

Sec.  11.  If  a  district  is  situated  partly  in  different  coun- 
ties the  charges  must  be  paid  into  the  treasury  of  the 
county  in  which  the  particular  tract  may  be  situated. 

Further  assessment. 

Sec.  12.  If  the  original  assessment  is  insufficient  to  pro- 
vide for  the  complete  drainage  of  the  lands  of  the  district, 
or  if  further  assessments  are  from  time  to  time  required  to 
provide  for  the  protection,  maintenance,  and  repairs  of  the 
works,  the  trustees  must  present  to  the  board  of  supervisors 
by  which  the  district  was  formed  a  statement  of  the  work  to 
be  done  and  its  estimated  cost,  and  the  board  must  make  an 
order  directing  that  the  commissioners  who  made  the  original 
assessment,  or  other  commissioners  to  be  named  in  such  order, 
to  assess  the  amount  of  such  estimated  cost  as  a  charge  upon 
the  lands  in  the  district,  which  assessment  must  be  made  and 
collected  in  the  same  manner  as  the  original  assessment. 

List  of  charges  and  of  lands. 

Sec.  13.  The  commissioners  appointed  by  the  board  of  su- 
pervisors must  make  a  list  of  the  charges  assessed  against  each 
district  of  land,  and  the  list  must  contain  a  description  of 
each  tract  assessed,  the  number  of  acres  in  each  tract,  and 
the  names  of  the  owners  in  each  tract,  if  known,  and  if  un- 
known, the  amount  of  charges  assessed  against  each  tract;  and 
the  board  of  commissioners  must,  on  completion  of  such  list, 
cause  a  notice  to  be  published  in  some  paper  published  in  the 
county  where  such  district  is  situated,  and  also  have  such  notice 
posted  in  three  places  in  such  district,  to  the  effect  that  the 
board  of  commissioners  will,  in  ten  days  from  the  publication  of 
such  notice,  meet  (and  they  shall  also  name  the  time  and  place 
of  such  meeting)  as  a  board  of  equalization  for  the  purpose 
of  equalizing  assessments,  and  will  continue  in  session  as  long 
as  may  be  necessary,  not  to  exceed  ten  days,  at  the  end  of« 
which  time,  having  equalized  and  adjusted  such  assessments, 
the  list  must  then  be  filed  as  hereinafter  provided.  [Amend- 
ment approved  March  31,  1891.  Stats.  1891,  p.  2G2.  In  ef- 
fect immediately.] 

Filing  list. 

Sec.  14.  The  list  so  made  must  be  filed  with  the  county  treas- 
urer of  the  county,  or  if  the  district  is  partly  situated  in 
different  counties,  then  the  original  list  must  be  tiled  in  the 
county  first  in  order  under  alphabetical  arrangement,  ai  I 
copies   thereof,   certified    by    the    commissioners,    must    be    filed 


Act  985,  J  §  15-20  DRAINAGE.  UH 

with  the  treasurers  of  each  of  the  other  counties.  From  and 
after  the  filing  of  the  list,  or  certified  copies  thereof,  the 
charges  assessed  upon  any  tract  of  land  in  the  county  consti- 
tutes a  lien  thereon;  and  the  list  thus  prepared  must  remain  in 
the  office  of  the  treasurer  for  thirty  days,  or  longer  if  ordered 
by  the  board  of  trustees;  and  during  the  time  they  so  remain 
any  person  may  pay  the  amount  of  the  charges  against  any 
tract  to  the  treasurer  without  costs;  or  if  so  ordered  by  the 
board  of  trustees,  said  payments  may  be  by  installments;  and 
if  at  the  end  of  thirty  days,  or  of  the  longer  period  fixed  by 
trustees,  all  of  the  charges,  or  all  of  any  installments  ordered 
by  them,  have  not  been  paid,  the  treasurer  must  return  the  list 
to  the  district  attorney,  who  must  at  once  proceed  by  civil 
action  to  collect  such  charges. 

Executing  work. 

Sec.  15.  The  work  must  be  executed  under  the  direction 
and  in  the  manner  prescribed  by  the  board  of  trustees. 

Aceount  of  expenditures. 

Sec.  16.  The  board  must  keep  accurate  accounts  of  all  ex- 
penditures, which  accounts,  and  all  contracts  that  may  be 
made  by  them,  are  open  to  the  inspection  of  the  board  of  su- 
pervisors, and  every  person  interested. 

Purchases  by  trustees. 

Sec.  17.  The  trustees  may  acquire,  by  purchase,  all  prop- 
erty necessary  to  carry  out  and  maintain  the  system  of  drain- 
age provided  for. 

Eminent  domain. 

Sec.  18.  The  trustees  may  acquire,  by  condemnation,  the 
right  of  way  for  canals,  drains,  embankments,  and  other  works 
necessary,  and  may  take  materials  for  the  construction,  main- 
tenance, and  repair  thereof  from  lands  outside  of  as  well  as 
in  the  limits  of  said  district. 

Same. 

Sec.  19.  The  provisions  of  title  VII,  part  HI,  of  the  Code 
of  Civil  Procedure  are  applicable  to,  and  condemnation  herein 
provided  for  must  be  made  thcreinunder. 

Drainage  by  owners. 

Sec.  20.  Whenever  any  district  susceptible  of  one  mode  of 
drainage,  entirely  owned  by  parties  who  desire  to  drain  the 
same,  and  to  manage  such  drainage  without  the  intervention 
of   trustees   of    Lor];  tne   establishment   of  by-laws,   they   may 


349  DRAINAGE.  Act  0S6,  §§  1.  2 

file  the  petition  provided  for  in  sections  one  and  two,  and 
must  state  therein  that  they  intend  to  undertake  such  drainage 
on  their  own  responsibility.  If  the  petition  is  granted,  the 
owners  of  the  land  have  all  the  rights,  immunities,  and  priv- 
ileges granted  to  boards  of  trustees,  and  in  all  proceedings 
the  names  of  owners  may  be  used  instead  of  the  names  of 
trustees. 

Sec.  21.     This  act  shall  take  effect  upon  its  passage. 

ACT   986. 

An  act  to  promote  the  drainage  of  wet,  swamp  and  overflowed 
lands,  and  to  promote  the  public  health  in  the  communi- 
ties in  which  they  lie. 

[Approved  March  21,  1903.     Stats.  1903,  354.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  ten  or  more  landholders  owning  parts 
of  any  body  of  wet,  swamp  or  overflowed  lands  susceptible  of 
drainage  by  a  ditch  or  drain,  or  a  system  of  ditches  or  drains, 
shall  file  with  the  board  of  supervisors  of  the  county  in  which 
said  lands,  or  a  portion  thereof,  are  situated,  a  petition  for 
the  establishment  of  such  ditch  or  drain,  or  system  of  ditches 
or  drains,  for  the  draining  of  said  body  of  lands,  defining  the 
boundaries  of  such  body  of  lands  and  tne  location  and  courses 
of  such  ditch  or  drain,  or  system  of  ditches  or  drains,  through 
said  body  of  lands,  and  the  lands  through  which  it  or  they 
are  to  pass  to  their  outlets,  and  shall  give  said  supervisors  a 
good  and  sufficient  bond  for  the  payment  of  all  costs  that  may 
accrue  provided  said  petition  shall  not  be  granted,  said  super- 
visors shall,  within  thirty  days  of  the  filing  of  said  petition, 
appoint  a  day  for  the  hearing  of  the  same,  which  shall  not  be 
less  than  fifteen  nor  more  than  forty  days  from  such  appoint- 
ment; and  shall,  also,  cause  to  be  published  in  some  newspaper 
published  and  having  a  general  circulation  in  the  county,  a 
copy  of  said  petition  together  with  a  notice  by  the  clerk  of 
said  board  of  the  time  and  place  set  for  hearing  said  petition; 
said  publication  shall  be  in  a  daily  or  weekly  newspaper  and 
for  at  least  two  weeks  next  preceding  the  time  set  for  said 
hearing. 

Sec.  2.  Said  supervisors  shall  also  direct  the  county  sur- 
veyor to  survey  the  line  or  lines  of  said  proposed  ditch  or 
drain,  or  system  of  ditches  or. drains,  taking  notes  of  the  de- 
scent of  the  land  and  the  character  thereof,  and  report  to  said 
board,  on  or  before  said  day  of  hearing,  the  descent,  if  any, 
between  the  head  and  outlet  of  said  ditch  or  ditches,  together 


Act  &SG,  §§  3-5  DRAINAGE.  S& 

with  a  list  of  intermediate  grades,  the  lands  benefited  by  said 
proposed  ditch  or  ditches,  and  such  other  information  as  may 
come  under  his  notice  upon  the  matter  of  such  proposed  loca- 
tion. Tn  locating  such  ditches  or  drains,  whenever  practicable, 
they  shall  be  located  on  section  or  subdivision  lines,  but  the 
said  surveyor  may,  in  surveying  the  same,  follow  the  lines  of 
location,  described  in  said  petition  or  vary  therefrom  as  he 
may  deem  for  the  greatest  advantage  of  said  lands  and  the 
best  location  of  said  ditch  or  ditches. 

Sec.  3.     Upon  ;hs  hearing  of  said  petition  any  person  inter- 
ested in  the  lands  described  therein,  or  the  community  in  which 
the  same  are  located,   may  appear  and   support  or  oppose  the' 
granting   of   said   petition,   and   witnesses   may   be   sworn   and 
testify  in  reference  thereto. 

Sec.  4.  If  the  supervisors  shall,  on  hearing  the  petition, 
find  that  the  construction  of  the  ditch  or  drain,  or  system 
of  ditches  or  drains,  petitioned  for  (or  as  modified  by  the 
report  of  the  surveyor)  would  be  advisable,  and  beneficial  to 
the  lands  described  in  the  petition,  or  a  smaller  body  lying 
within  the  same,  and  such  body  of  lands  so  to  be  benefited 
constitute  the  lands  of  a  farming  community  or  neighborhood, 
or  that  the  construction  of  said  ditch  or  drain  or  system  of 
ditches  or  drains,  would  be  conducive  to  the  health  of  the  com- 
munity or  neighborhood  in  which  they  lie,  then,  the  supervisors 
shall,  in  their  discretion,  grant  said  petition  for  the  construc- 
tion of  said  ditch  or  drain,  or  system. of  ditches  or  drains,  as 
prayed  for  (or  as  modified  by  the  report  of  the  surveyor)  and 
shall  proceed  to  examine  the  lands  affected  thereby,  and  shall 
direct  the  surveyor  to  survey  the  same  and  set  stakes  every 
hundred  feet,  and  to  make  a  journal  of  the  depth  and  width 
to  be  excavated  at  each  of  said  stakes.  If,  upon  the  hearing, 
the  said  supervisors  shall  find  the  location  of  said  ditch  or 
ditches  (inadvisable,  the  petition  shall  be  denied  and  the  costs 
of  the  proceedings  shall  be  collected  from  the  petitioners  or 
their  bondsmen. 

Sec.  5.  After  having  made  such  examination  of  the  lands 
so  affected  said  supervisors  shall  then  apportion  the  excava- 
tion of  said  ditch  and  the  cost  of  location  (including  the 
cost  of  right  of  way,  when  necessary)  and  superintend- 
ence of  construction  by  the  surveyor,  to  the  lands  affected 
thereby,  according  to  the  benefits  received,  after  giv- 
ing notice  to  the  owners  -of  such  lands  of  the  time 
and  place  of  making  such  apportionment,  and  giving  to 
each  a  hearing.  The  names  of  such  owners  may  be  taken 
from    the    last    assessment    books    of    the    county    wherein 


351  DRAINAGE.  Act  9S6,   §  §  8,  1 

such  lands  are  situate,  and  such  notice  shall  be  in  writing, 
delivered  to  each  landowner  resident  upon  such  land  30 
affected,  or  left  at  his  place  of  residence  with  some  com- 
petent person,  at  least  ten  days  before  the  time  set  for 
said  hearing,  and  to  each  landowner  not  resident  upon 
such  lands  so  affected,  by  depositing  the  same  in  the  post- 
office  directed  to  him  at  his  place  of  residence  or  address, 
at  least  twelve  days  before  said  time  so  set  for  said  hearing, 
and  in  case  the  residence  or  postoffice  address  of  such 
nonresident  be  not  known,  then  by  posting  said  notice  in  a 
prominent  place  on  the  lands  so  affected  and  owned  by 
him,  at  least  twelve  days  before  the  time  set  for  said  hear- 
ing. All  notices  provided  for  'in  this  act  shall  be  given 
by  the  clerk  of  said  board  of  supervisors,  by  and  under 
their  direction  and  authority. 

Sec.  6.  After  having  completed  said  hearing  and  appor- 
tionment, the  board  shall  then  give  notice  in  the  same 
manner  as  provided  in  section  five,  to  all  the  landown- 
ers of  the  part  of  ditch  apportioned  to  them,  as  described 
by  the  stakes  and  their  numbers,  and  of  the  specifications 
of  the  ditch,  and,  also,  of  the  cost  of  location  and  superin- 
tendence of  construction  (and  right  of  way,  when  neces- 
sary) ;  and  said  notice  shall  also  specify  the  time  set 
for  the  completion  of  the  work  and  the  payment  of  the 
cost    of   location,    superintendence    and    right    of    way. 

Sec.  7.  On  the  day  set  for  the  completion  of  the  work, 
or  as  soon  thereafter  as  is  practicable,  the  county  surveyor 
shall  proceed  to  examine  said  ditch  or  ditches,  and  if,  in 
his  opinion,  any  portion  thereof  shall  not  be  completed  ac- 
cording to  the  specifications,  he  shall  report  the  same  to 
the  board  of  supervisors,  who  shall  fix  a  reasonable  time 
within  which  the  same  shall  be  completed,  and  shall  notify 
the  person  to  whom  said  portion  was  apportioned  to  com- 
plete the  same  within  such  time.  If  not  so  completed,  at 
the  expiration  of  the  time  specified  said  board  of  super- 
visors shall  advertise  the  construction  of  the  same  by 
posting  notices  for  two  weeks  in  three  conspicuous  places 
within  the  territory  affected  by  said  ditch.  Upon  the 
time  specified  in  said  notice  said  supervisors  shall  proceed 
to  let  the  same  to  the  lowest  responsible  bidder,  who  shall 
give  such  bonds  as  shall  be  required  by  said  board,  and 
shall  proceed  to  complete  such  works  in  the  time 
agreed  upon.  The  board  shall  report  the  cost  of  such 
work   to   the    county    auditor,   who    shall   cause    the    amount 


Act  9S6,  §  §  S-ll  DRAINAGE.  3i2 

thereof  to  be  entered  on  the  tax  books  of  the  county,  and 
the  same  shall  be  a  tax  upon  said  lands,  which  amount 
shall  be  collected  the  same  as  other  taxes,  and  paid  to  the 
person  performing  such  work.  The  cost  of  location  and 
supervision,  and  right  of  way,  if  not  paid  at  the  time  re- 
quired, shall  also  be  reported  in  like  manner  to  the  county 
auditor  and  collected  as  a  tax  upon  the  lands  affected  and 
paid  to  the  county  treasurer. 

See.  8.  The  county  treasurer  shall  place  such  funds 
to  Hip  credit  of  eaeh  respective  ditch  fund  and  shall  pay 
out  the  same  on  warrants  drawn  by  the  board  of  super- 
visors. The  treasurer  shall  receive,  as  compensation  for 
his  srrvicfs.  one  per  cent  of  all  moneys  by  him  disbursed 
under  this   act. 

See.  9.  The  county  surveyor  shall  superintend  the  con- 
struction of  all  ditches  and  drains  constructed  under  the 
provisions  of  this  act,  and  when  constructed  they  shall 
be  in  charge  of  the  officer  having  charge  and  supervision 
of  the  roads  in  the  district  in  which  they  lie.  The  owners 
of  lands  to  whom  they  have  been  apportioned,  shall  keep 
in  repair  such  ditches  in  accordance  with  the  apportion- 
ment, and  if  not  so  kept  in  repair,  the  board  of  super- 
visors shall  direct  the  same  to  be  done,  and  the  cost  there- 
of shall  be  a  tax  upon  the  land,  to  be  collected  aa  here- 
inbefore provided. 

Sec.  10.  Any  person  causing  an  encroachment  or  ob- 
struction to  any  ditch  or  drain  created  under  the  provis- 
ions of  this  act,  and  failing  to  remove  the  same  for  the 
space  of  twenty-four  hours  after  notice  shall  have  been 
given  to  such  person  Dy  the  road-master,  if  he  can  be  found 
in  the  county,  otherwise  by  posting  by  him  at  or  near 
the  place  of  encroachment  or  obstruction,  may  be  fined 
not  exceeding  two  hundred  dollars,  or  imprisoned  not  more 
than  thirty  days  in  the  county  jail,  or  by  both  such  fine  and 
imprisonment.  The  fines  so  collected  shall  be  placed 
to  the  credit  of  the  district  road  fund  where  such  encroach- 
ment or  obstruction  is  had,  and  proceedings  for  such  of- 
fenses may  be  had  before  any  court  of  competent  jurisdic- 
tion. 

Sec.  11.  The  provisions  of  this  act  shall  not  be  con- 
strued so  as  to  permit  waters  to  be  carried  out  of  their 
natural   course   to   augment  other  streams  or  drains,   to   the 


l:53  DRAINAGE.  Act  9S7,   J  1 

damage  of  the  residents  along  the  banks  of  the  streams  or 
drains    so    augmented. 

Sec.  12.  Whenever  the  board  of  supervisors  cannot  pur- 
chase, at  a  reasonable  price,  or  procure  the  right  of  way, 
or  procure  the  consent  of  all  parties  interested  to  join  or 
connect  with  any  existing  ditches  or  outlets,  the  president 
of  the  board  may  proceed  to  condemn  the  same  under  the 
provisions  of  title  VII,  part  III,  of  the  Code  of  Civil  Pro- 
cedure, and  amendments  thereto,  which  are  now  existing 
or  may  hereafter  be  made. 

jec.  13.  This  act  is  not  intended  to  supersede  or  repeal 
any  other  act  for  the  construction  or  maintenance  of  ditches 
or  for  drainage  purposes,  but  is  intended  as  an  independent 
&ud  alternative  means  of  constructing  such  ditches  where 
most  applicable  or  desirable  to  the  parties  interested. 

Sec.  14.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  987. 

An  act  to  provide  for  the  organization  and  government  of 
drainage  districts,  for  the  drainage  of  agricultural  lands 
other  than  swamp  and  overflowed  lands,  and  to  provide 
for  the  acquisition  or  construction  thereby  of  works  for 
the  drainage  of  the  lands  embraced  within  such  districts. 

[Approved  March   20,   1903.     Stats.   1903,   291.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  fifty  or  a  majority  of  the  holders 
of  title,  or  evidence  of  title  as  herein  provided,  to  agri- 
cultural lands  other  than  swamp  and  overflowed  lands, 
which  are  susceptible  of  one  general  mode  of  drainage  by 
the  same  system  of  works,  desire  to  provide  for  the  drain- 
age of  such  lands,  they  may  propose  the  organization  of  a 
drainage  district  under  the  provisions  of  this  act,  and  when 
so  organized,  such  district  shall  have  the  powers,  rights 
and  duties  conferred,  or  which  may  be  conferred  by  law, 
upon  such  drainage  districts.  The  equalized  county  assess- 
ment-roll next  preceding  the  presentation  of  a  petition  for 
the  organization  of  a  drainage  district  under  the  provisions 
of  this  act,  shall  be  sufficient  evidence  of  title  for  the  pur- 
poses of  this  act;  provided,  that  no  person  who  has  re- 
ceived or  acquired  title  to  land  within  such  proposed  dis- 
Gen.  Laws — J3 


Act  987,  §§  ?,  3  DRAINAGE.  351 

trict  for  the  ,/urpose  of  enabling  him  or  her  to  join  in 
such  petition  or  to  become  an  elector  of  said  district,  Shall 
be  allowed  t>,  sign  such  petition  or  to  vote  at  any  election 
to  be  held  in  such  district  under  the  provisions  of  this 
act.  Such  illegal  signing,  however,  shall  not  Invalidate 
such  petition  when  there  shall  be  found  a  sufficient  number 
of  other   legal   petitioners. 

Sec.  2.  In  order  to  propose  the  organization  of  a  drain- 
ago  district,  n  petition  shall  be  presented  to  the  board  of 
supervisors  of  the  county  in  which  the  lands  within  the 
proposed  district  or  the  greater  portion  thereof,  are  sit- 
uated, signed  by  the  required  number  of  holders  of  title,  or 
evidence  of  title,  to  lands  within  such  proposer!  district* 
which  petition  shall  set  forth  and  particularly  describe 
the  proposed  boundaries  of  such  district,  and  shall  pray 
that  the  same  be  organized  under  the  provisions  of  this 
act.  The  petitioners  must  aeeompany  the  petition  with  a 
pood  and  sufficient  bond,  to  bo  approved  by  the  said  board 
of  supervisors,  in  double  the  amount  of  the  probable  cost 
of  organizing  such  district,  conditioned  that  the  obligors 
will  pay  all  the  costs  in  case  such  an  organization  will  not 
be  effected.  The  petition  shall  be  presented  at  a  regular 
meeting  of  said  board  of  supervisors,  and  shall  have  been 
published  for  at  least  two  weeks  before  such  presentation, 
in  some  newspaper  printed  and  published  in  the  county 
where  the  petition  is  presented,  together  with  a  notice  stat- 
ing the  date  of  the  meeting  of  said  board  at  which  the  pe- 
tition will  be  presented;  and  if  any  portion  of  the  pro- 
posed district  lies  within  another  county,  or  -counties,  then 
said  petition  and  notice  shall  be  likewise  published  in  a 
newspaper  printed  and   published  in   each  of  such   counties. 

Sec.  3.  "When  such  petition  is  presented,  the  board  of 
supervisors  shall  hear  the  same,  and  may  adjourn  such 
hearing  from  time  tc  time  not  exceeding  four  weeks  in  all, 
and  on  the  final  hearing  said  board  shall  make  such 
changes  in  the  proposed  boundaries  as  may  be  deemed 
advisable,  and  shall  define  and  establish  such  boundaries. 
But  said  board  shall  not  modify  said  boundaries  so  as  to 
exclude  from  such  proposed  district  any  territory  which  is 
susceptible  of  drainage  by  the  same  system  of  works 
applicable  to  the  other  lands  in  such  proposed  district;  nov 
shall  any  lands  which  will  not,  in  the  judgment  of  said 
board,  be  benefited  by  drainage,  by  means  of  said  system 
of  works,   be  included   within   such   proposed   district.     Any 


35a  DRAIN  AG2.  Act  987,  §  §  4,  -■) 

person  whose  lands  are  susceptible  of  drainage  by  the  seme 
system  of  works,  may,  upon  his  application,  in  the  dis- 
cretion of  said  board,  have  such  lands  included  within 
said  proposed  district.  Upon  such  hearing  of  said  petition, 
the  board  of  supervisors,  shall  determine  whether  or  not 
said  petition  complies  with  the  requirements  of  sections 
one  and  two  of  this  act,  and  for  that  purpose  must  hear  all 
competent  and  relevant  testimony  offered  in  support  or  in 
opposition  thereto.  Such  determination  shall  be  entered 
upon   the   minutes   of   said   board   of   supervisors. 

Sec.  4.  The  right  of  -appeal  from  said  order  to  the 
superior  court  of  the  county  where  said  petition  is  heard, 
is  hereby  given  to  any  person  interested,  who  is  a  party 
to  the  record;  provided,  that  if  more  than  one  appeal 
be  taken  they  shall  be  consolidated  and  tried  together. 
Such  appeal  shall  be  taken  within  ten  days  after  the  en- 
try of  such  order  upon  the  minutes  of  the  board  of  super- 
visors. The  appeal  shall  be  taken  and  heard  in  the  same 
manner  as  appeals  from  justices'  courts  to  the  superior 
court,  except  as  herein  otherwise  provided.  Upon  the  ap- 
peal, the  superior  court  may  make  and  enter  its  judgment 
affirming,  modifying,  or  reversing  the  order  appealed  from. 
Within  ten  days  thereafter,  the  superior  court  must  cause 
its  remittitur  to  issue  to  said  board  of  supervisors,  and 
if  said  order  of  the  board  of  supervisors  is  modified  or 
reversed,  the  judgment  of  the  superior  court  and  its  re- 
mittitur shall  direct  the  board  of  supervisors  what  order  it 
shall  enter.  Such  remittitur  shall  be  filed  by  the  clerk  of 
the  board  of  supervisors,  and  at  the  first  regular  meeting 
of  the  board  thereafter,  it  shall  cause  to  be  entered  in  its 
minutes  the  order  as  directed  by  said  superior  court.  Th" 
appeal  herein  provided  for  shall  be  heard  and  determined 
within  thirty  days  from  the  time  of  filing  the  notice  of  ap- 
peal. 

Sec.  5.  When,  under  the  provisions  of  the  preceding 
seetions,  the  boundaries  of  the  proposed  district  are  de- 
fined and  established,  said  board  shall  make  an  order 
dividing  said  district  into  three  or  five  divisions,  as  nearlv 
equal  in  size  as  practicable,  which  divisions  shall  be 
numbered  consecutively,  and  one  director  who  shall  be  an 
elector  and  a  resident  freeholder  of  the  division,  shall  be 
elected,  as  hereinafter  provided,  by  each  division;  pro- 
vided, that  when  requested  in  the  petition  three  directors 
who    shall    be    residents,    electors    and    freeholders    of    the 


let  987,  §§6-9  DRAINAGE.  3o« 

district,   shall   be   elected   at   large   by   the   qualified   electors 
of   the   district. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice 
of  an  election  to  be  held  in  such  proposed  district  for 
the  purpose  of  determining  whether  or  not  the  same  shall 
be  organized  under  the  provisions  of  this  act.  Such  notice 
shall  designate  a  name  for  such  proposed  district,  and  de- 
seribe  the  boundaries  thereof  and  the  boundaries  of  the 
precincts  established  therein,  when  more  than  one,  to- 
gether with  a  designation  of  the  polling-place  and  board  of 
election  for  each  precinct;  and  said  notice  shall  be  pub- 
lished for  at  least  three  weeks  previous  to  such  election, 
in  a  newspaper  published  within  the  county  in  which  the 
petition  for  the  organization  of  the  proposed  district  was 
presented;  and  if  any  portion  of  such  proposed  district  is 
within  another  county  or  counties,  then  such  notice  shall 
be  published  for  tLo  same  length  of  time  in  a  newspaper 
published  in  each  of  said  counties.  Such  notice  shall 
require  the  electors  to  cast  ballots,  which  shall  contain 
the  words  "Drainage  District — Yes"  or  "Drainage  District 
— No"  or  words  equivalent  thereto,  and  also  the  names  of 
one  or  more  persons  (according  to  the  divisions  of  the 
proposed  district  as  prayed  for  in  the  petition  and  ordered 
by  the  board)  to  Ik  voted  for  to  fill  the  office  of  director. 
Such  election  shall  be  conducted  as  nearly  as  practicable 
in  accordance  with  the  general  elections  laws  of  the  state 
but  no  particular  form  of  ballot  shall  be  required. 

Sec.  7.  No  person  shall  be  entitled  to  vote  at  any  elec- 
tion held  under  the  provisions  of  this  act  unless  he  pos- 
sesses all  the  qualifications  required  of  electors  under  the 
■general   election   laws  of   the   state. 

Sec.  8.  The  said  board  of  supervisors  shall  on  the  first 
Monday  succeeding  such  election,  if  then  in  session,  or  at 
its  next  succeeding  general  or  special  session  proceed  to 
canvass  the  votes  cast  thereat,  and  if  upon  such  canvass, 
it  appear  that  at  least  two-thirds  of  all  the  votes  cast 
are  "Drainage  District — Yes,"  the  board  shall  by  an  order 
entered  in  its  minutes,  declare  such  territory  duly  organ- 
ized as  a  drainage  district,  under  the  name  theretofore 
designated,  and  shall  declare  the  persons  receiving,  re- 
spectively the  highest  number  of  votes  for  directors  to  be 
duly  elected  to  such  offices. 

Sec.  9.  Said  board  shall  then  cause  a  copy  of  such 
order,   duly  certified,   to   be   immediately   filed   for   record   iu 


357  DRAINAGE.  Act  aS7,  §§  10-12 

the  office  of  the  county  recorder  of  any  county  in  which 
any  portion  of  the  lands  embraced  in  such  district  arc  situ- 
ated, and  must  also  immediately  forward  a  copy  thereof 
to  the  clerk  of  the  board  of  supervisors  of  each  of  said  last 
mentioned  counties  and  no  board  of  supervisors  of  any 
county  in  which  any  portion  of  the  lands  embraced  in  such 
district  are  situated,  shall,  after  the  date  of  the  organiza- 
tion thereof,  allow  another  district  to  be  formed  including 
any  portion  of  said  lands,  without  the  consent  of  the  board 
of  directors  of  the  district  in  which  they  are  situated. 
Prom  and  after  such  filing,  the  organization  of  the  district 
shall  be   complete. 

Sec.  10.  Such  election  on  organization  may  be  contested 
by  any  person  owning  property  within  the  proposed  district 
liable  to  assessment.  The  directors  elected  at  such  elec- 
tion shall  be  made  parties  defendant.  Such  contest  shall 
be  brought  in  the  superior  court  of  the  county  where  the 
petition  for  organization  is  filed;  provided,  that  if  more 
than  one  contest  be  pending  they  shall  be  consolidated  and 
tried  together.  The  court  having  jurisdiction  shall  speedily 
try  such  contest,  and  determine,  upon  the  hearing,  whether 
the  election  was  fairly  conducted  and  in  substantial  com- 
pliance with  the  requirements  of  this  act,  and  enter  its 
judgment  accordingly.  Such  contest  must  be  brought 
within  twenty  days  after  the  canvass  of  the  vote  and  dec- 
laration of  the  result  by  the  board  of  supervisors.  The 
right  of  appeal  is  hereby  given  to  either  party  to  the  record 
within  thirty  days  from  entry  of  judgment.  The  appeal 
must  be  heard  and  determined  by  the  supreme  court  within 
sixty   days   from    the    time    of   filing    the    notice    of    appeal. 

Sec.  11.  The  directors  elected  at  the  election  herein- 
before provided  for  shall  immediately  enter  upon  their 
duties  as  such  upon  qualifying  in  the  manner  herein  pro- 
vided. Said  directors  shall  hold  office  respectively  until 
their  successors  are   elected   and   qualified. 

See.  12.  The  directors  of  any  district  created  after  the 
passage  of  this  act,  on  the  first  Tuesday  after  their  election, 
after  they  shall  have  qualified,  shall  meet  and  classify 
themselves  by  lot  into  two  c. asses,  as  nearly  equal  in  num- 
ber as  possible,  and  the  term  of  office  of  the  class  having 
the  greater  number  shall  expire  at  the  next  general  Feb- 
ruary election  in  this  act  provided  for;  and  the  term  of 
office  of  the  class  having  the  lesser  number  shall  terjuinate 


?,  88  IS,  14  DRAINAGE. 

at  tin  next  general  February  election  thereafter.  After 
such  classification,  said  directors  shall  organize  as  a  board, 
shall  elect  a  president  from  their  number,  and  appoint  a 
secretary,  who  shall  each  hold  office  during  the  pleasure  of 
the  board.  The  salary  of  the  secretary  and  the  amount  of 
the  bond  to  be  given  by  him  for  the  faithful  performance 
of   his   duties   shall    be    fix"'  d    by    the    board    of    directors. 

Sec.  13.  The  board  of  directors  shall  hold  regular  meet- 
ings in  their  office  on  the  first  Tuesday  in  March,  June,  Si  p- 
tember  and  December,  and  such  Special  meetings  as  may 
be  required  for  the  proper  transaction  of  business;  provid- 
ed, that  all  special  meetings  must  be  ordered  by  a  majority 
of  the  board  by  an  order  entered  in  the  minutes  specifying 
the  business  to  be  transacted.  Three  days'  notice  to  any 
member  not  joining  in  the  order  must  be  given  by  the  sec- 
retary, and  only  the  business  specified  in  the  order  must 
be  transacted  at  such  special  meeting.  All  meetings  of  the 
board  must  be  public,  and  a  majority  of  memb<  is  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  A  minute 
of  all  proceedings  of  the  board  shall  be  kept  by  the 
secretary,  and  all  records  of  the  board  shall  be  open  to 
public  inspection  during  business  hours.  The  board  of 
directors  shall,  on  the  first  Tuesday  in  March  of  each  and 
every  year,  render,  and  immediately  thereafter  cause  to 
be  published,  a  verified  statement  of  the  financial  condition 
of  the  district,  showing  particularly  the  receipts  and  dis- 
bursements of  the  last  preceding  year,  together  with  the 
source  of  such  receipts  and  purpose  of  such  disburse- 
ments. Said  publication  shall  be  made  at  least  once  a 
week  for  twTo  weeks,  in  some  paper  published  in  the  county 
where  the  office  of  the  board  of  directors  of  such  district 
is  situated. 

Sec.  14.  The  board  shall  have  the  power  and  it  shall 
be  their  duty,  to  manage  and  conduct  the  business  and  af- 
fairs of  the  district;  make  and  execute  all  necessary  con- 
tracts* to  adopt  a  seal  for  the  district  to  be  used  in  the 
attestation  of  proper  documents*;  provided  for  the  payment) 
from  the  proper  fund,  of  all  the  debts  and  just  claims 
against  the  district;  employ  and  appoint  when  necessary. 
engineers  to  survey,  plan,  locate,  and  estimate  the  cost  of 
the  works  necessary  for  drainage  and  the  land  needed  for 
right  of  way,  including  drains,  canals,  sluices,  water-gates, 
embankments  and  material  for  construction,  and  to  con- 
struct   maintain,  and  keep  in  repair  all  works  necessary  for 


333  DRAINAGE.  Act  987,  $§  15-H 

the  purpose  of  drainage.  The  board  and  its  agents  and 
employees  shall  have  the  right  to  enter  upon  any  land  to 
make  surveys,  and  may  locate  the  necessary  drainage  works 
and  the  line  for  any  canals,  sluices,  water-gates  and  em- 
bankments, and  the  necessary  branches  for  the  same,  on 
any  lands  which  may  be  deemed  best  for  such  location. 
Said  board  shall  also  have  the  right  to  acquire,  hold  and 
possess  either  by  donation,  purchase  or  condemnation,  any 
land  or  other  property,  necessary  for  the  construction,  use, 
maintenance,  repair,  and  improvement  of  any  works  re- 
quired for  the  purpose  of  drainage  as  provided  herein.  The 
board  may  establish  equitable  by-laws,  rules  and  regula- 
tions necessary  or  proper  for  carrying  on  the  business  here- 
in contemplated,  and  generally  may  perform  all  such  acts 
as  shall  be  necessary  to  fully  carry  out  the  purposes  of  this 
act. 

Sec.  15.  The  board  of  directors,  when  they  deem  it  ad- 
visable for  the  best  interests  of  the  district  and  the  con- 
venience of  the  electors  thereof,  may  at  any  time,  but  not 
less  than  60  days  before  an  election  to  be  held  in  the  dis- 
trict, change  the  boundaries  of  the  divisions  and  election 
precincts  of  the  district;  provided,  such  changes  shall  be 
made  to  keep  each  division  as  nearly  equal  in  area  and  pop- 
ulation as  may  be  practicable.  Such  change  of  boundaries 
of  the  division  must  be  shown  on  the  minutes  of  the  board. 

Sec.  16.  In  case  of  condemnation  proceedings,  the  board 
shall  proceed,  in  the  name  of  the  district,  under  the  pro- 
visions of  title  seven,  part  three,  of  the  Code  of  Civil  Pro- 
cedure, which  said  provisions  are  hereby  made  applicable 
for  that  purpose,  and  it  is  hereby  declared  that  the  use  of 
the  property  which  may  be  condemned,  taken,  or  appro- 
priated under  the  provisions  of  this  act,  is  a  public  use, 
subject  to  regulation  and  control  of  the  state  in  the  manner 
prescribed  by  law. 

See.  17.  In  each  district  organized  as  herein  provided, 
an  election  shall  be  held  on  the  first  Wednesday  in  Febru- 
ary, nineteen  hundred  and  five,  and  on  the  first  Wednesday 
of  February  of  each  second  year  thereafter,  at  which  a 
board  of  directors  for  the  district,  as  provided  in  section 
5  of  this  act,  shall  be  elected.  The  person  receiving  the 
highest  number  of  votes  for  the  office  to  be  filled  at  such 
election  is  elected  thereto.  Within  ten  days  after  receiv- 
ing their  respective  certificates  of  election,  each  of  said 
persons  shall  qualify  as  such  by  taking  and  subscribing  the 
official    oath   and    filing   a   bond   as    herein    provided.     Each 


Act  9S7,  §§  18,  19  DRAINAGE.  36C 

director  shall  execute  an  official  bond  in  the  sum  of  one 
thousand  dollars,  which  shall  be  approved  by  the  judge  of 
the  superior  court  of  the  county  where  the  organization  of 
the  district  was  effected  and  shall  be  recorded  in  the  office 
of  the  county  recorder  of  such  county,  and  then,  together 
with  his  official  oath,  filed  with  the  secretary  of  the  board 
of  directors.  All  official  bonds  herein  provided  for  shall 
be  in  the  form  prescribed  by  law  for  the  official  bonds  of 
county  officers.  If  a  vacancy  shall  occur  in  the  office  of 
director  the  same  shall  be  filled  by  appointment  by  the 
supervisors  of  the  county  where  such  district  is  organized. 
A  director  so  appointed  shall  qualify  within  ten  days  after 
receiving  notice  of  his  appointment  as  in  said  act  provided, 
if  he  were  elected  to  such  office  and  he  shall  hold  such 
office  only  until  the  next  regular  election  for  said  district 
and  until   his  successor  is  elected  and   qualified. 

Sec.  18.  On  the  first  Tuesday  in  March  next  following 
the  election,  the  directors  who  shall  have  been  elected  at 
the  general  February  election,  shall  meet  and  organize  as 
a  board,  elect  a  president  and  appoint  a  secretary,  who 
shall  each  hold  office  during  the  pleasure  of  the  board. 
And  the  directors  of  districts  now  organized,  who  shall 
have  been  elected  at  the  general  February  election  of  nine- 
teen hundred  and  five,  shall,  on  the  first  Tuesday  in  March 
next  thereafter,  when  they  meet  to  organize,  first  classify 
themselves  by  lot  into  two  classes  as  nearly  equal  in  num- 
ber as  possible.  And  the  terms  of  office  of  the  class  having 
the  greater  number  shall  be  two  years;  and  the  term  of 
office  of  the  lesser  number  shall  be  four  years.  The  full 
term  of  office  of  directors  is  hereby  fixed  at  four  years. 
The  office  of  the  board  of  directors  of  any  such  district 
may  be  established  by  said  board  of  directors  at  the  county 
seat,  or  at  some  proper  and  convenient  place  within  the 
district,  but  after  the  office  is  once  established  it  shall  not 
be  changed  without  giving  notice  thereof  by  posting  in 
three  public  places  in  the  district  and  by  publishing  a  sim- 
ilar notice  for  thirty  days  in  some  newspaper  of  general 
circulation  published  in  the  county  where  such  district  is 
organized. 

Sec.  19.  Fifteen  days  before  any  election  held  under  this 
act,  subsequent  to  the  organization  of  any  district,  the 
secretary  of  the  board  of  directors  shall  cause  notices  to  be 
posted  in  three  public  places  in  each  election  precinct,  of 
the  time  and  place  of  holding  the  election,  and  shall  also 
post  a  similar  notice  of  the  same  in  a  conspicuous  place  in 
the  office  of  the  said  board,  specifying  the  polling-places  of 


361  DRAINAGE.  Act  987,  §  §  20-  it 

each  precinct,  and  the  names  of  the  members  of  the  boards 
of  election,  for  each  precinct.  Prior  to  the  time  for  post- 
ing such  notices,  the  board  must  appoint  for  each  precinct, 
from  the  electors  thereof,  one  inspector  and  one  judge  and 
one  clerk,  who  shall  constitute  a  board  of  election  for  such 
precinct.  If  the  board  fail  to  appoint  a  board  of  election, 
or  the  members  appointed,  or  any  of  them  do  not  attend 
at  the  opening  of  the  polls  on  the  morning  of  election,  the 
electors  of  the  precinct  present  at  that  hour,  may  appoint 
the  board,  or  supply  the  place  of  an  absent  member  thereof. 
The  board  of  directors  must  in  its  order  appointing  the 
board  of  election,  designate  the  place  within  each  precinct 
where  the  election  must  be  held. 

See.  20.  The  inspector  is  chairman  of  the  election  board, 
and  may  administer  all  oaths  required  in  the  progress  of 
an  election;  and  appoint  judges  and  clerks,  if,  during  the 
progress  of  the  election,  any  judge  or  clerk  cease  to  act, 
Any  member  of  the  board  of  election,  or  any  clerk  thereof, 
may  administer  and  certify  oaths  required  to  be  adminis- 
tered during  the  progress  of  an  election.  The  board  of 
election  for  each  precinct  must,  before  opening  the  polls, 
appoint  two  persons  to  act  as  clerks  of  the  election.'  Be- 
fore opening  the  polls,  each  member  of  the  board  and  each 
clerk  must  take  and  subscribe  an  oath  to  faithfully  per- 
form the  duties  imposed  upon  them  by  law.  Any  elector 
of  the  precinct  may  administer  and  certify  such  oath.  The 
polls  must  be  open  at  9:00  o'clock  A.  M.,  and  be  kept  open 
until  4:00  P.  M.,  when  the  same  must  be  closed.  The  pro- 
visions of  the  general  election  laws  concerning  the  form  of 
ballots  to  be  used  shall  not  apply  to  elections  held  under 
this  act. 

See.  21.  Voting  may  commence  as  soon  as  the  polls  are 
opened,  and  may  be  continued  during  all  the  time  the  polls 
remain  opened,  and  shall  be  conducted,  as  nea.rly  as  prac- 
ticable, in  accordance  with  the  provisions  of  the  general 
election  laws  in  this  state. 

Sec.  22.  As  soon  as  all  the  votes  are  read  off  and  counted, 
a  certificate  shall  be  drawn  up  on  each  of  the  papers  con- 
taining the  poll  list  and  tallies,  or  attached  thereto,  stat- 
ing the  number  of  votes  each  one  voted  for  has  received, 
and  designating  the  office  to  fill  which  he  was  voted  for, 
which  number  shall  be  written  in  figures  and  in  words  at 
full  length.  Each  certificate  shall  be  signed  by  the  clerk, 
judge  and  the  inspector.  Oae  of  said  certificates  with  the 
poll  list  and  the   tally  paper  to  which  it  is  attached,  shall 


Act  987,    §§   23,    24.  DRAINAGE.  86a 

bf  retained  by  the  inspector,  and  preserved  by  him  at  least 
six  months.  The  ballots  shall  be  strung  upon  a  cord  or 
thread  by  the  inspector,  during  the  counting  thereof,  in 
the  order  in  which  they  are  entered  upon  the  tally  list  by 
the  clerks;  and  said  ballots  together  with  the  other  of  said 
certificates,  with  the  poll  list  and  tally  paper  to  which  it 
is  attached,  shall  be  sealed  by  the  inspector  in  the  pres- 
ence of  the  judges  and  clerks,  and  indorsed  "Election  re- 
turns of  (naming  the  precinct)  precinct"  and  be  directed 
to  the  secretary  of  the  board  of  directors  and  shall  be  im- 
mediately delivered  by  the  inspector,  or  by  some  other  safe 
and  responsible  carrier  designated  by  said  inspector,  to 
said  secretary,  and  the  ballots  shall  be  kept  unopened  for 
at  least  six  months,  and  if  any  person  be  of  the  opinion 
that  the  vote  of  any  precinct  has  not  been  correctly 
counted,  he  may  appear  on  the  day  appointed  for  the  board 
of  directors  to  open  and  canvass  the  returns  and  demand  a 
recount  of  the  vote  of  the  precinct  that  is  so  claimed  to 
have  been  incorrectly  counted. 

Sec.  23.  No  list,  tally  paper,  or  certificate  from  any 
election,  shall  be  set  aside  or  rejected  for  want  of  form 
if  it  can  be  satisfactorily  understood.  The  board  of  direct- 
ors must  meet  at  its  usual  place  of  meeting  on  the  first 
Monday  after  each  election  to  canvass  the  re  tarns.  If,  at 
the  time  of  meeting,  the  returns  from  each  precinct  in  the 
district  in  which  the  polls  were  opened  have  been  re- 
ceived, the  board  of  directors  must  then  and  there  proceed 
to  canvass  the  returns;  but  if  all  the  returns  have  not  been 
received,  the  canvass  must  be  postponed  from  day  to  day 
until  the  returns  have  been  received,  or  until  six  post- 
ponements have  been  had.  The  canvass  must  be  made  in 
public  and  by  opening  the  returns  and  estimating  the  vote 
of  the  district  for  each  person  voted  for  and  declaring  the 
result    thereof. 

Sec.  24.  The  secretary  of  the  board  of  directors,  must, 
as  soon  as  the  result  is  declared,  enter  in  the  records  of 
such  board,  a  statement  of  such  result,  which  statement 
must  show;  (a)  the  whole  number  of  votes  cast  in  the  dis- 
trict and  in  each  precinct  thereof  if  there  be  more  than 
one    precinct;     (b)     the    names    of    the    persons   voted   for; 

(c)  the    office    to    fill    which    each     person   wis  voted    for; 

(d)  the  number  of  votes  given  in  each  precinct  to  each  of 
such  person-*;  (e)  the  number  of  votes  given  in  each  divi- 
sion for  the  office  of  director.  The  board  of  directors  must 
declare    elected    the    persons    having   the   highest   number 


363  DRAINAGE.  Act  987,  §§  25-2/ 

votes  given  for  each  office.  The  secretary  must  immediate- 
ly make  out  and  deliver  to  such  person  a  certificate  of 
election,  signed  by  him,  and  authenticated  with  the  seal  of 
the  board. 

See.  25.  In  any  district  the  board  of  directors  thereof 
may,  upon  the  presentation  of  a  petition  therefor,  by  a 
majority  of  the  holders  of  title,  or  evidence  of  title,  of  said 
district,  evidenced  as  above  provided,  order  that  on  and 
after  the  next  ensuing  general  election  for  the  district, 
there  shall  be  either  three  or  five  directors,  as  said  board 
may  order,  and  they  shall  be  elected,  by  the  district  at 
large,  or  by  divisions,  as  so  petitioned  and  ordered;  and 
after  such  order  such  directors  shall  be  so  elected. 

Sec.  26.  The  legal  title  to  all  property  acquired  under 
the  provisions  of  this  act  shall  immediately  and  by  opera- 
tion of  law  vest  in  such  drainage  district,  and  shall  be  held 
by  such  district  in  trust  for  and  is  hereby  dedicated  and  set 
apart  to  the  uses  and  purposes  set  forth  in  this  act.  And 
said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy,  and  possess  said  property  as 
herein  provided.  The  said  board  is  hereby  authorized  and 
empowered  to  take  conveyances  or  other  assurances  for 
all  property  acquired  by  it  under  the  provisions  of  this 
act,  in  the  name  of  such  drainage  district,  to  and  for  the 
uses  and  purposes  heroin  expressed,  and  to  institute  and 
maintain  any  and  all  actions  and  proceedings,  suits  at  law 
or  in  equity,  necessary  or  proper  in  order  to  fully  carry  out 
the  provisions  of  this  act,  or  to  enforce,  maintain,  protect, 
or  preserve  any  and  all  rights,  privileges  and  immunities 
created  by  this  act,  or  acquired  in  pursuance  thereof. 
And  in  all  courts,  actions,  suit*),  or  proceedings,  the  said 
board  may  sue,  appear,  and  defend  in  person  or  by  at- 
torneys, and  in  the  name  of  such  drainage   district. 

Sec.  27.  For  the  purpose  of  constructing  necessary  con- 
duits, drains,  sluices,  water-gates,  embankments  and  all 
works  necessary  for  the  purpose  of  drainage,  and  acquiring 
the  necessary  property  and  rights  therefor,  and  otherwise 
carrying  out  the  provisions  of  this  act,  the  board  of  direc- 
tors of  any  such  district  must,  as  soon  after  such  district 
has  been  organized  as  may  be  practicable,  and  also  when- 
ever thereafter  the  construction  fund  has  been  exhausted 
by  expenditures  as  herein  authorized  therefrom,  and  it  is 
necessary   to   raise   additional   money   for  said   purposes,   es- 


Act  987,  §  28  DRAINAGE.  S64 

timatc  and  determine  the  amount  of  money  necessary  to 
be  raised.  And  thereafter  said  board  shall  immediately 
call  a  special  election,  at  which  shall  be  submitted  to  the 
electors  of  such  district  the  question  whether  or  not  the 
bonds  of  said  district  shall  be  issued  in  the  anunmt  so  de- 
termined. Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in 
said  district  for  at  least  twenty-days,  and  also  by  publica- 
tion of  such  notice  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  of  such 
district  is  required  to  be  kept,  once  a  week  for  at  least 
three  successive  weeks.  Such  notices  must  specify  the 
time  of  holding  the  election,  the  amount  of  bonds  proposed 
to  be  issued;  and  said  election  must  be  held  and  the  re- 
sult thereof  determined  and  declared  in  all  respects  as 
nearly  as  practicable  in  conformity  with  the  provisions  of 
this  act  governing  the  election  of  officers;  provided,  that 
no  informalities  in  conducting  such  an  election  shall  invali- 
date the  same,  if  the  election  shall  have  been  otherwise 
fairly  conducted.  At  such  election  the  ballots  shall  contain 
the  words  "Bonds — Yes"  or  "Bonds — No,"  or  words  equiva- 
lent thereto.  If  a  majority  of  the  votes  cast  are  "Bonds — 
Yes,'*  the  board  of  directors  shall  cause  bonds  in  said 
amount  to  be  issued;  if  a  majority  of  the  votes  cast  at  any 
bond  election  are  "Bonds — No,"  the  result  of  such  election 
shall  be  so  declared  and  entered  of  record.  "Whenever 
t  Inn  after,  a  petition  of  the  character  hereinbefore  pro- 
vided for  in  this  section,  is  presented  to  the  board,  it  shall 
so  declare  of  record  in  its  minutes,  and  shall  thereupon  sub- 
mit such  questions  to  said  electors  in  the  same  manner  and 
with  like  effect  as  at  such  previous  election. 

Sec.  28.  All  bonds  issued  under  the  provisions  of  this 
act  shall  be  payable  in  gold  coin  of  the  United  States,  in 
ten  series  as  follows,  to  wit:  On  the  first  day  of  January 
after  the  expiration  of  eleven  years,  five  per  cent  of  the 
whole  number  of  said  bonds;  on  the  first  day  of  January, 
after  the  expiration  of  seventeen  years,  eleven  per  cent; 
first  day  of  January  after  the  expiration  of  thirteen  years, 
seven  per  cent;  on  the  first  day  of  January  after  the  ex- 
piration of  fourteen  years,  eight  per  cent;  on  the  first  day 
of  January  after  the  expiration  of  fifteen  years,  nine 
per  cent;  on  the  first  day  of  January  after  the  expiration 
of  sixteen  years,  ten  per  cent;  on  the  first  day  of  January 
after  the  expiration  of  seventeen  years,  eleven  per  cent; 
on  the  first  day  of  January  after  the  expiration  of  eighteen 


S63  DRAINAGE.  Act  S87,  J  28 

years,  thirteen  per  cent;  on  the  first  day  of  January  after 
the  expiration  of  nineteen  years,  fifteen  per  cent;  and  on 
the  first  day  of  .January  after  the  expiration  of  twenty 
years,  sixteen  per  cent;  that  the  several  enumerated  per- 
centages being  of  the  entire  amount  of  the  bond  issue,  but 
each  bond  must  be  made  payable  at  a  given  time  for  its  en- 
tire amount  and  not  for  a  percentage.  Said  bonds  shall 
bear  interest  at  the  rate  of  five  per  cent  per  annum, 
i  .yable  semi-annually,  on  the  first  day  of  January  and  July 
of  each  year.  The  principal  and  interest  shall  be  payable 
at  the  place  designated  therein.  Said  bonds  shall  be  each 
of  the  denomination  of  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars;  shall  be  negotiable  in 
form,  signed  by  the  president  and  secretary,  and  the  seal 
of  the  board  of  directors  shall  be  affixed  and  the  bonds  of 
each  issue  shall  be  numbered  consecutively,  and  bear  date 
at  the  time  of  their  issue.  Coupons  for  the  interest  shall 
be  attached  to  each  bond,  signed  by  the  secretary.  Said 
bonds  shall  express  on  their  face  that  they  were  signed 
by  authority  of  this  act,  stating  its  title  and  date  of  ap- 
proval, and  shall  also  so  state  the  number  of  the  issue  of 
which  such  bonds  are  a  part.  The  secretary  shall  keep 
a  record  of  the  bonds  sold,  their  number,  the  date  of  sale, 
the  price  received,  and  the  name  of  the  purchaser. 

Sec.  29.  The  board  may  sell  said  bonds  from  time  to 
time  in  such  quantities  as  may  be  necessary  and  most  ad- 
vantageous, to  raise  money  for  the  construction  of  said 
drains  and  works,  the  acquisition  of  said  property  and 
rights,  and  otherwise  to  full  carry  out  the  objects  and 
purposes  of  this  act.  Before  making  any  sale  the  board 
shall,  at  a  meeting,  by  resolution,  declare  its  intention  to 
sell  a  specified  amount  of  the  bonds,  and  the  day  and  hour 
and  place  of  such  sale,  and  shall  cause  such  resolution 
to  be  entered  in  the  minutes,  and  notice  of  the  sale  to  be 
given,  by  publication  uiercof  at  least  three  weeks  in  some 
newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  is  located,  and  in  any  other  newspaper, 
at  its  discretion.  The  notice  shall  state  that  sealed  pro- 
posals will  .  received  by  the  board  at  their  office,  for  the 
purchase  of  bonds,  till  the  day  and  hour  named  in  the 
resolution.  At  the  time  appointed  the  board  shall  open 
the  proposals,  and  award  the  purchase  of  the  bonds  to  the 
highest  responsible  oidder;  provided,  however,  that  they 
may    reject    all    bids.     Said    board    shall    in    no    event    sell 


\d  9S7,  §|  30,  31 


DRAINAGE. 


any     of     the     said     bonds     for    less     than     the     par    value 
thereof. 

See.  30.  Any  bonds  issued'  under  the  provisions  of  this 
act,  shall  be  a  lien  upon  th^  property  of  the  district  and 
the  lien  for  the  bonds  of  any  issue  shall  be  a  preferred 
lien  to  that  for  any  subsequent  issue.  Said  bonds, 'and  the 
interest  thereon,  shall  be  paid  by  revenue  derived  from 
an  annual  assessment  upon  the  real  property  of  the  dis- 
trict; and  all  the  real  property  in  the  district  shall  be  and 
remain  liable  to  be  assessed  for  such  payments  as  here- 
inafter    provide. 

*  Sec.  31.  In  ease  the  money  raised  by  the  sale  of  bonds 
issued  be  insufficient  or  in  case  the  bonds  be  unavailable 
for  the  completion  of  the  plan  of  drainage  and  works 
adopted,  and  additional  bonds  be  not  voted,  it  shall  bo 
the  duty  of  the  board  of  directors  to  provide  for  the  com- 
pletion of  said  plan  by  levy  of  assessments  therefor;  pro- 
vided, however,  that  such  levy  of  assessments  shall  not 
be  made  except  first  an  estimate  of  the  amount  required 
for  such  purposes  has  been  made  by  said  board,  and  the 
question  as  to  the  making  of  said  levy  submitted  to  a  vote 
of  the  electors  of  the  district.  Before  such  question  is 
submitted,  the  order  of  submission  shall  be  entered  in  the 
minutes  of  the  board,  stating  the  amount  to  be  levied  and 
the  purpose  therefore,  and  if  submitted  at  a  special  election 
said  order  shall,  in  addition,  fix  the  day  of  election.  Notice 
of  such  election  must  be  given  by  posting  notices  in  three 
public  places  in  each  election  precinct  in  said  district  for 
at  least  twenty  days,  and  also  by  publication  of  such  no- 
tice in  some  newspaper  published  in  the  county  where 
the  office  of  the  board  of  directors  of  such  district  is  re- 
quired to  be  kept,  once  a  week  for  at  least  three  successive 
weeks.  Such  notices  must  specify  the  time  of  holding  the 
election,  and  the  amount  of  assessment  proposed  to  be 
levied.  Said  election  must  be  held  and  the  result  thereof 
determined  and  declared  in  all  respects  as  nearly  as  prac- 
ticable in  conformity  with  the  provisions  of  this  act  govern- 
ing the  election  of  officers;  provided,  that  no  informalities 
in  conducting  such  an  election  shall  invalidate  the  same, 
if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  "As- 
sessment— Yes,"  or  "Assessment — No,"  or  words  equiva- 
lent thereto.  If  a  majority  of  the  votes  cast  are  "Assess- 
ment— Yes,"   the   board  of  directors    shall    proceed    in    the 


367  DRAINAGE.  Act  9S7,  §§  32-34 

manner  prescribed  in  sections  40-43  herein  provirled  for  rais- 
ing funds  for  the  annual  requirements;  if  a  majority  of  the 
votes  cast  are  "Assessment — No,"  the  result  of  such  elec- 
tion shall  be  so  declared  and  entered  of  record. 

Sec.  32.  Whenever  a  district  organized  under  the  pro- 
visions of  this  act,  has  outstanding  bonds,  coupons,  or  other 
evidences  of  indebtedness,  the  payment  thereof  may  be  pro- 
vided for  by  the  issuance  of  new  bonds,  in  the  manner  here- 
inafter prescribed. 

Sec.  33.  In  order  to  propose  the  funding  of  such  bonds, 
coupons,  or  other  evidences  of  indebtedness  a  petition  shall 
be  presented  to  the  board  of  directors  of  such  drainage 
district,  signed  by  a  majority  in  number  of  holders  of 
title  or  evidences  of  title  to  real  property  in  such  dis- 
trict, which  petition  shall  set  forth  the  amount  of  bonds, 
coupons,  or  other  evidences  of  indebtedness  proposed  to 
be  funded,  together  with  a  general  description  of  same,  also 
the  total  amount  of  the  bonds  sought  to  be  issued  (pro- 
vided, that  said  amount  shall  in  no  case  be  greater  than  the 
total  amount  of  bonds,  coupons,  and  other  evidences  of  in- 
debtedness than  outstanding  and  sought  to  have  funded), 
together  with  a  full  and  complete  statement  of  the  purposes 
for  which  such  bonds  are  to  be  used.  On  presentation  of 
such  petition,  the  same  shall  be  entered  in  full  on  the  min- 
utes of  the  board. 

Sec.  34.  Immediately  after  the  recording  of  said  peti- 
tion, the  board  shall  call  a  special  election,  at  which  shall 
be  submitted  to  the  electors  of  such  district  the  question 
whether  or  not  the  bonds  of  such  district  in  the  amount 
sot  forth  in  said  petition  shall  be  issued.  Notice  of  such 
election  must  be  given  by  posting  notices  in  three  public 
places  in  each  election  precinct  in  said  district  for  at 
vi-iity  days,  and  also  by  publication  of  such  notice 
in  some  newspaper  published  in  the  county  whore  the 
ofiirr  of  tin'  board  of  directors  of  such  district  is  required 
to  be  kept,  once  a  week  for  at  least  three  successive  wteks 
before  such  election.  Such  notice  must  specify  the  time 
of  holding  the  election,  the  amount  of  bonds  proposed  to  be 
issm  d,  the  amount  of  bonds,  coupons  or  other  evidences 
of  indebtedness  proposed  to  be  funded,  (iogi  ther  with  a  gen- 
eral description  of  the  same.  Said  election  shall  be  held 
and  the  result  thereof  determined  and  declared  in  all  re- 
spects as  nearly  as  practicable  in  conformity  with  the  pro- 
visions governing  the  election  of  officers;    provided,  that  no 


Art  987.   §§  35-37  DRAINAGE.  SOi 

informalities  in  conducting  such  an  election  shall  invali- 
date the  same,  if  the  election  sh:>ll  have  been  otherwise 
fairly  conducted.  At  such  election,  the  ballots  shall  con- 
tain the  words  "Bonds — Tea"  or  "Bonds — No"  or  words 
equivalent  thereto.  Tf  two  thirds  of  the  votes  cast  are 
"Bonds — Yes"  the  board  of  directors  shall  cause  bonds  in 
said  amount  to  be  Issued.  Tf  more  than  one  third  of  the 
votes  cast  at  such  (led  ion  are  "Bonds — No,"  the  result  of 
such  election  shall  be  so  declared.  The  result  in  either  case 
shall  be  duly  entered  of  record. 

Sec.  35.  If  said  bonds  are  directed  to  be  issued  as  herein 
provided  for,  the  board  of  directors  shall  cause  the  same 
to  be  issued.  Said  bonds  shall  be  made  payable  in  gold 
coin  of  the  United  States,  in  twenty  series,  as  follows,  to 
wit:  On  the  first  day  of  January  after  the  expiration  of 
twenty  years,  five  per  cent  of  the  whole  amount  of  said 
bonds,  and  on  the  first  day  of  January  of  each  year  there- 
after, an  equal  amount  of  such  bonds  until  all  shall  have 
been  finally  paid;  that  is,  five  per  cent  of  the  whole  issue 
of  bonds — not  five  per  cent  of  each  bond,  each  being 
wholly  payable  when  due.  Said  bonds  shall  bear  interest  at 
the  rate  of  five  per  cent  per  annum,  payable  semi-annually 
on  the  first  day  of  January  and  July  of  each  year.  They 
shall  be  negotiable  in  form,  and  shall  be  of  denominations  of 
not  less  than  $100  nor  more  than  $500.  Said  bonds  shall 
in  all  respects  conform  to  the  form  of  bonds  prescribed  here- 
inbefore. 

Sec.  36.  It  shall  be  unlawful  to  sell  or  exchange  any  of 
the  bonds  as  herein  provided  for  less  than  their  par  value. 

Sec.  37.  When  bonds  issued  under  section  35  of  this  act 
shall  be  duly  executed,  they  shall  be  deposited  with  the 
treasurer  of  the  county  wherein  the  district  was  organized, 
who  is  hereby  authorized  and  charged  with  the  duty  of 
receiving  the  same,  and  his  receipt  shall  be  taken  therefor, 
and  he  shall  be  charged  with  the  same  on  his  official  bond, 
and  shall  have  no  power  to  deliver  the  same  in  exchange 
for  any  bonds  or  indebtedness  proposed  to  be  funded  until 
the  bonds  or  evidence  of  indebtedness  proposed  to  be 
funded  shall  have  been  surrendered  to  him,  and  he  shall  have 
been  ordered  by  the  board  of  directors  of  the  district,  by  an 
order  duly  entered  on  their  records  to  make  such  delivery. 
When  such  bonds  have  been  exchanged  for  other  bonds, 
coupons,  or  other  evidences  of  indebtedness,  the  said  treas- 
urer shall  at  once  cancel  such  other  bonds,  coupons,  or  other 


369  DRAINAGE.  Act  987,  §§  3S-10 

evidences  of  indebtedness  by  writing  across  the  face  thereof 
"Canceled"  and  the  date  of  cancellation,  and  report  the 
same  with  his  next  regular  report  hereinafter  provided  for  to 
the  board  of  directors  of  the  district  designating  the  bond, 
coupon,  or  other  evidence  of  indebtedness,  so  that  it  can  be 
identified,  the  date  of  cancellation,  and  the  person  from 
whom  it  was  received,  together  with  the  amount  paid  there- 
for, or  the  terms  of  exchange,  in  case  there  is  an  exchange. 

Sec.  38.  When  said  bonds  are  issued  for  the  purpose  of 
sale  to  the  highest  bidder,  the  board  may  sell  said  bonds 
from  time  to  time,  in  such  quantities  as  may  be  necessary 
and  most  advantageous,  to  raise  money  to  pay  bonds,  cou- 
pons, or  other  evidences  of  indebtedness  of  the  district 
which  were  outstanding  at  the  time  of  the  filing  of  said 
petition,  and  generally  described  therein.  .Resolution  of 
intention  must  be  "declared,  and  notice  given,  and  the  saJe 
conducted  in  the  manner  prescribed  in  section  29  of  this  act 
for  the  sale  of  original  bonds.  Said  bonds  shall  in  no  event 
be  sold  for  less  than  their  par  value  including  accrued  in- 
terest. All  moneys  realized  from  the  sale  of  bonds,,  issued 
under  the  provisions  of  this  section,  shall  be  paid  into  the 
hands  of  the  said  treasurer,  and  by  him  kept  in  a  separate 
fund,  known  as  the  funding  fund,  and  shall  be  applied  ex- 
clusively to  the  payment  of  bonds,  coupons,  or  other  evi- 
dences of  indebtedness  of  the  district  outstanding  at  the  time 
of  filing  of  the  said  petition,  and  described  therein. 

Sec.  39.  The  bonds  issued  as  herein  provided  for  may  be 
exchanged,  at  not  less  than  their  par  value,  including  accrued 
interest,  for  any  of  the  indebtedness  set  out  and  described  in 
the  notice  of  the  election  authorizing  the  issuance  of  said  re- 
funding bond.  A*  contract  for  such  exchange  may  be  made 
by  the  board  of  directors  upon  such  terms  as  said  board  may 
deem  advisable;  provided,  that  they  must  receive  not  less 
than  par  value  for  the  bonds  so  exchanged. 

Sec.  40.  The  board  of  directors  must,  on  or  before  the 
first  meeting  of  the  board  of  supervisors  in  September  of 
each  year,  furnish  the  supervisors  and  the  auditor  of  the 
county  wherein  the  district  is  situated,  or  if  such  district 
is  not  entirely  within  one  county,  then  as  hereinafter  pro- 
vided, to  the  supervisors  and  auditors  of  each  county  in 
which  any  portion  of  the  district  is  situated,  an  estimate 
in  writing  of  the  amount  of  money  needed  for  the  purposes 
of  the  district  for  the  ensuing  fiscal  year.  This  amount 
must  be  sufficient  to  raise  the  annual  interest  on  the  out- 
Gen.  Laws — 24 


Act  987,  §§  41-45  DRAINAGE.  370 

standing  bondu,  to  pay  the  estimated  cost  of  repairs,  the 
incidental  expenses  of  the  district,  and  in  any  year  in  which 
any  bonds  shall  fall  due,  an  amount  sufficient  to  pay  the 
principal  of  the  outstanding  bonds  as  they  mature. 

Sec.  41.  If  such  district  is  in  more  than  one  county  the 
total  estimate  as  provided  for  in  the  preceding  section  shall 
be  divided  by  the  board  of  directors  in  proportion  to  value 
of  the  real  property  of  the  district  in  each  county.  This 
value  must  be  determined  from  the  equalized  values  of  the 
last  assessment  rolls  of  such  counties.  When  such  division 
of  the  estimate  has  been  made,  the  board  shall  furnish  the 
supervisors  and  auditors  of  the  respective  counties  a  written 
statement  of  that  part  of  the  estimate  apportioned  to  that 
county. 

Sec.  42.  The  board  of  supervisors  of  each  county 
wherein  is  situated  a  district  or  any  part  thereof  organ- 
ized under  the  provisions  of  this  act,  must,  annually,  at  the 
time  of  levying  county  taxes,  levy  a  tax  to  be  known  as  the 

" (name  of  district)    drainage  district  tax,"  sufficient 

to  raise  an  amount  reported  to.  them  as  herein  provided,  by 
the  board  of  directors.  The  supervisors  must  determine  the 
rate  of  such  tax  by  deducting  fifteen  per  cent  for  anticipated 
delinquencies  from  the  total  assessed  value  of  the  real  property 
of  the  district  within  the  county  as  it  appears  on  the  assess- 
ment roll  of  the  county,  and  then  dividing  the  sum  reported 
by  the  board  of  directors  as  required  to  be  raised  by  the  re- 
mainder of  such  total  assessed  value. 

Sec.  43.  The  tax  so  levied  shall  be  computed  and  entered 
on  the  assessment  roll  by  the  county  auditor,  and  if  the  su- 
pervisors fail  to  levy  the  tax  as  provided  in  the  preceding 
section,  then  the  auditor  must  do  so.  Such  tax  shall  be  col- 
lected at  the  same  time  and  in  the  same  manner  as  state  and 
county  taxes,  and  when  collected  shall  be  paid  into  the  county 
treasury  for  the  use  of  said  district. 

See.  44.  The  provisions  of  the  Political  Code  of  this  state 
prescribing  the  manner  of  levying  and  collecting  taxes  and 
the  duties  of  the  several  county  officers  with  respect  thereto, 
are,  so  far  as  they  are  applicable  and  not  in  conflict  with  the 
specific  provisions  of  this  act,  hereby  adopted  and  made 
a  part  hereof.  Such  officers  shall  be  liable  upon  their  several 
official  bonds  for  the  faithful  discharge  of  the  duties  imposed 
upon  them  by  this  act. 

Sec.  45.  If  the  district  is  in  more  than  one  county,  the 
treasury    of    the    county    wherein    the    district    was    organized 


371  DRAINAGE.  Act  987,  §  §  46-4« 

shall  be  the  repository  of  all  the  funds  of  the  district.  For 
this  purpose  the  treasurers  of  any  other  counties  wherein  is 
situated  a  portion  of  said  district,  must,  at  any  time,  not 
oftener  than  twice  each  year,  upon  the  order  of  the  board  of 
directors,  settle  with  said  board  and  pay  over  to  the  treasurer 
of  the  county  where  the  district  was  organized,  all  moneys 
in  their  possession  belonging  to  the  district.  Said  last-named 
treasurer  is  authorized  and  required  to  receive  and  receipt  for 
the  same,  and  to  place  the  same  to  the  credit  of  the  district. 
He  shall  be  responsible  upon  his  official  bond  for  the  safe- 
keeping and  disbursement,  in  the  manner  herein  provided,  of 
these   and  all   other  moneys   of   the   district   held  by  him. 

Sec.  46.  The  following  funds  are  hereby  create!  and  es- 
tablished, to  which  the  moneys  properly  belonging  shall  be 
apportioned  by  the  treasurer,  to  wit :  Bond  fund,  construction 
fund,  general  fund,  funding  fund. 

Sec.  47.  The  treasurer  shall  pay  out  of  the  same  only  upon 
warrants  of  the  board  of  directors,  signed  by  the  president 
and  attested  by  the  secretary.  The  treasurer  shall  report  in 
writing  at  each  regular  meeting  of  the  board  of  directors  and 
as  often  thereafter  as  requested  by  the  board,  the  amount 
of  money  in  the  fund,  the  amount  of  reeeip's  since  his  Inst 
report,  and  the  amount  paid  out;  such  reports  shall  be  veri- 
fied and  filed  with  the  secretary  of  the  board. 

Sec.  48.  Upon  the  presentation  of  tht  coupons  due,  to 
the  treasurer,  he  shall  pay  the  same  from  the  bond  fund. 
Whenever  said  fund  shall  amount  to  the  sum  of  ten  thousand 
dollars  in  excess  of  an  amount  sufficient  to  meet  the  interest 
coupons  due,  the  board  of  directors  may  direct  the  treasurer 
to  pay  such  an  amount  of  said  bonds  not  due  as  the  money  in 
said  fund  will  redeem,  at  the  lowest  value  at  which  they  may 
be  offered  for  liquidation,  after  advertising  in  the  manner 
hereinbefore  provided  for  the  sale  of  bonds,  for  sealed  pro- 
posals for  the  redemption  of  said  bonds.  Said  proposals  shall 
be  opened  by  the  board  in  open  meeting,  at  a  time  to  be 
named  in  the  notice,  and  the  lowest  bid  for  said  bonds  must  be 
accepted;  provided,  that  no  bond  shall  be  redeemed  at  a  rate 
above  par.  In  case  the  bids  are  equal,  the  lowest  numbered 
bond  shall  have  the  preference.  In  case  none  of  the  holders  of 
said  bonds  shall  desire  to  have  the  same  redeemed,  as  herein 
provided  for,  said  money  shall  be  invested  by  fchi  treasurer, 
under  the  direction  of  the  board,  in  United  States  bonds,  or 
the  bonds  of  the  state,  which  shall  be  kept  in  said  "bond 
1'nnd"  and  may  be  used  to  redeem  said  district  bonds  when- 
ever the  holders  thereof  may  desire. 


Act  987,  §§  40-52  DRAINAGE.  371 

Sec.  49.  After  adopting  a  plan  for  such  conduits,  drains, 
pumping  plants,  water  gates  and  other  works,  as  in  this  act 
provided  for,  the  board  of  directors  shall  irive  notice  by  pub- 
lication thereof  not  li  *s  than  twenty  days  in  one  newspaper 
published  in  each  of  the  counties  composing  the  district  (pro- 
vided, a  newspaper  is  published  therein)  and  in  such  other 
newspapers  as  tiny  may  deem  advisable,  calling  for  bids  for 
the  construction  of  sue  work,  or  of  any  portion  thereof;  if  less 
than  the  whole  work  is  advertised,  then  the  portion  so  adver- 
tised must  be  particularly  described  in  such  notice.  Said  no- 
tice shall  set  forth  that  plans  and  specifications  can  be  seen 
at  the  office  of  the  board,  and  that  the  board  will  receive  sealed 
proposals  therefor,  and  that  the  contract  will  be  let  to  the 
lowest  responsible  bidder,  stating  the  time  and  place  for  open- 
ing said  proposals,  which,  at  the  time  and  place  appointed 
shall  be  opened  in  public:  and  as  soon  as  convenient  thereaf- 
ter the  board  shall  let  said  work,  whether  in  portions  or  as 
a  win ile.  to  the  lowest  responsible  bidder;  or  they  may  reject 
any  or  all  bids  and  readvertise  for  proposals,  or  may  proceed 
to  construct  the  work  under  their  own  superintendence.  Con- 
tracts for  the  purchase  of  material  shall  be  awarded  to  the 
low.  -lie  bidder.     Any   person  or  persons  to  whom  a 

contract,  may  be  awarded  shall  enter  into  a  bond,  with  good 
and  sufficient  sureties,  to  be  approved  by  the  board,  payable 
tn  said  district  for  its  use  for  fifty  per  cent  of  the  amount 
of  the  contract  price,  conditioned  for  the  faithful  perform- 
ance of  said  contract.  The  work  shall  be  done  under  the  di- 
rection and  to  the  satisfaction  of  the  engineer,  and  be  ap- 
proved by  the  board. 

Sec.  50.  No  claim  shall  be  paid  by  the  treasurer  until  al- 
lowed by  the  board,  and  only  upon  a  warrant  signed  by  the 
president,  and  countersigned  by  the  secretary. 

Sec.  51.  The  cost  and  expense  of  purchasing  and  acquir- 
ing property  and  constructing  the  works  and  improvements 
herein  provided  for,  shall  be  wholly  paid  out  of  the  construc- 
tion fund. 

Sec.  52.  The  board  of  directors  shall  have  power  to  con- 
struct the  works  necessary  for  drainage  purposes  across  any 
stream  of  water,  water-course,  street,  aenue,  hi^hwav.  rail- 
way, canal,  ditch,  or  flume  which  the  route  of  said  conduits 
or  drains  maj  intersect  or  cross,  in  such  manner  as  to  afford 
security  for  life  and  prop*  rty;  but  said  board  shall  restore  th< 
same,  when  so  crossed  or  intersected,  to  its  former  state  as  near 
as   may  be,   or  in   such   manner  as   not   to   have  impaired   un- 


373  DRAINAGE.  Act  987,  §  §  53-55 

necessarily  its  usefulness;  and  every  company  whose  railroad, 
and  the  board  of  supervisors,  where  any  public  highway  shall 
be  intersected  or  crossed  by  said  works,  shall  unite  with  said 
board  in  forming  said  intersections  and  crossings,  and  grant 
the  privileges  aforesaid;  and  if  such  railroad  company,  or  said 
board  of  supervisors,  or  the  owners  and  coutrollers  of  the  said 
property,  thing,  or  franchise  so  to  be  crossed,  and  the  said 
board  cannot  agree  upon  the  amount  to  be  paid  therefor,  or 
the  points  or  the  manner  of  said  crossings  or  intersections,  the 
same  shall  be  ascertained  and  determined  in  all  respects  as  is 
herein  provided  in  respect  to  the  taking  of  property  by  con- 
demnation. The  right  of  way  is  hereby  given,  dedicated,  and 
set  apart,  to  locate,  construct  and  maintain  said  works  over 
and  through  any  of  the  lands  which  are  now  or  may  be  the 
property  of  this  state. 

Sec.  53.  Each  member  of  the  board  of  directors  shall  re- 
ceive three  dollars  per  day  for  each  day's  attendance  at  the 
meetings  of  the  board,  and  actual  and  necessary  expenses 
while  engaged  in  official  business  under  the  order  of  the 
board. 

Sec.  54.  No  director  or  any  other  officer  named  in  this  act 
shall  in  any  manner  be  interested,  directly  or  indirectly  in  any 
contract  awarded  or  to  be  awarded  by  the  board,  or  in  the 
profits  to  be  derived  therefrom;  and  for  any  violation  of  this 
provision,  such  officer  shall  be  deemed  guilty  of  a  misde- 
meanor, and  such  conviction  shall  work  a  forfeiture  of  his 
office,  and  he  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  55.  The  board  of  directors  may  at  any  time,  when  in 
their  judgment  it  may  be  deemed  advisable  call  a  special  elec- 
tion and  submit  to  the  qualified  electors  of  the  district  the 
question,  whether  or  not  a  special  assessment  shall  be  levied 
for  the  purpose  of  raising  money  to  be  applied  to  any  of  the 
purposes  provided  in  this  act.  Such  election  must  be  called 
upon  the  notice  prescribed  and  the  same  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  in  con- 
formity with  the  provisions  of  section  27  of  this  act.  The 
notice  must  specify  the  amount  of  money  proposed  to  be 
raised  and  the  purpose  for  which  it  is  intended  to  be  used. 
At  such  elections  the  ballots  shall  contain  the  words  "As- 
sessment— Yes"  or  "Assessment — No."  If  two-thirds  or 
more  of  the  votes  cast  are  "Assessment — Yes,"  the  board 
shall  proceed  in  the  manner  hereinbefore  prescribed  for  rais- 
ing   the    annual    funds    by    taxation.     When    collected,    the 


Act  987,  §§  56-58  DRAINAGE.  374 

money  shall  be  paid  into  the  district  treasury  for  the  pur- 
pose specified  in  the  notice  of  such  special  election. 

Sec.  56.  The  board  of  directors  shall  have  no  power  to 
incur  any  debt  or  liability  whatever,  either  by  issuing 
bonds  or  otherwise,  in  excess  of  the  express  provisions 
of  this  act;  and  any  debt  or  liability  incurred  in  excess 
of  such  express  provisions  shall  be  and  remain  absolutely 
void;  except  for  the  purposes  of  organization,  or  for  any 
of  the  purposes  of  this  act,  the  board  of  directors  may, 
before  the  collection  of  the  first  assessmer^,  incur  an  in- 
debtedness not  exceeding  in  the  aggregate  the  sum  of  two 
thousand  dollars,  and  may  cause  warrants  of  the  district 
to  issue  therefor,  bearing  interest  at  seven  per  cent  per 
annum. 

Sec.  57.  The  rights  of  way,  ditches,  drains,  conduits, 
flumes,  pipe  lines,  dams,  reservoirs,  pumping  plants,  and 
other  property  of  like  character  belonging  to  any  drain- 
age district  shall  not  be  taxed  for  state  and  county  or 
municipal  purposes. 

Sec.  58.  The  board  of  directors  shall  within  thirty  days 
after  the  issue  of  any  bonds  herein  provided  for  bring  an 
action  in  the  superior  court  of  the  county  wherein  is 
located  the  office  of  such  board,  to  determine  the  validity 
of  any  such  bonds.  Such  action  shall  be  in  the  nature 
of  a  proceeding  in  rem,  and  jurisdiction  of  all  parties 
interested  may  be  had  by  publication  of  summons  for  at 
least  once  a  week  for  three  weeks  in  some  paper  of  gen- 
eral circulation  published  in  the  county  where  the  action 
is  pending,  such  paper  to  be  designated  by  the  court  having 
jurisdiction  of  the  proceedings.  Jurisdiction  shall  be 
complete  within  thirty  days  after  the  full  publication  of 
such  summons  in  the  manner  herein  provided.  Any  one 
interested  may,  at  any  time  before  the  expiration  of  said 
thirty  days,  appear  and  by  proper  proceedings  contest 
the  validity  of  such  bonds,  and  may  in  the  same  action 
or  proceeding  contest  the  validity  of  any  bonds,  coupons, 
or  other  evidences  of  indebtdeness  referred  to  in  the  peti- 
tion for  funding  and  proposed  to  be  funded,  and  if  any 
such  bonds,  coupons,  or  evidences  of  indebtedness  be 
shown  to  be  invalid,  then  the  same  shall  only  be  funded 
for  the  amount  of  such  proportion  thereof  as  equals  the 
fair  and  reasonable  value  of  whatever  the  district  may 
have    received    in    consideration      therefor,     together     with 


373  DRAINAGE.  Act  987,  §§  59,  60 

unpaid  interest  thereon,  and  the  amount  of  such  propor- 
tion shall  be  determined  and  adjudicated  by  the  court  in 
said  action  or  proceeding.  Such  action  shall  be  speedily 
tried  and  judgment  rendered  declaring  such  bonds  so  con- 
tested either  valid  or  invalid.  Either  party  =;hall  have  the 
right  to  appeal  at  any  time  within  thirty  d  ya  after  the 
entry  of  such  judgment,  which  appeal  must  be  heard  and 
determined  within  three  months  from  the  time  of  taking 
such    appeal. 

Sec.    59.     If     no   such    proceeding   shall    have   been    taken 
by   the   board   of   directors,   then   at    any   time   after   thirty 
daj's  and  within  ninety   days  after  the  issue  of   any  bonds 
under   the   provisions   of    this    act,   any   district    assessment 
payer   may    bring   an    action   in    the    superior    court    of    the 
county   wherein   the   office   of   the   board   of   directors   is   lo- 
cated,  to   determine   the   validity   of   any   such   bonds.     The 
board    of    directors    shall    be    made    parties    defendant    and 
service  of  summons   shall  be   made   on  the   members   of   the 
board  personally,  if  they  can  be  found  within  the  state;   if 
not,  then  by  publication  for  three  weeks  in  some  newspaper, 
of  general  circulation  within  the  county  wherein   the   office 
of  the  board  of   directors  is  located,  such   newspaper  to   be 
designated   by   the    court   having   jurisdiction.     Before    such 
publication  can  be  had,  an  affidavit,  in  the  usual  form  shall 
oe    made,   showing   such   facts.     Said    board   shall    have    the 
right    to    appear   and    contest    such    action.     Notice    of    said 
action    shall   be    given   by   publication    of    summons    therein 
in   the    same    manner    and    for    the    same    time    as    required 
in   the   preceding   section   hereof   in   actions  brought   by   the 
publication    of    such    summons    in    the    manner    herein    pro- 
vided.    Any  district  assessment  payer  or  any  one  interested 
may  appear    and     defend     said    action,    and  thereafter    the 
same   proceedings   shall   be   had   in   such   action   as   are    i 
inbefore    provided    for    in    the    preceding    section    hereof    in 
actions   brought   by   the   board   of    directors,    and    the    same 
matters   determined   and   adjudicated   by   the    court    therein. 
Such   action   shall  be   speedily   tried,   with   the   right   of   ap 
peal    to    either    party,    within    the    time    and    manuer    hen  in 
provided  for  the  bringing  of  actions  by  the  board  to  deter- 
mine   such    matters.     Such    appeal    shall    be    heard    and    de- 
termined   within    three    months    from"   the    time    of    taking 
such    appeal. 

Sec.    60.     At    the    hearing   of    such    proceedings    the    court 
shall  hear  and  determine  the   sufficiency  of  all  proceedings. 


Act  987,  §§  fil-65  DRAINAGE.  376 

Sec.  61.  If  more  than  one  action  shall  be  pending  at 
the  same  time  concerning  similar  contests  in  this  act 
provided   for,  they  shall  be  consolidated  and   tried  together. 

Sec.  62.  The  court  hearing  any  of  the  contests  herein 
provided  for,  in  inquiring  into  the  regularity,  legality,  or 
correctness  of  such  proceedings,  must  disregard  any  error, 
irregularity  or  omission  which  does  not  affect  the  sub- 
stantial rights  of  the  parties  to  said  action  or  proceeding. 
The  rules  of  pleading  and  practice  provide  by  the  Code 
of  Civil  Procedure,  which  are  not  inconsistent  with  the 
provisions  of  this  act,  are  applicable  to  all  actions  or 
proceedings  herein  provided  for.  The  costs  of  any  hearing 
or  contest  herein  provided  for  may  be  allowed  and  appor- 
tioned between  the  parties  or  attached  to  the  losing  party, 
in  the  discretion  of  the  court. 

Sec.  63.  No  contest  of  any  matter  or  thing  herein  pro- 
vided for  shall  be  made  other  than  within  the  time  and 
manner   herein    specified. 

Sec.  64.  The  boundaries  of  any  drainage  district  now 
organized  or  hereafter  organized  under  the  provisions  of 
this  act,  may  be  changed,  and  tracts  of  land  which  were 
included  within  the  boundaries  of  such  district  at  or  after 
its  organization  under  the  provisions  of  this  act,  may  be 
excluded  therefrom,  in  the  manner  herein  prescribed;  but 
neither  such  change  of  the  boundaries  of  the  districts  nor 
such  exclusion  of  lands  from  the  district  shall  impair  or 
affect  its  organization,  or  its  right  in  or  to  property,  or  any 
of  its  rights  or  privileges  of  whatever  kind  or  nature;  nor 
shall  it  affect,  impair,  or  discharge  any  contract,  obliga- 
tion, lien,  or  charge  for  or  upon  which  said  district  was 
or  may  become  liable  or  chargeable,  had  said  change  of  its 
boundaries  not  been  made,  or  had  not  such  land  been  ex- 
cluded  from   the   district. 

Sec.  65.  The  owner  or  owners  in  fee  of  one  or  more 
tracts  of  land  which  constitute  a  portion  of  a  drainage 
district,  may,  jointly  or  severally,  file  with  the  board  of 
directors  of  the  district  a  petition,  praying  that  such 
tract  or  tracts,  and  any  other  tracts  contiguous  thereto, 
may  be  excluded  and  taken  from  said  district.  The  peti- 
tion sliall  state  the  grounds  and  reasons  upon  which  it  is 
claimed  that  such  lands  should  be  excluded,  and  shall 
describe   the  boundaries  thereof,  and  also   the  lands  of  such 


377  DRAINAGE.  Act  9S7,  §  §  66,  67 

petitioner,  or  petitioners  which  are  included  within  such 
boundaries;  but  the  description  of  such  lands  need  not  be 
more  particular  or  certain  than  is  required  when  the  lands 
are  entered  in  the  assessment  book  by  the  county  assessor. 
Such  petition  must  be  acknowledged  in  the  same  manner 
and  form  as  is  required  in  the  case  of  a  conveyance  of 
land,  and  the  acknowledgdment  shall  have  the  same  force 
and  effect  as  evidence  as  the  acknowledgment  of  such  a 
conveyance. 

Sec.  66.  The  secretary  of  the  board  of  directors  shall 
cause  a  notice  of  the  filing  of  such  petition  to  be  published 
for  at  least  two  weeks  in  some  newspaper  published  in  the 
county  where  the  office  of  the  board  of  directors  is  situ- 
ated, and  if  any  portion  of  such  territory  to  be  excluded 
lie  within  another  county  or  counties,  then  said  notice  shall 
be  so  published  in  a  newspaper  published  within  each  of 
said  counties;  or,  if  no  newspaper  be  published  therein, 
then  by  posting  such  notice  for  the  same  time  in  at  least 
three  public  places  in  said  district,  and  in  case  of  the 
posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice 
shall  state  the  filing  of  such  petition,  the  names  of  the 
petitioners,  a  description  of  the  lands  mentioned  in  said 
petition,  and  the  prayer  of  said  petition;  and  it  shall  notify 
all  persons  interested  in,  or  who  may  be  affected  by  such 
change  of  the  boundaries  of  the  district,  to  appear  at  the 
office  of  said  board  at  a  time  named  in  said  notice,  and 
show  cause,  in  writing,  if  any  they  have,  why  the  change 
of  the  boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.  The  time  to  be  specified  in 
the  notice  at  which  they  shall  be  required  to  show  cause 
shall  be  the  regular  meeting  of  the  board  next  after  the 
expiration  of  the  time  for  the  publication   of   the  notice. 

Sec.  67.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  notice,  or  at  the  time  or  times  to  which 
the  hearing  of  said  petition  may  be  adjourned,  shall  proceed 
to  hear  the  petition,  and  all  evidence  of  proofs  that  mny 
or  shall  be  introduced  by  or  on  behalf  of  the  petitioner  >r 
petitioners,  and  all  objections  to  such  petition  that  may 
or  shall  be  presented  in  writing  by  any  person  showing 
cause  as  aforesaid,  and  all  evidence  and  proofs  that  may 
be  introduced  in  support  of  such  objections.  Such  evidence 
shall  be  taken  down,  in  shorthand,  and  a  record  made 
thereof   and  filed  with  the  board.     The  failure   of  any  per- 


Act  987,  §§  68,  63  DRAINAGE.  S7S 

boii  interested  in  said  district,  other  than  the  holders  of 
bonds  thereof  outstanding  at  the  time  of  the  filing  of  said 
petition  with  said  board,  to  show  cause,  in  writing,  why 
tl>£  ti'act  or  tracts  of  land  mentioned  in  said  petition 
Baould  not  be  excluded  from  said  district,  shall  be  deemed 
and  taken  as  an  assent  by  him  to  the  exclusion  of  such 
tra-st  or  tracts  of  land,  or  any  part  thereof,  from  said  dis- 
trict; and  the  filing  of  such  petition  with  said  board,  as 
aforesaid,  shall  be  deemed  and  taken  as  an  assent  by  each 
and  a,ll  of  such  petitioners  to  the  exclusion  from  such  dis- 
trict of  the  lands  mentioned  iu  the  petition,  or  any  part 
thereof.  The  expenses  of  giving  said  notice  and  of  the 
aforesaid  proceedings  shall  be  paid  by  the  person  or  persons 
filing  such  petition. 

Sec.  58.  If,  upon  the  hearing  of  any  such  petition,  no 
evidence  cr  proofs  in  support  thereof  be  introduced,  or  if 
the  evidence  fail  to  sustain  said  petition,  or  if  the  board 
deem  it  not  for  the  best  interests  of  the  district  that  the 
lands,  or  some  portion  thereof,  mentioned  in  the  petition 
should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the 
board  deem  it  for  the  best  interests  of  the  district 
that  the  lands  mentioned  in  the  petition,  or  some  portion 
thereof,  be  excluded  from  the  district,  and  if  no  person  in- 
terested in  the  district  show  cause  in  writing,  why  the  said 
lands,  or  some  portion  thereof,  should  not  be  excluded  from 
the  district,  or  if,  having  shown  cause,  withdraws  the  same, 
or  upon  the  hearing  fails  to  establish  such  objections  as 
he  may  have  made,  then  it  shall  be  the  duty  of  the  board 
to,  and  it  shall  forthwith,  make  an  order  that  the  lands 
mentioned  and  described  in  the  petition,  or  some  defined 
portion  thereof,  be  excluded  from  said  district. 

See.  69.  If  there  be  outstanding  bonds  of  the  district  at 
the  time  of  the  filing  of  said  petition,  the  holders  of  such 
outstanding  bonds  may  give  their  assent,  in  writing,  to  the 
effect  that  they  severally  consent  that  the  lands  mentioned 
in  the  petition,  or  such  portion  thereof  as  may  be  excluded 
from  said  district  by  order  of  said  board,  may  be  excluded 
from  the  district;  and  if  said  lands,  or  any  portion  thereof, 
be  thereafter  excluded  from  the  district,  the  lands  so  ex- 
cluded shall  be  released  from  the  lien  of  such  outstanding 
bonds.  The  assent  must  be  acknowledged  by  the  several 
holders  of  such  bonds  in  the  same  manner  and  form  as 
is  required  in  case  of  a  conveyance  of  land,  and  the  ac- 
■  knowlcdgment  shall  have  the  same  force  and  effect  as  evi- 
dence as  the  acknowledgment  of  such  conveyance.     The  as- 


379  DKAINAGE.  Act  987,  §§  'n>- r: 

sent  shall  be  filed  with  the  board,  and  must  be  recorded  in 
the  minutes  of  the  board;  and  said  minutes,  or  a  copy- 
thereof,  certified  by  the  secretary  of  said  board,  shall  be 
admissible  in  evidence,  with  the  same  effect  as  the  said  as- 
sent, and  such  certified  copy  thereof  may  be  recorded  in 
the  of  ce  of  the  county  recorder  of  the  county  wherein  said 
lands  are  situated. 

Sec.  70.  In  the  event  the  said  board  of  directors  shall 
exclude  any  lands  from  said  district  upon  petition  there- 
for, it  shall  be  the  duty  of  the  board  of  directors  to  make 
an  entry  in  the  minutes  of  the  board,  describing  th?  boun- 
daries of  the  district,  should  the  exclusion  of  said  lands 
from  said  district  change  the  boundaries  of  said  district, 
and  for  that  purpose  the  board  may  cause  a  survey  to  be 
made  of  such  portions  of  the  district  as  the  board  may 
deem  necessary;  and  a  certified  copy  of  the  entry  in  the 
minutes  of  the  board  excluding  any  land,  certified  by  the 
president  and  secretary  of  the  board,  shall  be  filed  for 
record  in  the  recorder's  office  of  each  county  within  which 
are  situated  any  of  the  land  of  the  district;  but  said  dis- 
trict, notwithstanding  such  exclusion,  shall  be  and  remain 
a  drainage  district  as  fully  to  every  intent  and  purpose 
as  it  would  be  had  no  change  been  made  in  the  boundaries 
of  the  district,  or  had  the  lands  excluded  therefrom  never 
constituted  a  portion  of  the  district. 

Sec.  71.  If  the  lands  excluded  from  any'  district  under 
this  act  shall  embrace  the  greater  portion  of  any  division 
or  divisions  of  such  district,  then  the  office  of  director  for 
such  division  or  divisions  shall  become  and  be  vacant  at 
the  expiration  of  ten  days  from  the  final  order  of  the  board 
excluding  said  lands;  and  such  vacancy  or  vacancies  shall 
be  filled  by  appointment  by  the  board  of  supervisors  of  the 
county  where  the  office  of  such  board  is  situated,  from  the 
district  at  large.  A  director  appointed  as  above  provided, 
shall  hold  his  office  until  the  next  regular  election  for  said 
district,  and  until  his  successor  is  elected  and   qualified. 

Sec.  72.  At  least  thirty  days  before  the  next  general 
election  of  such  district,  the  board  of  directors  thereof 
shall  make  an  order  dividing  said  district  into  three  or  five 
divisions,  as  the  case  may  require,  as  nearly  equal  in  size 
as  may  be  practicable,  which  shall  be  numbered  first,  second 
third  and  so  on,  and  one  director  shall  be  elected  by  each 
division.  For  the  purposes  of  elections  in  such  elistrict, 
the  said  board  of  directors  must  establish  a  convenient  num- 
ber of  election  precincts,  and  define  the  boundaries  thereof, 


Act  987,  §§  73-73  DRAINAGE.  3S'J 

which    said   precincts   may   be   changed   from   time   to   time, 
as  the  board  of  directors  may  deem  necessary. 

Sec.  73.  A  guardian,  an  executor,  or  an  administrator 
of  an  estate,  who  is  appointed  an  such  under  the  laws  of 
this  state,  and  who  as  such  guardian,  executor,  or  admin- 
istrator, is  entitled  to  the  possession  of  the  lands  belong- 
ing to  the  estate  which  he  represents,  may  on  behalf  of 
his  ward,  or  the  estate  which  he  represents,  upon  being 
thereto  properly  authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  in  section  65  of  this  act  men- 
tioned, and  may  show  cause,  as  herein  provided,  wby  the 
boundaries  of  the   district  should   not  be  changed. 

Sec.  74.  Nothing  herein  provided  shall,  in  any  manner, 
operate  to  release  any  of  the  lands  so  excluded  from  the 
district  from  any  obligation  tc  pay,  or  any  lien  thereon, 
of  any  valid  outstanding  bonds  or  other  indebtedness  of 
said  district  at  the  time  of  the  filing  of  said  petition  for 
the  exclusion  of  said  lands,  but  upon  the  contrary,  said 
lands  shall  be  held  subject  to  said  lien,  and  answerable  and 
chargeable  for  and  with  the  payment  and  discharge  of 
all  of  said  outstanding  obligations  at  the  time  of  the  filing 
of  the  petition  for  the  exclusion  of  said  land,  as  fully  as 
though  said  petition,  for  such  exclusion  were  never  filed 
and  said  order  of  exclusion  never  made;  and  for  the  pur- 
pose of  discharging  such  outstanding  indebtedness,  said 
lands  so  excluded  shall  be  deemed  and  considered  as  part 
of  said  drainage  district  the  same  as  though  said  petition  for 
its  exclusion  had  never  been  filed  or  said  order  of  exclusion 
never  made;  and  all  provisions  which  may  have  been  re- 
sorted to  to  compel  the  payment  by  said  lands  of  its  quota 
or  portion  of  said  outstanding  obligations,  had  said  exclusion 
never  been  accomplished,  may,  notwithstanding  said  exclu- 
sion, be  resorted  to  to  compel  and  enforce  the  payment  on 
the  part  of  said  lands  of  its  quota  and  portion  of  said  out- 
standing obligations  of  said  drainage  district  for  which  it  is 
liable,  as  herein  provided.  But  said  land  so  excluded  shall 
not  be  held  answerable  or  chargeable  for  any  obligation  of 
any  nature  or  kind  whatever,  incurred  after  the  filing  with 
the  board  of  directors  of  said  district  of  the  petition  for  the 
exclusion  cf  said  lands  from  the  said  district;  provided, 
that  the  provisions  of  this  section  shall  not  apply  to  any 
oustanding  bonds,  the  holders  of  which  have  assented  to  the 
exclusion  of  such  lands  from  said  district,  as  hereinbefore 
provided. 

Sec.  75.  The  boundaries  of  any  drainage  district  now 
organized    or    hereafter    organized    under    the    provisions   of 


381  DRAINAGE.  Act  987,  §§  -.6.  .1 

this  act  may  be  changed  in  the  manner  herein  prescribed, 
but  such  change  of  the  boundaries  of  the  district  shall  not 
impair  or  affect  its  organization,  or  its  rights  in  or  to  prop- 
erty, or  any  of  its  rights  or  privileges  of  whatsoever  kind 
or  nature;  nor  shall  it  affect,  impair,  or  discharge  any  con- 
tract, obligation,  lien  or  charge  for  or  upon  which  it  was 
or  might  become  liable  or  chargeable,  had  such  change  of 
its  boundaries  not  been  made. 

Sec.  76.  The  holder  or  holders  of  title,  or  evidence  of 
title,  representing  one  half  or  more  of  any  body  of  lands 
adjacent  to  the  boundary  of  a  drainage  district,  which  are 
contiguous  and  which  taken  together,  constitute  one  tract 
of  land,  may  file  with  the  board  of  directors  of  said  dis- 
trict a  petition,  in  writing,  praying  that  the  boundaries 
of  said  district  may  be  so  changed  as  to  include  therein 
said  lands.  The  petition  shall  describe  the  boundaries  of 
said  parcel  or  tract  of  land,  and  shall  also  describe  the 
boundaries  of  the  several  parcels  owned  by  the  petitioners, 
if  the  petitioners  be  the  owners,  respectively,  of  distinct 
parcels,  but  such  descriptions  need  not  be  more  particular 
than  they  are  required  to  be  when  such  lands  are  entered 
by  the  county  assessor  in  the  assessment  book.  Such  peti- 
tion must  contain  the  assent  of  the  petitioners  to  the  in- 
clusion within  said  district  of  the  parcels  or  tracts  of  land 
described  in  the  petition,  and  of  which  said  petition  alleges 
they  are,  respectively,  the  owners;  and  it  must  be  acknowl- 
edged in  the  same  manner  that  conveyances  of  land  are  re- 
quired  to  be  acknowledged. 

Sec.  77.  The  secretary  of  the  board  of  directors  shall 
cause  a  notice  of  the  filing  of  such  petition  to  be  given  and 
published  in  the  same  manner  and  for  the  same  time  that 
notices  of  special  elections  for  the  issue  of  bonds  are 
required  by  this  act  to  be  published.  The  notice  shall 
state  the  filing  of  such  petition  and  the  names  of  the  pe- 
titioners, a  description  of  the  lands  mentioned  in  said 
petition,  and  the  prayer  of  said  petition;  and  it  shall 
notify  all  persons  interested  in,  or  that  may  be  affected 
by  such  change  of  the  boundaries  of  the  district,  to  ap- 
pear, at  the  office  of  said  board,  at  a  time  named  in  said 
notice,  and  show  cause  in  writing,  if  any  they  have,  why 
the  change  in  the  boundaries  of  said  district,  as  pro- 
posed in  said  petition,  should  not  be  made.  The  time  to 
be  specified,  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  nutting  of  the  board 
next  after  the  expiration  of  the  time  for  the  publication  of 


Act  9St,  §§  7S-80  DRAINAGE.  S8J 

the   notice.     The     petitioners    shall     advance    to    the    s< 
tary  sufficient  money  to  pay  tho  estimated  costs  of  all  pro- 
ceedings arising  from  such  petition. 

Sec.  78.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  said  notice,  or  at  such  other  time  or 
times  to  which  the  hearing  of  said  petition  may  be  ad- 
journed, shall  proceed  to  Ik  ar  the  nrtition  and  all  the 
objections  thereto,  'presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of 
the  boundaries  of  the  district  should  not  be  made.  The 
failure  by  any  person  interested  in  said  district,  or  in  the 
matter  of  the  proposed  change  of  its  boundaries,  to  show 
cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  on  his  part  to  a  change  of  the  boundaries  of 
the  district  as  prayed  for  in  said  petition,  or  to  such  a 
change  thereof  as  will  include  a  part  of  said  lands.  And 
the  filing  of  such  petition  with  said  board,  as  aforesaid. 
shall  be  deemed  and  taken  as  an  assent  on  the  part  of 
each  and  all  of  such  petitioners  to  such  a  change  of  said 
boundaries  that  they  may  include  the  whole  or  any  por- 
tion of  the   lands   described   in  said   petition. 

Sec.  79.  The  board  of  directors  to  whom  such  petition 
is  presented,  may  require,  as  a  condition  precedent  to 
the  granting  of  the  same,  that  the  petitioners  shall  sev- 
erally pay  to  such  district  such  respective  sums,  as  nearly 
as  the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their 
grantors  would  have  been  required  to  pay  to  such  district 
as  assessments,  had  such  lands  been  included  in  such 
district   at   the    time   the   same   was   originally   formed. 

Sec.  80.  The  board  of  directors,  if  they  deem  it  not 
for  the  best  interests  of  the  district  that  a  change  of  its 
boundaries  be  so  made  as  to  include  therein  the  lands 
mentioned  in  the  petition,  shall  order  that  the  petition  be 
rejected.  But  if  they  deem  it  for  the  best  interests  of 
the  district  that  the  boundaries  of  said  district  be  changed 
and  if  no  person  interested  in  said  district  or  the  proposed 
change  of  its  boundaries  shows  cause,  in  writing,  why  the 
proposed  change  should  not  be  made,  or  if,  having  shown 
cause,  withdraws  the  same,  the  board  may  order  that  the 
boundaries  of  the  district  be  so  changed  as  to  include 
therein  the  lands  mentioned  in  said  petition  or  some 
part    thereof.     The    order   shall    describe    the   boundaries   as 


3S3  DRAINAGE.  Act  9S7,  §  §  S1-S3 

changed,  and  shall  also  describe  the  entire  boundaries  of 
the  district  as  they  will  be  alter  the  change  thereof  as 
aforesaid  is  made;  and  for  that  purpose  the  board  may 
cause  a  survey  to  be  made  of  such  portions  of  such  bound- 
ary  as  is   deemed  necessary. 

Sec.  81.  If  any  person  interested  in  said  district  of  the 
proposed  change  of  its  boundaries,  shall  show  cause  as 
aforesaid  why  such  boundaries  should  not  be  changed, 
and  shall  not  withdraw  the  same,  and  if  the  board  of 
directors  deem  it  for  the  best  interests  of  the  district  that 
the  boundaries  thereof  be  so  changed  as  to  include  therein 
the  lands  mentioned  in  the  petite  i,  or  some  part  thereof, 
the  board  shall  adopt  a  resolution  to  that  effect.  The 
resolution  shall  describe  the  exterior  boundaries  of  the 
lands  which  the  board  are  of  the  opinion  should  be  in- 
cluded within  the  boundaries  of  the  district  when  changed. 

Sec.  82.  Upon  the  adoption  of  the  resolution  mentioned 
in  the  last  preceding  section,  the  board  shall  order  that  an 
election  be  held  within  said  district,  to  determine  whether 
the  boundaries  of  the  district  shall  be  changed  as  men- 
tioned in  said  resolution;  and  shall  fix  the  time  at  which 
such  election  shall  be  held,  and  cause  notice  thereof  to  be 
given  and  published.  Such  notice  shall  be  given  and  pub- 
lished, and  such  election  shall  be  held  and  conducted,  the 
returns  thereof  shall  be  made  and  canvassed,  and  the  re- 
sult of  the  election  ascertained  and  declared,  and  all  things 
pertaining  thereto  conducted  in  the  manner  prescribed  by 
this  act  in  case  of  a  special  election  to  determine  whether 
bonds  of  a  drainage  district  shall  be  issued.  The  ballots 
cast  at  said  election  shall  contain  the  words  "For  change 
oi  boundary"  or  "Against  change  of  boundary"  or  words 
equivalent  thereto.  The  notice  of  election  shall  describe 
the  proposed  change  of  the  boundaries  in  such  manner  and 
terms  that  it  can  readily  be  traced. 

Sec.  83.  if  at  such  election  a  majority  of  all  the  votes 
cast  at  said '  election  shall  be  against  such  change  of  the 
boundaries  of  the  district,  the  board  shall  order  that  said 
petition  be  denied,  and  shall  proceed  no  further  in  that 
matter.  But  if  a  majority  of  such  votes  be  in  favor  of  such 
change  of  the  boundaries  of  the  district,  the  board  shall 
thereupon  order  that  the  boundaries  be  changed  in  ac- 
cordance with  said  resolution  adopted  by  the  board.  The 
said    order    shall    describe    the    entire    boundaries    of    said 


Act  987,  §§  84-87  DRAINAGE.  384 

district,  and  for  that  purpose  the  hoard  may  cause  a  sur- 
vey of  such  portions  thereof  to  be  made  as  the  board  may 
deem  necessary. 

Sec.  84.  Upon  a  change  of  the  boundaries  of  a  district 
being  made,  n  copy  of  the  order  of  the  board  of  directors 
ordering  such  change,  certified  by  the  president  and  sec- 
retary of  the  board,  shall  be  filed  for  record  in  the  re- 
corder's office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  dis- 
trict shall  be  and  remain  a  drainage  district,  ns  fully,  and 
to  every  intent  and  purpose,  as  if  the  lands  which  are 
included  in  the  district  by  the  change  of  the  boundaries, 
as  aforesaid,  bad  been  included  therein  at  the  original 
organization  of  the  district. 

Sec.  85.  Upon  the  filing  of  the  copies  of  the  order,  as 
in  the  last  preceding  section  mentioned,  the  secretary  shall 
record  in  the  minutes  of  the  board  the  petition  aforesaid; 
and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be 
admissible  in  evidence  with  the  same  effect  as  the  peti- 
tion. 

Sec.  86.  A  guardian,  an  executor  or  an  administrator 
of  an  estate,  who  is  appointed  as  such  under  the  laws  of 
this  state,  and  who,  as  such  guardian,  executor  or  ad- 
ministrator, is  entitled  to  the  possession  of  the  lands 
belonging  to  the  estate  which  he  represents,  may,  on  be- 
half of  his  ward,  or  the  estate  which  he  represents,  upon 
being  thereunto  authorized  by  the  proper  court,  sign  and 
acknowledge  the  petition  in  section  76  of  this  act  men- 
tioned and  may  show  cause  why  the  boundaries  of  the  dis- 
trict should  not  be  changed. 

Sec.  87.  In  case  of  the  inclusion  of  any  land  within 
any  district  by  proceedings  under  this  act,  the  board  of 
directors,  must,  at  least  thirty  days  prior  to  the  next 
succeeding  general  election,  make  an  order  redividing  such 
district,  into  three  or  five  divisions,  as  the  case  may  require, 
as  nearly  equal  in  size  as  may  be  practicable,  which  shall 
be  numbered  first,  second,  third  and  so  on,  and  one  elector 
shall  thereafter  be  elected  by  each  division.  For  the  pur- 
pose of  elections,  the  board  of  directors  must  establish  a 
convenient  number  of  election  precincts  in  said  districts, 
and  define  the  boundaries  thereof,  which  said  precincts 
may  be  changed  from  time  to  time  as  the  board  may  deem 
necessary. 


385  DRAINAGE.       t  Act  987,    §§    88-91 

Sec.  88.  Whenever  the  board  of  directors  of  a  drain- 
age district  heretofore  organized,  or  hereafter  organized 
under  the  provisions  of  this  act,  shall  determine  that  the 
authorized  bonded  indebtedness  of  such  drainage  district 
is  greater  than  such  district  is  liable  to  need  to  com- 
plete its  system  as  planned,  and  there  be  no  outstanding 
bonds,  the  board  of  directors  may  call  a  special  election 
for  the  purpose  of  voting  upon  a  proposition  to  reduce 
such  bonded  indebtedness  to  such  sum  as  the  board  may 
determine  to  be  sufficient  for  such  purpose. 

Sec.  89.  iNotice  of  the  said  election  shall  be  given  in 
the  same  manner  as  provided  in  section  twenty-seven  of 
this  act,  in  relation  to  calling  special  elections  for  issu- 
ance of  bonds.  The  notice  of  election  must  state  the 
amount  of  the  authorized  bonded  indebtedness  of  such  dis- 
trict, and  the  amount  to  which  it  is  proposed  to  reduce  the 
same;  also,  the  date  on  which  said  election  will  be  held  and 
the  polling-places,  as  established  by  said  board  of  directors. 
The  ballots  cast  at  said  election  shall  contain  the  words 
"For  reducing  bonds — Yes,"  or  "For  reducing  bonds — No." 
When  the  vote  is  canvassed  by  the  board  of  directors  and 
entered  of  record,  if  a  majority  of  the  votes  cast  shall  be 
"For  reducing  bonds — Yes,"  then  in  that  event  the  board 
of  directors  shall  only  be  empowered  to  issue  or  sell 
the  amount  of  bonds  as  was  stipulated  in  the  said  notice 
of  such  special  election;  but  if  a  majority  of  said 
votes  are  not  "For  reducing  bonds — Yes,"  then  the  au- 
thority to  issue  bonds  shall  remain  the  same  as  before  said 
special  election  was  held. 

Sec.  90.  In  case  there  be  outstanding  bonds  of  any  dis- 
trict desiring  to  take  advantage  of  the  provisions  of  sec- 
tions 88  and  89  of  this  act  concerning  reduction  of  bonded 
indebtedness,  the  assent  of  such  bondholders  may  be  ob- 
tained to  such  reduction  of  the  bonded  indebtedness, 
in  the  same  manner  as  provided  in  section  sixty-nine  of  this 
act.  If  such  assent  is  obtained  in  the  manner  therein  pro- 
vided, then,  and  in  that  event,  such  district  shall  be  em- 
powered to  take  advantage  of  all  the  provisions  of  said  sec- 
tions of  this  act,  but  not  otherwise.  No  reduction  of  the 
bonded  indebtedness,  as  in  this  act  provided  shall  in  any 
manner  affect  any  order  of  court  that  may  have  been  made, 
adjudicating  and  confirming  the  validity  of  said  bonds. 

Sec.   91.     Whenever   there   remains   in   the   hands    of    the 
board  of  directors  of  any  drainage  district  organized  under 
Gen.  Laws — 25 


Act  0S7,  §  §  92-95  DRAINAGE.  J8K 

the  provisions  of  this  act,  after  the  completion  of  its  drain- 
age system,  and  the  payment  of  all  demands  against  such 
district,  any  bonds  voted  to  be  issued  by  said  district,  but 
not  sold,  and  not  necessary  to  be  sold  for  the  raising  of 
funds,  for  the  use  of  such  district,  said  board  of  directors 
may  call  a  special  election  for  the  purpose  of  voting  upon  a 
proposition  to  destroy  said  unsold  bonds,  or  so  many  of  them 
as  may  be  deemed  best,  or  may  submit  such  proposition  at  a 
general  election. 

Sec.  92.  Such  election  shall  be  held  in  the  same  manner 
as  other  elections  held  under  the  provisions  of  this  act. 
A  notice  of  such  election  shall  be  given  in  the  same  manner 
as  provided  in  section  twenty-seven  of  this  act  in  relation 
to  calling  special  elections  for  the  issuance  of  bonds.  The 
notice  of  election  must  state  the  amount  of  the  bonded  in- 
debtedness of  such  district  authorized  by  the  vote  of  the 
district,  the  amount  of  the  bonds  remaining  unsold,  and  the 
amount  proposed  to  be  destroyed,  and  the  date  on  which 
such  election  is  proposed  to  be  held,  and  the  polling-places 
as  fixed  by  the  board  of  directors.  The  ballots  to  be  cast 
at  such  election  shall  contain  the  words  "For  destroying 
bonds — Yes"  and  "For  destroying  bonds — No,"  and  the 
voter  must  erase  the  word  "No"  in  case  he  favors  *lie  de- 
struction of  bonds,  otherwise  the  word  "Yes." 

Sec.  93.  When  the  vote  is  canvassed  hy  the  board  of 
directors  and  entered  of  record,  if  a  two-thirds  majority  of 
the  votes  cast  should  be  found  to  be  in  favor  of  the  destruc- 
tion of  said  bonds,  then  the  president  of  the  board,  in  the 
presence  of  a  majority  of  the  members  of  the  board,  must 
destroy  the  bonds  so  voted  to  be  destroyed,  and  the  total 
amount  of  bonds  so  destroyed  and  canceled  shall  be  de- 
ducted from  the  sum  authorized  to  be  issued  by  the  electors 
of  said  district,  and  no  part  thereof  shall  thereafter  be  re- 
printed or  reissued. 

Sec.  94.  Nothing  in  this  act  shall  be  so  construed  as  to 
affect  the  validity  of  any  district  heretofore  organized  under 
the  laws  of  this  state,  or  its  rights  in  or  t:>  property,  or  any 
of  its  rights  or  privileges  of  whatsoever  kind  or  nature;  but 
said  districts  are  hereby  m?de  subject  +o  the  provisions  jf 
this  act  so  far  as  applicable;  nor  shall  it  affect,  impair,  or 
discharge  any  contract  obligation,  lien,  or  charge,  for  or  upoa 
which  it  was  or  might  become  liable  or  chargeable  had  not 
this  act  been  passed. 

Sec.  95.  Nothing  in  this  act  shall  be  construed  aa  ~er>oal- 
ing  or  in  anywioe  modifying  the  provisions  of  any  other  act 


I 


mi  EL  DORADO   COUNTY.  Acts  992-9JS 

relating  to  the  subject  of  drainage  except  such  as  may  be 
contained  in  the  act  entitled  "An  act  to  provide  for  the  01- 
ganization  and  government  of  drainage  districts,  for  tho 
drainage  of  agricultural  lands  other  than  swamp  and  ovei- 
flowed  lands,"  approved  March  thirty-first,  eighteen  hundred 
and  ninety-seven,  and  any  subsequent  acts  supplementary 
thereto,  or  amendatory  thereof,  all  of  which  acts,  so  far  as 
they  may  be  inconsistent  herewith,  are  hereby  repealed. 

Sec.  96.     This  act  shall  take  effect  from  and  after  its  pas- 
sage and  approval. 


TITLE  141. 
EL  DORADO  COUNTY. 
ACT  992. 

Protection  of  agriculture  in,  and  prevention  of  animals  from 
trespassing.     [Stats.   1875-6,  p.  356.] 
Repealed  1877-8,    557. 

ACT  993. 

AuthoriziHg     assessor     to     appoint  one    or    more    deputies. 

[Stats.   1877-8,  p.  110.] 

Repealed  by  County  Government  Act,  1897,   549,   sec.   190. 

ACT  994. 

Board  of  auditors  of,  creating    and    prescribing    powers    of. 
[Stats.  1873-4,  p.  825.] 
Amended    1S75-6,    681;     1877-8,    281.     Superseded    by    County    Govern- 
ment Act,   1S97,   452. 

ACT  995. 

For  the  funding  of   the  bonded   indebtedness   of.     [Stats. 
1877-8,  p.  1046.] 

ACT  996. 

Lawful  fences  in.     [Stats.  1869-70,  p.  584.] 

ACT  997. 

Mud  Springs  township,  trespassing  of  animals  upon  private 
property  in.     [Stats.  1873-4,  p.  859.J 
"Modified    and    probably    repealed    by    estray    law,    1S97,    198;     1901, 
603."— Code  Commissioner's  Note. 

ACT  098. 

Improvement   of  roads   in.     [Stats.    1877-8,   p.   545.] 
Repealed  18S3,   5  chap.   X,  sec.  2. 


Acta  990-1007  EL   DORADO    COUNTY.  «* 

ACT  999. 

Roads  and  highways  in.     [State.   1871-2,   p.  372.] 
Amended    1873-4,    771.     Repealed    1883,    p.    5,    chap.    X,    sec.    8. 

ACT  1000. 

Fixing   the   salaries   of   certain     officers    in.     [Stats.    1877-8, 
p.   778.] 
Repealed  by   County  Government  Act,   1897,   549,   sec.   190. 

ACT  1001. 

Regulating   fees   and    salaries    in.     [Stats.    1869-70,    p.    198.] 

Amended    1869-70,    747;     1871-2,    412,    592,    894;     1873-4.    710. 

"Repealed  as  to  the  fees  and  salaries  therein  named  by  the  va- 
rious County  Government  Acts  and  the  fee  bill  of  U95.  267."— Code 
Commissioner's   Note. 

ACT  1002. 

Supervisors,  organizing    board    of,    and    defining    duties    of. 
[Stats.  1873-4,  p.  872.] 
Repealed  by  County   Government  Act,   1897,   452. 

ACT  1003. 

Authorizing  supervisors  to  levy  a  special  tax.      [Stats.  1871-2, 
p.  793.] 
Superseded  by  subd.    18,   sec.   25,   County   Government  Act,   1897,    463. 

ACT  1004. 

Levy  of  taxes  for  county    purposes    and    for    redemption    of 
bonded  indebtedness  of.     [Stats.  1C77-8,  p.  75. J 

ACT  1005. 

Disposition    of    proce~d3    of   poll    taxe3    in.      [Stats.    1873-4, 
p    9*1.] 
Repealed  by  Political  Code,  sec.  3861. 

ACT  1006. 

Treasurer     of     to     transfer    certain    funds.     [Stats.    1S7;>G, 

p.   311.] 

Amended  1877-8,  638.  Superseded  by  sub-J.  18,  sec.  25,  County  'gov- 
ernment Act,   1897,   463. 

ACT  1007. 

Providing  for  election  of  treasursr  *>.nd  collector  and  fixing 
their  compensation.     [Stats.  1871-2,  p.  377. J 
Superseded   by    County   Government   Act,    1897,    452,    sees.    55,    190. 


38J  ELECTIONS.  Acts  iui2-1018 

TITLE  142. 
ELECTIONS. 
ACT  1012. 

Providing  for  general  primary  elections,  to  promote  the 
purity  thereof  by  regulating  the  conduct  thereof  and  to 
support  the  privilege  of  free  suffrage  thereat  by  pro- 
hibiting certain  acts  and  practices  in  relation  thereto 
and  providing  for  the  punishment  thereof  and  for  other 
purposes.     [Stats.  1897,  p.  115.] 

Cal.    Rep.    Clt.    118,   302;   129,   340. 

Unconstitutional.     (Spier  v.   Baker,   120  Cal.   370.) 
Primary  elections:   See  Political   Code,   sees.   1357-1380. 

ACT  1013. 

Providing  for  a  general  primary  election  in  counties  of  cer- 
tain   classes.      [Stats.    1895,    p.    207.] 
"Unconstitutional.     (Marsh   v.    Hanly,    111   Cal.   363.)     Superseded    by 
Political    Code.    sees.    1357-1375,    added    1901,    606."— Code    Commissioner's 
Note. 

ACT  1014. 

In  relation  to  elections  held  under  the  authority  of  section, 
8,  art.  XI,  of  the  Constitution,  to  elect  boards  of  free- 
holders, or  to  vote  upon  proposed  charters,  or  upon 
amendments  to  existing  charters.  [Stats.  1897,  p.  288.] 
Repealed  1899,  63. 
Cal.    Rep.    Cit.    126,    392. 

ACT  1015. 

To  promote  the  purity  of  elections  by  regulating  the  con- 
duct thereof,  and  to  support  the  privilege  of  free  suf- 
frage by  prohibiting  certain  acts  and  privileges  in  re- 
lation thereto,  and  providing  for  the  punishment  thereof. 
[Stats.  1893,  p.  12.] 

Amended  1895,   227;     1905,   37;     1905,   93. 

Codified  In  part  by  amendments  of  Penal  Code,  1905.  See  r»ote3 
to    §§    42,    42a,    46,    47,    49,    50,    51,    54a,    54b,    57,    57a,    59,    Penal    Code. 

This   act   appears    In    full    In    Political    Cade,    Appendix,    p.    1044. 
Cal.   Rep.   Cit.     141,   415;    141,  416;     146.   314. 

Unconstitutional  in  so  far  as  it  requires  an  oath  of  a  successful 
candidate  for  office,  in  addition  to  that  prescribed  by  the  constitution. 
(Eradley   v.    Clark,   133  Cal.   196.)" — Code   Commissioner's   Note. 

ACT    1016. 

Intoxicating   liquors,    preventing    sale    of    on    election    days. 
[Stats.   1873-4,  p.   297.] 


AcU  1017-1031  ELINORS-EMIGRATION.  890 

ACT   1017. 

Election    tickets,    to    prevent    circulntion    of    bogus,    and    to 
prevent    frauds    upon    voters.      [Stats.    1877-8,    ]>.    ISO.] 
Amended   ISS'J.    209.     Repealed   by   Political  Code,   sees.    1U6,    1197. 

ACT   1018. 

Piece  clubs,  prohibition  of.     [Stats.  1877-8,  p.  236.] 

"Modified,  If  not  repealed,  by  the  purity  of  elections  act,  1893, 
12/'— Code    Commissioner's    Note. 

In  full  In  Appendix  to  Penal   Code,   p.    589. 

ACT  1019. 

Concerning    special    elections.     [Stats.     1877-S,    p.    73.] 
Cal.    Rep.    Clt.     130,    94. 

"Not  repealed,  but  not  applicable  to  existing  laws,  because  there 
Is  now  no  great  register.  As  to  cities,  see  1899,  63." — Code  Commis- 
sioner's Note. 

In   full   in  Appendix  to   Political   Code,   p.    1007. 

ACT    1020. 

Creating  a  state  commission  in  voting  or  balloting  ma- 
chines, denning  their  powers,  and  providing  for  the 
use  at  the  option  of  indicated  local  authorities  if 
voting  or  ballot  machines  for  receiving  and  register- 
ing the  vote  in  one  or  more  precincts  of  any  county, 
or  city  and  county,  city  or  town,  at  any  or  all  elections 
held  therein,  and  for  ascertaining  the  result  at  such 
elections;  and  providing  for  the  punishment  of  all 
violations  of  the  provisions  of  this  act.  [Stats.  1903, 
p.  262.] 
This  act  appears  In   fu'l   in    Political   Code,    Appendix,    p.    1068. 


TITLE   143. 
ELISORS. 
ACT   1026. 

Fees    of.     [Stats.    1873-4,    794.] 

Superseded   by   County   Government  Acts,   1897,   481,    sec.   10B. 


TITLE  144. 
EMIGRATION. 
ACT   1031. 

An  act  to  promote  emigration  from  the  state  of  California. 
[Approved  March  26,  1SS0;  1SS0,  15   (Ban.  ed.  50).] 


391  EMPLOYMENT    AGENTS— ESCAPE.       Acts    1036,    1041 

To   promote    emigration   from   the   state. 

Section  1.  It  shall  be  unlawful  for  the  owners,  officers, 
agents,  or  employees  of  any  steamship  company,  sailing 
vessel,  or  railroad  company,  or  firm  or  corporation,  that 
may  be  engaged  in  this  state  in  the  transportation  of  pas- 
sengers to  and  from  any  foreign  port,  to  withhold  or  refuse 
any  person  or  persons  the  right  to  purchase  a  passage 
ticket  or  tickets  to  any  foreign  country  for  the  reason  that 
he  or  they  have  not  presented  a  certificate,  card,  or  other 
document  whatsoever  showing  that  such  person  has  paid 
in  full,  or  in  part,  any  or  all  dues,  debts,  or  demands,  or 
otherwise,  or  any  sum  whatsoever,  to  any  society,  com- 
pany, corporation,  association,  or  individual,  or  firm; 
and  any  person  or  corporation  who  shall  violate  the  pro- 
visions of  this  section,  or  in  pursuance  of  any  agree- 
ment, oral  or  written,  refuse  to  sell  a  passage  ticket  to 
any  person  to  any  foreign  country,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars;  provided,  that  nothing  in  this  section 
shall  be  construed  in  any  manner  to  apply  to  any  pass- 
port or  other  document  required  by  law  to  be  presented, 
having  the  signature  or  seal  of  any  foreign  consul  resident 
within  this  state. 

Sec.  2.  This  act  shall  take  effect  on  and  after  its-  pas- 
sage. 

TITLE  145. 
EMPLOYMENT    AGENTS. 
ACT  1036. 

Defining   the    duties   and    liabilities    of    employment    agents, 
making   the   violation   thereof    a   misdemeanor   and   fix- 
ing  penalties    therefor.     [Stats.    1903,    p.    14.] 
Amended   1905,    143. 

This   act   appears   in   full   in   Penal   Code,    Appendix,    p.    592. 
Cal.    Rep.   Cit.     144,   235. 


TITLE   146. 

ESCAPE. 
ACT    1041. 

Concerning    the    escape    of    convicts    of    the    state 's    prison. 
[Stats.   1855,  203.J 


Acts  1046-104S,   §  §  1,  2    ESCHEAT— ESTABLISHMENT    OF    TITLES.       392 

This   act    related    to    the   arrest,    trial,    recommitment,    and   punish- 
ment  of   convicts   who  had   escaped. 

Superseded    by    Penal    Code,    sees.    105-11L 


TITLE  147. 
ESCHEAT. 
ACT    1046. 

Concerning    escheated    estates.     [Stats.    1852,    103.] 
Amen-ded    1S55,    221;     1S62,    27;     1S69-70,    72.     Superseded    by    Code    of 
Civil   Procedure,    sees.    1269-1272. 

ACT   1047. 

To  provide  for  the  sale  of  escheated  estates.     [Stats.  1S67- 
8,  215.] 

Superseded  by    Code  of  Civil   Procedure,    sees.   1269-1272 

TITLE   147a. 
ESTABLISHMENT    OF   TITLES. 
ACT  1048. 

An  act  to  provide  for  the  establishment  and  quieting  of  title 
to  real  property  in  case  of  the  loss  or  destruction  of 
public  records. 

[Approved  June   16,  1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  the  public  records  in  the  office  of  a 
county  recorder  have  been,  or  shall  hereafter  be,  lost  or 
destroyed,  in  whole  or  in  any  material  part,  by  flood,  fire  or 
earthquake,  any  .person  who  claims  an  estate  of  inheritance, 
or  for  life  in,  and  who  is  by  himself  or  his  tenant,  or  other 
person,  holding  under  him,  in  the  actual  and  peaceable  pos- 
session of  any  real  property  in  such  county,  may  bring  and 
maintain  an  action  in  rem  against  all  the  world,  in  the  supe- 
rior court  for  the  county  in  which  such  real  property  is  situ- 
ate, to  establish  his  title  to  such  property  and  to  determine 
all  adverse  claims  thereto.  Any  number  of  separate  parcels 
of  land  claimed  by  the  plaintiff  may  be  included  in  the 
same  action. 

Sec.  2.  The  action  shall  be  commenced  by  the  filing  of  a 
verified  complaint,  in  which  the  party  so  commencing  the 
same  shall  be  named  as  plaintiff,  and  the  defendants  shall  be 
described  as  "all  persons  claiming  any  interest  in,  or  lien 
upon  the  real  property  herein  described,  or  any  part  therb*- 
of, "  and  shall  contain  a  statement  of  the  facts  enumerated 
in  section  one  of  this  act,  a  particular  description  of  such 


393  ESTABLISHMENT    OF   TITLES.  Act  1048,  §  §  3,  4 

real  property,  and  a  specification  of  the  estate,  title,  or  inter- 
est of  the  plaintiff  therein. 

Sec.  3.  Upon  the  filing  of  the  complaint,  a  summons  must 
be  issued  under  the  seal  of  the  court,  which  shall  contain  the 
name  of  the  court  and  county  in  which  the  action  is  brought, 
the  name  of  the  plaintiff  and  a  particular  description  of  the 
real  property  involved,  and  shall  be  directed  to  ' '  all  persons 
claiming  any  interest  in,  or  lien  upon  the  real  property  here- 
in described,  or  any  part  thereof,"  as  defendants,  and  shall 
be  substantially  in  the  following  form: 

"In  the  superior  court  of  the  State  of  California  in  and 

for  the  county  (or  city  and  county)  of " 

Action  No 

Plaintiff, 
vs. 
All  persons  claiming  any  interest  in,  or  lien      Action  No..  . . 

upon,  the  real  property  herein   described 

or  any  part  thereof, 

Defendants. 

The  People  of  the  State  of  California,  to  all  persons 
claiming  any  interest  in,  or  lien  upon,  the  real  property 
herein  described  or  any  part  thereof,  defendants,  greeting: 

You  are  hereby  required  to  appear  and  answer  the  com- 
plaint  of    ,   plaintiff,   filed   with   the   clerk   of 

the  above  entitled  court  and  county,  within  three  months 
after  the  first  publication  of  this  summons,  and  to  set  forth 
what  interest  or  lien,  if  any,  you  have  in  or  upon  that  certain 
real  property  or  any  part  thereof,  situated  in  the  county  (or 

city  and   county)   of    ,   State  of  California, 

particularly  described  as  follows:  (Here  insert  description.) 

And  you  are  hereby  notified  that,  unless  you  so  appear  and 
answer,  the  plaintiff  will  apply  to  the  court  for  the  relief 
demanded  in  the  complaint,  to  wit:  (Here  insert  a  statement 
of  the  relief  so  demanded) 

Witness  my  hand  and  the  seal  of  said  court, 
(Seal)   this day  of   A.  D 


Clerk. ' ' 
Sec.  4.  The  summons  shall  be  published  in  a  newspaper  of 
general  circulation  published  in  the  county  in  which  the 
action  is  brought.  The  newspaper  in  which  such  publication 
is  to  be  made  shall  be  designated  by  an  order  of  the  court  or 
a  judge  thereof  to  be  signed  and  filed  with  the  clerk.  No 
other  order  for  the  publication  of  the  summons  shall  be 
necessary,  nor  shall  any  affidavit  therefor  be  required,  nor 


Act  1W8,  §  5,  6  ESTABLISHMENT    OF   TITLES.  394 

need  any  copy  of  the  complaint  be  aerved,  except  aa  here- 
inafter required.  The  aummons  shall  be  published  at  least 
once  a  week  for  a  period  of  two  months,  and  to  each  pub- 
lication thereof  shall  be  appended  a  memorandum  in  sub- 
stance as  follows: 

"The  first  publication  of  this  summons  was  made  in   .... 

(here  insert  name)  newspaper  on  the 

day  of A.  D ,"  (inserting  the  date). 

And  if  the  affidavit  provided  for  in  section  five  of  this  act 
discloses  the  name  of  any  person  claiming  an  interest  in  the 
property,  or  a  lien  thereon  adverse  to  the  plaintiff,  that  fact, 
together  with  the  name  and  address  (if -given)  of  said  person 
shall  be  stated  in  a  memorandum  to  be  appended  to  the  sum- 
mons in  substance  as  follows: 

"The  following  persons  are  said  to  claim  an  interest  in,  or 
lien  upon  said  property  adverse  to  plaintiff."  (giving  their 
names  and  addresses  as  above  provided).  A  copy  of  the  sum- 
mons, together  with  a  copy  of  the  foregoing  memoranda, 
shall  be  posted  in  a  conspicuous  place  on  each  separate  parcel 
of  the  property  described  in  the  complaint  within  fifteen 
days  after  the  first  publication  of  the  summons. 

Sec.  5.  At  the  time  of  filing  the  complaint,  the  plaintiff 
shall  file  with  the  same  his  affidavit,  fully  and  explicitly  set- 
ting forth  and  showing  (1)  the  character  of  his  estate,  right, 
title,  interest  or  claim  in,  and  possession  of  the  property,  dur- 
ing what  period  the  same  has  existed  and  from  whom  ob- 
tained; (2)  whether  or  not  he  has  ever  made  any  conveyance 
of  the  property,  or  any  part  thereof,  or  any  interest  therein, 
and  if  so  when  and  to  whom;  also  a  statement  of  any  and 
all  subsisting  mortgages,  deeds  of  trust,  and  other  liens  there- 
on; (3)  that  he  does  not  know  and  has  never  been  informed 
of  any  other  person  who  claims  or  who  may  claim,  any  in- 
terest in,  or  lien  upon,  the  property  or  any  part  thereof,  ad- 
versely to  him,  or,  if  he  does  know  or  has  been  informed 
of  any  such  person,  then  the  name  and  address  of  such  per- 
son. If  the  plaintiff  is  unable  to  state  any  one  or  mor.> 
of  the  matters  herein  required,  he  shall  set  forth  and  show, 
fully  and  explicitly,  the  reasons  for  such  inability.  Such 
affidavit  shall  constitute  a  part  of  the  judgment  roll.  If  the 
plaintiff  be  a  corporation,  the  affidavit  shall  be  made  by  an 
officer  thereof.  If  the  plaintiff  be  a  person  under  guardian 
ship  the  affidavit  shall  be  made  by  his  guardian. 

Sec.  6.  If  the  said  affidavit  discloses  the  name  of  any 
person  claiming  any  interest  in,  or  lien  upon,  the  property 
adverse    to    the    plaintiff,    the    summons    shall    also    be   per- 


3J4a  ESTABLISHMENT    OF    TITLES.  Act  101S.  §§  r-9 

sonally  served  upon  such  person  if  he  can  be  found  within 
the  State,  together  with  a  copy  of  the  complaint  and  a 
copy  of  said  affidavit  during  the  period  of  the  publi- 
cation of  the  summons;  and  to  the  copy  of  tho  summons 
delivered  to  any  such  person  there  shall  be  appended  a 
copy  of  the  memorandum  proyided  for  in  section  4  hereof. 

If  such  person  resides  out  of  this  state  a  copy  of  the 
summons,  memoranda,  complaint  and  affidavit  shall  be  within 
fifteen  days  after  the  first  publication  of  the  summons  de- 
posited in  the  United  States  post  office,  enclosed  in  a  sealed 
envelope,  postage  prepaid,  addressed  to  such  person  at  the 
address  given  in  the  affidavit  or  if  no  address  be  given 
therein,  then  at  the  county  seat  at  the  county  in  which  the 
action  is  brought.  If  such  person  resides  within  this 
state  and  could  not  with  due  diligence  be  found  within  the 
state,  within  the  period  of  the  publication  of  the  summons, 
then  said  copies  aforesaid  shall  be  mailed  to  him  as  above 
provided  forthwith  upon  the  expiration  of  said  period  of 
publication. 

Sec.  7.  Upon  the  completion  of  the  publication  and  posfc- 
incr  of  the  summons  and  its  service  upon  and  mailing  to  the 
persons,  if  any,  upon  whom  it  is  hereby  directed  to  be  so 
specially  served  the  court  shall  have  full  and  complete 
jurisdiction  over  the  plaintiff  and  the  said  property  and  of 
the  person  of  every  one  having  or  claiming  any  estate, 
right,  title  or  interest,  in  or  to,  or  lien  upon,  said  prop- 
erty, or  any  part  therof,  and  shall  be  deemed  to  have 
obtained  the  possession  and  control  of  said  property  for 
the  purposes  of  the  action,  and  shall  have  full  and  com- 
plete jurisdiction  to  render  the  judgment  therein  which 
is    provided    for    in    this    act. 

Sec.  8.  At  any  time  within  three  months  from  the  fir^t 
publication  of  the  summons,  or  within  such  further  time, 
not  exceeding  thirty  days  as  the  court  may,  for  good 
cause,  grant,  any  person  having  or  claiming  any  estate, 
right,  title  or  interest,  in  or  to,  or  lien  upon,  said  prop- 
erty or  any  part  thereof,  may  appear  and  make  himself 
a  party  to  the  action  by  pleading  to  the  complaint.  All 
answers  must  be  verified  and  must  specifically  set  forth 
the   estate,  right,  title,  interest,   or  lien   so   claimed. 

Sec.  9.  The  plaintiff  must,  at  the  time  of  filing  the  com- 
plaint and  every  defendant  claiming  any  affirmative  relief 
must,  at  the  time  of  filing  his  answer,  record  in  the  office 
of  the  recorder  of  the  county  in  which  the  property  is 
situated,   a   notice   of   the   pendency   of   the   action   contain- 


Act  1048,  J {  10-13        ESTABLISHMENT    OF    TITLES.  334b 

ing  the  object  of  the  action  or  defense,  and  a  particular 
description  of  the  property  affected  thereby;  and  the  re- 
corder shall  record  the  same  in  a  book  devoted  exclusively 
to  the  recordation  of  such  notices  and  shall  enter,  upon 
a  map  or  plat  of  the  parcels  of  land,  to  be  kept  by  him 
for  that  purpose,  on  that  part  of  the  map  or  plat  repre- 
senting the  parcel  or  parcels  so  described  a  reference  to 
the  date  of  the  filing  of  such  notice  and,  when  recorded, 
to    the    book    and    page    of    the    record    thereof. 

Sec.  10.  No  judgment  in  any  such  action  shall  be  given 
by  default;  but  the  court  must  require  proof  of  the  facts 
alleged    in    the    complaint    and    other    pleadings. 

Sec.  11.  The  judgment  shall  ascertain  and  determine  all 
estates,  rights,  titles,  interests  and  claims  in  and  to  sai.l 
property  and  every  part  thereof,  whether  the  same  be  legal 
or  equitable,  present  or  future,  vested  or  contingent,  or 
whether  the  same  consist  of  mortgages  or  liens  of  any 
description  and  shall  be  binding  and  conclusive  upon  ever 
person  who,  at  the  time  of  the  commencement  of  the  ac- 
tion, had  or  claimed  any  estate,  right,  title,  or  interest  in 
or  to  said  property,  or  any  part  thereof,  and  upon  every 
person  claiming  under  him  by  title  subsequent  to  the  com- 
mencement of  the  action.  A  certified  copy  of  the  judg- 
ment in  such  action  shall  be  recorded  in  the  office  of  the 
recorder  of  the  county  in  which  said  action  was  commenced, 
and  any  party  or  the  successor  in  interest  of  any  party 
to  said  action  may,  at  his  option,  file  for  record  in  the 
office  of  the  recorder  of  such  county  the  entire  judgment- 
roll   in   said   action. 

Sec.  12.  Except  as  herein  otherwise  provided,  all  the 
provisions  and  rules  of  law  relating  to  evidence  pleading 
practice  new  trials  and  appeals  applicable  to  other  civil 
actions   shall   apply   to   the   actions   hereby   authorized. 

At  any  time  after  the  issuance  of  the  summons,  any 
party  to  the  action  may  take  depositions  therein  in  cou- 
formity  to  law  upon  notice  to  the  adverse  party  sought 
to  be  bound  by  such  depositions  and  who  have  appeared 
in  the  action  (if  any)  and  upon  notice  filed  with  the  clerk. 
The  depositions  may  be  used  by  any  party  against  any 
other  party  giving  or  receiving  the  notice  (except  the  clerk), 
subject    to    all    just    exceptions. 

Sec.  13.  The  clerk  shall  number  consecutively  in  a  dis- 
tinct  series,   all   actions    hereby    authorized    and    shall    keep 


: 


3C4C  ESTATES   OF   DECEASED   PERSONS.  Acts  1062,  1   53 

an  index  and  register  thereof,   devoted   exclusively   to   such 
actions. 

Sec.  14.  Whenever  judgment  in  an  action  hereby  au- 
thorized shall  have  been  entered  as  to  any  real  property, 
no  other  action  relative  to  the  same  property  or  any  part 
thereof  maintained  under  this  act  shall  be  tried  until 
proof  shall  first  have  been  made  to  the  court  that  all 
persons  who  appeared  in  the  first  action  or  their  successors 
in  interest  have  been  personally  served  with  the  papers 
mentioned  in  section  6  of  this  act,  either  within  or  with- 
out this  state  more  than  one  month  before  the  time  to  plead 
expired. 

Sec.    15.     An     executor,     administrator     or    guardian  or 

other    person    holding    the    possession    of    property    in  the 

right  of  another,   may   maintain,   as   plaintiff,   and   may  ap- 
pear and  defend  in  the  action  herein  provided  for. 

Sec.  16.  The  word  "county"  whenever  used  in  this  act 
includes   and   applies   to    a   consolidated   city   and    county. 

Sec.  17.  The  remedies  provided  for  by  this  act  shall  be 
deemed  cumulative,  and  in  addition  to  any  other  remedy 
now  or  hereafter  provided  by  law  for  quieting  or  establish 
ing  title   to  real  property. 

Sec.  18.  All  actions  authorized  hereby  must  be  com- 
menced before  July  1st,   1909. 

Sec.  19.  This  act  shall  be  in  force  thirty  days  after  its 
passage. 

TITLE  148. 
ESTATES    OF    DECEASED   PEKSONS. 
ACT    1052. 

Estates    of    deceased    persons,    collection    of    savings    bank 
deposits  by  next   of   kin.      [Stats.   1873-4,  p.   132.] 
Air. ended  In  every   section,    1S95,   32. 

This  act  appears  in  full  In  Code  of  Civil  Procedure,  Appendix 
p.   767. 

ACT    1053. 

Estates  of  deceased   persons,  regulating  settlement   of,   sup- 
plementing act  of  May  1,  1851.     [Stats.  1871-2,  p.  696.1 
Repealed    by    Code   of    Civil    Procedure,    sec.    1632. 
Cal.   Rep.   Cit.    52,   188;     63,   350;     66,   57;     71,   73. 

This  act  appears  \n  full  in  Code  of  Civil  Procedure,  Appendix, 
p.  768.  It  provided  for  the  allowance  of  claims  paid  without  legal  for- 
malities. 


Acts  1054-1060,  §§  1,  2  ESTRATS.  3S»M 

ACT  1054. 

To    provide   for   the   summary   sale   of   mines   or   mining   in- 
terests   belonging     to     estates     of     deceased     persons. 
[Stats.    1865-6,   359.] 
Superseded  by  Code  of  Civil  Procedure,   sees.  1529-1633. 

ACT     1055. 

Authorizing  certain  corporations  to  act  as  executor,  ad- 
ministrator, guardian,  assignee,  receiver,  depositary  or 
trustee,  and  in  other  capacities  and  to  provide  for 
and  regulate  the  administration  of  trusts  by  such  cor- 
porations.    [Stats.    1891,    4DU.] 

Amended   1897,    424;     1903,    244;     190f.,    232. 

This  act  appears  In  full  In  the  Appendix  to  the  Civil  Code,  p.  702. 
It  authorized  deposits  to  be  made  with  such  corporations  and  the  re- 
duction of  the  bond  of  an  executor,  guardian,  etc.,  depositing  with 
such  corporation. 


TITLE  149. 

ESTRAYS. 

ACT   1060. 

An  act  relating  to  estrays,  providing  for  taking  them  np 
and  giving  a  lien  on  them  for  all  damages,  costs,  and 
expenses  incurred  by  reason  of  taking  them  up,  and 
repealing  all  other  acts  and  parts  of  acts  now  in 
force   relating   to   estrays. 

[Approved   March   23.   1901.     Stats.    1901,   603.] 
[Amended    1905,   395.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  person  finding  at  any  time  any  estray 
domestic  animal  or  animals  upon  his  premises,  or  upon 
premises  to  which  he  has  the  right  of  possession,  or  upon 
highways  adjacent  thereto,  may  take  up  the  same  and 
have  a  lien  thereon  for  all  expenses  incurred  and  costs 
in  keeping  and  caring  for  said  animal  or  animals,  as 
hereinafter  provided;  and  no  person  shall  remove  them 
from  the  possession  of  the  taker-up,  or  from  the  possen- 
sion  of  the  officer  to  whom  they  may  have  been  delivered, 
except  as  hereinafter  provided. 

Sec.  2.  Any  person  taking  up  an  estray  animal,  or  ani- 
ruals,  shall  confine  the  seme  in  m  secure  place.  :ind  shall 
notify   the   owner   thereof   in  writing  if  known  or  if  the  owner 


395  ESTRAYS.  Act  1060,  §8  3,  4 

is  unknown  within  five  days  file  with  the  county  recorder 
of  the  county  in  which  such  estray  is  found,  a  notice 
containing  a  description  of  the  animal,  or  animals,  taken  up, 
with  the  marks  and  brands,  if  they  have  any,  together  with 
the  probable  value  of  each  animal,  and  a  statement  of  the 
place  where  the  taker-up  found,  and  when  he  has  confined 
the   same. 

The  county  recorder  shall  receive  for  filing  said  notice 
the  sum  of  fifty  cents,  and  shall  keep  said  notice  on  file 
in  his  office  for  five  years,  and  at  the  expiration  of  said 
period  of  five  years,  may  return  the  same  to  the  person 
at  whose  request  the  same  was  filed,  and  on  the  failure  of 
such  person,  or  his  representative,  to  make  demand  there- 
for within  sixty  days  after  the  expiration  of  said  period  of 
five  years,  may  remove  the  same  from  the  files  of  said  office 
and  destroy  the  same.     [Amendment,  Stats.  1905,  395.] 

Sec.  3.  At  any  time  within  thirty  days  from  the  date 
of  the  filing  of  the  notice  specified  in  section  two  of  this 
act,  any  person  claiming  such  estray  animal  or  animals 
shall  appear  and  demand  from  the  taker-up  the  possession 
thereof,  and  shall,  at  the  same  time,  pay  to  the  taker-up 
all  damages,  expenses  and  costs  incurred  by  reason  of  tak- 
ing up  such  animal  or  animals,  and  upon  receiving  such 
damages,  expenses  and  costs,  the  taker-up  shall  immedi- 
ately deliver  to  the  party  claiming  such  animal  or  animals 
the  possession  thereof.  Such  damages,  expenses  and  costs 
shall  be   estimated  as  follows,   to   wit: 

1.  The  total  amount  paid  by  the  taker-up  to  the  county 
recorder; 

2.  The  sum  of  fifteen  cents  per  day  for  the  keeping  and 
care  of  each  horse,  mule,  jenny,  ass,  cow,  bull,  ox,  steer, 
or  calf; 

3.  The  sum  of  five  cents  per  day  for  the  keeping  and 
care  of  each  sheep,  goat,  hog,  or  other  animal  not  herein- 
before specified;  provided,  that  the  taker-up  of  said  ani- 
mal or  animals  must  properly  feed  and  water  the  same 
while  under  his  care;  and  if  he  fail  so  to  do  shall  for- 
feit all  right  of  lien  thereon. 

Sec.  4.  If  the  party  claiming  such  estray  animal  or 
animals  is  dissatisfied  with  the  amount  charged  by  the 
taker-up  for  costs  and  expenses,  he  shall  tender  to  the 
taker-up  the  proper  amount  theTefor,  and  if  the  said 
tender  be  refused,  the  party  claiming  such  estray  animal  or 


Act  1060,  §  5  ESTRATS.  $a« 

animals  shall  -within  ten  days  thereafter  commence,  in  the 
proper  court,  suit  against  the  taker-np  for  the  recovery  of 
the  possession  of  such  estray  animal  or  animals,  in  which 
said  action  the  taker-up  may  set  forth  his  expenses  and  costs, 
and  said  matter,  together  with  accruing  expenses  and  costs 
to  the  time  of  the  entry  of  the  judgment,  shall  be  determined 
by  the  court  in  accordance  with  the  provisions  of  this  act, 
and  the  amount  of  all  such  expenses  and  costs,  and  the  costs 
of  said  action  shall  be  included  in  any  judgment  awarded 
by  said  court,  and  such  costs  in  said  action  shall  be  in  favor 
of  the  plaintiff  in  said  action  and  against  said  defendant, 
if  the  court  shrill  find  that  the  amount  tendered  by  the 
plaintiff  to  the  defendant  was  not  less  than  the  proper 
amount;  otherwise  said  costs  shall  be  in  favor  of  the  de- 
fendant and  against  the  plaintiff.  fy  ithout  the  consent  of 
defendant  in  any  such  action,  no  return  of  such  animal 
or  animals  shall  be  adjudged  until  the  plaintiff  shall  pay 
to  defendant  or  deposit  in  court  payable  to  him,  the 
amount  of  all  such  expenses  and  costs  in  said  action; 
and  in  case  such  payment  or  deposit  be  not  made  within 
ten  days  after  the  same  shall  have  been  determined  by 
the  court,  or  said  action  be  not  prosecuted  with  diligence, 
then  the  said  action  may  be  dismissed  on  motion  of  de- 
fendant without  notice;  in  case  of  such  dismissal,  the 
defendant  shall  have  judgment  for  his  costs.  In  any  such 
action  for  plaintiff  to  recover,  it  shall  be  incumbent  on  him 
to  establish  an  existing  right  in  himself  to  the  possession  of 
such  animal  or  animals. 

Sec.  5.  If  no  person  appears  and  claims  the  animal  or 
animals  taken  up  within  thirty  days  after  the  filing  of 
the  notice  hereinbefore  mentioned  in  section  three  of  this 
act;  or  if  a  person  does  appear  and  claim  -the  animal 
or  animals  taken  up  within  thirty  days  after  the  filing 
of  the  notice  above  referred  to,  but  shall  fail  to  pay  to  the 
taker-up  the  expenses  and  costs  as  provided  in  section 
three  of  this  act,  and  shall  fail  to  commence  and  prose- 
cute with  diligence  an  action  for  the  recovery  of  the  pos- 
session of  such  estray  animal  or  animals  within  the  time 
required  by  section  four  of  this  act;  or  if  said  action  shall 
be  dismissed;  then  the  taker-up  shall,  in  writing,  notify  a 
constable,  or  other  officer  of  the  township  or  county  in 
which  said  animal  or  animals  are  held,  which  notice  shall 
specify  that  he  has  complied  with  all  the  provisions  of  this 
act,  and  that  a  claimant  of  said  animal  or  animals  has  failed 
to  appear  and   claim  the  same  as  herein  provided,  or  if  he 


397  ESTHAYS.  Act  10SO,   §§  B-P 

has  appeared  that  he  has  failed  to  pay  the  expenses  and 
costs  and  has  failed  to  commence  or  prosecute  with  diligence 
an  action  for  the  recovery  of  the  possession  of  such  animal 
or  animals  within  the  time  and  in  the  manner  provided  for 
in  this  act,  or  that  said  action  has  been  dismissed,  and  that 
such  animal  or  animals  are  held  by  him  subject  to  sale. 
Said  constable,  or  officer,  shall  immediately  proceed  to  sell 
such  animal  or  animals  at  public  sale,  in  conformity  with 
the  law  concerning  sales  on  execution,  and  shall  be  entitled 
tc  the  same  fees  as  are  provided  by  law  for  sales  under  exe- 
cution. 

Sec.  6.  Out  of  the  money  realized  from  the  sale  of 
estrays,  the  constable  or  other  officer  shall  first  retain 
his  fees;  he  shall  then  pay  to  the  taker-up  his  expenses 
and  costs  estimated  as  provided  in  section  three  of  this 
act,  or  so  much  thereof  as  the  funds  in  his  hands  will 
permit,  and  the  surplus,  if  any,  he  shall  pay  to  the  county 
treasurer,  to  be  held  by  him  for  the  owner  of  the  estray 
or  estrays  for^which  it  was  received  in  payment.  If  any 
person  or  persons  shall,  within  one  year  thereafter,  prove 
to  the  satisfaction  of  the  board  of  supervisors  of  the  county 
in  which  the  estray  or  estrays  were  sold,  that  he  or  they 
are  entitled  to  the  sum  so  held  by  the  county  treasurer,  or 
any  part  thereof,  the  said  board  of  supervisors  shall  or- 
der such  sum  to  be  paid  over  to  the  person  or  persons;  and 
if  not  so  proven  within  one  year,  then  the  same  shall  be- 
come a   part  of  the   common   school   fnnd   of   said   county. 

Sec.  7.  All  sales  made  by  any  constable,  or  other  offi- 
cer, under  the  provisions  of  this  act,  shall  convey  a  good 
and  valid  title  to  the  purchaser,  and  the  owner  of  the  estray 
or  estrays  so  sold  shall  thereafter  be  barred  from  all  right 
to  recover  the  same. 

Sec.  8.  The  taker-up  of  an  estray  animal  or  animals 
shall  use  reasonable  care  to  preserve  the  same  from  in- 
jury, but  if  an  estray  animal  or  animals  die  or  escape  from 
the  possession  of  the  tak<  r-up  at  any  time  while  he  is 
holding  the  same  under  the  provisions  of  this  act,  the 
taker-up  shall  not  be  held  liable  in  any  manner  on  account 
of  such  animal  or  animals. 

Sec.  9.  Nothing  in  this  act  shall  affect  the  laws  or  regu- 
lations in  force  or  which  may  be  in  force  regarding  es- 
trays, the  poundkeeper,  or  other  pound  officer  within  the 
limits  of  any  city  or  town  where  laws  regarding  estrays  are 
in  force. 


Acta  1061-1066  ESTRAYS.  OS 

Sec.  10.  All  other  acts  and  parts  of  acts  relating  to  es- 
trays  now  in  force    are  hereby  repealed. 

Sec.  11.  This  act  shall  take  effect  from  and  after  its 
passage. 

This  act  and  the  act  of  1897,  198,  repealed  all  prior  acta  relating 
to  estrays.  Many  of  these  acts  are  here  enumerated.  For  acts  relat- 
ing to  any  particular  county,   see  the  particular  county. 

/xCT  1061. 

To   prevent   the   trespassing   of   animals   upon  private   prop- 
erty.    [Stats.  1855,  70.] 

Acts  relating  to  trespassing  animals  were  continued  in  force 
by  Political  Code,  sec  19.  This  act  was  however  repealed  by  the 
general   repealing  clauses   In   the  acts  of  1897,    198,    and  1901,   608. 

ACT  1062. 

Concerning  estray  animals.     [Stats.  1856,  186.] 

See  note  to  act  1061. 
ACT  1063. 

To  prevent  stallions  from  running  at  large  in  Sacramento 
County.     [Stats.  1859,  p.  149.] 

"Extended  and  amended  1860.  107;  1865-6,  327;  1867-8,  70;  1869- 
70,  68;  1878-4,  228.  As  to  penal  clauses,  repealed  by  sec.  6,  Penal  Code; 
and  as  to  other  provisions,  probably  repealed  by  estray  law  of  1897. 
p.    198,    and    1901,    p.    603."— Code   Commissioners'    Note. 

This  act  was  extended  by  later  acts  to  the  following  counties: 
Sutter,  Alameda.  Yuba,  El  Dorado,  Placer,  Santa  Cruz,  Calaveras, 
Amador,  Santa  Clara,  Mariposa,  Merced,  Yolo,  Stanislaus,  Butte,  Men- 
docino, Shasta,  Colusa,  Tehama,  Sonoma,  Siskiyou,  Plumas,  Sierra, 
Monterey,    San  Mateo,   Soncma,   Nevada,   Alpine,    and  Mono. 

ACT  1064. 

Trespassing   animals   in    the   counties   of   Los   Angeles,    San 
Diego,   and   Monterey.     [Stats.    1871-2,   p.   99.] 

Amended  1871-2,  241.  Repealed  as  to  Monterey  County,  1871-2,  566. 
Extended  to  Inyo  County,  1871-2,  668,  chap.  CDL.  Repealed  1897,  198, 
and   1901,    603,    relating   to   estrays. 

ACT  1065. 

Preventing    hogs    running    at    large    in    Susanville,   Lassen 
County,    Sutter    Creek     township    number    two,    Amador 
County,    and    Oroville,     Butte     County.     [Stats.    1871-2, 
p.  510.] 
See   Statute   of  1897,    198,    sec.    9. 

ACT  1066. 

To     protect    agriculture    and    prevent    trespassing    of    ani- 
mals  on    private   property.     [Stats.    1871-2,   p.   563.] 
Probably  superseded  by  1897,  198;     1901,  60S,   chap.   CXCVII,   relating 

to  estrays. 


393  KHTRAT3.  Acts  1067-1073 

ACT  1067. 

Protecting     agriculture      and      preventing      trespassing      of 
animals.      [Stats.   1873-4,  p.  50.] 

Supplemented    1873-4,    179,    474,    705,    824. 
Cal.    Rep.    Clt.    51,    298;     53,    146. 

"Unconstitutional,  In  so  far  as  It  authorizes  Justices  to  enfo-ce 
a   Hen.     (Young   v.    Wright,    52   Cal.    407;     Sutherland   v.    Sweem,    53    Cal. 

Repealed  1S77-8,  176.  (Hanley  v.  Sixteen  Horses,  97  Cal.  182.)"— 
Cede   Commissioner's  Note. 

ACT  1068. 

Hogs  running  at  large  in  certain  towns.  [Stats.  1873-4, 
p.   904.] 

Repealed,   1897,   19S. 

This  act  prevented  hogs  running  at  large  upon  lands  Included  In 
any    townsite    which    had   received   a   patent   un-der   congressional    grant. 

ACT  1069. 

Stanislaus,   Fresno,    and    Sutter   counties,    protection    of   ag- 
riculture  in,   and   prevention   of   trespassing   of   animals 
upon  private  property.     [Stats.  1875-6,  p.  373.] 
Repealed   1897,    198. 
ACT  1070. 

To    prevent    hogs    and    goats    running    at    large    on    certain 
lands.     [Stats.    1875-6,   p.   644.] 
Amended   1877-8,    85.     Superseded   1897,    198. 

This  act  forbade  the  running  at  large  upon  any  townsite  receiv- 
ing patents  under  act  of  congress. 

ACT  1071. 

Concerning  trespassing  of  animals    upon    private    lands    in 
certain   counties.     [Stats.   1877-8,   p.    176.] 

Amended  1877-8,  878.  Superseded  by  the  estray  laws  of  1897,  198, 
and  1901,    603. 

This  act  applied  to  parts  of  San  Bernardino,  El  Dorado,  and 
Tehama  counties,  an-d  to  all  of  Alpine,  Humboldt,  Merced,  Solano, 
Santa  Barbara,  San  Joaquin,  San  Luis  Obispo,  and  Sacramento  coun- 
ties. 

ACT  1072. 

Buck  goats,  to   prevent  running  at  large.        [Stats.   1877-8, 

p.  437.] 

Probably   superseded  by   estray  acts  of  1897,    198,    and  1901,    603. 

ACT  1073. 

"Relating  to  estrays,  and  repealing  all  other  acts  and   parts 
of    acts    now    in    force  relating  to   estrays.     [Stat,   ap- 
proved  March   27,    1897.     Stats.    1897,   198.] 
Repealed   1901,    606. 


Acts  1078-1093  ETNA— EXPLOSIVES. 

TITLE   150. 

ETNA. 
ACT  1078. 

Town    of.   incorporating.      [Stats.   1877-8,   p.    261.] 
See  title  Rough  and  Ready,   post. 


TITLE  151. 

EUREKA. 
ACT  1083. 

To  incorporate.     [Stats.  1850,  102.] 

Amended    I  63-4,    1C5;     1S71-2,   1S6;     1S73-4,   91.     Supplemented 

1875-6.   333.     Amended   1875-6,   334. 

Superseded   by    the    charter   of   Eureka,    Stats.    1895.    356-405. 

ACT  1084. 

Incorporation  of.     [Stats.  1873-4,  p.  91.] 

Supplemented    1875-6,    333.     Amended    1875-6,    334.     Repealed   by   char- 
ter of   Eunka    IS.'.".,    u06. 

ACT  1085. 

To  legalize  the  survey  of  Clark's  addition  to.     [Stats.  1869- 

70,  395.] 
ACT  1086. 

To  cede  property  to  Eureka.     [Stats.  1857,  p.  76.] 
This   act   ceded    to   Eureka   the   entire   water-front   of   the   town. 

ACT  1087. 

Common    council    of    to    sit    as  a    board    of    equalization. 

[Stats.  1S77-S,  p.  184.] 

Superseded   by   charter   of   Eureka,  isa5,    356. 

ACT  1088. 

To  establish  a  police  court  in.     [Stats.  1895,  p.  90.] 
Superseded  by  charter,   1895,   376. 


TITLE  152. 
EXPLOSIVES. 

ACT   1093. 

An    act    to    protect    life    and    property    against    the    careless 

aud    malicious   use   or   handling   of    dynamite    and    other  . 

explosives. 

[Approved  .March   [fl,    1SS7;    18S7,  110.] 


KA  EXPLOSIVES.  Act  1093,  §  §  1-3 

Codified    in   part   by   amendment    of   Penal   Code,    1905.     See   note   to 
§§   375a  and   601,   Penal   Code. 

Keep  record   of   sales. 

Section  1.  It  is  the  duty  of  each  and  every  person, 
contractor,  firm,  association,  joint  stock  company,  and 
corporation,  manufacturing,  storing,  selling,  transferring, 
disposing  of,  or  in  any  manner  dealing  in  or  with,  or  using 
or  giving  out,  nitro-glycerine,  dynamite,  vigorite,  hercules 
powder,  giant  powder,  or  other  high  explosive,  by  what- 
ever name  known,  to  keep  at  all  times  an  accurate  jour- 
n  1,  or  book  of  record,  in  which  must  be  entered,  from 
time  to  time,  as  they  are  made,  each  and  every  sale,  de- 
livery, transfer,  gift,  or  other  disposition  made  by  such 
person,  firm,  association,  joint  stock  company,  or  corpora- 
tion, in  the  course  of  business  or  otherwise,  of  any  quan- 
tity of  such  explosive  substance. 

What  record  must  snow. 

Sec.  2.  Such  journal  or  record  book  must  show,  in  a 
legible  handwriting  to  be  entered  therein  at  the  time,  a 
complete  history  of  each  transaction,  stating  the  name 
and  quantity  of  the  explosive  sold,  delivered,  given  away, 
transferred,  or  otherwise  disposed  of;  the  name,  place 
of  residence,  or  business  of  the  purchaser  or  transferee; 
the  name  of  the  individual  to  whom  delivered,  with  his 
or  her  address,  with  a  description  of  such  individual  suffi- 
cient  to   provide   for   identification. 

Eecords  subject  to  examination  of  peace  officer. 

Sec.  3.  Such  journal  or  record  book  must  be  kept,  by 
the  person,  firm,  association,  joint  stock  company,  or  cor- 
poration so  selling,  delivering,  or  otherwise  disposing  of 
such  explosive  substance  or  substances,  in  his  or  their 
principal  office  or  place  of  business,  at  all  times  subject 
to  the  inspection  a,nd  examination  of  the  peace  officers 
or  other  police  authorities  of  the  state,  county,  city  and 
county,  or  municipality  where  the  same  is  situated,  on 
proper  demand  made  therefor;  any  failure  or  neglect  to 
keep  such  book,  or  to  make  the  proper  entries  therein  at 
the  time  of  the  transaction,  as  herein  provided,  or  to  ex- 
hibit the  same  to  the  peace  officers  or  other  police  authorities 
on  demand,  shall  be  deemed  a  nysdemeanor,  and  punished 
accordingly. 

Gen.  Laws — 26 


Act  1093,  §§4-7  EXPLOSIVES.  *>- 

Forfeiture  in  addition  to  punishment. 

Sec.  4.  In  addition  to  such  punishment,  and  as  a  cumu- 
lative penalty,  such  person,  firm,  association,  joint  stock 
company,  or  corporation  so  offending,  shall  forfeit,  for 
each  offense,  the  sum  of  two  hundred  and  fifty  dollars,  to 
be  recovered  in  any  court  of  competent  jurisdiction,  by 
action  at  law.  The  party  so  instituting  such  actions  shall 
not  be  entitled  to  dismiss  the  Bame  without  consent  of  the 
court  before  which  the  suit  has  been  instituted.  Nor  shall 
any  judgment  recovered  be  settled,  satisfied,  or  dis- 
charged, save  by  order  of  such  court,  after  full  payment 
into  court,  and  all  moneys  so  collected  shall  be  paid  to 
the  party  bringing  the  suit. 

Prohibiting  reckless  possession  of  explosives. 

Sec.  5.  Any  person  who,  in  the  public  street  or  any 
highway  or  any  county,  city  and  county,  city,  or  town  or 
city,  or  at,  in,  or  near  to  any  theater,  hall,  public  or  private 
school,  or  college,  church,  hotel,  or  other  public  building,  or 
.it,  in,  or  near  to  any  private  habitation  or  in,  on  board  of, 
1/  or  near  any  railway  passenger  train,  or  car  or  train,  or 
*  cable  road,  or  enr  of  the  same,  or  steam  or  other  vessel, 
engaged  in  carrying  passengers,  or  ferryboat,  or  other 
public  place  where  human  beings  ordinarily  pass  and 
repass,  shall  recklessly  or  maliciously  have  in  his  or  her 
possession  any  dynamite,  nitro-glycerine,  vigorite,  hgrculi  s 
powder,  giant  powder,  or  other  high  explosive;  or  who 
shall  recklessly  or  maliciously  by  use  of  such  means  in- 
timidate, terrify,  or  endanger  any  human  being,  is  guilty 
of  a  felony,  and  on  conviction  shall  be  punished  accord- 
ingly. 
Defining  reckless  possession. 

Sec.  6.  Any  person  not  regularly  engaged  in  the  manu- 
facture, sale,  transportation,  or  legitimate  use  in  blasting 
operations,  or  in  the  arts,  of  such  substances  as  are 
named  in  this  act,  shall  be  presumed  (prima  facie)  to  be 
guilty  of  a  reckless  and  malicious  possession  thereof, 
within  the  meaning  of  the  foregoing  section,  if  any  such 
substance  is  found  upon  him,  or  in  his  possession,  in  any 
of  the  places,  or  under  any  of  the  circumstances  specified 
in  the  preceding  section. 
Punishment   for   unlawful   possession. 

Sec.   7.     No   person   may   knowingly   keep   or   have   in   his 
or    her    possession    any    dynamite,    vigorite,    nitro-glycerine, 


403  EXPLOSIVES.  Act  1093,  §  $  8,  9 

giant  powder,  hercules  powder,  or  other  high  explosive, 
except  in  the  regular  course  of  business  eaivied  on  by 
such  person,  either  as  a  manufacturer  therecr  or  mer- 
chant dealing  in  the  same,  or  for  use  in  legitimate  blast- 
ing operations,  or  in  the  arts,  or  while  engaged  in  trans- 
porting the  same  for  others,  or  as  the  agent  or  employee 
of  others  engaged  in  the  course  of  such  business  or  opera- 
tions. Any  other  possession  of  any  such  explosive  sub- 
stances as  are  named  in  this  act  is  unlawful;  and  the 
person  so  unlawfully  possessing  it  shall  be  punished  by 
imprisonment  in  the  state  prison  not  exceeding  five  years, 
or  by  fine  not  exceeding  five  thousand  dollars,  or  by  both 
such    fine    and    imprisonment. 

^Malicious    deposit. 

Sec.  8.  Any  person  who  maliciously  deposits  or  ex- 
plodes, or  who  attempts  to  explode,  at,  in,  under,  or  near 
any  building,  vessel,  or  boat,  railroad,  tramroad,  or  cable 
road,  or  any  train  or  car,  or  any  depot,  stable,  car-house, 
theater,  schoolhouse,  church,  dwelling-house,  or  other  place 
where  human  beings  usually  inhabit,  assemble,  frequent,  or 
pass  and  repass,  any  dynamite,  nitro-glycerine,  vi  go  rite, 
giant  or  hercules  powder,  gunpowder,  or  other  chemical  com- 
pound, or  other  explosive,  with  the  intent  to  injure  or  de- 
stroy such  building,  vessel,  boat,  or  other  structure,  or  with 
the  intent  to  injure,  intimidate,  or  terrify  any  human  be- 
ing, or  by  means  of  which  any  human  being  is  injured  or  en- 
dangered, is  guilty  of  a  felony,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  state  prison  not x 
less   than   one   year. 

Transportation  of  high  explosives. 

Sec.  9.  Any  person,  firm,  or  corporation,  who  shall  take,  [/ 
carry,  or  transport,  or  cause  to  be  taken,  carried,  or  trans- 
ported, any  dynamite,  vigorite,  nitro-glycerine,  hercules 
or  giant  powder,  or  other  high  explosive,  |mto  the  limits 
of,  or  through,  or  across  any  incorporated  city  or  town  of 
this  state,  or  into,  through,  or  across  any  harbor  for  ship 
ping,  in  any  manner,  condition,  or  quality,  or  otherwise, 
in  violation  of  the  laws  or  ordinances  of  such  city  or  town, 
or  of  the  laws  or  regulations  governing  such  harbor,  shall, 
in  addition  to  the  penalties  provided  or  imposed  by  such 
laws,  ordinances,  or  regulations,  forfeit  to  the  state  of 
California  all  such  explosive  substances,  as  well  as  the 
cases    inclosing    the    same.     Sneli     forfeiture    may    be    sued 


Act  1094  EXTENSION    OF   TIME.  «H 

for  by  any  citizen  of  the  state,  for  himself  and  the  state; 
ami  the  goods  or  property,  when  so  forfeited  and  recov- 
ered by  judgment  of  the  court,  shall  bo  sold,  and  the 
prooeeds  divided,  tin  citizen  so  suing  taking  one-half  to 
himself  for  bis  own  benefit,  and  paying  the  other  half  into 
the  Btote  treasury.  Suet  actios  may  be  maintained  in 
any  court  of  competent  jurisdiction;  provided,  that  the, 
state  shall  n<  v.  r  be  liable  to  any  cost  or  expense  for  any 
such    suit    or    proee<  ding. 

Police  officer  may  sue  for  forfeitures. 

9cc.  18,  Any  of  the  forfeitures  provided  for  in  this  act 
may  be  taken  advantage  of,  and  sued  for  and  recovered, 
by  any  peace  officer  or  policeman,  member  of  the  police 
force  of  any  city,  city  and  county,  or  town  where  the 
same  arises,  for  his  own  benefit,  notwithstanding  any  Saw, 
ordinance,  or  rule   to  the  contrary. 

Sec.  11.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TITLE    152a. 
EXTENSION  OF  TTMK. 
ACT  1094. 

An  act  to  extend  the  time  for  the  performance  of  any  act 
or  the  taking  of  .any  proceeding  appointed,  required  or 
limited  by  or  in  pursuance  of  law  to  be  performed  or 
taken  on  any  day  or  within  any  time  in  the  month 
of   June,    1  !•<!(),    prior   to    the    last    day   of    said    month. 

[Approved  June  3,   1906.] 

The  people  of  the-  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  l.     Any  act  or  proceeding  appointed,  required  ot 
limitcel  by  or  in  pursuance  of  law  to  be  performed  or  taken 

on  any  day  or  within  any  time  in  the>  month  of  June.  1996, 
prior  tei  the  last  day  of  saiel  month,  may  be  performed  or 
taken  on  any  day  not  later  tiiau  the  tenth  day  of  July, 
A.  D.  I906s  with  the-  same  effect  as  if  it  hael  been  per- 
formed or  taken  on  the  day  or  within  the*  time  wherein  such 
act  or  proceeding  was  so  appointed,  required  or  limited  to 
In-  performed.  The  provisions  of  this  act  shall  not  ap- 
ply  to   criminal    actions. 

Sec.   2.     Ttiis   act  .shall   take   effect   immediately. 


405  FACTORIES— FEEBLE-MINDED    CHILDREN.     Acts  1098-1100 

TITLE  153. 
FACTORIES. 
ACT  1098. 

To   provide   for   the   proper   sanitary   condition   of   factories 
and  workshops,  and  for  the  preservation   of  the  health 
of  the  employees.     [Stats.  1889,  p.  3.] 
Amended  1901,    571;     1903,   16. 
Declared    unconstitutional.     (Sehaezletn    v.    Cabaniss,    135    Cal.    466.) 


TITLE   154. 
FEATHEE   RIVER. 
ACT  1103. 

To  declare  the  bridge  across  Feather  River,  extending  from 
Fifth  Street,  at  the  city  of  Marysville,  in  the  county  of 
Yuba,  to  the  opposite  bank  of  the  said  river,  a  free 
bridge.  [Approved  March  31,  1891.  Stats.  1391,  p. 
263.] 

ACT  1104.  , 

Concerning  survey  of  outlet  of.     [Stats.  1867-8,  p.  91.] 


TITLE   155. 
FEEBLE-MINDED    CHILDREN. 
Consult  the  following   acts:     . 

ACT  1108. 

To  establish  the  "California  home  for  the  care   and   train- 
ing   of   feeble-minded    children,"    and    provide    for    the 
maintenance  of  the   same.     [Approved  March  18,   1885; 
1885,   198.] 
Repealed  1887,   73. 
Cal.    Rep.    Cit.     139,    266;     139,    267. 

ACT  1109. 

I"  To  nrnvifh  for  tiio  government  and  management  of  the 
California  home  for  the  care  and  training  of  feeble- 
minded  children.      [Stats.   1887,  p.  69.] 

Amended    1889,    155.     Supplemented    1S97,    2,    251,    chap.    CLXXXVIII 
'1901,    795. 

Cal.    Rep.     Cit.     136,    267. 


Acts  1110-1115  FEEBLE-MINDED    CHILDREN.  406 

ACT  1110. 

Providing  a  permanent  site  for  the  California  home  for 
the  care  and  training  of  feeble-minded  children. 
[Stats.    1889,    p.    69.] 

ACT  1111. 

To  authorize  and  direct  the  sale  of  the  site  and  buildings 
of  the  California  home  for  the  care  and  training  of 
feeble-minded  children,  in  Santa  Clara  County.  [Ap- 
proved  March   19,   1891.     Stats.   1891,  p.   133.] 

ACT    1112. 

Granting  to  the  board  of  supervisors  of  Sonoma  County, 
California,  right  of  way  through  the  lands  of  the  Cali- 
fornia home  for  the  care  and  training  of  feeble-minded 
children,  to  enable  said  board  of  supervisors  to 
change  the  location  of  the  public  highway  now  trav- 
ersing said  lands.  [Approved  March  23,  1893.  Stats. 
1893,  p.  277.] 

ACT   1113. 

To  authorize,  empower,  and  direct  the  California  home  for 
the  care  and  training  of  feeble-minded  children,  to  ad- 
mit idiots,  epileptics  and  mentally  enfeebled  paralytics 
into  said  institution;  to  provide  for  the  support  of  all 
inmates  therein,  and  to  repeal  all  acts  or  parts  of  acts 
in  conflict  with  the  provisions  of  this  act.  [Approved 
March  31,  1897.  Stats.  1897,  p.  251.] 
Cal.   Rep.   Cit.    139,   265;     139,   266.    . 


ACT  1114. 

To    authorize   and   empower    the   trustees   of   the    California 
home     for     care     and     training     of     feeble-minded     to 
transfer    and    quitclaim    certain    real    property    to    the 
trustees  of  the  town  of  Santa  Clara.     [Approved  Mare 
20,  1903.     Stats.  1903,  319.] 


ACT  1115. 

An  act  to  provide  for  certain  improvements  and  repairs  to 
the  California  Home  for  the  Care  and  Training  of 
Feeble-Mindcd  Children  making  an  appropriation  there- 
for. 

[Approved  June  14,  1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 


: 


407  PEES.  Acts  im,  ll'JO 

Section  1.  The  sum  of  seventy-two  thousand  and  five 
hundred  ($72,500)  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  to  be  paid  to  the 
order  of  the  board  of  managers  of  the  California  Home  for 
the  Care  and  Training  of  Feeble-Minded  Children  for  the 
purpose  of  repairing,  erecting  and  equipping  such  buildings 
as  may  be  deemed  expedient  by  the  board  of  managers  of 
said   home   and   the   state   commission   in   lunacy. 

Sec.  2.  No  moneys  herein  appropriated  shall  be  expended 
except  by  the  authority  and  in  the  manner  provided  for  the 
expenditure  of  moneys  from  the  contingent  fund  of  such 
state  hospital,  as  provided  in  section  2158  of  the  Political 
Code. 

Sec.  3.  The  controller  is  hereby  authorized  to  draw  his 
warrant  in  favor  of  the  board  of  managers  of  the  California 
Home  for  the  Care  and  Training  of  Feeble-Minded  Children, 
for  the  moneys  herein  made  payable,  and  the  treasurer  is 
directed  to  pay  the  same. 

Sec.   4.     This   act  shall   take    effect   immediately. 


TITLE   156. 

FEES. 
ACT  1119. 

To   regulate   fees    and    salaries    of    certain    officers.     [Stats. 
1869-70,  p.   148.] 

Amended  1869-70,  €77,  6S0;  1871-2,  140,  ITS,  1S8,  219,  910;  1873-4,  102, 
204,   212,   8S5;     1875-6,   134;     1877-8,    134,   73S. 

"Repealed,  as.  to  the  salaries  and  fees  therein  named,  by  the 
various  County  Government  Acts,  commencing  with  1883,  299,  and  end- 
ing with  1397,  452.  Repealed  by  fee  bill  of  1895,  267,  as  to  the  officers 
Wierein  nsimed;  aso  repealed  as  to  sundry  counties  by  special  acts 
relating  to  them.  (Swinnerton  v.  Monterey  Co.,  76  Cal.  115:  Sacra- 
mento Co.  v.  Colgan,  114  Cal.  246;  County  of  Yolo  v.  Colgan,  132  Cal. 
265.)" — Code  Commissioner's  Note. 

This  act  was  amended  in  1S71-2,  188,  in  relation  to  jurors'  fees. 
It  was  herd,  in  Carpenter  v.  Jones,  121  Cal.  362,  that  this  act  was  not 
repealed  by  the  codes,  and  had  not  been  repealed  by  any  subsequent 
act  conflicting  therewith,  and  that  a  court  may  refuse  to  try  a  civil 
case  under  that  act  until  the  jury  fees  are  paid  as  therein  provided 
for. 

ACT  1120. 

Concerning    costs    in    civil    actions    for    serving    summonses 
and   subpoenas.     [Stats.   1891,   p.    56.] 

This  act  appears  in  full  in  Code  of  Civil  Procedure,  Appends, 
p.  762.  It  provided  for  fees  where  the  service  was  made  by  a  person 
other  than  sheriff. 


Acts  1121-1123,  §  1  FEES.  fc  - 

ACT  1121. 

To  provide  and  regulate  the  manner  of  receiving  and  pay- 
ing fees,  commissions,  percentages,  and  other  com- 
pensation for  official  services  in  cities  and  cities  and 
COtintiea  having  a  population  of  over  one  hundred 
thousand  inhabitants,  and  prescribing  the  duties  of 
officers  with  reference  thereto.  [Approved  March 
11,   1893.     Stats.    1893,  p.   127.] 

Amended   1S95,    164. 

fneonstitutional.     (Rauer  v.    Williams,    118   Cai.    401.) 

ACT  1122. 

Relating    to    pension    matters    and    claims    against    counties. 
[Stats.  1897,  p.  55.] 
This  act   provided   there  should  be  no  fees  in  these  proceedings. 

ACT  1123. 

To  establish  the  fees  of  county,  township  and  other  offi- 
cers, and  of  jurors  and  witnesses  in  this  state.  [Ap- 
proved March  28,  1895.     Stats.  lMt.',,  p.  2<i7.] 

Cal.  Rep.  Cit.  113,  645;  125,  50;  127,  51;  130,  676;  134,  547;  138,  2/2; 
138,  273;  144,  268. 
"Unconstitutional  as  to  the  requirement  of  a  deposit  on  the  ap- 
praised valuation  of  estates  (Fatjo  v.  Pfistev,  117  Cal.  83);  also  in  so 
far  as  it  provides  that  justices  shall  retain  fees  for  their  own  uss 
(Reid  v.  Grozinger,  115  Cal.  551);  also  as  to  the  amount  of  jti^CMtes' 
fees  generally  (Dwyer  v.  Parker,  115  Cal.  ".11;  see  Cpnley  v.  Calaveras 
Co.,  121  Cal.  4S2) ;  also  as  to  constables  in  counties  of  the  thirty- 
fourth  class  (Kiernan  v.  Swan,  131  Cal.  410)."— Code  Commissioner's 
Note. 

The  act  of  1895   is  as   follows:— 
The  people  of  the  state  of  California,  represented  in  senate 

and  assembly,  do  enact  as  follows: 
Section    1.     The    following    county,    township    and    other 
officers  shall  charge  and  collect  the  following  fees: 

COUNTY   CLERK. 

On  the  commencement  of  any  action  or  proceeding  in  the 
superior  court,  except  probate  proceedings,  or  on  an  appeal 
thereto,  to  be  paid  by  the  party  commencing  such  action  err 
proceeding,  or  taking  such   appeal,   five   dollars. 

On  the  filing  of  a  petition  for  letters  of  administration, 
testamentary  or  guardianship,  five  dollars,  to  be  paid  by 
the  petitioner;  provided,  that  at  the  time  of  tiling  the  in- 
ventory and  appraisement  m  any  such  proceeding  there 
shall    be    an    additional    deposit    of    one    dollar   lor    each    ad- 


409  FEES.  Act  11_J,  {   l 

ditional  thousand  dollars  of  the  appraised  valuation,  in  ex- 
cess of  three  thousand  dollars. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three 
dollars. 

On  the  appearance  of  any  defendant,  or  any  number 
of  defendants  answering  jointly,  to  be  paid  upon  filing  the 
first  paper  in  the  action  by  him  or  them,  two  dollars. 

On  placing  any  action,  excepting  a  probate  proceeding  or 
default  case,  on  the  calendar  for  trial  or  hearing,  to  be 
paid  by  the  party  at  whose  request  such  action  or  proceeding 
is  so  placed,  two  dollars. 

For  every  additional  defendant  appearing  separately,  one 
dollar. 

The  foregoing  fees  shall  be  in  full  for  all  services  ren- 
dered by  such  clerk  in  the  cause,  to  and  including  the 
making  up   of  the  judgment  roll. 

On  the  filing  of  any  notice  of  motion  to  move  for  a 
new  trial  of  any  civil  action  or  proceeding,  the  party  filing 
same  shall  pay  to  the  clerk,  in  full  for  all  services  to  be 
rendered  in  connection  with  said  motion,  except  as  herein- 
after in  this  section  provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any  action, 
one  dollar. 

In  all  proceedings  begun  or  acts  performed  prior  to  this 
act  becoming  a  law,  such  fees  and  charges  as  were  pro- 
vided by  law  at  tht  time  such  proceedings  were  begun  or 
acts  performed. 

The  clerk  shall  also  charge  and  collect  the  following 
fees  and   compensation  not  above  provided  for: 

For  any  copy  of  any  record,  proceeding,  or  paper  on  file 
in  the  office  of  the  clerk  relating  to  any  civil  action  pending 
in  said  court,  when  such  copy  is  made  by  him,  per  folio, 
ten  cents. 

For  each  certificate  of  the  clerk,  under  the  seal  of  the 
court,  twenty-five  cents. 

For  filing  each  claim  in  probate  or  insolvency  proceed- 
ings,  fifteen   cents. 

No  fees  shall  be  allowed  or  charged  by  the  clerk  for 
services  rendered  in  any  criminal  case. 

For  services  rendered  by  the  clerk,  not  in  connection 
with  civil  actions  ot  proceedings  in  court,  he  shall  charge 
and  collect,  for  the  benefit  of  the  county,  the  following 
fees: 

For  issuing  marriage  license,  one  half  to  be  paid  to  the 
county  recorder,  two  dollars. 

For  filing  and  indexing  articles  of  incorporation,  one 
dollar. 


Act  1123.  S  1  PEES.  410 

For  filing  and  indexing  certificates  of  copartnership,  one 
dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by  him, 
other  th,! ii  papers  filed  in  actions  or  proceedings  in  court, 
and  official  bonds  and  certificates  of  appointment,  each, 
twi  nt y  fi\  e   '■<  ' 

For  issuing  any  license  required  by  law,  other  than  mar 
riage  lio  use  s,  one  dollar. 

For  examining  and  certifying  to  a  copy  of  any  paper, 
record,  or  proceeding  prepared  by  another,  and  presented 
for  his  certificate,  fifty  cents,  and  one  cent  per  folio  for 
Comparing   the   said    copy   with    the   original. 

For  making  satisfaction  of  or  credit  on  judgment,  twenty- 
five  cents. 

For  receiving  and  filing  remittitur  from  supreme  court, 
fifty   cents. 

For  administering  each  oath,  without  certificate,  except 
in  a  pending  action  or  proceeding,  ten  cents. 

For  taking  any  affidavit,  except  in  criminal  cases,  twenty- 
five  cents. 

For  taking  and  approving  each  undertaking,  and  the 
justification   thereof,  except  in   criminal  cases,  fifty  cents. 

For  searching  records  or  files,  for  each  year,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instru- 
ment, including  the  certificate,  fifty  cents. 

For  filing  notices  of  appeal  and  appeal  bonds,  each, 
twenty-five  cents. 

SHERIFF. 

For  serving  any  process,  writ,  order  or  paper,  except 
as  hereinafter  provided,  required  by  law  to  be  served  by 
the  sheriff,  fifty  cents. 

For  serving  a  writ  of  attachment,  execution  or  order  for 
the  delivery  of  personal  property,  one  dollar. 

For  taking  any  bond  or  undertaking,  fifty  cents. 

For  serving  an  attachment  or  execution  on  any  ship,  boat 
or  vessel,  three  dollars. 

For  keeping  and  caring  for  property  under  attachment 
or  execution,  such  sum  as  the  court  may  fix;  provided,  that 
no  greater  sum  than  two  dollars  per  day  shall  be  allowed 
to  a  deeper  when   necessarily  employed. 

For  a  copy  of  any  writ,  process  or  paper  actually  made 
by  him,  when  required  or  demanded  according  to  law,  per 
folio,  ten  cents;  provided,  that  when  correct  copies  are 
furnished  to  him  for  use,  no  charge  shall  be  made  for  such 
copies. 


411  FEES.  Act  1123,  g  i 

For  .advertising  sale  of  property  and  posting  notice,  ex- 
clusive of  cost  of  publication,  or  furnishing  notice  for  pub- 
lication, each,  fifty  cents. 

For  publication  of  notice  in  newspaper,  the  reasonable 
cost  of  publication,  subject  to   the  approval  of  the   court. 

For  serving  writ  of  possession  or  restitution,  putting  a 
person  in  possession  of  the  premises  and  removing  the 
occupant,  one  dollar  and  fifty  cents. 

For  subpoenaing  witness,  including  copy  of  subpoena, 
each,  twenty-five  cents. 

For  summoning  trial  jury  of  twelve  or  less,  two  dollars; 
for  each  additional  juror,  ten  cents. 

For  traveling  in  the  service  of  any  paper  required  by 
law  to  be  served,  for  each  mile  actually  and  necessarily  trav- 
eled, one  way  only,  fifteen  cents,  when  such  travel  can 
be  made  by  rail;  in  other  cases,  twenty-five  cents.  No  con- 
structive mileage  to  be  allowed. 

For  collecting  money  on  execution,  with  or  without  levy, 
one  per  cent  on  the  first  thousand  dollars  or  less,  and  one 
half  of  one  per  cent  on  all  sums  over  one  thousand  dollars. 

For  executing  and  delivering  sheriff's  deed,  one  dollar 
and  fifty  cents. 

For  executing  and  delivering  certificate  of  sale,  fifty 
c^nts. 

For  transporting  prisoners  to  the  county  jail,  the  actual 
cost  of  such  transportation. 

For  executing  and  delivering  any  other  instrument,  ten 
cents  per  folio. 

EECOEDEE. 

For  recording  every  instrument,  paper  or  notice  required 
by  law  to  be  recorded,  per  folio,  ten  cents.    . 

For  indexing  every  instrument,  paper  or  notice,  for  each 
name,  ten  cents. 

For  filing  every  instrument  for  record  and  making  the 
necessary  entries  thereon,  twenty  cents. 

For  each  certificate  under  seal,   twenty-five  cents. 

For  every  entry  of  discharge,  credit  or  release  on  the 
margin  of  record,   and  indexing  same,  twenty-five   cents. 

For  searching  the  records  of  his  office,  for  each  year, 
fifty  cents. 

For  abstract  of  title,  for  each  conveyance  or  incumbrance, 
twenty-five  cents. 

For  recording  each  map  or  plat  where  the  same  is  copied 
in  a  book  of  record,  for  each  course,  ten  cents. 

For  recording  each  map  or  plat  where  the  same  is  not 
copied  in  a  book  of  record,  fifty  cents. 


Act  11^3.   §  1  FEES.  iV.' 

For  figures  or  letters  on  maps  or  plats,  per  folio,  ten 
(<nts;  provided,  that  the  fees  for  recording  any  map'  shall 
not  exceed  fifty  dollars. 

For  taking  acknowledgment  of  any  instrument,  fifty 
cents. 

For  recording  marriage  license  and  certificate,  to  be  paid 
by  the  county  clerk,  one  dollar. 

For  recording  transcript  and  all  services  in  estray  cases, 
one  dollar. 

For    recording   each   mark    or   brand,    fifty   cents. 

For  administering  each  oath  or  affirmation  and  certify- 
ing the   same,   twenty-five  cents. 

i.li  sing    and     keeping    each     paper  not    re- 
quired by  '  recorded,  twenty-live  cents. 

The  clerk,  sheriff  and  recorder  shall  account  for  all  fees 
in  this  section  provided  for,  and  the  clerk,  sheriff  and  re- 
corder, unless  otherwise  provided  by  law,  shall  pay  the 
s;niie  to  the  county  treasurer  on  the  first  Monday  of  the 
month  following  their  collection,  as  provided  in  this  act. 

CONSTABLES    AND    MARSHALS. 

For  serving  summons  and  complaint,  for  each  defend- 
ant   served,    fifty    cents. 

For  each  copy  of  summons  for  service,  when  made  by 
him,    t  wenty-nvc    cents. 

For  levying  writ  of  attachment  or  execution,  or  execut- 
ing order  of  arrtst  or  for  the  delivery  of  personal  prop- 
erty,  one    dollar. 

For  serving  writ  of  attachment  or  execution  on  any 
ship,  boat  or   vessel,   three   dollars. 

For  keeping  personal  property,  such  sum  as  the  court 
may  order;  but  no  more  than  two  dollars  per  day  shall 
be  allowed  for  a  keeper  when   necessarily  employed. 

For    taking    bond    or    undertaking,    fifty    cents. 

For  copies  of  writs  and  other  papers,  except  summons, 
complaint  and  subpoenas,  per  folio,  ten  cents;  provided, 
that  when  correct  copies  are  furnished  him  for  use,  no 
charge   shall   be   made   for   such   copies. 

For  serving  any  writ,  notice  or  order,  except  summons, 
complaint  or  subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property, 
jtw.enty-five    cents. 

For    furnishing    notice    for    publication,    twenty-five    cents. 

For  serving  subpoenas,  each  witness,  including  copy, 
twenty-five    cents. 


413  FEES.  Act  1123,  §  1 

For  collecting  money  on  execution,  one  and  one-half  per 
cent. 

For  executing  and  delivering  certificate  of  sale,  fifty 
cents. 

For  executing  and  delivering  constable 's  deed,  one  dol- 
lar   and   fifty    cents. 

For  each  mile  actually  traveled  within  his  township  in 
the  service  of  any  writ,  order,  or  paper,  except  a  warrant 
of   arrest,   in   going   only,   per   mile,   twenty-five   cents. 

For  traveling  outside  of  his  township  to  serve  such 
writ,  order,  or  paper,  in  going  only,  fifteen  cents;  pro- 
vided, that  a  constable  shall  not  be  required  to  travel  out- 
side of  his  township  to  serve  any  civil  process,  order, 
or    paper.     No    constructive    mileage    allowed. 

For  eaeh  mile  necessarily  traveled  within  his  county 
in  executing  a  warrant  of  arrest,  both  in  going  and  re- 
turning from  plaee  of  arrest,  fifteen  cents. 

For  each  mile  traveled  out  of  his  county,  both  going 
and  returning  from  place  of  arrest,  five  cents;  provided, 
that  no  mileage  shall  be  charged  for  a  warrant  of  arrest 
or  criminal  process  served  outside  of  his  township,  except 
such  service  be  approved  in  writing  by  the  district  attor- 
ney of  the  county;  and  provided  further,  that  for  travel- 
ing in  the  performance  of  two  or  more  official  services  at 
the  same  time,  including  the  service  of  civil  process  or 
criminal  warrants,  or  transportation  of  persons  charged 
or  convicted  of  a  criminal  offense,  but  one  mileage  shalJ 
be  charged;  provided,  that  in  criminal  cases  he  shall  not 
receive  more  than  one  hundred  dollars  in  any  one  month, 
and  not  more  than  one  thousand  dollars  in  any  one  year. 
For  executing  a  search  warrant,  such  fees  and  mileage 
as  may  be  allowed  for  executing  warrant  of  arrest. 

For  arresting  prisoner  and  bringing  him  into  court,  one 
dollar. 

For    summoning    a    jury,    two    dollars,    including    mileage. 
For  transporting  prisoners   to   the   county  jail,   the   actual 
cost   of   such    transportation. 

Provided,  that  the  board  of  supervisors  may  reject  all 
bills  presented  to  the  county  by  justices  of  the  peace  and 
constables  for  fees  in  criminal  cases  in  all  cases  of  pro- 
ceedings in  which  the  district  attorney  has  not,  in  writ- 
ing, approved  the  issuance  of  the  warrant  of  arrest. 

County  officers  must,  and  township  officers  may,  demand 
the  payment  of   all   fees  in  civil   cases,   in   advance, 


Act  1123,  §  1  FEES.  414 

JUSTICES    OF   THE    PEACE. 

Justices  of  the  peace  may,  for  their  own  use,  collect 
the   following   fees,    and   no    others: 

Each  justice  of  the  peace  shall  be  allowed,  in  a  civil 
action  before  him,  for  all  services  to  be  performed  by  him 
before  trial,  two  dollars;  and  for  the  trial  and  all  pro- 
ceedings subsequent  thereto,  including  all  affidavits,  swear- 
ing witnesses  and  jury,  and  the  entry  of  judgment  and  is- 
sue of  execution  thereon,  three  dollars;  and  in  all  cases 
where  judgment  is  rendered  by  default  or  confession,  for 
All  services,  including  execution  and  satisfaction  of  judg- 
ment,   two    dollars. 

For  all  services  in  a  criminal  action  or  proceeding, 
whether  on  examination  or  trial,  three  dollars;  provided, 
however,  that  no  more  than  the  sum  of  seventy-five  dol- 
lars in  any  one  month  shall  be  allowed  out  of  the  county 
treasury,  in  misdemeanor   cases,   to   any  one   justice. 

For  taking  bail  after  commitment  by  another  magistrate, 
fifty    cents. 

For  certificate  and  transmitting  transcript  and  papers 
on  appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party 
demanding  the  same,  fifty  cents. 

For  celebrating  a  marriage,  and  returning  a  certificate 
(hereof   to   the   county   recorder,   three   dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for 
the  first  name,  fifty  cents;  for  each  additional  name, 
twenty-five   cents. 

For    taking    depositions,    per    folio,    fifteen    cents. 

For  administering  an  oath,  and  certifying  the  same, 
twenty -five    cents. 

For  issuing  a  commission  to  take  testimony,  fifty  cents. 

For  all  services  connected  with  the  posting  of  estrays, 
one  dollar. 

In  cases  before  the  justice  of  the  peace,  when  the 
venue  shall  be  changed,  the  justice  before  whom  the 
action  shall  be  brought,  for  all  services  rendered,  includ- 
ing the  making  up  and  transmission  of  the  transcript 
and  papers,  shall  receive  one  dollar;  and  the  justice  be- 
fore whom  the  trial  shall  take  place  shall  receive  the  same 
fees  as  if  the  action  had  been   commenced  before  him. 

For  performing  the  duties  of  coroner,  when  the  coroner 
fails  to  act,  the  same  fees  and  mileage  as  are  allowed  the 
eoroner  in  like  cases. 


41S  PEES.  Act  1123.  §  - 

For  issuing  each  process,  writ,  order,  or  paper  required 
by  law  to  be  issued  not  otherwise  herein  provided  for, 
twenty-five    cents. 

For  administering  oath  or  affirmation  not  otherwise 
herein   provided   for,    ten    cents. 

For  each  certificate  or  affidavit  not  otherwise  herein 
provided   for,   twenty-five   cents. 

For  taking  and  approving  bond  or  undertaking,  includ- 
ing the  justification  of  sureties,  fifty  cents. 

19.  Jurors'  and  witness'  fees  shall  be  as  follows: 

JTJEOES'   FEES. 

For  attending  as  a  grand  juror  or  juror  in  the  superior 
court,   for   each   day's   attendance,    per   day,   two    dollars. 

For  attending  justice's  court,  for  each  juror  sworn  to 
try  the   cause,   per   day,   in   civil   cases   only,   two    dollars. 

For  each  mile  actually  traveled  in  attending  court,  as  a 
juror,  except  in  criminal  cases  in  justice's  court,  for 
which  no  allowance  shall  be  made,  in  going  only,  per 
mile,   fifteen   cents. 

WITNESS'  FEES. 

For  each  day's  actual  attendance,  when  legally  required 
to  attend  upon  the  superior  court,  per  day,  two  dollars 
in  civil  cases,  and  one  dollar  and  fifty  cents  in  criminal 
cases. 

Mileage  actually  traveled,  one  way  only,  per  mile,  ten 
cents;  provided,  however,  that  in  criminal  cases,  such  per 
diem  and  mileage  shall  only  be  allowed  upon  a  showing  to 
the  court,  by  the  witness,  that  the  same  are  necessary  for 
the  expenses  of  the  witness  in  attending,  and  the  court 
shall  determine  the  necessity  for  the  same,  and  may  dis- 
allow any  fees  to  a  witness  unnecessarily  subpoenaed. 

For  each  day's  attendance  upon  justice's  court,  in  civil 
cases  only,  when  legally  required  to  attend,  per  day,  .one 
dollar. 

For  each  mile  actually  traveled,  in  civil  cases  only,  in 
justice 's  court,  in   going  only,   ten  cents. 

Witnesses  in  civil  cases  may  demand  the  payment  of 
their  mileage  and  fees  for  one  day  in  advance,  and  when 
so  demanded  shall  not  be  compelled  to  attend  until  the 
same  shall  have  been  paid. 

CORONERS. 
Coroners    may,    for    their   own   use,    collect    the    following 
fees,  and  no  others: 


For  geaeral  servieei  in  holding  an  i  qmst.  t«  n  dollars. 

For    rach    witness    si1  |  •  ■.  .     •  -.  uts. 

For  each  mile  necesiarily  traveled  in  going  te  the  place 
of   the   in  qui  at,   t  w<  aty  fi 

For  directing  or  attending  tin  int<  nm nt  bf  each  body 
ii|ioii    which   an    inquest  n    held,   two   dollars;    which 

ill    be    all    that    he    shall    1>,     entitled    to    <•!, 

When   ad  i    in   tin    place  ol    the  sheriff,  the  same 

iiis  as  are  allowed   tin    sheriff  for  like  aervicea 

1M  T.LIC    ADVIMSTKATOK. 
The     jail. lie     administrator    shall     charge    and     collect    such 

1 1 ■  > sv   or  maj    hereafter  be  allowed  by  law. 

('Dl'XTV   StfttVEYOS, 
rii     county  Surveyor  shall  charge  ami  collect  such  *■ 
are  now  or  may  hereafter  be  allowed  by  law. 

Bee*     -■       '  t     "'lor     eoiiij..  n>ation     shall     \>>      paid 

lor    certificate     of    d(   ■  l.-uat  i..n     ti  :     t  he 

1'nitcil  States,  and  For  making  a  record  thereof;  or  for 
issuing  a  certificate  of  citizenship  to  become  a  citizen  of 
the  United  States,  at  fot  mating  a  record  thereof;  and 
no   fees   an    other  ediKp  ,f'ir  filing  th-> 

utateim  r.t    and  ••)'   b    '-iiiiriitiiT    op   candidate    voted 

for    at    any    puldic    .lection    held    within    the    state;    and    this 

section  shall  apply   to  all   the  counties  in   this  state. 

gee.  3.  All  acts  or  portions  of  acts  inconsistent  herewith 
arc    hen  by    ri'p<  ah  d. 

s»  c.  4.    This  act  shall  take  effect  immediately. 

ACT    1124. 

An  act  for  the  payment  of  the  fees  due  to  trial  jurors, 
who  have  Served  as  such  in  the  superior  court  of  any 
countv  or  city  and  county  of  this  state,  nndt  r  the 
.  act  of    L893. 

[Approved    March    23,    1901.     Stats.    1001,  p.   GS1.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  a>'-(  mlily,  do  enact  as  follows: 
Stcfieii  1.  All  pi  rsons  who  have  attended  as  jurors  in 
the  trial  of  criminal  eases  in  the  superior  court  of  any 
county  or  city  and  county  of  this  state,  since  th.  act  of 
March  twenty-eighth,  eighteen  hundred  and  ninety-five,  and 
pursuant   thereto,  and  have  m>t   bee*  paid   tin    fees  specified 

in  said  act  th.nTor,  shall  reeoiVB  and  Ik  paid  out  of  the 
general    fund    of   such    county   or   city   and   county,   the   sum 


417  FELTON— FENCES.  Acts  1125- It  M 

of  two  dollars  per  day  for  each  day's  attendance  as  such 
juror. 

Sec.  2.  Such  fees  shall  be  paid  by  the  treasurer  of 
such  county  or  city  and  county,  out  of  the  general  fund 
thereof,  upon  the  presentation  of  a  written  demand  sworn 
to  by  the  juror  and  certified  as  correct  by  the  clerk  of  the 
court  wherein  said  services  were  rendered;  said  demand  so 
sworn  to  and  certified  must  contain  the  title  of  the  action 
wherein  such  services  were  rendered,  the  days  and  dates  of 
service,  and-  the  amount  due  the  person  therein  named. 

Sec.  3.  The  demands  for  compensation  for  services  ren- 
dered as  such  juror  mentioned  in  section  two  of  this  act 
shall  be  allowed  and  audited  in  the  same  manner  as  other 
county  or  city  and  county  claims. 

Sec.  4.  The  board  of  supervisors  of  each  county  or  city 
and  county  is  hereby  directed  to  make  all  necessary  and 
suitable  appropriation  for  the  payment  of  the  fees  herein 
provided  for. 

Sec.  5.     This  act  shall  take  effect  immediately. 

ACT   1125. 

An  act  forbidding  the  payment  of  municipal  officers  out  of 
the  funds  of  the  county. 

[Approved  March  8,  1905.     Stats.  1905,  p.  88.] 

Section  1.  In  no  case  shall  the  fees  of  a  city  justice  of 
the  peace,  town  or  city  recorder  or  city  or  town  marshal,  for 
services  in  any  criminal  action,  be  a  charge  against  the 
county. 


TITLE  157. 
FELTON. 
ACT   1129. 

Incorporating.     [Stats.    1877-8,   p.    185.] 


TITLE  158. 
FENCES. 
ACT  1134. 

Concerning  lawful  fences.     [Stats.   1850,   p.   131.] 

Repealed  as   to   many   counties  by   the   statute   of   1S55,    p.    154,    from 
which,    however,    Amador,    Butte,    Calaveras,    Colusa,    Klamath,    Nevada, 
Placer,    San    Bernardino,    San    Diego,    Santa    Barbara,    Shasta,    Siskiyou, 
Gen.  Laws — 27 


AcUs  1135-1140  FENCES.  «S 

Trinity,    Tuolumne,    and    Tuba    counties    were    omitted.     The    statute    of 
1855  was  afterwards  amended   to   Include  Butte,    Calaveras,   and   Nevada 
Special   acts  were   passed   relating   to  other  counties,    but  the  statu ' 
1850    has    apparently    not    been    repealed    as    to    Amador,    Klamath 
Diego,    Santa  Barbara,    Siskiyou,   and   Trinity   counties.'"— Code   Commis- 
sioner's  Note. 

ACT    1135. 

Concerning  lawful  fences.     [Stats.   1855,  p.  154.] 

Amended  1858,  123;  1861,  510,  513;  1863-4,  465;  1877-S,  765.  Supple- 
men  terd   1860,    141. 

This  act  excepted  from  its  operation  the  counties  Of  Butte,  Ama- 
dor, Tuolumne,  Calaveras,  San  Diego,  Nevada,  San  Bernardino,  Colusa, 
Placer,    Santa   Barbara,    Yuba,   Trinity,    Shasta,    Klamath,   and   Siskiyou. 

This  act  and  the  supplementary  act  of  I860,  141,  were  continued 
In  force  by  the  Political  Code,  sec.  19,  and  consequently  the  counties 
to  which  they  apply  are  not  subject  to  the  provisions  of  sec.  841  of  the 
Civil  Code.  (Meade  v.  Watson,  67  Cal.  531.  See,  also,  Gonzales  v. 
Wasson,   51   Cal.    295.) 

ACT    1136. 

Lawful    fences,    supplementing    statute    concerning.      [Stats. 
1860,   p.   141.] 

ACT    1137. 

Concerning  lawful  fences  in  San  Bernardino,  Colusa,  Shasta, 
Tehama,  and  Placer  counties.     [Stats.   1859,. p.  279.] 
Extended  to  Yuba  county,  1S63,  357.    This  latter  act  repealed,   Stats. 

1871-2,   700. 

ACT  1138. 

Division  fences,   construction   of.     [Stats.   1875-6,  p.   175.] 

Amended  1877-8,  765.  Repealed,  as  to  San  Mateo  County,  1S77-8, 
1019. 

This  act  applied  to  the  counties  of  Sacramento,  Solano,  Butter, 
Yuba,  Butte,  Contra  Costa,  San  Joaquin  (parts  of),  Amador,  San  Luis 
Cbispo,  Santa  Barbara,  Ventura,  Tulare,  El  Dorado,  Tuolumnf,  San 
Mateo,   and  Nevada. 

ACT    1139. 

Regulating   the   height   of   division   and   partition   fences   in 
cities.     [Stats.  1885,  p.  45.] 
Cal.   Rep.    Clt.     118,   343. 

Fences  wholly  on  the  land  of  their  owner  excluded  therefrom. 
(Western  etc.    Co.   v.    Knickerbocker,   103  Cal.    111?) 

ACT   1140. 

To  prevent  persons  from  passing  through  inclosures  and 
leaving  them  open,  and  tuning  down  fences  to  make 
passage  through  inclosures.     [Stats.  1871-2,  p.  384.] 

See  sec.    7,    1875-6,   408;     1877-8,   49,    776. 
Cal.    Rep.    Cit     108,   347. 


419  FERRIES.  Acts  1141-1147 

Codified   by   amendment   of   Penal    Code,    1905.    See   note   to    5    602, 
Penal    Code. 

In  full  In  Appendix  to  Penal  Code,  p.  598. 

ACT  1141. 

To  prevent   the  leaving  open   of  inclosures  and  hunting  on 
inclosed  lands.     [Stats.   1875-6,  p.  408.] 

Amended  1877-8,   49,   776. 

In  full  in  Appendix  to  Penal  Code,  p.  599. 


TITLE  159.     • 

FERRIES. 
ACT    1146. 

Concerning    public   ferries    and    toll    bridges.     [Stats.    1855, 
p.  183.] 

Supplemented  1861,  18;  1S62,  247;  1869-70,  887.  Amended  1861,  307; 
1863,  720,  747,  758;  1863-4,  192;  1867-8,  77;  1S73-4,  581.  Superseded  by 
Political   Code,    sec.   2843  et  seq.  » 

Cal.  Rep.  Cit.    7,  115. 

ACT    1147. 

An  act  relating  to  ferries  across  navigable  rivers  sepa- 
rating counties,  and  empowering  the  boards  of  super- 
visors of  such  counties  to  establish  and  maintain  fer- 
ries across  such  rivers,  and  to  pay  the  expense  thereof. 

[Approved  March  16,  1903.     Stats.  1903,  p.  156.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  When  a  navigable  river  forms  a  boundary 
between  two  counties  of  this  state,  the  boards  of  super- 
visors of  such  counties  are  hereby  given  the  power  to 
establish   and  operate  a  ferry  or  ferries  across  such  stream. 

Sec.  2.  Each  of  such  counties  shall  pay  such  proportion 
of  the  expenses  of  establishing  and  operating  said  ferry 
or  ferries  as  may  be  agreed  upon  by  the  boards  of  super- 
visors of  such  counties. 

Sec.  3.  In  case  either  of  said  counties  shall  refuse  to 
enter  into  an  agreement  to  establish  and  operate  such 
ferry  or  ferries,  the  county  situated  upon  the  opposite 
bank  of  such  river  may  establish  and  operate  a  ferry  or 
ferries  across  such  river,  and  such  county  is  hereby  em- 
powered to  acquire  landing  places  for  such  ferry  or  ferries 
on  the  bank  of  such  river  opposite  the  boundary  of  such 
county,  and  may  pay  the   expense  of  establishing  and  ope- 


Acts  1152,   1157,    §    1        FKRRY    DEPOT-FERTILIZERS.  **> 

rating  said  ferry  or  ferries  out  of  the  general  road  fund  of 
such  county. 

Sec.  4.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


TITLE   160. 
FERRY  DEPOT. 
ACT  1152. 

To  provide  for  the  issuance  and  sale  of  state  bonds  to 
create  a  fund  for  the  construction  and  furnishing,  by 
the  board  of  state  harbor  commissioners,  of  a  gen- 
eral ferry  and  passenger  depot  in  the  city  and  county 
of  San  Franciscoj  to  create  a  sinking  fund  for  the  pay- 
ment of  said  bonds,  and  providing  for  the  submission 
of  this  act  to  a  vote  of  the  people.  [Approved  March 
17,  1891.  Stat.  1891,  p.  110.  J 
Cal.   Rep.   Cit.    Ill,   582. 


TITLE  161. 
FERTILIZERS. 
ACT  1157. 

An  act  to  regulate  the  sale  or  commercial  fertilizers  or  ma- 
terials used  for  manurial  purposes,  and  to  provide  pen- 
alties for  the  infraction  thereof,  and  means  for  the  en- 
forcement of  the  act. 

[Approved  March  20,  1903.     Stats.  1903,  p.  259.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Every  lot,  parcel,  or  package  of  commercial 
fertilizers  or  materials  to  be  used  for  manurial  purposes 
(excepting  the  dung  of  domestic  animals),  sold,  offend,  or 
exposed  for  sale,  within  this  state,  shall  be  accompanied 
by  a  plainly  printed  label,  stating  the  name,  brand,  and 
trademark,  if  any  there  be,  under  which  the  fertilizer  is 
sold,  the  name  and  address  of  the  manufacturer,  importer, 
or  dealer,  the  place  of  manufacture,  and  a  chemical  analy- 
sis, stating  the  percentages  claimed  to  be  therein;  of 
nitrogen,  specifying  the  form  or  forms  in  which  it  is  pres- 
ent; of  phosphoric  acid,  available  and  insoluble;  and  of  pot- 
ash, soluble  in  distilled  water,  and  the  materials  from  which 
all  of  said  constituents  are  derived.  All  analyses  are  to  be 
made  according  to  the  methods  agreed  upon  by  the  American 


421  FERTILIZERS.  Act  1157,  §§2-1 

association  of  official  agricultural  chemists.  In  the  case  of 
those  fertilizers,  the  selling  price  of  which  is  less  than  eight 
dollars  ($8)  per  ton,  said  lable  need  only  give  a  correct  gen- 
eral statement  of  the  nature  and  composition  of  the  fertil- 
izer it  accompanies. 

Sec.  2.  No  person  shall  sell,  offer,  or  expose  for  sale  in 
this  state,  any  pulverized  leather,  hair,  ground  hoofs,  horns, 
or  wool  waste,  raw,  steamed,  roasted,  or  in  any  form  as  a 
fertilizer,  or  as  an  ingredient  of  a  fertilizer  or  manure,  with- 
out an  explicit  statement  of  the  fact;  said  statement  to  be 
conspicuously  affixed  to  every  package  of  such  fertilizer  or 
manure,  and  to  accompany  and  go  with  every  lot,  parcel,  or 
package  of  the  same. 

Sec.  3.  The  manufacturer,  importer,  agent  of,  or  dealer 
in  any  commercial  fertilizers,  or  materials  used  for  manu- 
rial  purposes,  the  selling  price  of  which  to  the  consumer 
is  eight  ($8)  dollars  or  more  per  ton,  shall,  before  the  same 
is  offered  for  sale,  obtain  a  certificate  of  registration  from 
the  secretary  of  the  board  of  regents  of  the  University  of 
California,  countersigned  by  the  director  of  the  agricultural 
experiment  station  of  the  said  university,  authorizing  the 
sale  of  fertilizers  in  this  state,  and  shall  securely  fix  to 
each  lot,  parcel,  or  package  of  fertilizer  the  word  ' '  Regis- 
tered" with  the  number  of  registry.  The  manufacturer, 
importer,  agent,  or  dealer  obtaining  such  registry,  shall  pay 
to  the  said  secretary  the  sum  of  fifty  ($50)  dollars,  to  be  ap- 
plied as  provided  in  section  nine  of  this  act;  such  registra- 
tion shall  expire  on  the  thirtieth  day  of  June  of  the  fiscal 
year  for  which  it  was  given;  provided,  the  provisions  of  this 
dection  shall  not  apply  to  any  agent  Whose  principals  shall 
have  obtained  a  certificate  of  registration  as  herein  provided. 
Every  such  manufacturer,  importer,  agent,  or  dealer,  who 
makes  or  sells,  or  offers  for  sale,  any  such  substances,  under 
a  name  or  brand,  shall  file,  on  or  before  the  first  day  of  July, 
in  each  year,  a  statement,  under  oath,  with  said  director, 
stating  such  name  or  brand,  and  stating  the  component  parts 
in  accordance  with  the  provisions  of  section  one  of  this  act, 
of  the  substances  to  be  sold,  or  offered  for  sale,  or  manufac- 
tured under  each  such  name  or  brand. 

Sec.  4.  The  said  director  shall  annually,  on  or  before 
the  first  day  of  September,  take  samples  in  accordance  with 
the  provisions  of  section  five  hereof  of  the  substance  made, 
sold,  or  offered  for  sale,  under  every  such  name  or  brand, 
and  cause  analyses  to  be  made  thereof  in  accordance  with 
the  provisions  of  section  one  hereof,  and  said  analyses  may 


Act  1137,  S  5  FERTILIZERS.  421 

include  such  other  determinations  as  said  director  may  at 
any  time  deem  advisable.  Dealers  in,  or  manufacturers  of 
fertilizers,  must  give  free  access  to  the  director  of  the  agri- 
cultural experiment  station,  or  his  duly  authorized  deputy,  to 
all  the  materials  which  they  may  place  on  the  market  for 
sale  in  California.  Whenever  the  analysis  certified  by  the 
said  director  shall  show  a  deficiency  of  not  more  than  one 
fourth  of  one  per  cent  of  nitrogen,  or  one  per  cent  of  soluble 
<>r  available  phosphoric  acid,  or  one  half  of  one  per  cent  of 
potash  soluble  in  distilled  water,  the  statement  of  the  manu- 
facturer or  importer,  as  required  in  section  one  of  this  act, 
shall  not  be  deemed  to  be  false  in  the  meaning  of  this  act; 
provided,  that  this  act  shall  not  apply  to  sales  of  fertilizing 
materials  made  to  a  registered  manufacturer  of  fertilizers, 
or  to  sales  for  export  outside  of  this  state;  provided  fur- 
ther, that  the  said  director  of  the  agricultural  experiment 
station  of  the  University  of  California  shall,  upon  the  re- 
ceipt of  a  sample  of  fertilizer,  accompanied  with  a  nominal 
fee  of  two  ($2)  dollars,  furnish  to  the  user  of  said  commer- 
cial fertilizer,  such  examination  or  analysis  of  the  sample  as 
will  substantially  establish  the  conformity  or  non-conformity 
of  the  said  fertilizer  to  the  guarantee  under  which  it  was 
sold. 

Sec.  5.  The  director  of  the  agricultural  experiment  station 
of  the  University  of  California,  in  person  or  by  deputy,  is 
hereby  authorized  to  take  a  sample  not  exceeding  two 
pounds  in  weight  for  analysis  by  the  said  director,  or  his 
deputies,  from  any  lot,  parcel,  or  package  of  fertilizer,  or 
material,  or  mixture  of  materials  used  for  mammal  pur- 
poses, which  may  be  in  the  possession  of  any  manufacturer, 
importer,  agent,  or  dealer,  but  said  sample  shall  be  drawn 
in  the  presence  of  said  party  or  parties  in  interest,  or  their 
representatives.  In  lots  of  five  tons  or  less,  samples  shall 
be  drawn  from  at  least  ten  packages,  or,  if  hss  than  ten 
packages  are  present,  all  shall  be  sampled;  in  lots  of  over 
five  tons,  not  less  than  twenty  packages  shall  be  sampled. 
The  samples  so  drawn  shall  be  thoroughly  mixed,  and  from 
it  two  equal  samples  shall  be  drawn  and  placed  in  glass  ves- 
sels carefully  sealed,  and  a  label  placed  on  each,  stating  the 
name  or  brand  of  the  fertilizer  or  material  sampled,  the 
name  of  the  party  from  whose  stock  the  sample  was  drawn, 
and  the  time  and  place  of  drawing;  and  said  label  shall 
be  signed  by  the  said  director  or  his  deputy  making  such  in- 
smctton,  and  by  the  party  or  parties  in  interest,  or  their 
representatives  present  at  the  drawing  and  sealing  of  said 
samples      One  of  said  duplicate  samples  shall  be  retained  by 


428  FERTILIZERS.  Act  1157,  §  §  6-10 

the  party  whose  stock  was  sampled,  and  the  other  by  the 
director  of  the  agricultural  experiment  station  of  the  Uni- 
versity of  California. 

Sec.  6.  The  director  of  the  agricultural  experiment  sta- 
tion of  the  University  of  California  shall  publish  in  bulletin 
form,  from  time  to  time,  at  least  annually,  the  results  of  the 
analyses  hereinbefore  provided,  with  such  additional  infor- 
mation as  circumstances  may  advise. 

Sec.  7.  There  is  hereby  appropriated  for  the  use  of  the 
agricultural  experiment  station  of  the  University  of  Cali- 
fornia at  Berkeley,  Alameda  County,  as  set  forth  in  this 
act,  out  of  any  moneys  in  the  treasury  not  otherwise  ap- 
propriated, the  sum  of  eighteen  hundred  ($1,800)  dollars 
for  the  equipment  of  a  laboratory,  with  the  chemicals  and 
apparatus,  and  other  incidentals  necessary  to  the  successful 
prosecution  of  the  work. 

Sec.  8.  In  order  to  further  provide  for  the  necessary 
expenses  of  this  work,  there  shall  be  paid  by  the  manu- 
facturer, importer,  agent,  or  dealer,  twenty-five  cents  for 
every  ton  of  fertilizer  sold,  the  selling  price  of  which  to  the 
consumer  is  eight  ($8)  dollars  or  more  per  ton.  A  statement 
sworn  to  by  the  manufacturer,  importer,  agent,  or  dealer,  of 
such  sales,  shall  be  rendered  quarterly  to  the  secretary  of 
the  board  of  regents  of  the  University  of  California,  ac- 
companied by  the  corresponding  amount  of  special  license 
fee  as  above  specified;  provided,  that  whenever  the  manufac- 
turer or  importer  shall  have  paid  the  special  license  fee 
herein  required,  for  any  person  acting  as  agent  or  seller  for 
such  manufacturer  or  importer,  such  agent  or  seller  shall  not 
be  required  to  pay  the  special  license  fee  named  in  this  sec- 
tion. On  receipt  of  said  special  license  fee  and  statement, 
the  said  secretary  shall  issue  to  the  manufacturer,  importer, 
agent,  or  dealer,/  a  certificate  of  compliance  with  this  section. 

Sec.  9.  All  moneys,  whether  received  from  registry 
and  analytical  fees  or  special  licnse  fees,  shall  be  paid 
to  the  secretary  of  the  board  or  regents  of  the  University 
of  California,  for  the  use  of  said  board  in  carrying  out 
the  provisions  of  this  act. 

Sec.  10.  Any  party  selling,  offering,  or  exposing  for 
sale,  any  commercial  fertilizer  without  the  statement  re- 
quired by  section  one  of  this  act,  or  with  a  label  stating 
that  said  fertilizer  contains  a  larger  percentage  of  any 
one  or  more  of  the  constituents  mentioned  in  said  section 
than   is   actually  contained   therein,   except   as   provided   for 


Acts  1162-1168 


FIDDLETOWN-FIRE. 


at 


in  section  four,  or  respecting  the  sale  of  which  all  the 
provisions  of  this  act  have  not  been  fully  complied  with, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thi  reof  before  any  court  of  competent  jurisdiction, 
shall  be  fined  in  a  sum  not  less  than  fifty  ($50)  dollars 
and  costs  of  action  for  the  first  off  cusp,  and  one  hundred 
($100)  dollars  and  costs  of  the  action  for  each  subsequent 
offense.  Said  fines  to  be  paid  into  the  school  fund  of  the 
county    in    which    conviction    is    had. 

11.  In  any  action,  civil  or  criminal,  in  any  court 
in  this  slate,  a  certificate  under  the  hand  of  said  director, 
and  the  seal  of  said  university,  stating  the  results  of  any 
analysis,  purporting  to  have  been  made  under  the  pro- 
visions oi  this  act,  shall  be  prima  facie  evidence  of  the 
fact  th.it  the  sample  or  samples  mentioned  in  said  analysis 
or  certificate  were  properly  analyzed  as  in  this  act  pro- 
vided; that  Bnch  samples  were  taken  as  in  this  act  pro- 
vided; that  the  substances  analyzed  contained  the  com- 
ponent parts  stated  in  such  certificate  and  analysis;  and 
that  the  sample'!  were  taken  from  the  parcels  or  packages 
or  lots  mentioned  or  described  in  said  certificate. 

Sec.   12.     This  act  shall  take  effect  and  be   in   force  from 
and  after  July  first,  nineteen  hundred  and  three. 


TITLE  162. 
FIDDLETOWN. 
ACT    1162. 

To    prevent    hogs    and    goats    running   at    large    in.      [Stats. 
1873-4,  p.  319.] 
See   sec.    9,    Stats.    1S97,    198;     sec.    10,    Stats.   1901,   603. 

ACT    1163. 

Name    changed    to    Oleta.     [Stats.    1877-8,    p.    109.] 


TITLE   163. 
FIRE. 
ACT    1168. 

Forest    fires    on    public    lands,    act    to    prevent    destruction 
by.     [Stats.  1S71-2,  p.  96.] 
Cal.   Rep.    Clt.    90.   109. 

Codified    by    amendment    of    Penal    Code,    1905.     See    note    to    J    :<»4. 
Penal  Code. 

In   full   In    Appendix   to   Penal   Code,    p.    600. 


424a  FIRE    DEPARTMENT.  Acts  1169,  1173,  §  §  1.  2 

ACT    1169. 

To  prevent  the   destruction  by  fire  of  the  property  of  con- 
tiguous owners.      [Stats.   1S91,  p.   473.] 
Cal.   Rep.    Cit.     109,   95. 

This    act    made    it    a    misdemeanor    to    start   a    fire    in    hay,    grain, 
stubble,    or   grass   without   first   taking   certain   precautions. 

Codified— by    amendment   of   Penal   Code,    1905.     See   note   to    8    384a, 
Penal    Code. 

In  full  In  Appendix  to  Penal   Code,   p.   G01. 


TITLE   164. 
FIEE    DEPARTMENT. 
ACT    1173. 

An  act  to  create  a  firemen's  relief,  health,  and  life  insurance 
and  pension  fund  in  the  several  counties,  cities  and 
counties,  cities,   and   towns  of   the   state. 

[Approved  March  20,  1905.     Stats.  1905,  p.  412.] 

Section  1.  The  chairman  of  the  board  of  supervisors  of 
the  county,  city  and  county,  city  or  incorporated  town  in 
which  there  is  no  board  of  fire  commissioners,  the  treasurer 
of  the  county,  city  and  county,  or  incorporated  town,  and 
the  chief  of  the  fire  department,  and  their  successors  in 
office,  are  hereby  constituted  a  board  of  trustees  of  the  fire- 
men's relief  or  pension  fund  of  the  fire  department,  to  pro- 
vide for  the  disbursement  of  the  same  and  to  designate  the 
beneficiaries  thereof  as  hereinafter  directed,  which  board 
shall  be  known  as  the  "Board  of  Firemen's  Pension  Fund 
Commissioners";  provided,  however,  that  where  there  is  in 
any  county,  city  and  county,  city,  or  town,  a  board  of  fire 
commissioners,  then  such  body  shall  constitute  said  board 
of  trustees  of  the  firemen's  relief  and  pension  fund  of  the 
fire   department. 

Sec.  2.  They  shall  organize  as  such  board  by  choosing 
one  of  their  number  as  chairman,  and  by  appointing  a  sec- 
retary. The  treasurer  of  the  county,  city  and  county,  city, 
or  town,  shall  be  ex-officio  treasurer  of  said  fund.  Such 
board  of  trustees  shall  have  charge  of  and  administer  said 
fund,  and  to  order  payments  therefrom  in  pursuance  of  the 
provisions  of  this  act.  They  shall  report  annually,  in  the 
month  of  June,  to  the  board  of  supervisors,  or  other  govern- 
ing authority  of  the  county,  city  and  county,  city,  or  in- 
corporated town,  the  condition  of  the  firemen's  relief  and 
pension  fund,  and  the  receipts  and  disbursements  on  account 


Act  1173,  §§  3-5  FIRE    DEPARTMENT.  *24b 

of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries 
of  said  fund  and   the  amounts  paid   them. 

Sec.  3.  Whenever  any  person  at  the  taking  effect  of  this 
act,  or  thereafter  shall  have  been  duly  appointed  or  selected 
and  sworn,  and  have  served  for  twenty  years,  or  more,  in  the 
aggregate,  as  a  member,  in  any  capacity  or  any  rank  what- 
ever, of  the  regularly  constituted  fire  department  of  any  such 
county,  city  and  county,  city,  or  town  which  may  hereafter 
be  subject  to  the  provisions  of  this  act,  said  board  may, 
if  it  see  fit,  order  and  direct  that  such  person  after  becoming 
sixty  years  of  age  be  retired  from  further  service  in  such  fire 
department,  and  from  the  date  of  the  making  of  such  order 
the  service  of  such  person  in  such  fire  department  shall  cease, 
and  such  person  so  retired  shall  thereafter,  during  his  life- 
time, be  paid  from  such  fund  a  yearly  pension  equal  to  one- 
half  of  the  amount  of  salary  attached  to  the  rank  which  he 
may  have  held  in  said  fire  department  for  the  period  of  one 
year  next  preceding  the  date  of  such  retirement. 

Sec.  4.  Whenever  any  person,  while  serving  as  a  fireman 
in  any  such  county,  city  and  county,  city,  or  town,  shall 
become  physically  disabled  by  reason  of  any  bodily  injury 
received  in  the  immediate  or  direct  performance  or  discharge 
of  his  duty  as  such  fireman,  said  board  may,  upon  his  written 
request,  or  without  such  request,  if  it  deem  it  to  be  for  the 
good  of  said  fire  department  force,  retire  such  person  from 
said  department,  and  order  and  direct  that  he  shall  be  paiil 
from  said  fund,  during  his  lifetime,  a  yearly  pension  equal  to 
one-half  of  the  amount  of  salary  attached  to  the  rank  which 
he  may  have  held  on  such  fire  department  force  at  the  date 
of  such  retirement,  but  on  the  death  of  such  pensioner  his 
heirs  or  assigns  shall  have  no  claim  against  or  upon  such  fire- 
men's  relief  or  pension  fund;  provided,  that  whenever  such 
disability  shall  cease  such  pension  shall  cease,  and  such  per- 
son shall  be  restored  to  active  service  at  the  same  salary 
he  received  at  the  time  of  his  retirement. 

Sec.  5.  No  person  shall  be  retired,  as  provided  in  the  next 
preceding  section,  or  receive  any  benefit  from  said  fund,  un- 
less there  shall  be  filed  with  said  board  certificates  of  his 
disability,  which  certificates  shall  be  subscribed  and  sworn 
to  by  said  person,  and  by  the  county,  city  and  county,  city, 
or  town  physician  (if  there  be  one),  and  two  regularly  li 
censed  practicing  physicians  of  such  county,  city  and  county, 
city,  or  town,  and  such  board  may  require  other  evidence  of 
disability  before  ordering  such  retirement  and  payment  as 
aforesaid. 


424C  FIRE    DEPARTMENT.  Act  1173,  §§  6  J 

Sec.  6.  Whenever  any  member  of  the  fire  department  of 
such  county,  city  and  county,  city,  or  town,  shall  lose  his 
life  while  in  the  performance  of  his  duty,  leaving  a  widow, 
or  child  or  children  under  the  age  of  sixteen  years,  then 
upon  satisfactory  proof  of  such  facts  made  to  it,  such  board 
shall  order  and  direct  that  a  yearly  pension,  equal  to  one- 
third  the  amount  of  the  salary  attached  to  the  rank  which 
such  member  held  in  said  fire  department  at  the  time  of  his 
death,  shall  be  paid  to  such  widow  during  her  life,  or  if 
no  widow,  then  to  the  child  or  children,  until  they  shall  be 
sixteen  years  of  age;  provided,  if  such  widow,  or  child  or 
children,  shall  marry,  then  such  person  so  marrying  shall 
thereafter  receive  no  further  pension  from  such  fund. 

Sec.  7.  Whenever  any  member  of  the  fire  department  of 
such  county,  city  and  county,  city,  or  town,  shall,  after  ten 
years  of  service,  die  from  natural  causes,  then  his  widow  or 
children,  or  if  there  be  no  widow  or  children,  then  his  mother 
or  unmarried  sisters,  shall  be  entitled  to  the  sum  of  one  thou- 
sand  dollars  from  such  fund. 

Sec.  8.  Any  person  retired  for  disability  under  this  act 
may  be  summoned  before  the  board  herein  provided  for  at 
any  time  thereafter,  and  shall  submit  himself  thereto  for 
examination  as  to  his  fitness  for  duty,  and  shall  abide  the 
decision  and  order  of  such  board  with  reference  thereto; 
and  all  members  of  the  fire  department  force  who  may  be 
retired  under  the  provisions  of  this  act  shall  report  to  the 
chief  of  the  fire  department  of  the  county,  city  and  county, 
city,  or  town  where  so  retired,  on  the  first  Mondays  of  April, 
July,  October,  and  January  of  each  year;  and  hi  cases  of 
great  public  emergency  may  be  assigned  to  and  shall  per- 
form such  duty  as  said  chief  of  the  fire  department  may 
direct;  and  such  persons  shall  have  no  claim  against  the 
county,  city  and  county,  city,  or  town,  for  payment  for  such 
duty  so  performed. 

Sec.  9.  When  any  person  who  shall  have  received  any 
benefit  from  said  fund  shall  be  convicted  of  any  felony,  or 
shall  become  an  habitual  drunkard,  or  shall  become  a  non- 
resident of  this  state,  or  shall  fail  to  report  himself  for  ex- 
amination for  duty  as  required  herein,  unless  excused  by  the 
board,  or  shall  disobey  the  requirements  of  said  board  under 
this  act,  in  respect  to  said  examination  or  duty,  then  such 
board  shall  order  that  such  pension  allowance  as  may  have 
been  granted  to  such  person  shall  -immediately  cease,  and 
such  person  shall  receive  no  further  pension,  allowance,  or 
benefit  under  this  act. 


Ac*  1173,  §§  10-12  FIRE    DEPARTMENT. 

Sec.  10.  Tie  board  hen  in  provided  for  shall  hold  quar- 
d  rlv  meetings  Oh  the  first  Mondays  of  April,  July,  October, 
and  January  at  eaftll  yar.  and  upon  tlie  call  of  its  president; 
it  shall  l>i(  nniallv  adll  <t  from  its  iniinlnTS  a  president  and 
secretary;  it  sliall  issue  warrants,  signed  by  its  president  and 
secretary,  to  the  prisons  entitled  thereto  of  the  amount  of 
money  vrdf  ml  paid  to  such  persons  from  such  fund  by  said 
board,  whii  h  warrant  shall  state  for  what  purpose  such  pay 
ment    is  to  be  made;   it   sliall   keep  a  record  of  all  its  proceed 

inurs,  Which   r >rd   shall   he   a   public   record;   it  shall,  at  each 

rtezly  meeting,  send  to  the  treasurer  of  the  county,  city 
and  county,  city,  or  town,  and  to  the  auditor  of  such  county. 
City  and  eoanty,  City,  or  town,  a  written  or  printed  list  of 
all  persons  entitled  to  payment  from  the  fund  herein  pro 
vided  for,  stating  the  amount  of  sueh  payments  and  for 
what  gf&nted,  which  list  shall  be  certified  to  and  signed  by 
the  president  ami  secretary  of  surh  board,  attested  under 
oath.     The  auditor  shall   therrupon  enter  a  copy  of  said   list 

upon  a  1 b   <o  |..    kept   for  that  purpose,  and  which  shall  be 

known    as    "The    firemen's    relief    and    pension    fund    book." 

When   such   list   has  been  entered   by   the  auditor,  he  shall 

transmit  the  -ante  to  the  board  of  su  pervisors,  or  other  gov- 
erning authority  of  such  county,  city  and  county,  city,  or 
town,  which  board  of  authority  shall  order  the  payment  of 
the  amounts  named  therein  out  of  "The  firemen's  relief  anj 
pension  fund.''  A  majority  of  all  the  members  of  said 
beard  herein  provided  for  shall  constitute  a  quorum,  an<] 
have  power  to  transact  business. 

Sec.  11.  The  board  herein  provided  for  shall,  in  addi- 
tion   to    other    powers    herein    granted,    have    power, — 

First — To  compel  witnesses  to  attend  and  testify  before 
it,   upon    all    matt   ■  cted    with    the   operation   of   this 

act,  in  the  same  manner  as  is  or  may  be  provided  by  law 
for  the  taking  of  testimony  before  notari.  s  public;  and  its 
president,  or  any  member  of  said  board,  may  administer 
oaths    to    such    witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the 
payment  from  Kail  fund  of  all  its  necessary  expenses  in- 
cluding seen  tary  hire  and  printing;  provided,  that  no  com- 
pensation or  emolument  shall  be  paid  to  any  member  of  said 
board   lor  any   duty   required  or  performed   under  this  act. 

Third — To  make  all  needful  rules  and  regulations  for  its 
guidance,  in    conformity   with   the   provisions  of  this   act. 

Sec.  1-.  The  board  of  supervisors,  or  other  governing  au- 
thority, of  any  county,  city  and  county,  city,  or  town,  shall, 
for  the  purposes  of  said  "fir. ■men's  relief  and  pension  fuiol'' 
hereinbefore    mentioned,    direct    the   payment   annually,   and 


*Me  FIRE    DEPARTMENT.  Act  1173,  $  §  13,  , ; 

when  the  tax  levy  is  made,  into  said  fund,  of  the  following 
moneys: — 

First — All  rewards  given  or  paid  to  members  of  such  fire- 
men's force. 

Second — All  fines  imposed  upon  members  of  the  fire  de- 
partment in  keeping  with  rules  and  regulations  of  the  de- 
partment. 

Third — The  treasurer  of  any  county,  city  and  county,  city, 
or  town,  shall  retain  from  the  pay  of  each  member  of  the 
fire  department  the  sum -of  2  per  cent  of  each  month's  pay  to 
be  forthwith  paid  into  said  firemen's  relief  and  pension  fund, 
and  no  other  or  further  retention  or  deduction  shall  be  made 
from  such  pay  for  any  other  fund. 

Fourth — One  half  of  all  fines  imposed  and  collected  for 
violation  of  laws  pertaining  to  precaution  against  fire. 

Sec.  13.  Any  firemen  's  life  and  health  insurance  fund,  or 
any.  fund  provided  by  law,  heretofore  existing  in  any  county, 
city  and  county,  city,  or  town,  for  the  relief  or  pensioning 
of  firemen,  or  their  life  or  health  insurance,  or  for  the  pay- 
ment of  a  sum  of  money  on  their  death,  shall  be  merged 
with,  paid  into,  and  constitute  a  part  of  the  fund  created 
under  the  provisions  of  this  act;  and  no  person  who  has 
resigned  or  been  dismissed  from  said  fire  department  shall 
be  entitled  to  any  relief  from  such  fund;  provided,  that  any 
person  who,  within  one  year  prior  to  the  passage  of  this 
act,  has  been  dismissed  from  the  fire  department  for  in- 
competency or  inefficiency,  and  which  incompetency  or  in- 
efficiency was  caused  solely  by  sickness  or  disability  con- 
tracted or  suffered  while  in  service  as  a  member  thereof, 
and  who  has,  prior  to  said  dismissal,  served  for  twelve  or 
more  years  as  such  member,  shall  be  entitled  to  all  the 
benefits  of  this  act. 

Sec.  14.  On  the  last  day  of  June  of  each  year,  or  as  soon 
thereafter  as  practicable,  the  auditor  of  such  county,  city 
and  county,  city,  or  town,  shall  make  a  report  to  the  board 
of  supervisors,  or  other  governing  authority  of  such  count}', 
city  and  county,  city,  or  town,  of  all  moneys  paid  out  on 
account  of  said  fund  during  the  previous  year,  and  of  the 
amount  then  to  the  credit  of  the  "firemen's  relief  and 
pension  fund,"  and  all  surplus  of  said  fund  then  remaining 
in  said  fund  exceeding  the  average  amout  per  year  paid 
out  on  account  of  said  fund  during  the  three  years  next 
preceding,  shall  be  transferred  to  and  become  a  part  of  the 
general  fund  of  every  such  county,  city  and  county,  city,  or 
town,   and    no   longer   under   the   control   of   said    board,    oi 


Acts  1174-1179  FIRE    DEPARTMENT.  424f 

subject  to  its  onlcr.     Payments  provided  for  in  this  act  shall 
1><    made  quarterly,  upon  proper  vouchers. 

ACT   1174. 

To  allow  unincorporated  cities  and  towns  to  equip  and 
maintain  a  fire  department.     [Stats.  1881,  p.  26.] 

Amended    1S99,    69,    chap.    LIX. 

This    act,    as   amended    in    1899,    appears   In   full    In    Political    Code, 
Appendix,   p.   1074. 

ACT  1175. 

To  create  a  firemen 's  relief,  health,  and  life  insurance,  and 
pension  fund  in  the  several  counties,  cities  and  counties 
and  cities  and  towns  of  this  state.      [Stats.  19U1,  p.  lul.] 

Amended    1903,    15S. 

This  act  appears   In    full   In   Political   Code,   Appendix,    p.    1081. 
Probably   superseded   by   act   of  March  20,    1905,   creating  a   firemen's 
relief,    health   and   life   insurance   pension   fund,     lsee  ante.    Act  1173. 

ACT  1176. 

To  create  an  exempt  firemen's  rrlief  fund  in  the  several 
counties,  citiis  and  counties,  cities  and  towns  of  the 
state,  and  relating  to  the  i  nrollmeut,  formation  into  fire 
companies,  and  si  l  vices  as  liicruen  of  such  exempt  fire- 
nuin.     [Stats.    ]WJ->>  P-  lu7-] 

Unconstitutional.     (Taylor    v.    Mott,    123    Cal.    4'.'".)     Superseded    1901,    101. 

ACT   1177. 

To  require  the  payment  of  certain  insurance  premiums 
by  tire  insurance  companies  not  organized  in  California, 
to   cities  and   cities  and    counties.      [Stata.    1SS5,  p.   13.J 

Amended  li>«7,   15. 

Unconstitutional.     (San   Francisco  v.    Insurance  Co.,   74   Cal.   113.) 
The    moneys   collected   under   this   act   were   for   the   beneflt   of    tho 
firemen's  relief  fund. 

ACT    1178. 

Authorizing    boards    of    supervisors    to    provide    pensions    for 

the  relief  of  aged,  infirm,  and  disabled  firemen.      [Stats. 

1889,  p.   lUS.j 

Amended    1901,    175. 
Cal.     Hep.    (St      123,    499. 

This  act   appeals    in   full    in    Political  Code,   Appendix,    p.    1080. 

ACT    1179. 

Authorizing  and  requiring  boards  or  commissions  having 
the    in, in;. gi  mcut   and    control    of   paid   fire    departments, 


r.5  FIRE    PATROL— FISH    AND    GAME.  Acts  1180-11. « 

to  grant  the  members  thereof  yearly  vacations.      [Stats 

1895,  p.  76.] 

Amended   1899,   57;   1905,   39. 

This  act  appears  in  full  in  Political  Code,   Appendix,   1079. 

ACT    1180. 

Relating   to   salaries   of   officers   of  fire    departments  in   mu- 
nicipalities of  the  first  class.     [Stats.  1897,  p.  54.] 
Unconstitutional.     (Popper  v.    Broderick,    123   Cal.   456.) 

ACT  1181. 

Relating  to  fire  departments  of  municipalities  of  the  first 
class,  and  fixing  the  salaries  of  officers  thereof.  [Stats. 
1897,  p.  192.] 

Apparently    unconstitutional    under    the    rule    announced    in    Popper 
v.    Broderick,    123  Cal.   456 

This   act   appears  in   full    in   Political   Code,    Appendix,    p.    1088. 

ACT   1182. 

To  provide  for  increasing  the  efficiency  of  fire  departments 
within   municipalities  of   the  first   class  in   the   state  of 
California.     [Stats.   1807,  p.  61.] 
This  act  appears  in  full  in  Political   Code,   Appendix,   p.   1087. 


TITLE  165. 
FIRE  PATROL. 
ACT  1188. 

Underwriters,  authorizing  the  establishment  of  the  fire  pa- 
trol by.     [Stats.  1875-6,  p.  689.] 

Amended   1897,    223. 

Codified  by  amendment  of  Civil  Code,  1905.  See  note  to  §  453a, 
Civil   Code. 

This  act  appears  in  fuU  in  Civil  Code,  Appendix,  p.  715. 


TITLE  166. 
FISCAL  YEAR. 
ACT  1193. 

1'roviding  for  changing  the  fiscal  year  of  cities  in  this  state 
operating  under  a  charter  framed  under  sectiot.  eight,  ar- 
ticle eleven,  of  the  constitution.     [Stats.  1895,  p.  128.] 


FISH   AND   GAME. 
See  Game  Laws. 


Acta  1198-1213  FISH    COMMISSIONERS— FORESTRY. 

FISH  COMMISSIONERS. 

See  Game  Lawi. 


TITLE   167. 

FLAG. 
ACT   1198. 

To  prohibit  the  desecration   of  the  flag  of  trie  United  States, 
and  provide  a  punishment  therefor.      [Stats.  1899,  p.  46.] 


TITLE   168. 

FOLSOM. 
ACT  1203. 

To   prevent   goats   from   running  at   large  in.     [Stats.    1875-6, 
p.  385.] 
Repealed  In  1897,   198.     1901,   603. 
Cal.    Rep.    Clt.    60.   483;     62,   393;     84,   207;     119,   309;     128,   557. 


TITLE   169. 
FORCIBLE   ENTRY. 
ACT    1208. 

Concerning    forcible    entries    and    unlawful    detainers.     [Stats. 
1863,  p.  652.] 
Amended   1S71-2,    318. 
Cal.    Rep.    Clt.     *1.    361;     44,    195;     51.    182;     51,    184. 

Effect  of  code  on:   Sec  Norblett  v.   Farwell,  38  Cal.   155;   Hemstreet 
v.   Wassum,   59  Cal.   273. 


TITLE   170. 

FORECLOSURE. 
ACT   1213. 

Foreclosure  suits,  abolishing  attorneys'  fees  in.     [Stats.  1873- 

4,  p.  707.] 

This    act    appears    In    full    In    Code    of    Civil    Procedure,    Appendix, 

d     780      It   provided    that    the   fees   of   attorneys   should    be    fixed    by    the 

court     notwithstanding   a   stipulation    in    the    mortgage    to    the    contrary. 


TITLE  171. 
FORESTRY. 
See    Agriculture;    Fruit-Trees    and    Vines;      Horticulture;      Viticul- 
ture;    Silk   Culture. 


426a  FORESTRY.  Act  1216,  J  §  1,  2 

ACT  1216. 

An  act  to  provide  for  the  regulation  of  fires  on,  and  the  pro- 
tection and  management  of,  public  and  private  forest 
lands  within  the  State  of  California,  creating  a  state 
board  of  forestry  and  certain  officers  subordinate  to  said 
board,  prescribing  the  duties  of  such  officers,  creating 
a  forestry  fund,  and  appropriating  the  moneys  in  said 
fund,  and  defining  and  providing  for  the  punishment  of 
certain  offenses  for  violations  of  the  provisions  of  this 
aet,  and  making  an  appropriation  therefor. 

[Approved    March    18,    1905.     Stats.    1905,    p.    235.] 

Section  1.  State  board  of  forestry. — There  shall  be  a  state 
board  of  forestry,  consisting  of  the  governor,  secretary  of 
state,  attorney-general  and  state  forester,  which  shall  super- 
vise all  matters  of  state  forest  policy  and  management  and 
convene  upon  the  call  of  the  governor  or  of  its  secretary. 

Sec.  2.  State  forester  and  his  duties. — There  shall  be  a 
state  forester,  who  shall  be  a  civil  executive  officer,  and  who 
shall  be  a  technically  trained  forester,  appointed  by  the  gov- 
ernor to  hold  office  at  the  pleasure  of  the  appointing  power; 
and  whether  any  candidate  for  the  position  is  a  technically 
trained  forester  shall  be  determined  by  certificate  from  the 
secretary  of  the  United  States  Department  of  Agriculture, 
or  from  the  Department  of  forestry  of  the  State  University 
after  such  department  is  established.  He  shall  receive  a  sal- 
ary of  twenty-four  hundred  dollars  per  annum,  and  shall  be 
authorized  and  empowered  to  appoint  two  assistant  foresters, 
whose  salaries  shaU  not  exceed  twelve  hundred  dollars  each 
per  annum.  He  shall  maintain  headquarters  at  the  state  capi- 
tol  in  an  office  provided  by  the  secretary  of  state,  and  shall 
be  allowed  necessary  office  and  contingent  expenses.  He  and 
his  assistants  shall  be  paid  reasonable  traveling  and  field  ex- 
penses which  may  be  incurred  in  the  necessary  performance  of 
their  official  duties.  He  shall  act  as  secretary  of  the  state 
board  of  forestry.  He  shall,  under  the  supervision  of  the 
state  board  of  forestry,  execute  all  matters  pertaining  to  for- 
estry within  the  jurisdiction  of  the  state;  have  charge  of  all 
fire  wardens  in  the  state,  and  direct  and  aid  them  in  their  du- 
ties; direct  the  protection  and  improvement  of  state  parks  and 
forests;  collect  data  relative  to  forest  destruction  and  condi- 
tions; take  such  action  as  is  authorized  by  law  to  prevent  and 
extinguish  forest,  brush,  and  grass  fires;  enforce  all  laws  per- 
taining to  forest  and  brush-covered  land,  and  prosecute  for 
any  violation  of  such  laws;  co-operate  with  land  owners,  as  de- 
scribed in  section  4  of  this  act;  and  publish  from  time  to  time 


Act  1216.  §5  3-5  FORESTRY.  «6b 

such  information  of  forestry  as  he  may  deem  wise.  He  shall 
prepare  annually  a  report  to  the  governor  on  the  progress  and 
condition  of  state  forest  work,  and  recommend  therein  plans 
for  improving  the  state  system  of  forest  protection,  manage- 
ment and  replacement. 

Sec.  3.  Supervision  and  rare  of  state  parks. — The  Califor- 
nia   Recto 1    I'ark  and  the  Mt.   Hamilton  tract,  together  with 

all  moneys  heretofore  or  hereafter  appropriated  for  the  pur- 
chase of  land  for  or  care  of  said  parks,  tracts  and  stations, 
shall  be  in  charge  of  the  state  board  of  forestry,  said  board 
to  take  place  of  and  forthwith  shall  have  all  the  powers  and 
duties  now  pdoaonood  in  accordance  with  law  by  persons  or 
commissions  with  regard  to  the  state  parks,  tracts  of  land, 
and  forest  stations  mentioned  in  this  act,  and  also  any  forest 
or  brush  land  which  may  hereafter  become  state  property,  or 
be  placed  definitely  in  the  care  of  the  state;  and  it  is  hereby 
further  enacted  that,  if  the  government  of  the  United  Htates 
or  any  indi\idual  or  corporation  shall,  at  any  time,  donate  or 
entrust  to  the  State  of  California,  for  state  park  or  state  for- 
est reserve  purposes,  any  tract  or  tracts  of  wholly  or  partially 
wooded  land,  such  tract  or  tracts  of  laud  shall  be  administered 
at  the  expense  of  the  state,  as  provided  by  law. 

Sec.  4.  Co-operative  work. — The  state  forester  shall,  upon 
request  and  whenever  he  deems  it  essential  to  the  best  interests 
of  the  people  and  the  state,  co-operate  with  counties,  towns, 
corporations  and  individuals  in  preparing  plans  for  the  pro- 
tection,  management  and  replacement  of  trees,  woodlots  and 
timber  tracts,  on  consideration  and  under  an  agreement  that 
tl.e  parties  obtaining  such  assistance  pay  at  least  the  field  ex- 
penses  of  the  men  employed  in  preparing  said  plans. 

Publication  of  laws  and  notices. — The  state  forester 
shall  prepare  and  print  for  public  distribution,  an  abstract  of 
all  the  forest   laws  of  California,  together  with  such  rules  and 

i  it  ions  in  accord  therewith  as  he  may  deem  necessary, 
and  shall  annually  print  and  distribute  a  list  of  all  (ire  war 
dens  with  then  ■  s,  all  such  matter  to  be  published  with 

approval  of  the  state  board  of  forestry.  He  sluill  also  fur- 
nish notices,  printed  in  large  letters  on  cloth,  calling  attention 
tn  the  danger  from  forest  fires  and  to  forest  fire  and  trespass 
laws  and  their  penalties.  Such  notices  shall  be  posted  by  the 
fire  wardens  in  conspicuous  places  along  every  highway  in 
brush   and    forest  covered   country,   at    frequent   intervals   aleug 

mis  and  lakes  frequented  by  tourists,  hunters  or  fishermen, 
:,!  established  camping  sites,  and  in  every  post  office  in  the 
forested  region. 


426c  FORESTRY.  Act  1216,  §  §  «-•> 

Sec.  6.  Fire  districts. — The  state  forester  shall  divide  the 
state  into  such  number  of  fire  districts  as  shall  be  deemed  by 
him  most  neeessary  to  the  efficiency  of  his  work;  and,  further- 
more, any  county,  or  combination  of  less  than  four  counties, 
shall  be  made  a  separate  fire  district,  upon  request  of  the 
county  board  or  board  of  supervisors,  in  which  case  such  spe- 
cial fire  district  shall  pay  the  cost  of  maintaining  its  district 
fire  warden. 

Sec.  7.  Duties  of  assistant  foresters. — The  duties  of  the  as- 
sistant foresters  shall  be  to  devote  their  entire  time  to  state 
forest  interests  according  to  rules  and  directions  to  be  deter- 
mined by  the  state  forester,  with  the  approval  of  the  state 
board  of  forestry.  They  shall  take  prompt  measures  to  pre- 
vent and  extinguish  forest  fires;  keep  a  record  of  the  cause, 
extent  and  damage  of  all  forest  fires  in  their  respective  dis- 
tricts, and  perform  such  other  duties  as  the  state  forester  may 
direct. 

Sec.  8.  Voluntary  fire  wardens  and  their  duties. — The  state 
forester  shall  appoint,  in  such  number  and  localities  as  he 
deems  wise,  public-spirited  citizens  to  act  as  voluntary 
fire  wardens,  who  may  receive  payment  for  their  services 
from  the  counties  or  from  private  sources.  They  shall 
promptly  report  all  fires  and  take  immediate  and  active 
steps  toward  their  extinguishment,  report  any  violation  of 
the  forest  laws,  assist  in  apprehending  and  convicting 
offenders,  and  perform  such  other  duties  as  the  state  forester 
may  direct.  The  supervisors  and  rangers  on  the  federal  for- 
est reserve  within  the  state,  whenever  they  formally  accept 
the  duties  and  responsibilities  of  fire  wardens,  may  be  ap- 
pointed as  voluntary  fire  wardens,  and  shall  have  all  the 
powers  given   to   fire   wardens  by   this   act. 

Sec.  9.  Powers  and  requirements  of  fire  wardens. — The 
state  forester  and  all  fire  wardens  shall  have  the  powers  of 
peace  officers  to  make  arrests  without  warrant,  for  violations 
of  any  state  or  federal  forest  laws,  and  no  fire  warden  shall 
be  liable  to  civil  action  for  trespass  committed  in  the  dis- 
charge of  his  duties.  Any  fire  warden"  who  has  information 
which  would  show,  with  reasonable  certainty  that  any  person 
had  violated  any  provision  of  such  forest  laws,  shall  im- 
mediately take  action  against  the  offender,  either  by  using 
his  own  powers  as  a  peace  officer,  or  by  making  complaint 
before  the  proper  magistrate,  or  by  information  to  the 
proper  district  attorney,  and  shall  obtain  all  possible  evi- 
dence pertaining  thereto.  Failure  on  the  part  of  any  paid 
fire  warden  to  comply  with  the  duties  prescribed  by  this  act 


Act  1216,    5  5    10-12  FORESTRY.  428.1 

shall  be  a  misdemeanor,  and  punishable  by  a  fine  of  not  less 
than  twenty  dollars,  nor  more  than  two  hundred  and  fifty 
dollars,  or  imprisonment  for  not  less  than  ten  days  nor  more 
than  three  months,  or  both  sueh  fine  and  imprisonment  and 
the  state  forester  is  hereby  authorized  to  investigate  and 
prosecute  such  violations. 

Pee.  10.  Assistance  of  cituims  in  fighting  fires. — All  fire 
wardens  shall  have  authority  to  call  upon  able-bodied  cit- 
izens between  the  ages  of  sixteen  and  fifty  years,  fox  as- 
sistance in  putting  out  fires,  and  any  such  person  who  re- 
fuses to  obey  such  summons,  unless  prevented  by  good  and 
sufficient  reasons,  is  guilty  of  a  misdemeanor,  and  must  be 
fined  in  a  sum  not  less  than  fifteen  dollars,  nor  more  than 
fifty  dollars,  or  imprisonment  in  the  county  jail  of  the  county 
in  which  such  conviction  shall  be  had,  not  less  than  ten  days, 
nor  more  than  thirty  days,  or  both  such  fine  and  imprison- 
ment; provided,  that  no  citizen  shall  be  called  upon  to  fight 
fire  a  total  of  more  than   five   days  in   any  one  year. 

Sec.  11.  Fire  Patrol. — In  times  and  localities  of  particular 
fire  danger  the  state  forester  may  maintain  a  fire  patrol 
through  the  fire  wardens,  at  such  places  in  brush  or  forest 
land  as  the  public,  interest  may  require,  the  expense  of  such 
patrol  to  be  paid  by  the  county  in  which  such  patrol  is 
maintained;  and,  furthermore,  he  may,  upon  written  request 
by  counties,  corporations  or  individuals,  maintain  a  fire 
patrol  on  their  forest  lands,  provided,  that  the  expense  of 
said  patrol  be  paid  by  the  party  or  parties  requesting  same. 

Sec.  12.  District  attorneys  to  prosecute  vigorously. — When- 
ever an  arrest  shall  have  been  made  for  violation  of  any  pro- 
vision of  this  act,  or  whenever  any  information  of  such  viola- 
tion shall  have  been  lodged  with  him,  the  district  attorney  of 
the  county  in  which  the  criminal  act  was  committed  must 
prosecute  the  offender  or  offenders  with  all  diligence  and 
energy.  If  any  district  attorney  shall  fail  to  comply  with 
the  provisions  of  this  section  he  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars  in  the 
discretion  of  the  court.  Action  against  the  district  attorney 
shall  be  brought  by  the  attorney-general  in  the  name  of  the 
people  of  the  state  on  the  relation  of  the  state  forester. 
The  penalties  of  this  section  shall  apply  to  any  magistrate 
with  proper  authority,  who  refuses  or  neglects  to  cause  the 
arrest  and  prosecution  of  any  person  or  persons  when  com- 


426a  FORESTRY.  Act  1216,  g§  13-16 

plaint,  under  oath,  of  violation  of  any  terms  of  this  act  has 
been  lodged  with  him. 

Sec.  13.  Destruction  of  warning  notices. — Any  person  who 
shall  destroy,  deface,  remove  or  disfigure  any  sign,  poster  or 
warning  notice  posted  under  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor  and  punishable,  upon  conviction, 
by  a  fine  of  not  less  than  fifteen  dollars  nor  more  than  one 
hundred  dollars,  or  imprisonment  in  the  county  jail  for  a 
period  of  not  less  than  ten  days  nor  more  than  three  months, 
or   both   such   fine    and   imprisonment. 

Sec.  14.  Willfully,  maliciously  and  negligently  setting  for- 
est fires. — Every  person  who  willfully,  maliciously  or  neg- 
ligently sets  on  fire  or  causes  or  procures  to  be  set  on  fire 
any  woods,  brush,  prairies,  grass,  grain  or  stubble  on  any 
lands  not  his  own,  or  allows  the  fire  to  escape  from  his  own 
land,  whereby  any  property  of  another  is  injured  or  destroy- 
ed, or  accidentally  sets  any  such  fire  or  allows  it  to  escape 
from  his  control  without  extinguishing  it  or  using  every 
effort  to  extinguish  it,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  is  punishable  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  one  thousand  dollars,  or  im- 
prisonment for  not  less  than  thirty  days,  nor  more  than  one 
year,  or  both  such  fine  and  imprisonment.  Setting  such  fires 
or  allowing  them  to  escape  shall  be  prima  facie  proof  of 
willfulness,  malice  or  neglect  under  this  section,  provided, 
that  nothing  herein  contained  shall  apply  to  a  person  who,  in 
good  faith,  sets  a  back  fire  to  check  a  fire  already  burning. 

Sec.  15.  Extinguishment  of  camp  fires. — Every  person  who 
upon  departing  from  a  camp  or  camping  place,  leaves  fire 
burning  or  unextinguished,  or  who  after  building  such  fire 
allows  it  to  spread,  shall  be  guilty  of  a  misdemeanor  and 
punishable  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars,  with  costs  of  suit  and  collection, 
one-half  of  such  fine  or  such  a  portion  thereof  as  shall  not 
exceed  fifty  dollars,  to  be  paid  to  the  person  securing  the 
arrest  and  conviction  of  such  offender,  and  if  the  defendant 
refuses  or  neglects  to  pay  the  fine  and  costs  imposed,  he  shall 
be  confined  in  the  county  jail  of  the  county  in  which  convic- 
tion shall  be  had,  for  a  period  not  to  exceed  one  day  for 
every  two  dollars  of  the  fine  imposed,  or  may  be  subject  to 
both  such  fine  and  imprisonment. 

Sec.  16.  Restriction  of  use  of  fire  in  dry  season. — It  shall 
be  unlawful  during  what  is  locally  known  as  the  ' '  dry 
season,"  this  to  be  considered  as  the  period  between  May 


Act  1216,  §  §  17,  18  FORESTRY.  426f 

fifteenth  and  the  first  soaking  rains  of  autumn  or  winter,  for 
any  person  or  persons  to  burn  brush,  stumps,  logs,  fallen 
timber,  fallows,  grass  or  forest-covered  land,  or  blast  wood 
with  dynamite,  powder  or  other  explosives,  or  set  off  fire- 
works of  any  kind  in  forest  or  brush-covered  land,  either 
their  own  or  the  property  of  another,  without  written  per- 
mission of  and  under  the  direction  or  supervision  of  a  fire 
warden  in  that  district;  these  restrictions  not  to  apply  to 
the  ordinary  use  of  fire  or  blasts  in  logging  redwood,  nor  in 
cases  where  back  fires  are  set  in  good  faith  to  stop  an  ex- 
isting fire.  Violation  of  these  provisions  shall  be  a  mis- 
demeanor, punishable,  upon  conviction,  by  a  fine  of  not  less 
tlian  fifty  dollars,  nor  more  than  one  thousand  dollars,  or 
imprisonment  not  lesa  than  thirty  days  nor  more  than  one 
year,  or  both  such  fines  and  imprisonment. 

Sec.  17.  Engines  in  forest  land. — Logging,  locomotives, 
donkey  or  threshing  engines,  and  other  engines  and  boilers 
operated  in,  thorough  or  near  forests,  brush  or  grass  land, 
which  do  not  burn  oil  as  fuel,  shall  be  provided  with  ap- 
pliances to  previ  nt  tne  escape  of  fire  and  sparks  from  the 
smoke  stacks  thereof,  and  with  devices  to  prevent  the  escape 
of  fire  from  ash  pans  and  fire  boxes.  Failure  to  comply 
with  these  requirements  shall  be  a  misdemeanor,  punishable, 
upon  conviction,  by  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars,  and  any  person 
violating  any  provisions  of  this  section  shall  be  liable  to  a 
penalty  of  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  for  every  such  violation,  or  imprisonment 
for  not  less  than  thirty  days  nor  more  than  three  months, 
or  both  such  fine  and  imprisonment. 

Sec.  18.  Civil  liability  for  forest  fires. — In  addition  to  the 
penalties  provided  in  sections  14,  15,  16  and  17,  of  this  act. 
the  United  States,  state,  county,  or  private  owners,  whose 
property  is  injured  or  destroyed  by  such  fires,  may  recover, 
in  a  civil  action,  double  the  amount  of  damages  suffered  if 
the  fires  occurred  through  willfulness,  malice  or  negligence; 
but  if  such  fires  were  caused  or  escaped  accidentally  or  un- 
avoidably, civil  action  shall  lie  only  for  the  actual  damage 
sustained  as  determined  by  the  value  of  the  property  in- 
jured or  destroyed,  and  the  detriment  to  the  land  and  vegeta- 
tion thereof.  The  presumption  of  willfulness,  malice  or 
neglect  shall  be  overcome,  provided,  that  the  precautions 
set  forth  in  section  17  are  observed;  or,  provided,  under  sec- 
tion 16,  fires  are  set  during  the  "dry  season"  with  wriTt.ii 
permission   of   and   under   the   direction   of   the    district   fire 


izog  FOREST RY.  Act  1216,  §  §  19-23 

warden.  Persons  or  corporations  causing  fires  by  violations 
of  sections  14,  15,  16  and  17  of  this  act  shall  be  liable  to 
the  state  or  county  in  action  for  debt,  to  the  full  amount  of 
all  expenses  incurred  by  the  state  or  county  in  fighting  such 
fires. 

Sec.  19.  Clearing  along  county  roads  and  land  after  lum- 
bering.— Counties,  along  the  county  roads,  in  forest  or  brush 
land,  shall,  when  so  directed  by  the  state  forester,  and  in 
a  manner  and  to  an  extent  prescribed  by  him,  cut  and  re- 
move all  brush,  grass  and  inflammable  material  from  their 
rights  of  way.  If  such  clearing  is  not  done  within  a  reason- 
able time  after  notice,  said  time  to  be  fixed  by  the  state 
forester,  the  state  forester  shall  have  it  done  and  the  county 
shall  be  liable  to  the  state  in  an  action  for  debt  to  the 
amount  of  the  expense  thus  incurred,  and  in  addition  thereto 
for  the  expense  of  any  fire  patrol  rendered  necessary  by  such 
delay.  It  is  provided,  further,  that  all  lumber  companies, 
corporations,  or  individuals  shall,  when  so  instructed  by  the 
state  board  of  forestry,  and  at  a  time  and  in  a  manner  pre- 
scribed by  said  board,  carefully  burn  their  slashings,  by 
which  is  meant  the  tops,  limbs,  and  general  debris  left  after 
lumbering. 

Sec.  20.  Disposals  of  moneys  received  as  penalties. — All 
moneys  received  as  penalties  for  violations  of  the  provisions 
of  this  act,  less  the  cost  of  collection,  and  not  otherwise 
provided  for,  shall  be  paid  into  the  state  treasury  to  the 
credit  of  the  forestry  fund,  which  fund  is  hereby  created, 
and  the  moneys  therein  are  hereby  appropriated  for  purposes 
of  forest  protection,  management  and  replacement  under 
direction  of  the  state  board  of  forestry. 

Sec.  21.  Moneys  for  forest  purposes. — County  boards  of 
supervisors  may  appropriate  money  for  purposes  of  forest 
protection,  improvement   and   management. 

Sec.  22.  Payment  of  expenses  under  this  act. — There  is 
hereby  appropriated  for  the  fifty-seventh  and  fifty-eighth 
fiscal  years,  the  sum  of  seventeen  thousand  six  hundred 
dollars  ($17,600.00)  for  carrying  out  the  provisions  of  this 
act,  and  for  the  payment  of  all  salaries  and  expenses  herein 
provided  for. 

Sec.  23.  All  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


Acts  1217-1220  FORESTRY.  ««h 

ACT    1217. 

An  act  to  appropriate  one  hundred  thousand  dollars  from 
any  moneys  hereafter  collected  and  received  by  the 
State  of  California  from  the  United  States  in  payment 
of  the  claims  of  this  state  arising  out  of  the  Indian  an  1 
Civil  wars,  to  be  expended  in  the  acquisition,  preserva- 
tion, and  protection  of  the  forests  of  this  state;  creat- 
ing the  state  board  of  examiners  a  commission  to  carry 
this  act  into  effect  and  for  the  disbursement  of  said 
moneys,  and  creating  the  "state  forestry  fund."  [Stats. 
1905,  p.   183.] 

ACT     1218. 

To  create  a  state  board  of  forestry,  and  to  provide  for  the 

expenses    thereof.     [Approved    March    3,     18S5.     Stats. 

1885,  p.   10.] 

Repealed  1893,   229. 

ACT    1219. 

To  enlarge   the  powers  of   the   state   board   of   forestry,   and 

to   provide   for  the   expenses  of  said   board.      [Approved 

March   7,    1887.     Stats.    1887,   p.   46.] 

This  act  was  not  In  terms  repealed  by  the  bo ■!>•  at  the  act  or 
March  23,  1893,  post,  although  its  title  purported  to  repeal  the  ac, 
but   It   probably   fell   with  the   repeal   of  the  act  on   whieh   It   was  base-1. 

ACT    1220. 

An  act  to  repeal  an  act  entitled  "An  act  to  create  a  state 
board    of    forestry,    and    to    provide    for    the    expenses 
thereof,"  approved  March  3,  1885,  and  tlie  act  amenda- 
tory thereof,  approved  March  7,   18S7,  and    to   rnal 
appropriation    for    the     maintenance     and     preservation 
of   the   property  of  the  board  of   for 
[Approved    March    23,    1S93.     Stats.    1893,    p.    229.] 
Section    1.     An    act    entitled    "An    act    to   create    a    state 
board  of  forestry,  and  to  provide  for  the  expenses  then 
approved  March  third,   eighteen  hundred  and   eighty-five,    ia 
hereby    repealed. 

Sec.  2.  All  the  real  and  personal  property  of  the  said 
board  on  or  before  the  first  day  of  July,  eighteen  hnndn  d 
and  ninety-three,  shall  be  assigned,  mad.  over,  and  trans- 
ferred to  the  agricultural  department  of  the  University  of 
California. 

Sec.  3.  There  is  hereby  appropriated  tli"  sum  of  four 
thousand    dollars   out   of    any    money    in    the    state    treasury 


4261  FORT    JONES— FRANCHISES.     Acts  1225,  1229,  §§  1.  J 

not  otherwise  appropriated,  payable  to  the  agricultural  de- 
partment of  the  University  of  California,  for  the  support, 
maintenance,  and  preservation  of  the  experimental  sta- 
tions of  the  state  board  of  forestry,  and  the  controller  13 
hereby  directed  to  draw  his  warrant  for  the  same. 

Sec.   4.     This   act   shall   take   effect   from   and   after  July 
first,     eighteen    hundred    and     ninety-three. 


TITLE   172. 
FORT  JONES. 
ACT    1225. 

Incorporation  of.     [Stats.  1871-2,  p.  387.] 


TITLE  173. 
FRANCHISES. 
ACT    1229. 

An  act  providing  for  the  sale  of  street  railroad  and  other 
franchises  in  counties  and  municipalities,  and  providing 
conditions  for  the  granting  of  such  franchises  by  legis- 
lative or  other  governing  bodies,  and  repealing  con- 
flicting  acts. 

[Approved   March    22,    1905.     Stats.    1905,    p.    777.] 

Section  1.  Every -franchise  or  privilege  to  erect  or  lay 
telegraph  or  telephone  wires,  to  construct 'or  operate  street 
or  interurban  railroads  upon  any  public  street  or  highway, 
t->  lay  gas  pipes  for  the  purpose  or  carrying  gas  for  heat 
and  power,  to  erect  poles  or  wires  for  transmitting  electrif 
heat  and  power  along  or  upon  any  public  street  or  highway, 
or  to  exercise  any  other  privilege  whatever  hereafter  pro- 
posed to  be  granted  by  boards  of  supervisors,  boards  <>f 
trustees,  or  common  councils,  or  other  governing  or  legisla- 
tive bodies  of  any  county,  city  and  county,  city  or  town 
within  this  state,  except  steam  railroads  and  except  tele- 
graph or  telephone  lines  doing  an  interstate  business,  and 
renewals  of  franchises  for  piers,  chutes  or  wharves,  shall  be 
granted  upon  the  conditions  in  this  act  provided,  and  not 
otherwise. 

Sec.  2.  An  applicant  for  any  franchise  or  privilege  above 
mentioned  shall  file  with  the  governing  or  legislative  body 
of   the   county   or    municipality   an   application,    and     there- 


Act  1229,  §§  3-5  FRANCHISES.  B6J 

upon  said  governing  body  shall,  in  its  discretion,  advertise 
the  fact  of  said  application,  together  with  a  statement  that 
it  is  proposed  to  grant  the  same,  in  one  or  more  newspapers 
of  the  county,  city  and  county,  city  or  town  wherein  the 
said  franchise  or  privilege  is  to  be  exercised.  Said  adver- 
tisement must  state  that  bids  will  be  received  for  sued 
franchise,  and  that  it  will  be  awarded  to  the  highest  bidder, 
and  the  same  must  be  published  in  such  newspaper  once  a 
day  for  ten  successive  days,  if  it  be  a  daily  newspaper,  and 
if  there  be  no  daily  newspaper  published  in  such  county, 
city  and  county,  city  or  town,  then  it  shall  be  published  in 
a  weekly  newspaper  once  a  week  for  four  successive  weeks, 
and  in  either  case  the  full  publication  must  be  completed 
not  less  than  twenty  nor  more  than  thirty  days  before  any 
further  action  can  be  taken  thereon. 

Sec.  3.  The  publication  must  state  the  character  of  the 
franchise  or  privilege  proposed  to  be  granted,  the  term  for 
which  it  is  granted,  and,  if  it  be  a  street  railroad,  the 
route  to  be  traversed;  that  sealed  bids  therefor  will  be  re- 
ceived up  to  a  certain  hour  and  day  named  therein,  and  that 
the  successful  bidder  and  his  assigns  must,  during  the  life 
of  said  franchise,  pay  to  the  county  or  municipality  two  per 
cent  (2%)  of  the  gross  annual  receipts  of  the  person,  part- 
nership or  corporation  to  whom  the  franchise  is  awarded, 
arising  from  its  use,  operation  or  possession.  No  percent- 
age shall  be  paid  for  the  first  (5)  years  succeeding  the 
date  of  the  franchise,  but  thereafter  .such  percentage  shall 
be  payable  annually;  and  in  the  event  said  payment  is  not 
made,  said  franchise  shall  be  foifeitcd;  provided,  further, 
that  if  the  franchise  be  a  renewal  of  a  right  already  in  ex- 
istence, the  payment  of  said  percentage  of  gross  receipts 
shall  begin   at   once. 

Sec.  4.  In  case  the  franchise  granted  shall  be  an  exten- 
sion of  an  existing  system  of  street  railroad,  then  the  gross 
receipts  shall  be  estimated  to  be  one-half  of  the  proportion 
of  the  total  gross  receipts  of  said  system  which  the  mileage 
of  such  extension  bears  to  the  total  mileage  of  the  wlml 
system,  and  said  estimate  shall  be  conclusive  as  to  the 
amount    of    the    gross   receipts    of    said    extension. 

Sec.  5.  Said  advertisement  shall  also  contain  a  srntr- 
ment  that  the  said  franchise  will  be  struck  off,  sold  and 
awarded  to  the  person,  firm  or  corporation  who  shall  make 
the  highest  cash  hid  therefor;  provided,  only,  that  at  the 
time    of   the    opening   of   said   bids   any   responsible   person, 


426k  FRANCHISES.  Act  1229,    §    C 

firm  or  corporation  present  or  represented  may  bid  for  said 
franchise  or  privilege,  a  sum  not  less  than  ten  per  cent 
above  the  highest  sealed  bid  therefor,  and  said  bid  so  made 
may  be  raised  not  less  than  ten  per  cent  by  any  other  re- 
sponsible bidder,  and  said  bidding  may  so  continue  until 
finally  said  franchise  shall  be  struck  off,  sold,  and  awarded 
by  said  governing  body  to  the  highest  bidder  therefor  in 
gold  coin  of  the  United  States.  Each  sealed  bid  shall  be 
accompanied  with  cash  or  a  certified  check,  payable  to  the 
treasurer  of  such  county  or  municipality,  for  the  full 
amount  of  said  bid,  and  no  sealed  bid  shall  be  considered 
unless  said  cash  or  check  is  enclosed  therewith  and  the 
successful  bidder  shall  deposit,  at  least  ten  per  cent  of  the 
amount  of  his  bid  with  the  clerk  of  such  county  or  munic- 
ipality before  the  franchise  shall  be  struck  off  to  him. 
And  if  he  shall  fail  to  make  such  deposit  immediately,  then 
and  in  that  case,  his  bid  shall  not  be  received,  and  shall 
be  considered  as  void,  and  the  said  franchise  shall  then  and 
there  be  again  offered  for  sale  to  the  bidder  who  shall  make 
the  highest  cash  bid  therefor,  subject  to  the  same  conditions 
as  to  deposit,  as  above  mentioned.  Said  procedure  shall  be 
had  until  said  franchise  is  struck  off,  sold,  and  awarded  to  a 
bidder  who  shall  make  the  necessary  deposit  of  at  least  ten 
per  cent  of  the  amount  of  his  bid  therefor,  as  herein  pro- 
vided. Said  successful  bidder  shall  deposit  with  the  clerk 
of  such  county  or  municapility,  within  twenty-four  hours  of 
the  acceptance  of  his  bid,  the  remaining  ninety  per  cent  of 
the  amount  thereof,  and  in  case  he  or  it  shall  fail  to  do  so, 
then  the  said  deposit  theretofore  made,  shall  be  forfeited, 
and  the  said  award  of  said  franchise  shall  be  void,  and  the 
said  franchise  shall  then  and  there,  by  said  governing  body, 
be  again  offered  for  sale  to  the  highest  bidder  therefor,  in 
the  same  manner,  and  under  the  same  restriction  as  herein- 
before provided,  and  in  case  said  bidder  shall  fail  to  deposit 
with  the  clerk  of  such  county  or  municipality,  the  remaining 
ninety  per  cent  of  his  bid,  within  twenty-four  hours  after  it3 
acceptance,  the  award  to  him  of  said  francise  shall  be  set 
aside,  and  the  deposit  theretofore  made  by  him  shall  be  set 
forfeited,  and  no  further  proceedings  for  a  sale  of  said  fran- 
chise shall  be  had  unless  the  same  shall  be  readvertised  and 
again  offered  for  sale,  in  the  manner  hereinbefore  provided. 
Sec.  6.  Work  to  erect  or  lay  telegraph  or  telephone  wires, 
to  construct  street  railroads,  to  lay  gas  pipes  for  the  purpose 
of  carrying  gas  for  heat  and  power,  to  erect  poles  or  wires 
for  transmitting  electric  heat  or  power,  along  or  upon  any 
public  street  or  highway,  or  to  exercise  any  privilege  what- 


Act  1229,  §§  7-9  FRANCHISES.  4361 

ever,  a  franchise  for  which  shall  have  been  granted  in  ac- 
cordance with  the  terms  of  this  act,  shall  be  commenced  in 
good  faith  within  not  more  than  four  months  from  the  grant- 
ing of  any  such  franchise,  and  if  not  so  commenced  within 
said  time  said  franchise  so  granted  shall  be  declared  for- 
feited, and  shall  be  completed  within  not  more  than  three 
years  thereafter,  and  if  not  so  completed  within  said  time 
said  franchise  so  granted  shall  be  forfeited;  provided,  that 
for  good  cause  shown  the  governing  or  legislative  body  may 
by  resolution  extend  the  time  for  completion  thereof,  not  ex- 
ceeding three  months. 

Sec.  7.  The  successful  bidder  for  any  franchise  or  privilege 
struck  off,  sold,  and  awarded  under  this  act  shall  file  a  bond 
running  to  said  county,  city  and  county,  or  city  or  town, 
with,  at  least,  two  good  and  sufficient  sureties,  to  be  ap- 
proved by  such  governing  body,  in  a  penal  sum  by  it  to  be 
prescribed,  and  B(  t  forth  in  the  advertisement  for  bids,  con- 
ditioned that  such  bidder  shall  well  and  truly  observe,  ful- 
fill and  perform  each  and  every  term  and  condition  of  such 
franchise,  and  that  in  ease  of  any  breach  of  condition  of 
such  bond,  the  whole  amount  of  the  penal  sum  therein  named 
shall  be  taken  and  deemed  to  be  liquidated  damages,  and 
shall  be  recoverable  from  the  principal  and  sureties  upon 
said  bond.  Said  bond  shall  be  filed  with  such  governing 
body  within  five  days  after  such  franchise  is  awarded,  and 
upon  the  filing  and  approval  of  such  bond,  the  said  franchise 
shall,  by  said  governing  or  legislative  body,  be  granted  by 
ordinance  to  the  person,  firm  or  corporation  to  whom  it  has 
been  struck  off,  sold,  or  awarded,  and  in  case  that  said  bond 
shall  not  be  so  filed,  the  award  of  such  franchise  shall  be 
set  aside,  and  any  money  paid  therefor  shall  be  forfeited, 
and  said  franchise  shall,  in  the  discretion  of  said  governing 
or  legislative  body,  be  readvertised,  and  again  offered  for 
sale  in  the  same  manner,  and  under  the  same  restrictions, 
as  hereinbefore  provided. 

Sec.  8.  It  shall  be  the  duty  of  the  attorney-general,  upon 
the  complaint  of  any  county  or  municipality,  or,  in  his  dis- 
cretion, upon  the  complaint  of  any  taxpayer,  to  sue  for  the 
forfeiture  of  an}-  franchise  granted  under  the  terms  of  this 
act,  for  the  noncompliance  with  any  condition  thereof. 

Sec.  9.  No  clause  or  condition  of  any  kind  shall  be  in- 
serted in  any  franchise  or  grant  offered  or  sold  under  the 
terms  of  this  act,  which  shall  directly  or  indirectly  restrict 
free  and  open  competition  in  bidding  therefor,  and  no  clause 
or  provision   shall   be   inserted  in   any  franchise   offered   for 


•1-7  FRANCHISES.  Acts  1230,  1231 

sale,  which  shall  in  any  wise  favor  one  person,  firm  or  cor- 
poration, as  against  another,  in  bidding  for  the  purchase 
thereof. 

Sec.  10.  Any  member  of  any  common  council  or  other 
governing  or  legislative  body  of  any  county,  city  and  county, 
city  or  town  of  this  state,  who,  by  his  vote,  violates  or  at- 
tempts to  violate  the  provisions  of  this  act,  or  any  of  them, 
shall  be  guilty  of  a  misdemeanor,  and  may  be  punished 
therefor,  as  provided  by  law,  and  may  be  deprived  of  his 
office  by  the  decree  of  a  court  of  competent  jurisdiction, 
after  trial  and  conviction. 

•Sec.  11.  All  acts  or  parts  of  acts  in  conflict  herewith  are 
nereby  repealed;  provided,  however,  that  nothing  herein  con- 
tained shall  be  construed  as  repealing,  or  amending  the  fol- 
lowing acts,  to  wit:  "An  act  relating  to  the  granting  by 
the  counties  and  municipalities  of  franchise  for  the  construc- 
tion of  paths  and  roads  for  the  use  of  bicycles  and  other 
horseless  vehicles,"  approved  March  twenty-seventh,  eigh- 
teen hundred  and  ninty-seven;  "An  act  to  authorize  cities 
and  towns  to  grant  franchises  for  the  construction  and  main- 
tenance of  railroads  beyond  the  limits  of  such  cities  or  towns 
leading  to  public  parks  owned  thereby,"  being  chapter  forty 
of  the  laws  of  eighteen  hundred  and  ninety-seven  of  the 
State  of  California. 

This  act  shall  take  effect  immediately. 

ACT  1230. 

Providing  for  the  sale  of  railroad  and  other  franchises  in 
municipalities  and  relative  to  granting  franchises. 
[Stats.  1893,  p.  288.] 

Amended    1897,    176.     Superseded    by    1901,    265.     See    Horton    v.     Los 
Angeles,   119  Cal.   602. 
Cal.    Rep.    Cit.     Ill,    546;     111,    555;     117,    700;     119,    602;     132,    680;     134. 
622. 
This  act  appears  In   full   in'  Civil   Code,    Appendix,   p.    753. 

ACT  1231 

Providing  for  the  sale  of    street    railroad    and    other    fran- 
chises  in    municipalities,    and    providing   conditions    for 
the  granting  of  such   franchises   by    the    legislative    or 
other  governing  bodies.      [Stats.  1897,  p.  135.] 
Repealed  1901,    265. 

Unconstitutional.     (Pereria  v.    Wallace,    129   Cal.   397.) 
In   tuU   in  Appendix  to   Civil   Code,    p.   755. 


Acta  1232-1246    FRAUDULENT  CONVEYANCES— FREE  LIBRARIES.    425 

ACT  1232. 

To  provide  for  the  sale  of  street  railroad  and  other  fran- 
chises  in    municipalities.      [Stats.    1901,   p.   265.] 

AmoivJed   1903,    90. 

This   act   appears  In   full   In  Civil  Code,    Appendix,    p.    758. 
Cal.    Rep.    Cit.     142,    228. 

ACT  1233. 

Limiting  the  time  for  granting  franchises  for  the  construc- 
tion, extension,  or  operation  of  street  railroads.  [Stats. 
1893,  p.  29.] 

The    code   commissioners   say    this  act   Is   superseded   by    the  act   of 
1897,   265.     It   appears   in    full   in   Civil   Code,    Appendix,   p.   773. 

ACT  1231. 

Relating  to  granting  by  counties  and  municipalities  of  fran- 
chises for  the   construction  of   paths   and  roads  for   the 
use    of    bicycle    and    other    horseless    vehicles.     [Stats. 
1897,  p.  191.] 
See  post  act.     1464. 

TITLE  174. 
FRAUDULENT   CONVEYANCES. 
ACT    1239. 

Concerning   fraudulent    conveyances    and    contracts.     [Stats. 
1850,   p.   87.] 
Amended    1856,    87;      1867-8,     110.     Superseded    by    Civil    Code,    sees. 
1227-1231,    1624,    3439-3442. 


TITLE   175. 
FREE   LIBRARIES. 
ACT   1244. 

In   reference   to   library   associations.      [Stats.    1863,   624.] 
Amended  1869-70,   366. 

"Repealed    by    sec.    288,    Civ.    Code."— Code    Commissioner's    Note. 
See  note  to  act  632,  ante. 

ACT  1245. 

To  establish  free  public  libraries  and  reading-rooms.     [Stats. 
1880,  p.  231.] 
Repealed  1901,   557. 

ACT  1246. 

Free    public    libraries   and   reading-rooms,    establishment   of. 
[Stats.   1877-8,  p.  329.] 
Repealed   1880,   233. 


42d  FREE   LIBRARIES.  Act  1247,  §  $  1-4 

ACT   1247. 

A.n   act   to   provide   for   the   establishment   and   maintenance 
of  public  libraries  within  municipalities. 

[Approved  March  23,  1901.     Stats.  1901,  p.  557.] 
Amended  1905,    p.    29G 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do   enact   as  follows: 

Section  1.  The  common  council,  board  of  trustees,  or 
other  legislative  body  of  any  incorporated  city  or  town  in 
the  state  of  California,  may,  and  upon  being  requested  to 
do  so  by  one  fourth  of  the  electors  of  such  municipal  cor- 
poration in  the  manner  hereinafter  provided,  must,  by  or- 
dinance, establish  in  and  for  said  municipality  a  public 
library;  provided,  there  be  none  already  established  therein. 

Sec.  2.  The  request  referred  to  in  the  preceding  seetion 
tnay  be  by  a  single  petition,  or  by  several  petitions;  pro- 
vided, that  such  several  petitions  be  substantially  in  the 
same  form,  and  that  such  single  petition  has,  or  such  several 
petitions  in  the  aggregate  have,  the  signatures  of  the  requi- 
site number  of  electors. 

Sec.  3.  Such  public  library  shall  be  managed  by  a  board 
designated  as  the  board  of  library  trustees,  consisting  of 
five  members,  to  be  appointed  by  the  mayor,  president  of 
the  board  of  trustees  or  other  executive  head  of  the  munici- 
pality, by  and  with  the  consent  of  the  legislative  body  of 
said  municipality.  Such  trustees  shall  severally  hold  office 
for  three  years,  serving  without  compensation;  -provided, 
that  the  members  of  the  first  board  appointed  shall  so 
classify  themselves  by  lot  that  one  of  their  number  shall  go 
out  of  office  at  the  end  of  the  current  fiscal  year,  two  at 
the  end  of  one  year  thereafter,  and  the  other  two  at  the 
end  of  two  years  thereafter.  Men  and  women  shall  be 
equally  eligible  to  such  appointment,  and  vacancies  shall  be 
filled  by  appointment  for  the  unexpired  term  in  the  same 
manner. 

Sec.  4.  Boards  of  library  trustees  shall  meet  at  least 
once  a  month  at  such  times  and  places  as  they  may  fix  by  . 
resolution.  Special  meetings  may  be  called  at  any  time 
by  three  trustees,  by  written  notice  served  upon  each  mem- 
ber at  least  three  hours  before  the  time  specified  for  the 
proposed  meeting.  A  majority  of  the  board  shall  constitute 
a  quorum  for  the  transaction  of  business.  Such  boards  shall 
appoint  one  of  their  number  president,  who  shall  serve  tor 
one  year  and  until  his  successor  is  appointed,  and  in  his 
absence  shall  select  a  president  pro  tern.     Such  boards  shall 


Act  1247,  §§  a,  6  FREE    LIBRARIES.  Ut> 

cause  a  proper  record  of  their  proceedings  to  be  kept  and  at 
the  first  meeting  of  the  board  of  trustees  of  any  library 
formed  under  the  provisions  of  this  act,  it  must  immediately 
upon  organization  cause  to  be  made  out  and  filed  with  the 
Btate  librarian  at  Sacramento  a  certificate  showing  that  such 
library  has  been  established  with  the  date  thereof,  the 
names  of  the  trustees  and  of  the  officers  of  the  board  chosen 
for  the  first  year.     (Ara'd.  1905,  296.) 

Sec.  5.     Boards  of  library  trustees  shall  have  power: 
First — To  make  and  enforce  all  rules,  regulations  and  by- 
laws necessary  for  the  administration,  government  and  pro- 
tection   of    the    libraries    under    their    management,    and    all 
property  belonging  thereto. 

Second — To  administer  any  trust  declared  or  created  for 
such  libraries,  and  receive  by  gift,  devise,  or  bequest  and 
hold  in  trust  or  otherwise,  property  situated  in  this  state 
or  elsewhere,  and  where  not  otherwise  provided,  dispose 
of  the  same  for  the  benefit  of  such  libraries. 

Third — To  prescribe  the  duties  and  powers  of  the  librarian, 
secretary  and  other  officers  and  employees  of  any  such  li- 
braries; to  deti  inline  the  number  of  and  appoint  all  such 
officers  and  employees,  and  fix  their  compensation,  which 
said  officers  and  employees  shall  hold  their  offices  or  posi- 
tions at  the  pleasure  of  said  boards. 

Fourth — To  purchase  necessary  books,  journals,  publica- 
tions and  other  personal  property. 

Fifth — To  purchase  such  real  pioperty,  and  erect  or  rent 
and  equip,  such  building  or  buildings,  room  or  rooms,  as 
may  be  necessary  when  in  their  judgment  a  suitable  build- 
ing, or  portion  thereof,  has  not  been  provided  by  the  legis- 
lative body  of  the  municipality  for  such  libraries. 

Sixth— To  require  the  secretary  of  state  and  other  state 
officials  to  furnish  such  libraries  with  copies  of  any  and 
all  reports,  laws  and  other  publications  of  the  state  not 
otherwise  disposed  of  by  law. 

Seventh — To  borrow  books  from,  lend  books  to  and  ex- 
change the  same  with  other  libraries,  and  to  allow  non- 
residents to  borrow  books  upon  such  conditions  as  they 
may  prescribe. 

Ejghth To   do   and   perform   any   and   all   other  acts  and 

things   necessary   or   proper   to   carry   out   the   provisions   of 
this  act. 

Sec.  6.  Boards  of  library  trustees  shall,  on  or  before 
the   last   day   of   July   in   each   year,    make   a   report   to   the 


431  FREE    LIBRARIES.  Act  1247.  §§  7-'J 

legislative  body  of  their  municipality,  giving  the  condition 
of  the  library  on  the  thirtieth  day  of  June  preceding,  to- 
gether with  a  statement  of  their  proceedings  for  the  year 
then  ended,  and  must  immediately  upon  the  publication  of 
such  report,  forward  a  copy  thereof  for  filing  to  the  state 
library  at  Sacramento.     (Am'd.  1905,  297.) 

Sec.  7.  The  legislative  body  of  any  municipality  in  which 
a  public  library  has  been  established  in  accordance  with 
this  act,  shall  in  making  the  annual  tax  levy  and  as  part 
thereof,  if  the  maintenance  of  the  library  has  not  been 
otherwise  provided  for,  levy  a  tax  for  the  purpose  of  main- 
taining such  library  and  purchasing  property  necessary  there- 
for, which  tax  shall  be  in  addition  to  other  taxes,  the  levy 
of  which  is  permitted  in  the  municipality;  provided,  that 
after  two  years  from  the  passage  of  this  act  as  to  existing 
libraries  and  after  two  years  from  the  establishment  of 
new  libraries  thereunder,  where  a  maintenance  correspond- 
ing thereto  has  not  been  otherwise  provided,  in  municipal- 
ities of  the  first,  second  and  third  classes,  such  tax  levy  shall 
not  exceed  one  mill  on  the  dollar  of  assessed  valuation,  and 
in  municipalities  of  the  fourth,  fifth,  and  sixth  classes  such 
levy  shall  not  exceed  two  mills  on  the  dollar  of  assessed 
valuation. 

Sec.  8.  The  revenue  derived  from  said  tax,  together  with 
all  money  acquired  by  gift,  devise,  bequest,  or  otherwise, 
for  the  purposes  of  the  library,  shall  be  apportioned  to  a 
fund  to  be  designated  the  library  fund,  and  be  applied  to 
the  purposes  herein  authorized.  If  such  payment  into  the 
treasury  should  be  inconsistent  with  the  conditions  or  terms 
of  any  such  gift,  devise,  [or]  bequest,  the  board  shall  pro- 
vide for  the  safety  and  preservation  of  the  same,  and  the 
application  thereof  to  the  use  of  the  library,  in  accordance 
with  the  terms  and  conditions  of  such  gift,  devise  or  be- 
quest. Payments  from  said  fund  shall  be  made  in  the 
manner  provided  for  the  payment  of  other  demands  against 
the  municipality;  provided,  that  demands  upon  said  fund 
shall  be  presented  to  the  board  of  library  trustees  for  allow- 
ance ratjier  than  to  the  legislative  or  other  body  of  the 
municipality. 

Sec.  9.  Every  library  established  under  this  act  shall 
be  forever  free  to  the  inhabitants  and  non-resident  tax- 
payers of  the  municipality,  subject  always  to  such  rules, 
regulations  and  by-laws  as  may  be  made  by  boards  of  li- 
brary trustees;  and  provided,  that  for  violations  of  the 
same  a  person  may  be  fined  or  excluded  from  the  privileges 
of  the  library. 


Acts  1252,  1253  FRESNO    CITY.  432 

See.  10.  Boards  of  library  trustees  and  the  legislative 
bodies  of  neighboring  municipalities  or  boards  of  super- 
visors of  the  counties  in  which  public  libraries  are  situated, 
may  contract  for  lending  the  books  of  such  libraries  to 
residents  of  such  counties  or  neighboring  municipalities, 
upon  a  reasonable  compensation  to  be  paid  by  such  counties 
or  neighboring  municipalities. 

Sec.  11.  The  title  to  all  property  acquired  for  the  pur- 
poses of  such  libraries,  when  not  inconsistent  with  the 
terms  of  its  acquisition,  or  otherwise  d<  siguated,  shall  vest 
in  the  municipalities  in  which  such  libraries  are,  or  are  to 
be,  situated,  and  in  the  name  of  the  municipal  corporations 
may  be  sued  for  and  defended  by  action  at  law  or  other- 
wise. 

Sec.  12.  An  act  entitled  "An  act  to  establish  free  public 
libraries  and  reading  rooms,"  approved  April  twenty-six, 
eighteen  hundred  and  eighty,  is  hereby  repealed;  provided, 
that  as  to  existing  libraries  this  act  is  to  be  deemed  a 
continuation  thereof,  and  such  libraries  shall  be  governed 
hereby  accordingly;  provided,  however,  that  this  act  shall  have 
no  application  to  any  library  established  or  governed  by  the 
provisions  of  a  city  charter,  and  the  provisions  of  any  city 
charter  shall  in  no  manner  be  affected  by  this  act. 

Sec.  13.  Any  ordinance  establishing  a  library  adopted 
under  the  provisions  of  section  one  of  this  act  may  be  repealed 
by  the  body  which  adopted  the  same  upon  being  requested 
to  do  so  by  one-fourth  of  the  electors  of  such  municipal  cor- 
porations, in  the  manner  provided  in  section  two  of  this  act, 
and  upon  -the  repeal  of  such  ordinance  such  library  shall  be 
disestablished  in  such  municipal  corporation. 

Sec.  14.     This  act  shall  take  effect  immediately. 


TITLE   176. 
FRESNO   CITY. 
ACT  1252. 

Fresno,    town    of,    and    Merced,    city,     protection    against    fire. 
[Stats.  1877-8,  p.  214.] 

Superseded   as  to  that  city   by   the   charter  of   Fresno,    1901,    833. 

ACT    1253. 

Preventing  certain  animals  and  fowls  from  running  at  large 
within  the  limits  of  Fresno  City.     [Stats.  1875-6,  p.  57.] 

Repealed   1897,    198. 


433  FRESNO    COUNTY.  Acts  1258-12S7 

TITLE  177. 
FEESNO   COUNTY. 
ACT  1258. 

County  seat,  locating.     [Stats.  1873-4,  p.  913.] 

ACT  1259. 

County  auditor  and  county  recorder,   separation  of  offices   of, 

and   regulation   of   official   salaries   in.      [Stats.   1875-6,   p. 

151.] 

Amended     1875-6,     363;      1877-8,     104.     Repealed     by     County     Govern- 
ment  Acts,    1897,   535,    sec.   182. 

ACT  1260. 

Funds    for   improvement    of    court-house   and    county    hospital 
grounds.      [Stats.  1877-8,  p.  174.] 

ACT  1261. 

Authorizing  transfer  of  funds.      [Stats.  1875-6,  p.  249.] 

Superseded  by  subd.    18,   sec.   25,    County   Government  Act.   1897,    463. 

ACT  1262. 

To  reduce  the  number  of  judges  of  the  superior  court  of  from 
three  to  two.      [Stats.  1895,  p.  156.] 

ACT  1263. 

To  increase  the  number  of  superior  judges  of.     [Stats.   1887, 
p.  57.] 

ACT  1264. 

For    the    appointment    of    an    additional    judge    for.     [Stats. 
1893,  p.  125.] 

ACT  1265. 

To  provide  for  the  maintenance  and  construction  of  roads  in. 
[Stats.  1877-8,  p.  859.] 
Repealed  1883,  5,  chap.   X,   sec.   2. 

,     ACT  1266. 

Issuance   of  bonds  for  the  construction   of  certain   roads   and 
bridges.     [Stats.   1877-8,  p.  395.] 

ACT  1267. 

To  repeal  all   special   laws  in  and  to  apply  the  provisions   of 

the  Political  Code  relating  to  roads  and  highways.     [Stats. 

1873-4,   p.   342.] 
Gen.  Laws— 28 


Acts  1268-1279  FUNDS.  434 

ACT  1268. 

Promoting   sanitary  conditions  in  towns  and  villages.     [Stats. 
1877-8,  p.  383.] 

S'C    BUbd.    20,    sec.    25,    County    Government   Act,    1897,    464. 

ACT  1269. 

Tax  collectors  of,  bonds  of.      [Stats.  1875-6,  p.  16.] 
Repealed    by    County    Government    Act,    1897,    475,    sec.    66. 

ACT  1270. 

Treasurer   of,   salary   of.      [Stats.    1873-4,   p.   236.] 
Amended    1877-8,    255.     Repealed    by    County    Government    Act,    1S97, 
4^2. 

ACT  1271. 

Creating    board    of   water   commissioners    for.     [Stats.    1865-6, 
p.   777.] 

Amended    1875-6.   547. 

ACT  1272. 

Water    ditches    and    water    privileges    in.      [Stats.    1875-6,    p. 

547.] 


TITLE   178. 
FUNDS. 
ACT  1277. 

Authorizing   transfer  to   the  general    fund   of  money   in   other 
funds  of  the  state  treasury.      [Stats.  1871-2,  p.  475.] 
This    act    provided    that    when    the    general    furrd    was    exhausted, 
moneys    In   other   funds   not    needed    In    such    funds   could    be    transferred 

ACT    1278. 

Authorizing  the  governor  to  order  the  transfer  to  the  gen- 
eral fund  of  any  money  that  may  be  in  other  funds  of 
the  state  treasury,  and  the  return  thereof  to  such  funds. 
I  Stats.   1899,  p.  150.] 

ACT  1279. 

Requiring  the  payment  into  the  state  treasury  of  all  moneys 
belonging  to  the  state,  received  by  state  institutions,  com- 
missions, unci  officers,  and  directing  the  disposition  of 
the  proceeds.  [Stats.  1899,  p.  110.] 
Amended   1905.  p.  382;  also  June  14,   1906;     see  Act  1284. 


435  FUNDS.  Acts  1280-1^4 

ACT  1280. 

Providing  for  the  payment  of  moneys  in  the  state  treasury 
to  the  credit  of  the  swamp  land  fund,  to  the  treasurers 
of  the  counties  wherein  the  said  swamp  land  districts  are 
situated,  and  to  provide  for  the  control  of  the  same  by 
the  auditor  and  treasurer  of  said  counties,  and  prescrib- 
ing the  duties  of  the  controller  and  treasurer  in  relation 
thereto.     [Stats.   1891,   p.   243.] 

Cal.    Rep.    Cit.     119,    514. 

ACT   1281. 

Authorizing  controller  and  treasurer  to  transfer  certain  moneys 
in  certain  other  funds  to  the  general  fund.  [Stats.  1893, 
p.  6.] 

ACT  1282. 

Authorizing  the  treasurer  and  controller  to  transfer  moneys 
from  the  state  drainage  construction  fund  to  the  general 
fund.     [Stats.  1891,  p.  237.] 

ACT  1283. 

To  authorize  the  controller  and  treasurer  to  transfer  moneys 
from  the  construction  fund  of  Drainage  District  No.  1 
to  the  general  fund.     [Stats.  1891,  p.  279.] 

ACT    1284. 

An  act  to  amend  an  act  entitled  ' '  An  act  to  amend  section 
one  of  an  act  entitled  an  '  An  act  requiring  the  pay- 
ment into  the  state  treasury  of  all  moneys  belonging 
to  the  state,  received  by  the  various  state  institutions, 
commissions  and  officers,  and  directing  the  disposition 
of  the  same,'  approved  March  seventeenth,  eighteen 
hundred,  and    ninety-nine, ' '    approved    March    20,    1905. 

[Approved  June   14,   1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  said  act  is  hereby  amended 
so  as  to   read   as   follows: 

Section  1.  All  moneys  belonging  to  the  state  received 
from  any  source  whatever  by  any  officer,  commission  or 
commissioner,  board  of  trustees,  board  of  managers  or  board 
of  directors  shall  be  accounted  for  at  the  close  of  each 
month  to  the  state  controller,  in  such  form  as  the  controller 
may   prescribe,  and   at  the  same   time,  on   the   order   of   the 


Acts  1288-1293  GALINAS    SLOUGH— GAMING.  436 

controller,  be  paid  into  the  state  treasury;  provided,  in 
the  ease  of  any  state,  hospital,  asylum,  prison,  school  or 
harbor,  supported  by  or  under  control  of  the  state  said 
money  shall  be  credited  to  a  fund  to  be  known  as  the  contin 
gent  fund  of  the  particular  institution  from  which  such 
money  is  received,  and  may  be  expended  under  the  same 
laws  and  provisions  that  govern  the  expenditure  of  money 
appropriated  for  the  support  of  such  institutions,  anr)  pro- 
vi<l(  d.  that  in  every  case  where  the  law  directs  the  board 
of  trusters,  managers  or  directors,  cr  officer  to  refund 
any  money  upon  the  death  or  discharge  of  any  inmate 
of  said  hospital,  asylum,  prison,  sehool  or  other  institu- 
tion, or  to  provide  a  discharged  inmate  with  any  sum  of 
money  or  with  wearing  apparel,  such  amount  of  money  nec- 
essary shall  hi  paid  by  the  board  of  trustees,  managers  or 
directors  or  officer,  upon  demand;  and  in  the  statement 
to  the  controller  herein  provided  for,  these  amounts  shall 
be  itemized  and  the  aggregate  deducted  from  the  amount 
to  be  paid  into  the  state  treasury;  provided,  further,  that 
all  money  collected  by  hoards  o  fharbor  commissioners 
shall  be  paid  into  the  harbor  improvement  fund  of  the 
respective  harbor  where  collected,  except  so  much  thereof 
as  may  be  necessary  to  pay  the  PJtpenw  of  Urgent  repairs, 
not  to  exceed  in  the  aggregate  ten  thousand  dollars  per 
month,  which  sum,  if  so  much  be  required,  may  be  used 
in  repairing  the  wharves,  piers,  landings,  thoroughfares, 
sheds,  and  other  structures,  and  the  streets  bounding  on 
the  waterfront  under  the  jurisdiction  of  such  board  >£ 
harbor  commissioners,  without  advertising  the  proposals 
therefor. " 

Sec.   2.     This  act   shall   take   effect   immediately. 

TITLE   179. 
GALINAS  SLOUGH. 
ACT  1288. 

Galinas    Slough    or   Creek,   in    Marin    Countv.    declare!    naviga- 
ble.    [Stats.   1S75-6,  p.  485.] 
Repealed   by    Political   Code,    sec.    234'J,    as  amended   in   1891. 


TITLE  180. 
GAMING. 
ACT  1293. 

To  suppress  gaming.     [Stats.   1855,  p.   124.] 
Superseded   by    Penal    Code,    sees.    J30-337. 


437  GAME    LAWS.  Acts  1294-1304 

ACT  1294. 

To   prohibit    gaming.      [Stats.    1857,   p.    267.] 
Superseded   by    Penal   Code.    sees.    330-337. 

ACT  1295. 

To   prohibit   gaming.     [Stats.    I860,   p.   69.] 
Amended   1S63,    723.     Superseded    by    Penal    Code,    sees.    330   et   seq. 


TITLE   181. 
GAME  LAWS. 
ACT  1300. 

To    create   the   office   of   fish   and   game   warden,   and   to   pre- 
scribe   the    powers,    duties,    and    salary     of     such     officer. 
[Stats.   1895,   p.   169.] 
Amended   1905,   319. 
This  act  appears   in  full   in  Political   Cade,   Appends,   p.   1089. 

ACT   1301. 

Authorizing   the    fish    commissioners   to   purchase   the   land    on 

which    the    state    fish    hatcheries    at    Sisson    are    situated. 

[Stats.  1891,  p.  258.] 

This   act  appears   in   full   in    Penal   Code,    Appendix,    p.    601. 

ACT  1302. 

To  provide  for  purchasing  land  for  the  state  fish  hatchery  at 
Sisson,  in  Siskiyou  County,  and  for  making  certain 
improvements  and  repairs  at  said  hatchery,  and  mak- 
ing an  appropriation  therefor.  [Approved  March  25, 
1903.     Stats.   1903,  p.  434.] 

ACT  1303. 

Authorizing     commissioners      to      remove      obstructions     in 

American    River.         [Approved    March    5,    1889.      Stats. 

1889,  p.  66.] 

ACT  1304. 

To  provide  for  removing  obstructions  in  Pitt  River,  above 
the  mouth  of  Hat  Creek,  so  as  to  enable  salmon  to  reach 
the  spawning-grounds  on  the  upper  waters  of  said 
river  and  its  tributaries,  and  making  an  appropriation 
therefor.  [Approved  March  25,  1901.  Stats.  1901,  p 
808.] 


Acts  1305-U1J  GAME    LAWS.  «38 

ACT    1305. 

Authorizing    the    board    of   fish    commissioners    to    construct 
a  steam   launch.      [Stats.    1885,  p.   124.] 

ACT  1306. 

To  authorize  the  board  cf  fish  commissioners  to  purchase 
or  construct  a  gasoline  launch,  to  aid  in  carrying  out 
the  purposes  of  said  board,  and  appropriating  money 
therefor.     [Stats.  1893,  p.  346.] 

ACT    1307. 

Authorizing  fish  commissioners  to  dispose  of  the  steam 
launch  Governor  Stoneman  and  to  replace  it  by  two 
smaller  boats  to  be  used  as  patrol  boats.  [Stats.  1889, 
p.  350.] 

ACT  1308. 

To  authorize  state  board  of  fish  commissioners  to  import 
game  birds  into  the  state  for  propagation.  [Stats.  1889, 
p.  304.] 

ACT  1309. 

Authorizing    fish    commissioners    to    build    and    maintain    a 
salmon  hatchery.      [Stats.  1885,  p.  31.] 

ACT   1310. 

Authorizing  the  board  of  fish  commissioners  to  dispose  of 
tin  hatchery  located  on  Battle  Creek  in  Tehama  Coun- 
tv,  and  to  expend  the  proceeds  of  the  same.  [Stats. 
1897,  p.  89.] 

ACT  1311. 

Nevada  County,  protecting  game  in.      [Stats.   1873-4,  p.  80.] 
"Probably    modified    and    repealed    by    Penal    Code,    sees.    636e,    626f, 
fcSh.    and  6261." — Code   Commissioner's   Note. 

ACT  1312. 

Yolo   County,   restricting   the   hunting   of   game   in.      [Stats. 
1871-2,   p.   411.] 
Probably    superseded     by    the    general     laws    on     the    subject.     See 
Penal    Code,    sees.    635.    636,    636a."— Code   Commissioner'*   Note. 

ACT    1313. 

To  prevent  the  destruction  of  deer  on  Mt.  Diablo,  in  Contra 
Costa    County.      [Stats.    1877-8,    p.    599.] 
This  act  appears  In   full  In  the  Appendix  to  the  Penal  Code,   p.   60«. 


439  GAME    LAWS.  Acts  1314-131:1 

ACT  1314. 

Mocking-birds,  act  to  prevent  destruction  of.     [Stats.  1871-2, 

p.   102.] 

This  act  appears  in  full  in  the  Appendix  to  the  Penal  Code,  p. 
609. 

ACT  1315. 

Sea-gulls   at   Santa   Monica,   protection   of.        [Stats.   1875-6, 
p.  287.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  593, 
Penal   Code. 

This  act  appears   in   full    In   Penal    Code,   p.    609. 

ACT  1316. 

To  prevent  capture  and  destruction  of  blue  cranes.     [Stats. 
1889,   p.   205.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  599, 
Penal  Code. 

This  act  appears  in  full  in  the  Appen-dix  fo  the  Penal  Code,  p. 
608. 

ACT  1317. 

To   prevent   destruction   of  fish   and   game   in   the   waters  of 

Lake     Merritt,    Alameda     County.      [Stats.     1869-70,    p. 

325.] 

Continued  in  force  by  Political  Code,  sec.  19,  and  Penal  Code, 
sec.   23. 

ACT  1318. 

Napa   County,   for    the    protection    of    fish    and    game    in. 

[Stats.   1871-2,   p.   550.] 

"Probably  repealed  by  the  general  laws  upon  the  subject.  See 
Penal  Code,    sees.   635,   636,   636a."— Code  Commissioners'    Note. 

ACT  1319. 

To  regulate  the  vocation  of  fishing,  and  -to  provide  there- 
from revenue  for  the  protection  and  preservation  of 
fish.     [Stats.  1887,  p.  233.] 

ACT  1320. 

To  prohibit  aliens  from  fishing  in  the  waters  of  this  state. 
[Stats.    180,    p.    123.] 

Unconstitutional.     (People   v.    Parks,    58    Cal.   624.) 

In  full  in  Penal  Code,   Appendix,   p.   603. 

ACT  1321. 

For   the   protection   of   certain   kinds   of   fish.     [Stats.    1880, 
p.   106.] 


Acts  1322-1329  GAME    LAWS.  MO 

Expired  in  1SS2. 

This    act    prohibited    the    catching   of  catfish,    except    by    hook    and 
line. 

ACT  1322. 

Construction,    maintenance,    and    regulation    of    fishways    in 

streams    frequented    by    salmon,    shad,    etc.     [Approved 

April   16,  1880.     Stats."  1880,  p.  121.] 

This  act  is  in   the   Penal  Code.    Appendix,  p.   603;     also  In   Political 
Code,    Appendix,    p.    1090. 

ACT  1323. 

Alameda  Countv,  prohibiting  destruction  of  fish  in.     [Stats. 
1877-8,  p.  598.] 
This  act   is  In   the  Penal   Code,    Appendix,   p.   606. 

ACT    1324. 

To    prevent    destruction    of    fish    in     Bolinas   Bay.      [Stats. 
1865-6,   p.   637.] 
Continued  in  force  by  Political  Code,   sec.   19,   an-d   Penal  Code,   sec. 
23. 

ACT   1325. 

For  the  protection  of  fish  in   Butte  Creek,  in   the  county  of 
Butte.      [Stats.    1871-2,   p.   138.] 
Amended    18T3-4,    S7.     Probably   superseded    by    the   general    laws   on 
the    subject. 

ACT  1326. 

Regulating   salmon    fisheries   on    Eel    River.         [Stats.    1859, 
p.   298.] 
Continued   In   force  by  Political  Code,   sec.   19,   and  Penal  Code,   sec. 
23.     See   Hickman  v.    Swett,    107   Cal.   276. 

ACT  1327. 

Lake  Bigler,  preservation    >f  fish   in   the  waters  of.     [Stats. 
1877-8,   p.   746.] 

This   act  appears   in   full    in   the  Penal   Code,   Appendix,    p.   606. 

ACT  1328. 

Kings    River,    to    prevent   destruction   of   fish   in.        [Stats. 
1877-8,   p.   601.] 
This  act  appears  in  the  Penal  Code,  Appendix,  606. 

ACT  1329. 

To   prevent  destruction   of  fish   in   Napa  River  and   Sonoma 
Creek.      |_dtats.    1867-8,   p.    13.] 

Amended   1871-2,    HI. 

Continued    in    force    by    Political    Code,    sec.    19,    and    Penal    Code, 
sec.    *? 


441  GAS.  .  Acts  1330-1312 

ACT  1330. 

San    Antonio    Creek,   preventing    catching    of    fish    in,    by 
seines,    nets,    or   weirs.     [Stats.    1875-6,    p.    362.] 

This  act  appears   in  the  Penal  Code,   Appendix,   p.   605. 

See  Penal   Code,    sees.   636,   636a. 

ACT   1331. 

Plumas    and   Sierra    counties,  -protecting   fish   in    waters   of. 
[Stats.   1871-2,   p.   794.] 
Repealed  1873-4.    154. 

ACT  1332. 

Plumas     and    Sierra    Counties,    protecting    fish    in.      [Stats. 
1873-4,  p.   154.] 
Repealed  1875-6,    725. 

ACT  1333. 

Siskiyou  County,  preservation  of  fish  in  waters  of.     [Stats. 
1871-2,  p.  385.] 
"Probably   superseded    by   the   g-eneral    laws   upon    the   subject.     See  ■ 
Penal   Code,    sees.   635,    636,   636a."— Code   Commissioners'    Note. 

ACT  1334. 

Concerning  trout  in  Siskiyou  County.     [Stats.  1865-6,  p.  857.] 

Continued  in  force  by   Political  Code,   sec.   19,   and  Penal   Code,   sec. 
23. 

Modified     by     Penal     Code,     sees.     628,     632."— Code     Commissioners' 
Note. 

ACT  1335. 

Concerning     the     payment     of     costs    of    trials    of    persons 

charged  with  violation  of  the  laws  for  the  preservation 

of  fish.      [Stats.  1887,  p.  5.] 

Amended  1903,   20. 

This  act  provi-ded  that  the  expense  should  be  borne  by   the  state. 
It   is   In   the   Penal    Code,    Appendix,    p.    602. 


TITLE  182. 
GAS. 
ACT    1341. 

For    the    protection    of    gas-light    companies.     [Stats.    1859, 
p.   309.] 
Superseded   by   Penal   Code,    sec.    498. 
ACT    1342. 

Concerning   gas   companies.      [Stats.   1869-70,   p.   815.] 
This  act  provided  for  the  granting  of  franchises  to  gas  companies. 
It    was   continued    in    force   by    sec.    19,    Pol.    Coae,    but    was    superseded 
by  the  constitution  of  1879,  art.   XI,   sec.   19. 
Cal.    Rep.    Cit.    139,    183. 


Acts  1343,  1344,  j  1  •  GAS.  442 

ACT   1343. 

To  regulate  the  use  of  illuminating  gas.     [Approved  March 

20,    1903.     Stats.    1903,    p.    289.] 

This  act  appears  in  full  In  Penal  Covle,  Appendix,  p.  610.  It  pro- 
vided gas  should  not  be  turned  off  at  meter  by  hotel  or  lodging-house 
keepers. 

ACT    1344. 

An  act  to  regulate  the  quality  and  standard  illuminating 
power  and  the  price  of  gas  in  all  cities  within  the  state 
of  California  having  a  population  of  one  hundred  thou- 
sand or  more. 

[Approved   March  4,   1878.     Stats.   1877-8,  p.   167.] 

Repealed  as  to   San  Francisco  by   chap.   2  of  art.    I  of  the  charter. 
Cal.   Rep.   Clt.     62,   591;    76,   326. 

Quality  and   price   of  gas  to  be  fixed   by  whom. 

Section  1.  That  in  all  cities  in  the  state  of  California 
having  a  population  of  one  hundred  thousand  or  more,  the 
local  legislative  body  thereof,  whether  known  and  desig- 
nated as  the  b.iard  of  supervisors,  or  board  of  aldermen,  ir 
common  council,  or  board  of  trustees,  or  otherwise,  are 
hereby  authorized  and  required  to  fix  the  standard  quality 
and  illuminating  power  of  gas  to  be  furnished,  and  the 
rate  and  price  for  each  one  thousand  cubic  feet  to  be 
charged  therefor  by  any  person,  company,  or  corporation 
whose  pipes  or  mains  are  or  shall  be  laid  down  in  the 
streets  or  highways  of  such  city,  for  the  purpose  of  supply- 
ing gas  for  the  use  of  such  city,  or  for  the  inhabitants 
thereof,  or  for  such  city  and  its  inhabitants;  provided, 
however,  that  said  board  or  local  authority  shall  not  fix  or 
establish  the  standard  quality  and  illuminating  power  of 
gas  in  such  city  at  less  than  sixteen-eandle  power,  or  such 
that  five  cubic  feet  of  gas  per  hour  so  furnished  shall  give 
light  at  least  equal  to  that  afforded  by  the  combustion  of 
sixteen  standard  sperm  candles  consuming  one  hundred 
and  twenty  grains  of  sperm  each  per  hour,  the  burner  to 
be  used  in  making  such  test  to  be  that  best  adapted  to 
the  economical  consumption  of  gas;  and  provided,  further, 
that  such  board  of  supervisors,  or  local  legislative  author- 
ity, by  whatever  name  it  may  be  known,  shall  not  fix  or 
establish  the  rate  or  price  of  gas  so  furnished  to  such  city 
or  its  inhabitants  at  any  greater  price  or  rate  than  three 
dollars  per   thousand   cubic   feet. 


4i3  GAS.  Act  1244,  §    : 

Mayor  to  appoint  an  inspector. 

Sec.  2.  It  shall  be  the  duty  of  the  mayor  of  each  city 
having  the  population  mentioned  in  section  one  of  this  act, 
and  such  mayor  is  hereby  required,  within  thirty  days  after 
the  passage  and  approval  of  this  act,  to  appoint,  subject 
to  the  approval  of  the  board  of  supervisors,  or  other  local 
legislative  body  aforesaid,  a  person  of  competent  experi- 
ence and  knowledge  of  and  concerning  the  proper  qualities 
and  illuminating  power  of  gas,  and  who  shall  not  be  directly 
or  indirectly  interested  in  or  connected  with  any  person, 
company,  or  corporation  engaged  in  the  manufacture  or 
furnishing  of  illuminating  gas  in  such  city,  or  elsewhere, 
either  to  such  city  or  its  inhabitants,  or  any  of  them, 
either  as  a  stockholder  or  otherwise,  who  shall  be  known 
and  designated  as  gas  inspector  of  such  city,  who  shall 
hold  his  said  office  for  the  term  of  two  years,  or  until  his 
successor  shall  be  appointed  and  qualified;  subject,  how- 
ever, to  removal  from  his  said  office  by  the  mayor,  with 
the  concurrence  of  a  majority  of  the  board  of  supervisors, 
or  other  local  legislative  board  aforesaid,  for  any  one  of 
the  following  causes,  to  wit:  by  reason  of  any  interest  in 
the  manufacture  or  furnishing  of  gas  in  such  city,  whether 
such  interest  existed  at  the  date  of  his  appointment  or  was 
afterward  acquired,  or  for  want  of  competent  knowledge, 
skill,  or  experience  to  enable  him  properly  to  discharge  the 
duties  of  said  office,  or  for  any  neglect,  misconduct,  or  in- 
efficiency in  the  discharge  of  the  duties  of  said  office,  to 
the  prejudice  of  such  city,  or  its  inhabitants,  or  any  of 
them.  The  person  so  appointed  shall,  before  he  enters 
upon  the  duties  of  said  office,  and  within  ten  days  after  his 
appointment  and  confirmation,  take  and  subscribe  an  oath 
or  affirmation  before  the  county  judge  of  the  county  in 
which  such  city  is  situated,  that  he  will  faithfully  and  im- 
partially perform  and  discharge  all  the  duties  required  by 
this  act  and  the  ordinances  or  resolutions  of  said  board 
passed  or  adopted  under  and  pursuant  to  the  provisions 
thereof,  as  such  gas  inspector  of  such  city,  and  shall  also, 
within  the  same  time,  give  bond  to  the  city  in  and  for 
which  he  is  appointed,  in  the  sum  of  ten  thousand  dollars, 
with  sureties  to  be  approved  by  said  board,  conditioned  for 
the  faithful  performance  of  the  duties  of  said  office,  which 
said  oath  and  bond  shall  be  filed  with  the  clerk  of  said 
board.  Such  gas  inspector  shall  be  entitled  to  a  salary  to 
be  fixed  and  allowed  by  said  board,  which  shall  be  paid 
monthly  out  of  the  general  fund  of  such  city. 


Act  1344,  §J  3-5  GAS.  441 

Duty   of  inspector. 

See.  3.  It  shall  be  the  duty  of  such  inspector,  imme- 
diately upon  his  appointment  and  qualification  as  such 
officer,  as  aforesaid,  to  make  a  careful  examination  and 
inquirj'  by  inspection,  letter,  or  otherwise,  as  to  the  quality 
and  illuminating  power  of  the  gas  furnished  and  used  in 
the  principal  cities  of  the  United  States,  and  the  prices 
charged  therefor,  and  also  the  comparative  cost  of  the 
manufacture  and  supply  of  gas  in  other  cities  of  the  United 
States,  with  the  cost  of  the  manufacture  and  supply  of  the 
same  in  the  city  for  which  he  is  such  inspector,  and  report 
fully  the  result  of  such  examination  and  information  to 
said  board  within  six  months  after  his  appointment  and 
qualification;  and  upon  receiving  such  reports,  said  board 
shall  proceed  to  fix  and  establish  t ho  quality  and  standard 
illuminating  power  of  gas  to  be  used  in  such  city,  and  the 
maximum  price  to  be  charged  therefor;  and  such  standard 
and  price  may  be  changed  by  said  board  from  time  to  time, 
not  oftcner  than  once  every  year,  as  increased  consumption 
or  other  circumstances  may  in  their  judgment  require. 

Same. 

Sec.  4.  After  said  board  shall  have  fixed  and  established 
the  quality  and  illuminating  power,  and  the  price  of  gas, 
as  hereinbefore,  it  shall  be  the  duty  of  such  inspector  to 
examine  and  inspect,  from  time  to  time,  at  least  once 
every  week,  without  notice  to  the  person,  company,  or 
corporation  furnishing  the  same,  the  quality  and  illuminat- 
ing power  of  the  gas  furnished  to  such  city  and  the  in- 
habitants thereof,  and  in  case  the  same  shall  fall  below 
the  standard  fixed  by  said  board,  the  said  inspector  shall 
forthwith  report  the  same  to  said  board;  and  at  such  other 
times  as  he  may  be  requested  thereto  by  the  mayor  or  any 
committee  of  said  board,  he  shall  report  to  said  board 
upon  any  and  all  matters  connected  with  the  manufacture, 
supply,  and  consumption  of  gas  coming  within  the  scope 
of  his  official  duties,  and  specially  upon  any  subject  or  sub- 
jects, matters  or  things,  connected  therewith  and  specified 
in  such  request. 

Certain   acts   declared   unlawful. 

Sec.  5.  After  said  board  shall  have  fixed  and  estab- 
lished the  quality  and  standard  illuminating  power  of  the 
gas,  and  the  price  per  thousand  cubic  feet,  as  in  this  act 
provided    to    be   charged    therefor,    it    shall    be    unlawful    for 


445  GAS.  Act  1344,   §  §  6,  7 

any  person,  company,  or  corporation  to  furnish  to  such 
city,  or  any  inhabitant  thereof,  or  other  person  therein, 
for  illuminating  purposes,  gas  of  a  lower  standard  or  qual- 
ity, or  to  charge  or  receive  therefor  a  higher  price  than  is 
provided  by  said  board,  under  the  authority  and  subject  to 
the  limitations  of  this  act;  and  for  every  violation  of  the 
provisions  of  this  act,  or  the  provisions  of  any  order,  reso- 
lution, or  ordinance  of  said  board  made  in  pursuance 
thereof,  every  such  person,  company,  or  corporation  shall 
incur  a  penalty  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  to  be  recovered  in  a  civil  action 
in  the  name  and  for  the  use  of  such  city,  in  any  court  of 
competent  jurisdiction;  and  each  day  upon  which  such  per- 
son, company,  or  corporation  shall,  without  reasonable 
cause  or  excuse  therefor,  furnish  gas  of  a  lower  quality 
or  standard  illuminating  power  than  that  fixed  by  said 
board,  shall  constitute  and  be  considered  and  held  one 
violation  thereof,  and  each  month  or  shorter  period  for 
which  said  person,  company,  or  corporation  shall  take  an 
account  of  gas  consumed,  and  for  which  they  shall  charge 
or  receive  a  price  greater  than  that  fixed  by  said  board, 
shall  be  held  and  regarded  as  one  offense,  and  any  number 
of  such  offenses  of  either  class,  or  both,  majr  be  joined 
in  the  same  action,  and  the  several  penalties  for  the  sev- 
eral violations  proved  or  confessed  in  said  action  may  be 
united  and  recovered  in  the  same  judgment;  and  such  per- 
son, company,  or  corporation  shall  also  be  liable  to  such 
city  and  to  any  and  each  person  or  corporation  who  shall 
be  injured  by  any  such  violation,  in  double  the  amount  of 
damages  actually  sustained. 

Actions  tried,  by  whom. 

Sec.  6.  All  actions  for  penalties  under  the  provisions  of 
this  act  shall  be  tried  by  the  court,  unless  a  jury  be  de- 
manded by  either  party;  and  when  such  action  shall  be 
tried  by  a  jury,  the  jury  shall  find,  as  to  each  violation 
charged  in  the  complaint,  that  "the  defendant  is  guilty," 
„r  "the  defendant  is  not  guilty;"  and  upon  each  charge  in 
respect  to  which  the  jury  has  found  the  defendant  guilty, 
the  court  shall  fix  the  penalty,  and  render  judgment  for  the 
aggregate  amount  of  such  penalties,  together  with  costs  of 
suit. 

Sec.  7.  All  penalties  recovered  under  this  act  shall  be 
paid  into  the  general  fund  of  such  city. 


Acts  1343-1362    GEOLOGICAL    SURVEY— GLENN    COUNTY.  446 

Sec.  8.  This  act  shall  apply  to  the  city  and  county  of 
San  Francisco,  as  well  as  to  cities  whose  municipal  govern- 
ment ;s  distinct  from  the  county  in  which  they  are  located. 

Sec.  9.     This  act  shall  take  effect  immediately. 


TITLE   183. 
GEOLOGICAL  SURVEY. 
ACT  1349. 

To  continue  the  geological  survey  of  the  state  of  California. 
[Stats.  1871-2,  p.  355.] 

"Probably  Intended   to  be  repealed  by  lS7:>-4,   C94,   chap.    CDLXI1I  " 
— Co-de   Commissioners'    Note. 

ACT  1350. 

State  geological  survey,  preservation  of  material  of.     [Stats. 
1873-4,   p.  694.J 

TITLE   184. 
GIFTS. 
ACT  1355. 

To  provide  for  the  receipt  of  donations  to  the  state  coun- 
ties, counties,  cities  and  counties,  or  towns.  [Stats. 
1880,  p.  20.] 

ACT  1356. 

To  authorize  the  several  counties,  cities  and  counties,  cities, 
and  towns  to  receive  gifts.      [Stats.  1881,  p.  2. J 

Codified    by    amendmtnt    of    Civil    Code,    1905.     See    note    to    {    U7ft, 
Civil   Code. 


TITLE   185. 
GILROY. 
ACT  1357. 

Incorporating  Gilroy.     [Stats.   1869-70,  p.   263.] 

Amended    1871-2,    356;     1S75-C.    724. 


TITLE  186. 
GLENN  COUNTY. 
ACT  1362. 

To    create   the    county   of   Glenn,   establish    the   government, 
and   provide  for  its  organization.     [Stats.   1891,  p.  98.J 

Amended    1893,    158. 
Cal.    Rep.    Clt.     104.    236;     122.    429. 


447 


GOATS— GOOD    TEMPLARS.  Acts  1367-1:17-; 


TITLE   187. 

GOATS. 

To  protect   cashmere  and  angora  goats  from  the  ravages  of 

dogs. 

•  See  title  Dogs,  ante. 

ACT  1367. 

An  act  to  prevent  buck  goats  running  at  large. 

[Approved  March  23,  1878.     Stats.  1877-8,  p.  437.] 

Codified   by   amendment   of   Penal    Code,    1905.     See    note   to    j    597g. 
Penal   Code. 

Buck  goats  not  to  run  at  large. 

Section  1.  It  shall  not  be  lawful  for  the  owner  or  owners 
of  any  buck  goat  or  goats,  or  any  person  or  persons  in  charge 
of  such  goat  or  goats,  to  turn  or  permit  such  goat  or  goats 
to  be  turned  or  run  at  large  in  any  county  of  this  state 

Penalty   for  violation. 

Sec.  2.  Any  person  violating  the  provisions  of  the  first 
section  of  this  act  shall,  upon  complaint  and  conviction  be- 
fore a  justice  of  the  peace  of  the  proper  township,  be  fined 
in  a  sum  not  less  than  five  dollars,  nor  more  than  twenty 
dollars,  to  be  collected  as  fines  are  now  by  law  collected. 

Sec.  3.  This  act  stall  take  effect  on  and  after  the  first 
day  of  July,  eighteen  hundred   and  seventy-eight. 

Goats  in  particular  cities  or  counties,  see  particular  title. 


TITLE  188. 
GOLDEN   CITY    HOMESTEAD    ASSOCIATION. 
ACT    1372. 

To  authorize  sale  and  conveyance  of  lands  in  San  Francisco 
to  Golden  City  Eomcstead  Association.  [Stats.  1863-4, 
p.  463.] 

This    act    permitted    the    commissioners    of    swamp    and    overflowed 
lands   to  sell  certain   lands   to   this   homestead   association. 


TITLE  189. 
GOOD    TEMPLARS. 
ACT    1377. 

Concerning     Independent     Order     of   Good    Templars.     [Stats. 
1863,  p.  101.] 


Acts  1382-13S8  GOVERNOR.  «S 

See  sec.   2S8,   Civ.   Code. 

This    act    gave    authority    to    acquire    property    necessary    to    carry 
out  its  charitable  purpose. 


TITLE   190. 
GOVERNOR. 
ACT    1382. 

Authorizing  the  appointment   of  a   stenographer   for.     [Stats. 

1891,    p.    1.] 

This   act  appears  in   full   in   Political   Code,    Appendix,    p.    1092. 

ACT    1383. 

Governor's  mansion,   fitting  up   for  use  as    a    state    printing 
office  and  state  armory.     [Stats.   1873-4,  p.  903.] 

-Repealed  1875-6,  22  (Am.). 

ACT    1384. 

Providing    for    the   maintenance   of   a    residence    for.     [Stats. 
1899,  p.  150.] 

ACT  1385. 

Providing  for  the   construction  and   furnishing  of  a  residence 
for.     [Stats.   1899,  p.  73.] 

Amended  1903,   415. 

ACT    1386. 

Empowering  the  governor  to  execute  a  quitclaim  deed  to  the 

successors   in   interest   of   James   Bowman.     [Stats.   1893, 

p.  151.] 

ACT    1387. 

Imposing     certain      duties     on,    respecting    rewards.     [Stats. 
1875-6,  p.  855.] 

Repealed    by    §    1547,    Penal    Code,    as   amended   1905. 
Cal.    Rep.   Cit     63,   466. 

This   act   authorized   the   governor   to   offer   rewards.     It   appears   In 
full    in    the    Appendix    to   the    Penal    Code,    p.    610. 

ACT  1388. 

Au  act  making  an  appropriation  to  provide  for  a  deficiency 
in  the  postage,  expressage,  t<  legraphing,  traveling  and 
contingent  fund  of  the  governor's  office  for  the  fifty- 
seventh   fiscal   year. 

[Approved  June   14,   1906.] 


449    GRAND   ARMY   OF  REPUBLIC— GROWING   TREES.    Acta  1392-1403 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  sum  of  five  hundred  ($500.00)  dollars 
is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated  to  provide  for  a  de- 
ficiency in  the  postage,  ■  expressage,  telegraphing,  traveling 
and  contingent  expenses  of  the  governor's  office  for  the 
fifty-seventh  fiscal  year. 

Sec.  2.  The  controller  is  hereby  authorized  to  draw  his 
warrant  for  the  said  sum  and  the  treasurer  is  hereby  direct- 
ed to  pay  the  same. 

See.  3.     This  act  shall  take  effect  immediately. 


TITLE  191. 

GEAND  ARMY  OF  THE  REPUBLIC. 
ACT    1392. 

To  prevent  persons  from  unlawfullv  wearing  badge  of  Grand 

Army  of  the  Republic.      [Stats.   1887,   p.    82.] 

This  act   appears   In   full   in   the   Penal    Code,    Appendix,   p.    611. 


TITLE  192. 
GRASS   VALLEY. 
ACT    1397. 

Incorporating  Grass  Valley.      [Stats.  1861,  p.  153.] 

Amended    1862.    98;      1863-4.    57;      1865-6;     363;     1869-70,    16,    47;     1877-8, 
192.     Repealed   by   new   charter  1S93,   628. 


TITLE   193. 
GROWING   TREES. 
ACT    1402. 

To    protect    growing    timber    on    possessory    claims    and    other 
private  property,   and    on   streets   and  highways   and  pub- 
lic grounds.     [Stats.  1862,  p.  307.] 
Superseded  by  Penal   Code. 

ACT    1403. 

To   prevent   the  destruction   of  timber   on  the  public  lands   of 
this  state.      [Stats.  1863-4,  p.  136.] 
Supplemented    1963-i,    435.     Superseded    by    Penal    Code. 
Gen.  Laws—  29 


Acts  1404-1421    GUARDIAN    AND    WARD— HARBOR    COMMRS.  4iJ 

ACT    1404. 

To   provide   for   tbe   punishment   of    persons    cutting    timber 

upon  or  carrying  away  the  same  when  cut  down  from  any 

of  the    swamp    and    overflowed,    tide,    marsh,    or    school 

lands.     [Stats.   1863,  p.   739.] 

Superseded   by    Penal   Code,    sec.   603. 
Cal.   Rep    Cit.    60.   82. 

ACT    1405. 

To  protect  the  Big  Tree  groves  of  Fresno,  Tulare,  and  Kern 

counties.     [Stats.    1873-4,   p.   347.] 

This  act  appears  In   full  In  the   Penal  Code,   Appendix,   p.   6LL 


TITLE  194. 
GUARDIAN  AND  WARD. 
ACT  1410. 

To    provide   for   the    appointment    and   prescribe   the    duties 
of  guardians.     [Stats.  1850,  p.  268.] 

Supplemented    1853,    129;      1857,    120.     Amended    1860,    177;      1861,    6U3; 
1863-70,    791.     Superseded    by    Civil    Code,    sees.     236-25S.    See,    also,    pro- 
visions In  Code  of  Civil   Procedure. 
Cal.   Rep.   Cit.    63,   740;    68,   86;    93,  105. 


TITLE   195. 
HABEAS  CORPUS. 
ACT  1415. 

Concerning  the  writ  of  habeas  corpus.     [Stats.  1850,  p.  333.] 
Amended    1854,    26.     Supplemented     1S59,     15.    Superseded     by     Penal 
Code,  sees.   1473-1505. 

TITLE   196. 
HARBOR  COMMISSIONERS. 
ACT  1420. 

Authorizing  the  reduction  or  abolition  of  rates  of  dockage 
by.     [Stats.  1871-2,  p.  797.] 

Probably    superseded    by    Political    Code,    sec.    2526,    as   amended    in 
1876. 

ACT   1421. 

To    authorize    the    board   of   state    harbor    commissioners    to 

make  repairs  upon  private  wharves  in  their  possession. 

[Stats.   1873-4,  p.  663.] 

This  act    appears   :n   full   in   Political   Code,    Appendix,    p.    1098. 


450a  HARBOR   COMMISSIONERS.  Acts  1422-1428 

ACT  1422. 

Concerning    state    harbor    commissioners.         [Stats.    1873-4, 
p.   910.] 

Superseded  apparently  by  the  provisions  of  sees.  2520-2564,  ,  Pol. 
Code. 

This  act  related  to  the  harbor  commissioners  of  San  Francisco, 
ami  placed   them   under   the  control   of   the   state   harbor   commissioners 

ACT  1423. 

State    harbor    commissioners,    granting    further    powers    to. 

[Stats.   1873-4,  p.   912.] 

Superseded  apparently  by  the  provisions  of  sees.  2520-2554,  Pol. 
Code. 

ACT  1424. 

To    authorize    the    board    of   state    harbor   commissioners   to 
construct    railroads    over    state    lands    and    along    the 
water-front   of  San   Francisco,   and   to  regulate   the   use 
of  the  same.     [Stats.  1889,  p.  388.] 
Superseded  by  Political   Code,   sec.   2524. 

ACT   1425. 

To  provide  penalties  for  failure  to  pay  tolls,  by  false  re- 
turns or  otherwise,  to  any  board  of  state  harbor  com- 
missioners.    [Stats.   1891,  p.  27.] 

This  act  appears  in  full  in  Political  Code,  Appendix,   p.   1093. 

ACT  1426. 

To  provide  for  the  issuing  and  sale  of  state  bonds  to  create 
a  fund  for  the  use  of  the  state  board  of  harbor  com- 
missioners in  constructing  and  furnishing  of  a  general 
ferry  ana  passenger  depot  in  San  Francisco.  [Stats. 
1891,  p.   110.]. 

ACT  1427. 

To     extend  the     jurisdiction    of    the     harbor     commissioners 

over  East  Street,  San  Francisco.     [Stats.  1891,  p.  261.] 

Superseded  by   Political   Code,   sec.    2524,   as  amended   190? ,   620. 

ACT  1428. 

Authorizing   the   board   of   harbor   commissioners  co   rectify 

the  alignment  of  East  Street,  and  employing,  the  board 

to     sell,     condemn,     and     acquire     adjacent  property. 

Stats.  1891,  p.  27U.] 

This  act  appears   in  full   in   Political   Code,    Appendix,  p.    1095. 


Acts  1429-1433  HARBOR    COMMISSIONERS.  450b 

ACT  1429. 

To  authorize  and  empower  the  board  of  state  harbor  com- 
missioners to  institute  condemnation  proceedings 
inst  certain  property  on  the  corner  of  Market,  Sac- 
ra nunto  and  East  streets,  in  the  city  and  county  of  San 
Francisco,  and  extending  their  jurisdiction  over  the 
same.  [Stats.  1895,  p.  79.] 
This  act  appears   in   full   in   Political  Code,   Appendix,   p.    1095. 

ACT  1430. 

To    authorize    the   state   board    of   harbor    commissioners    to 
establish    and    maintain    a   free    public    market    upon    the 
water-front  of  San  Fram  Lsco,  and  providing  for  toe  ex- 
penses and  regulations  thereof.      [Stats.  1897,  p.  238.] 
Amended  1903,   76.  • 
This  act  appears  in  full  in  Political  Code,   Appendix,   p.- 1096. 

ACT  1431. 

Empowering  the  state  board  of  harbor  commissioners  to 
insure  against  loss  or  damage  by  fire  the  property  of 
the  state  located  on  the  water-front  of  San  Francisco. 
[Stats.  1901,  p.  809.] 

Amended   1905,   29.".. 

This  act  appears   in    full   fh   Political   Code,   Appendix,    p.    1094. 

ACT  1432. 

Concerning  the  water-front  of  the  city  and  county  of  San 
Francisco.      [Stats.    1877-8,"  p.    263.] 

Amended    1S80,    10;     1889,    379;     1891,     233;     1896,    194;     1901,    627;     190u, 
109.     See   Political   Code,   sec.    2524. 

This   act   related   to   the   jurisdiction    of    the    harbor   commissioners. 

ACT  1433. 

An  act  to  provide  for  the  reconstruction  and  repair  by  the 
Board  of  State  Harbor  Commissioners  of  the  damaged 
property  of  the  State  of  California  situated  on  the 
water  front  of  the  city  and  county  of  San  Francisco, 
and  making  an  appropriation  therefor. 

[Approved  .lune   14,   1906.] 

The  people  of  the  state  of  California,  represented  in  senate 

ami    assembly,   do   enact    as    follows: 

Section    1.     The    Bjard    of    State    Harbor    Commissioners 

are    hereby    authorized    and    empowered    in    the    manner   and 

method    authorized    by    law    to    reconstruct    and    repair    the 


4S0c  HASTINGS    COLLEGE— HIGHWAYS.  A.;ts  M86-144sl 

damaged  property  of  the  State  of  California,  situated  on 
the  water  front  of  the  city  and  county  of  San  Francisco. 

Sec.  2.  There  is  hereby  appropriated,  for  said  purposes, 
out  of  any  moneys  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  one  hundred  thousand  (100,000.00) 
dollars,  and  the  state  controller  and  the  state  treasurer  are 
hereby  directed  to  transfer  said  sum  from  the  general  fund 
to   the   San  Francisco   harbor  improvement   fund. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and   after  its   passage. 


TITLE   197. 
HASTINGS    COLLEGE     OF    THE     LAW. 
ACT  1436. 

Hastings  College  of  Law,  creating.      [Stats.   1877-8,  p.  533.] 
Superseded    by    amendatory    act    of    1883,    26,    chap.     XX,    but    this 
act  was   pronounced  unconstitutional   in   People  v.    Kewen,   69   Cal.    215." 
— Code   Commissioners'    Note. 


TITLE    198. 
HAYWARDS. 
ACT  1441. 

Incorporating.      [Stats.   1875-6,  p.  215.] 
Superseded     by    incorporation,     in    1S92,     under    Municipal    Govern- 
ment Act  of  1S83. 


TITLE    199. 
HEALDSBUKG. 
ACT  1446. 

Charter   of.      [Stats.    1873-4,    p.    665.] 
Amended     1875-6,     90,     891.     Superseded     by     incoipoiating,     in     1883, 
under   Municipal   Government  Act   of  1SS3. 


HEALTH. 
See    Public    Health. 


TITLE  200. 
HIGHWAYS. 
ACT  1449. 

An  act  to  provide  for  the  formation  of  boulevard   districts 
and    the    construction,    maintenance,    and    use  of  boule- 
vards and  denning  the  term  boulevard. 
[Approved  March  22,  1905.     Stats.  1905,  p.  754.] 


A,  i  1*49,  §  5  1-3  HIGHWAYS.  4WW 

Section  1.  Any  portion  of  a  county  not  contained  in  a 
boulevard  district  ma;  be  formed  into  a  boulevard  district 
under  the   provisions  of  this  act,  and  when  so  formed  shall 

be  known  and  designated  by  the  name  and  style  of  

boulevard  district  (using  the  name  of  the  district),  of 


county  (using  the  name  of  the  county  in  which  said  dis- 
trict is  located),  and  shall  have  the  rights  herein  enum- 
erated  and  such  as   may  hereafter  It   conferred  by   law. 

Sec.  2.  A  petition  for  the  formation  of  such  boulevard 
district  (naming  it)  may  be  presentei  to  the  board  of  su- 
pervisors of  the  county  wherein  the  district  is  proposed  to 
be  formed,  which  said  petition  shall  be  signed  by  not  less 
than  twenty  five  freeholders,  resident  within  the  proposed 
district,    and    shall    contain — 

(1)  The  boundaries  of  the   proposed  district. 

(2)  The  number  of  acres  contained  therein  and  the  ap- 
proximate   value   thereof   and    of   the   improvements   thereon. 

(3)  A  particular  description  of  the  boulevard  which  it   is 

desired    to   lay   out.   open    and   construct. 

(4)  A  request  that  an  election  be  called  within  said  dis- 
trict for  the  purpose  of  determining  the  question  of  the 
formation  of  said  boulevard  district  and  the  building  of 
the  boulevard  described  in  said  petition.  Such  petition 
must  also  be  accompanied  by  a  map  showing  the  location 
of  said  boulevard,  and  of  said  district  with  relation  to  the 
territory  immediately  contiguous  thereto;  also  with  a  cross- 
section  and  profile  of  said  proposed  boulevard,  together  with 
specifications  for  tin  construction  thereof,  which  said  map 
shall  be  approved  as  to  location  of  the  boulevard  and  said 
cross-section,  profile  and  specifications,  as  to  manner  of  con- 
struction, by  the  county  surveyor  of  the  county  in  which  said 
proposed  district  is  located.  There  shall  also  be  filed  with 
said  board  of  supervisors,  at  the  time  said  petition  is  pre- 
sented, a  bond  in  the  sum  of  not  more  than  three' hundred 
dollars,  with  two  sufficient  sureties,  to  be  approved  by  said 
board,  who  shall  each  qualify  in  double  the  amount  of  the 
penal  sum  thereof,  conditioned  that  they  will  pay  the  ex- 
pense and  cost  of  said  election  in  an  amount  not  exceeding 
the  amount  mentioned  in  said  bond,  as  the  penal  sum  tin  i 

in  case  such  election  shall  tail  to  carry. 

Sec.  3.  Such  petition  must  be  presented  at  a  regular 
meeting  of  said  board  ol  supervisors  and  they  shall  there,- 
upon  fix  a  time  for  hearing  said  petition,  not  less  than 
twenty-one  nor  more  than  thirty  days  after  the  date  of 
presentation  thereof,  and  shall  publish  a  notice  of  the  tact 
that    such    petition    has    been    filed    (referring    to    the    same 


iJOe  HIGHWAYS.  Act  1449,  §§  I-? 

on  file  with  the  clerk  of  the  board  of  supervisors  for  fur- 
ther particulars  and  giving  the  date  and  hour  at  which 
said  petition  will  be  heard,  which  said  notice  shall  be  pub- 
lished at  least  once  a  week  for  two  consecutive  weeks  in 
some  newspaper  published  and  circulated  in  said  proposed 
district;  provided,  that,  if  no  newspaper  be  so  published  in 
said  district,  then  said  notice  shall  be  so  published  in  some 
newspaper  published  and  circulated  in  the  county  in  which 
said  proposed  district  is  located. 

Sec.  4.  Upon  the  day  named  for  the  hearing  of  said 
petition,  the  board  of  supervisors  shall  hear  the  same  and 
may  adjourn  such  hearing  from  time  to  time,  not  more  than 
two  weeks  in  all.  On  the  final  hearing,  they  shall  make 
such  changes  in  the  proposed  boundaries  as  they  may  find 
to  be  proper,  and  shall  define  and  establish  such  boundaries. 
Any  change  made  by  the  board  of  supervisors  shall  not 
include  any  territory  outside  of  the  boundaries  described  in 
the  petition  until  the  board  has  given  at  least  two  weeks' 
notice  of  its  intention  to  include  such  territory  in  said 
district,  said  notice  to  be  given  and  published  as  herein 
provided  for  the  notice  of  the  hearing  of  said  petition. 

Sec.  5.  The  boundaries  established  by  the  board  of  super- 
visors shall  be  the  boundaries  of  such  boulevard  district  un- 
til the  same  shall  be  changed  in  the  manner  provided  by 
law.  But  if  it  shall  appear  to  the  board  that  the  boundaries 
of  any  such  division  have  been  incorrectly  described,  it 
shall  direct  the  county  surveyor  to  ascertain  and  report 
the  correct  description  of  the  boundaries,  in  conformity  with 
the  orders  of  said  board  of  supervisors,  which  said  report 
must  be  filed  within  thirty  days  from  the  day  of  the  making 
of  such  order.  At  the  first  regular  meeting  after  the  filing 
of  said  report,  the  board  of  supervisors  shall  ratify  the 
same,  with  such  modifications  as  they  deem  necessary,  and 
the  boundaries  so  established  shall  be  the  legal  boundaries 
of  such  boulevard  district. 

Sec.  6.  The  board  of  supervisors  thereupon,  and  not  later 
than  the  first  regular  meeting  after  the  establishment  of 
said  boundaries  as  hereinbefore  provided,  shall  give  notice 
of  an  election  to  be  held  in  such  proposed  boulevard  dis- 
trict for  the  purpose  of  determining  whether  such  district 
shall  be  formed  and  said  boulevard  built  as  in  said  peti- 
tion maps,  cross-sections,  profiles  and  specifications  de- 
scribed. 

Sec.  7.  Such  notice  must  specify  the  time  and  place  or 
places  of  holding  the  election,  the  amount  of  money  pro- 
posed to  be  raised,  and  the  purposes  for  which  it   is  to  be 


Act  1449,  §§  S-10  HIGHWAYS.  4.>"f 

used,  including  a  brief  description  of  the  proposed  vork 
and  materials  to  be  used,  and  referring  to  the  map,  profiles, 
cross-sections  and  specifications  on  file  with  the  clerk  of 
the  board  of  supervisors. 

Sec.  8.  For  the  purposes  of  this  election  the  board  of  su- 
pervisors  shall  establish,  by  order,  one  or  more  pretcinets 
within  the  boundaries  of  said  district,  and  appoint  one  in- 
spector, one  judge  and  one  clerk  for  each,  to  conduct  the 
same,  and  said  election  must  be  held  in  all  respects  as 
near  as  practicable  in  conformity  with  the  general  election 
laws  of  the  state.  At  such  election  the  ballots  shall  con- 
tain the  words  "For  the  formation  of  said  district  and  the 
construction  of  said  boulevard — Yes,  No,"  together  with 
a  square  at  the  right  of  the  word  "Yes"  and  at  the  right 
of  the  word  "No"  in  which  the  voter  may  stamp  his  bal- 
lot to  indicate  his  choice.  But  no  particular  form  of  bal- 
lot other  than  above  set  forth  need  be  used;  nor  shall  any 
informality  in  conducting  said  election  invalidate  the  same, 
if  the   election    shall    have   been   otherwise   fairly  conducted. 

.Sec.  9.  The  officers  of  the  election  must  certify  the  re- 
sult of  the  election  to  the  board  of  supervisors,  giving  the 
whole  number  of  votes  cast,  the  munbt  r  for  and  the  number 
against  the  formation  of  said  boulevard  district  and  the 
building  of  said  boulevard,  and  if  the  majority  of  the  votes 
cast  are  in  favor  of  same,  tine  hoard  of  supervisors  must 
enter  an  order  to  that  effect  upon  its  minutes,  declaring  said 
district  formed  and  that  said  boulevard  shall  be  built,  and 
the  amount  to  be  raised  by  taxation  on  the  taxable  prop- 
erty within  said  district,  which  said  amount  shall  be  in 
the  aggregate  not  exceeding  seventy-five  per  cent  of  the 
estimated  cost  of  acquiring  the  right  of  way  therefor  and 
constructing  said  boulevard,  as  found  in  the  estimates  to 
be  furnished  by  the  county  surveyor  of  said  county;  the 
balance,  twenty-five  per  cent,  to  be  paid  out  of  the  general 
road  fund  of  the  county;  and  the  board  of  supervisors  shall, 
at  the  time  of  fixing  the  amount  of  the  county  tax  levy, 
levy  a  tax  upon  the  taxable  property  in  said  district  suffi- 
cient  to  pay  said  amount. 

See.  10.  The  work  provided  for  in  this  act  to  be  done 
shall  be  by  law  contracted  to  the  lowest  responsible  bidder 
in  accord  with  the  provisions  of  section  26-A3  of  the  Politi- 
cal Code  of  California.  The  successful  bidder  shall  give  a 
bond  in  such  sum  as  the -board  of  sup.  rvisors  shall  provide, 
conditioned  for  the  faithful  performance  of  the  contract, 
together  with  any  and  all  bonds  required  by  law  for  public 
work.     The  work  done  under  said  contract  to  be  performed 


451  HIGHWAYS.  Act  1449,   §  §  11-* 

under  the  direction  and  to  the  satisfaction  of  the  surveyor 
of  the  county  in  which  said  boulevard  district  is  located. 

Sec.  11.  Any  money  remaining  to  the  credit  of  the  boule- 
vard district  on  the  completion  of  the  work  contracted  for, 
with  any  and  all  gifts  and  donations  thereto,  shall  remain  in 
the  fund  of  the  district  and  he  expended  in  the  betterment 
of  said  boulevard.  The  maintenance  of  the  same,  after  the 
completion  thereof,  to  be  paid  out  of  the  general  road  fund 
of  the  county;  provided,  that  the  board  of  supervisors  of  the 
county  in  which  said  boulevard  district  is  located  may,  as 
now  or  hereafter  provided  by  law,  arrange  with  the  de- 
partment of  highways  or  other  lawful  authority  to  turn  said 
boulevard  over  to  the  State  of  California,  and  it  shall  there- 
after be  kept  and  maintained  as  a  state  boulevard  out  of 
the  funds  provided  by  law  for  state  highway  purposes,  but 
subject  at  all  times  nevertheless  to  the  limitations  as  to 
the  use  thereof  hereinafter  provided. 

Sec.  12.  By  the  term  "boulevard"  as  used  herein  is 
meant  a  highway  of  limited  dedication  and  use,  not  less 
than  one  hundred  feet  in  width  and  upon  which  no  wagon 
for  heavy  teaming,  having  a  tire  of  less  than  four  inehes, 
shall  be  permitted,  and  upon,  along  and  over  which  no  fran- 
chise for  telephone,  telegraph  or  electric  wires  or  poles  or  for 
the  operation  or  running  of  cars  or  vehicles  upon  fixed 
tracks  or  rails  thereon  shall  ever  be  granted;  and  any  ease- 
ment granted  or  condemned  for  the  building  of  said  boule- 
vard shall  be  so  granted  or  condemned;  provided,  that  noth- 
ing herein  shall  be  deemed  to  apply  to  or  preventing  the 
granting  of  such  franchise  or  limiting  the  use  of  wagons 
across  said  boulevard,  on,  over  and  along  intersecting  streets 
and  highways. 

Sec.  13.  AH  provisions  of  the  law  of  the  State  of  Cali- 
fornia relating  to  streets  and  highways,  including  the  right 
of  eminent  domain,  save  only  section  2  of  an  act  of  the  leg- 
islature of  the  State  of  California  entitled  "An  act  to  re- 
peal chapter  two  of  title  six,  part  three,  of  an  act  of  the 
legislature  of  the  State  of  California,  entitled  An  act  to 
establish  a  Political  Code,  approved  March  12,  1872,  and 
each  and  every  section  of  said  chapter  two.  And  to  enact 
a  now  chapter  two  of  title  six  of  part  three  of  said  code 
and  substitute  the  same  in  place  of  said  repealed  chapter 
two  in  said  code,  relating  to  roads  and  highways,"  ap- 
proved February  28,  1883,  and  also  an  act  of  the  legislature 
of  the  State  of  California  entitled  "An  act  for  the  estab- 
lishment of  a  uniform  system  of  road  government   and   ad- 


Acts  1 


HIGHWAYS. 


ministration  in  the  counties  of  the  State  of  California," 
approved  April  1,  1897,  not  in  conflict  herewith  are  hereby 
made  applicable  to  the  opening,  laying  out  and  maintaining 
of  boulevards  constructed  hereunder  and  the  acquiring  of 
rights  of  way  therefor. 

Sec.  14.  The  board  of  supervisors  of  the  county  in  which 
said  boulevard  district  is  located  shall  have  sole  control  of 
the  management  and  affairs  of  said  boulevard  district. 

ACT    1450. 

An  act  to  provide  for  the  location  and  construction  of  a  pub- 
lic highway  from  the  General  Grant  Part  in  Fresno 
county;  thence  easterly  a  distance  of  about  fifty  miles 
to  the  Kings  River  canyon;  and  making  an  appropria- 
tion for  the  construction  thereof;  and  providing  for  a 
commission  to  take  charge  of,  locate  and  construct  said 
highway,  and  to  repeal  an  act  entitled  "An  act  to  ap- 
propriate money  for  the  survey,  location  and  construc- 
tion of  a  free  wagon  road  from  the  town  of  Mariposa 
in  Mariposa  county  to  the  Yosemite  Valley,"  approved 
March  26,  1895.     [Stats.  1905,  p.  797.] 

ACT  1451. 

Granting  to  roads  and  highways  a  right  of  way  over  the  public 
lands  of  this  state.     [Stats.   1865-6,  p.   855.] 

ACT  1452. 

To  appropriate  money  to  purchase  certain  roads  within  Yosem- 
ite grant.     [Stats.  1889,  p.  142.] 

The   roaJs    included    In    the   act    were   the   Big   Oak    Plat   road   and 
the  Tosemlte  and   Wawona  road. 

ACT  1453. 

To  declare  a  part  of  the  Sonora  and  Mono  wagon  road,  com- 
mencing east  of  Sonora,  at  a  point  known  as  Long  Barn, 
in  Tuolumne  County,  and  running  thence  across  the  sum- 
mit of  the  Sierra  Nevada  Mountains  to  Bridgeport,  in 
Mono  County,  a  state  highway.  [Became  a  law  under  con- 
stitutional provision  without  governor's  approval,  March 
12,  1901.     Stats.  1901,  p.  272.] 

ACT  1454. 

To  provide  for  locating  and  surveying  a  proposed  highway 
from  a  point  on  the  Trinity  River,  in  Trinity  County,  near 
the  town  of  North  Fork,  thence  westerly  down  said  river 
about  forty  miles  to  connect  with  an  existing  road  in  Hum- 


453  HIGHWAYS.  Acts  1455-1458,  §  §  1,  2 

boldt  County,  and  making  an  appropriation  therefor.     [Ap- 
proved  March  26,   1903.     Stats.   1903,  p.   515.] 

ACT  1455. 

Providing  for  the  construction  of  a  free  wagon  road  from  Mono 
Lake  basin  to  the  Tioga  road.      [Stats.   1899,  p.  26.] 

ACT  1456. 

To  provide  for  the  construction  of  the  unfinished  part  of  the 
free  wagon  road  from  Mono  Lake  basin  to  connect  with 
a  road  called  the  "Tioga  Road,"  at  or  near  the  "Tioga 
Mine,"  and  making  an  appropriation  therefor. 

[Approved  March  26,  1903.     Stats.  1903,  p.  523.] 

ACT  1457. 

To  provide  for  the  construction  of  a  state  highway  or  wagon 
road  from  Sacramento  City  to  Folsom,  in  Sacramento 
County,  and  appropriating  crushed  rock  and  granite  or 
stone  blocks  for  drains  and  culverts  for  same.  [Approved 
March  29,  1897.     Stats.  1897,  p.  239.] 

ACT  1458. 

An  act  to  provide  for  the  care,  management  and  protection  of 
state  highways. 

[Approved  March   24,   1903.     Stats.   1903,   p.   400.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  If  any  state  highway  duly  declared,  laid  out,  or 
erected,  is  encroached  upon  by  rences,  buildings,  or  otherwise, 
the  highway  commissioner  of  California  may  require  the  re- 
moval of  the  encroachment.  Notice  must  be  given  to  the  oc- 
cupant or  owner  of  the  land  or  person  causing  or  owning  said 
encroachment,  or  must  be  left  at  his  place  of  residence,  if 
such  be  known  to  the  commissioner,  or  in  case  of  a  non-resident, 
then  left  with  his  agent,  if  known,  otherwise  it  must  be  posted 
on  the  encroachment.  Said  notice  must  specify  the  breadth 
of  the  state  highway,  the  place  and  extent  of  the  encroach- 
ment, and  require  him  to  remove  the  same  within  five  days. 

Sec.  2.  If  the  encroachment  is  not  removed,  or  commenced 
to  be  removed  and  diligently  prosecuted  prior  to  the  expiration 
of  the  five  days  from  the  service  or  the  posting  of  the  notice, 
the  one  who  caused,  owns  or  controls  the  encroachment  forfeits 
ten  dollars  for  each  day  the  same  continue  unremoved.  If  the 
encroachment  is  such  as  to  effectually  obstruct  and  prevent  the 


Act  1458,  §§  3-5  HIGHWAYS.  464 

use  of  the  road   for  vehicles,  the  state  highway  commissioner 
must  forthwith   remove  the  same. 

Sec.  3.  If  the  encroachment  is  denied,  and  the  owner,  oc- 
cupant, or  person  controlling  the  matter  or  thing  charged  as 
being  an  encroachment  refuses  to  remove  or  permit  the  re- 
moval thereof,  the  state  highway  commissioner  must  commence 
in  the  proper  court  an  action  to  abate  the  same  as  a  nuisance. 
If  he  recovers  judgment,  he  may,  in  addition  to  having  the 
same  abated,  recover  ten  dollars  for  every  day  such  nuisance 
remained  after  such  notice,  and  also  his  costs  in  his  said  action. 

Sec.  4.  If  the  encroachment  is  not  denied,  but  is  not  re- 
moved for  five  days  after  the  notice  given  as  hereinbefore  pro- 
vided, the  state  highway  commissioner  may  remove  the  same 
at  the  expense  of  the  owner,  occupant,  or  person  controlling 
the  same,  and  recover  his  costs  and  expenses,  and  also  ton  dol- 
lars for  each  day  the  same  remains  after  said  five  days'  notice, 
in  an  aetion  for  that  purpose. 

Sec.  5.  Whoever  obstructs  or  injures  any  state  highway,  or 
diverts  any  watercourse  thereon,  or  drains  water  from  his  land 
on  any  highway,  to  the  injury  thereof,  by  means  of  ditches 
or  dams,  is  liable  to  a  penalty  of  ten  dollars  for  each  day  such 
obstruction  or  injury  remains,  and  must  be  punished  as  provided 
in  section  live  hundred  and  eight  eight  of  the  Penal  Code. 
Any  person,  persons,  or  corporations,  who  shall,  by  storing  or 
distributing  water  for  any  purpose,  permit  the  water  to  over- 
flow, or  saturate  by  seepage,  any  state  highway,  to  the  injury 
thereof,  shall,  upon  notification  of  the  state  highway  commis- 
sioner, discontinue  and  repair  the  damage  occasioned  by  such 
overflow  or  seepage;  and  should  such  repair  not  forthwith  be 
made  by  such  person,  persons,  or  corporations,  said  state  high- 
way commissioner  shall  make  such  repairs  and  if  necessary 
divert  the  flow  or  seepage,  and  recover  the  expense  thereof  from 
6uch  person,  persons,  or  corporation,  in  an  action  by  law.  All 
persons  excavating  irrigation,  mining,  or  draining  ditches  across 
the  state  highways  shall  be  required  to  bridge  such  ditches 
under  the  direction  of  the  commissioner,  at  such  crossings, 
and  upon  neglect  to  do  so,  the  state  highway  commissioner 
shall  construct  the  same  and  recover  the  cost  of  constructing 
said  bridge  or  bridges  of  such  person  by  action,  as  pro- 
vided in  this  section;  and  whoever  willfully  injures  any 
bridge  on  a  state  highway  is  hereby  declared  to  be  guilty 
ot  a  misdemeanor,  and  is  also  liable  for  actual  damages  for 
such  injury;  to  be  recovered  by  the  state  in  a  civil  action; 
provided,  further,  that  every  person  who  knowingly  allows 
the   carcass  of   any   dead   animal    (which   animal   belongs   to 


455  HiGfiWAYS.  Act  145:1 

him  at  the  time  of  its  death;  to  be  put  or  remain  within 
one  hundred  feet  of  any  state  highway,  and  every  person 
who  puts  the  carcass  of  any  dead  animal  within  one  hun- 
dred feet  of  any  state  highway,  or  who  shall  deposit,  on 
any  state  highway  any  refuse,  or  waste  tin,  sheet  iron, 
broken  glass,  or  other  refuse  matter,  is  guilty  of  a  misde- 
meanor. 

Sec.  6.  Whoever  removes  or  injures  any  mile-stone, 
mile-board,  or  guide-post,  or  any  inscription  thereon, 
erected  on  any  state  highway,  is  liable  to  a  penalty  of  ten 
dollars  for  every  such  offense,  and  punishable  as  provided 
in  section  five  hundred  and  ninety  of  the  Penal  Code. 
■  Sec.  7.  Any  person  may  notify  the  occupant  or  owner 
of  any  land  from  which  a  tree  or  other  obstruction  has 
fallen  upon  any  state  highway  to  remove  such  tree  or  ob- 
struction forthwith,  If  it  is  not  so  removed,  the  owner 
or  the  occupant  is  liable  to  a  penalty  of  one  dollar  for 
every  day  thereafter  until  it  is  removed,  and  the  cost  of 
removal  at   the   suit   of   the   commissioner. 

Sec.  8.  Whoever  cuts  down  a  tree  so  that  it  falls  into 
any  state  highway  must  forthwith  remove  the  same,  and 
is  liable  to  a  jenalty  of  ten  dollars  for  every  day  the  same 
remains   in    such   highway. 

Sec.  9.  Whoever  digs  up,  cuts  down,  or  otherwise  mali- 
ciously injures  or  destroys  any  shade  or  ornamental  trees 
on  any  state  highway,  unless  the  same  is  deemed  an  ob- 
struction by  the  state  highway  commissioner,  and  removed 
under  his  direction,  forfeits  one  hundred  dollars  for  each 
such  tree. 

Sec.  10.  All  penalties  or  forfeitures  and  other  recoveries 
given  in  this  act  and  not  otherwise  provided  for,  must 
be  recovered  by  the  state  highway  commissioner  by  suit 
in  the  name  of  the  state,  and  paid  into  the  state  treasury, 
and  thereafter-  be  used  for  the  purpose  of  costs  or  ex- 
penses in  future  proceedings  under  this  act  or  for  state 
road  purposes. 

Sec.  11.  All  acts,  or  parts  of  acts,  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 

Sec.  12.  This  act  shall  take  effect  and  be  in  force  from 
and    after    its    passage. 

ACT  1459. 

To   regulate   the   widths   of   tires   of   wagons   to   be   used   on 

the  public  highwavs  of  the  state  of  California.     [Stats. 

1897,  p.  177.] 

Repealed  1900,    22. 


Acta  1460-1462,  §§  1-3  HIGHWAYS.  *S6 

ACT  1460. 

For    the    establishment    of    a    uniform    system    of    road    gov- 
ernment   and     administration     in     the     counties    of    the 
state  of   California.     |  Stats.   1897,   p.   374.] 
Repealed  by  County  Government  Act.     (Davis  v.   Whldden,   117  Cal. 

618.) 

ACT   1461. 

To  create  a  bureau  of  highways,  and  prescribe  its  duties  and 

powers,   and    to   make   an   appropriation   for  its   expenses. 

[Stats.  1895,  p.  263.] 

Sup<  raeded   1S97,  443. 

ACT  1462. 

An  act  to  create  a  department  of  highways  for  the  state  of 
California,  to  define  its  duties  and  powers,  to  provide  for 
the  appointment  of  officers  and  employees  thereof,  and  to 
provide  for  the  compensation  of  said  officers  and  em- 
ployees, and  for  the  additional  expenses  of  said  depart- 
ment, and  to  make  an  appropriation  therefor  for  the  re- 
mainder of  the  forty-eighth  fiscal  year. 

[Approved    April    1,    1897.     Stats.    1897,   443.] 

Section  1.  A  department  of  and  for  the  state  of  Califor- 
nia, to  be  known  as  the  department  of  highways,  is  hereby 
created,  to  consist  of  three  chief  executive  officers,  who  shall 
be  known  as  highway  commissioners.  Said  department,  its 
officers  and  employees,  shall  have  and  exercise  the  powers  and 
duties  hereinafter  specified,  and  such  as  are  or  may  be  other- 
wise provided  by  law. 

Sec.  2.  Immediately  upon  the  taking  effect  of  this  act,  the 
governor,  by  and  with  the  consent  and  advice  of  the  senate, 
shall  appoint  three  persons  as  highway  commissioners.  The 
persons  so  appointed  shall  be  selected  with  particular  refer- 
ence to  their  cpialifications  for,  and  practical  knowledge  of, 
highway  location,  construction,  and  maintenance.  The  high 
way  commissioners  shall  devote  their  entire  time  to  the  ser- 
vice of  the  state,  and  shall  not  actively  engage  in  any  other 
pursuit  while  serving  as  highway  commissioners.  The  commis- 
sioners shall  personally  perform  all  the  engineering  work  of 
the  department;  provided,  tliut  the  department  may  be  allowed 
assistance  on  the  engineering  work  thereof  on  receiving  the 
unanimous  approval  of  the  state  board  of  examiners. 

Sec.  3.  Each  of  the  highway  commissioners  shall  hole 
office  for  the  term  of  two  years  from  and  after  the  date  of 
his  qualification,  as  hereinafter  provided   for.     At  the  cxpira- 


4S7  HIGHWAYS.  Act  1462,  §§  4-7 

tion  of  said  last-named  term  two  of  said  three  offices  shall 
thereupon  cease  and  determine,  and  the  powers  and  duties 
herein  specified  shall  devolve  upon  one  highway  commissioner. 
At  least  thirty  days  prior  to  the  expiration  of  the  terms  of  the 
highway  commissioners  provided  for  above  in  this  section  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate, 
unless  it  be  otherwise  provided  by  law,  shall  appoint,  for  a 
term  of  four  years,  and  every  four  years  thereafter,  one  civil 
engineer  as  highway  commissioner,  who  shall  have  the  quali- 
fications specified  in  section  two  of  this  act,  and  upon  him 
shall  devolve  all  of  the  duties  and  powers  which  shall  be  con- 
ferred upon  the  commissioners  first  appointed  under  the  pro- 
visions of  this  act,  and  who  shall  receive  like  compensation. 
Whenever  a  vacancy  occurs  in  the  office  of  highway  commis- 
sioner, it  shall  be  the  duty  of  the  governor  to  fill  such  vacancy 
for  the  unexpired  term,  which  appointment  shall  be  confirmed 
by  the  senate  at  its  next  session. 

Sec.  4.  Within  twenty  days  after  receiving  hotlee  of  ap- 
pointment, the  person  or  nersons  so  appointed  shall  file  a 
bond  in  the  sum  of  ten  thousand  dollars  ($10,000),  with  at 
least  two  sufficient  sureties  thereon,  for  the  faithful  perform- 
ance of  his  duties,  which  bond  must  be  approved  by  the  gover- 
nor, and  filed  with  the  secretary  of  state,  and  qualify  by 
taking  the  oath  of  office  as  prescribed  for  state  officers. 

Sec.  5.  The  three  chief  executive  officers  hereinbefore  pro- 
vided for  shall  immediately,  upon  qualifying,  organize  by 
electing  one  of  their  number  as  president  and  shall  adopt  a 
seal  for  the  authentication  of  its  acts,  records,  and  proceed- 
ings. 

Sec.  6.  The  department  of  highways  shall  have  power  to 
appoint  a  secretary,  and  a  stenographer,  who  shall  hold  office 
at  the  pleasure  of  the  department.  Such  employees  shall  not 
be  eligible  for  such  appointment  unless  they  possess  special 
qualifications  for,  and  are  competent  to  perform  the  duties 
devolving  on  them;  and  they  shall  devote  their  entire  time  to 
the  service  of  the  department. 

Sec.  7.  The  office  of  the  department  of  highways  shall 
be  in  the  state  eapitol  building;  and  the  secretary  of  state 
shall  assign  to  the  department,  for  its  use,  such  rooms  as 
may  be  necessary  fcr  its  accommodation.  All  of  the 
regular  meetings  of  the  department  shall  be  held  at  such 
office.  The  department  may,  however,  hold  such  special 
meetings  at  such  places  as  the  duties  of  the  department,  or 
the  best  interests  of  the  state,  may  require. 


Act  1462,  §§  8-10  HIGHWAYS.  M 

Sec.  8.  The  department  of  highways  shall  take  posses- 
sion, in  the  name  of  the  state,  as  rapidly  as  the  funds  pro- 
vided therefor  will  permit,  of  all  roads  which  have  been 
or  may  be   declared   state   highways. 

Sec.  9.  The  department  of  highways  shall  have  charge 
of  all  expenditures  made  by  the  state  for  highway  pur- 
exeepl  as  otherwise  provided  by  law;  and  all 
s  Appropriated  for  such  purpose  Shall  be  made  pay- 
able upon  proper  order  of  said  department.  All  claims  and 
accounts  which  may  be  incurred  by  the  department  of 
highways  shall,  however,  before  payment)  be  audited  by 
tne   board    of   examiners. 

Sec.   id.     The  department  of  highways  shall  make  exam 

ination  into  existing  highway  con. lit  ions  in  the  state  of 
California*,  and  shall,  furthermore*,  make  such  investigations 
within  the  state,  as  will  put  at  the  service  of  the  state  the 
most  approved  methods  of  highway  improvement.  It  shall 
Supply,  on  request,  without  charge,  any  information  rela- 
tive to  highways  required  by  any  e, unity  or  district  official 
having  care  of  and  authority  ov<  r  highways  within  this 
state.  It  shall  collect  and  collate  data  relating  to  the  geo- 
logical formation  of  the  state  in  so  tar  as  it  relates  to  ma- 
terial suitable  for  highway  construction,  and  make  analyses 
and  t.sts  of  such  material  as  it  may  deem  suitable  for 
highway  uses,  with  the  view  of  determining  the  value  of 
'he  same  for  such  purposes.  All  data  so  collected,  together 
with  such  other  matters  of  value  or  interest  to  the  people 
of  the  state,  shall  be  published  in  bulletins,  or  upon  maps 
or  diagrams,  or  in  other  proper  form,  or  in  the  biennial 
report  of  tin-  department,  as  it  in  its  discretion  shall  de- 
termine. The  department  shall  prepare  and  adopt  styles 
and  forms  of  books  for  use  by  officials,  in  which  to  krep 
account  of  the  expenditure  of  highway  money  and.  all 
other  records  or  proceedings  relating  to  highways.  It  shall 
prepare  such  forms  as  may  be  necessary  for  use  in  con- 
nection with  opening,  abandoning,  altering,  locating,  con- 
structing, maintaining,  obtaining  title  to,  or  otherwise  re- 
lating to  proposed  stste  highways;  and  such  books  and 
forms,  when  so  adopted,  shall  he  the  standard  for  use  in  the 
State.  Copies  of  them  shall  be  forwarded  to  the  various  of- 
ficials who  an1  charged  with  keeping  or  using  the  same,  and 
such  officials  shall  immediately  prepare  books  and  forms 
after  the  stylo  shown  oy  such  standard,  and  shall  thereafter 
use   them   exclusively   for   the   purposes   for   which   they   are 


459  HIGHWAYS.  Act  1462,  §§  ll-l:: 

intended.  It  shall  be  the  duty  of  the  department  to  adopt 
such  general  forms  for  the  surveying  of  state  highways, 
mapping,  and  keeping  of  the  notes  thereof,  and  the  perma- 
nent marking  of  the  same  on  the  ground,  as  it  shall  deem 
necessary  and  shall  issue  instructions  defining  such  gen- 
eral forms  and  markings  to  the  person  having  charge  of 
the  making  of  such  surveys;  and  it  shall  thereafter  be  the 
duty  of  such  persons  to  follow  ths  methods  prescribed 
in  such  instructions.  The  department  of  highways,  in  per- 
formance of  its  duties,  shall  have  the  power  to  call  upon 
any  state,  county,  or  district  official  to  furnish  it  with 
any  information  contained  in  his  office  which  relates  to 
or  is  in  any  way  necessary  to  the  proper  performance 
of  the  work  of  said  department;  and  it  is  hereby  made 
the  duty  of  such  officials  to  furnish  such  information 
without  cost.  The  attorney-general  of  the  state  shall 
be  the  legal  adviser  of  the  department  of  highways,  and 
said  department  of  highways  shall  call  upon  the  attorney- 
general  of  the  state  for  all  such  legal  advice  and  services 
as  the  discharge  of  its  duties  may  require. 

Sec.  11.  The  department  shall  prepare  biennial  reports, 
which  shall  be  submitted  to  the  governor  at  least  thirty 
days  before  each  session  of  the  legislature.  Said  report 
shall  embrace  the  work  and  investigations  of  the  depart- 
ment for  the  previous  two  years,  together  with  such 
recommendations  for  changes  in  the  law  which  it  may 
deem  advisable,  and  which  the  proper  and  economical 
maintenance  of  the  highways  may  demand. 

Sec.  12.  It  shall  be  the  duty  of  the  state  controller, 
upon  the  demand  of  the  department  of  highways,  to  trans- 
fer to  it,  for  its  use,  all  of  the  property,  books,  reports, 
and  papers  of  every  description  which  shall  be  transferred 
to  him  under  the  provisions  of  an  act  entitled  "An  act 
to  create  a  bureau  of  highways,  and  prescribe  its  duties 
and  powers,  and  make  an  appropriation  for  its  expenses, ' ' 
approved  March  twenty-seventh,  eighteen  hundred  and 
ninety-five. 

Sec.  13.  It  shall  be  the  duty  of  the  state  printer  to  print 
such  reports,  bulletins,  or  other  matter,  and  furnish  any 
necessary  illustrations  or  diagrams  therefor  as  the  de- 
partment of  highways  may  deem  necessary;  all  of  which 
shall  first  be  subject  to  the  approval  of  the  state  board  of 
examiners. 


Act  1463  HIGHWAYS.  «0 

See.  14.  The  department  of  highways  shall  have  the 
power  and  authority  to  employ,  when  in  its  judgment  it  is 
deemed  necessary,  Buch  assistance  of  a  special  character 
as  may  be  necessary  and  proper,  for  the  discharge  of  its 
duties.  The  department  shall  also  have  the  power  to  pur- 
Sttch  supplies,  fixtures,  and  conveniences,  as  may 
be  i ss.iry  in  the  performance  of  its  work.  The  commis- 
sioners of  the  department  of  highways,  or  any  employee 
thereof,  shall  be  allowed  their  necessary  traveling  expenses 
while  engaged  in  the  discharge  of  their  duties  within  the 
state.  All  of  the  expenses  mentioned  in  this  section,  ex- 
Oept  as  otherwise  herein  provided,  shall  be  paid  from  the 
appropriation  for  the  contingent  expenses  of  the  depart- 
ment of  highways.  The  employment  and  compensation  of 
assistants  under  the  provisions  of  this  section  must  re- 
ceive the  approval  of  the  state  board  of  examiners.  The 
expense  incurred  in  locating  and  definitely  surveying  state 
highways  in  a  county  shall  be  paid  from  the  funds  appor- 
tion J    thereto   for   state   highway    purposes. 

Sec.  15.  The  commissioners  of  highways  shall  each  re- 
ceive the  sum  of  three  thousand  dollars  ($3,000)  per  an- 
num; the  secretary  the  sum  of  fifteen  hundred  dollars 
($1,500)  per  annum;  and  the  stenographer  the  sum  of 
twelve  hundred  dollars  ($1,200)  per  annum.  Such  salaries 
shall  be  paid  at  the  same  tin,e  and  in  the  same  manner 
as  are  the  salaries  of  other  state  officers. 

Sec.  16.  For  the  purposes  of  carrying  out  tLe  provisions 
of  this  act,  the  sum  of  three  thousand  dollars  ($3,000)  is 
hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  to  pay  the  salaries  of  the 
officers,  and  employees  and  the  other  expenses  of  said  de- 
partment for   the  remainder  of  the  forty-eighth  fiscal  year. 

Sec.  17.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  18.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  1463. 

An  act  to  provide  for  the  protection  and  preservation  of 
public  highways  from  damage  by  storm,  waters  and 
floods,  and  to  authorize  the  expenditure  of  public 
moneys  for  the  purposes  thereof. 

[Appioved  April  1,  1897.     Stats.  1897,  404.] 


461  HIGHWAYS.  Act  1464 

Section  1.  Whenever  it  appears  to  the  board  of  super- 
visors that  any  public  road,  in  any  road  district  of  the 
county,  is  in  danger  of  being  damaged  by  storm  waters,  or 
floods,  or  whenever  any  public  highway  has  already  been 
damaged  by  storm  waters,  or  floods,  it  is  hereby  made  the 
duty  of  the  Doard  of  supervisors  to  adopt  such  measures 
as  may  be  necessary  to  prevent  such  damage,  or  to  repair 
the  same;  and  the  board  of  supervisors  is  hereby  author- 
ized to  construct  flumes,  ditches,  or  canals,  for  the  purpose 
of  carrying  off  such  storm  waters,  or  floods,  to  a  place  of 
safety,  and  may  condemn  the  right  of  way  for  such  flumes, 
ditches,  or  canals  for  such  purpose;  provided,  however, 
that  no  more  than  the  sum  of  one  thousand  dollars  shall 
be  used  for  such  purpose  in  any  one  road  district  of  the 
county  in  any  one  year. 

See.  2.  All  moneys  used  for  the  purposes  of  this  act 
may  be  taken  from  the  general  road  fund  of  the  county. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  1464. 

An  act  relating  to  the  granting  by  counties  and  municipal- 
ities of  franchises  for  the  construction  of  paths  and 
roads  for  the  use  of  bicycles  and  other  horseless 
vehicles. 

[Approved  March  27,  1897.    Stats.  1897,  191.] 

Codified  by  amendment  to  Civil  Code,  1905.  See  note  to  §  5l'4, 
Civil  Code. 

Section  1.  The  legislative  or  other  body  to  whom  is 
intrusted  the  government  of  any  county,  city  and  county, 
city,  or  town,  may,  under  such  regulations,  restrictions, 
and  limitations  as  it  may  provide,  subject  to  existing  laws, 
grant  franctiises  for  the  construction  of  paths  and  roads, 
either  on  the  surface,  elevated,  or  depressed,  on,  over, 
across,  or  under  the  streets  and  public  highways  of  any 
such  county,  city  and  county,  city,  or  town,  for  the  use  of 
bicycles,  tricyles,  motor-cycles,  and  other  like  horseless 
vehicles,  propelled  by  the  rider,  for  a  term  not  exceeding 
fifty  years;  provided,  that  in  incorporated  cities  no  fran- 
chise shall  be  granted  for  the  purpose  herein  expressed, 
unless  the  consent  in  writing  of  the  owners  of  a  majority 
of  the  frontage  upon  the  road  or  street,  along  which  said 
path  or  road  is  sought  to  be  constructed,  be  first  had  and 
obtained  and  filed  with  such  legislative  or  governing  body. 

Sec.  2.     This  act  shall  take   effect  immediately. 


Acts  1469-1485  HOGS— HOMESTEADS.  462 

HOGS. 

General  acts  relating  to  ho^-s  running  at  large  were  repealed  by 
the  estray  law  of  1S97,  p.  198.  For  acts  relating  to  particular  locali- 
ties,  see   particular  title. 


TITLE  201. 
HOLIDAYS. 
ACT  1469. 

An    ait    authorizing   boards   of   supervisors    or   other  govern- 
ing   bodies    of    municipalities    to    declare    holidays. 

[Approval  March  2:5,  1901.  Stats.  1901,  658.] 
The  people  of  the  state  of  < 'ali fnrnia,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  hoard  of  supervisors  or  other  governing 
body  of  any  county,  town,  city,  or  city  and  county,  may  de- 
clare the  day  on  which  a  primary  or  other  election  is  held 
in   such   municipality   to   be   a   holiday   therein. 


TITLE  202. 
HOLLISTER. 
ACT  1474. 

Incorporating.      [St. its.    1^73-4,  p.  675.] 
Superseded    by    Incorporating   un'ier   statute   of   1SS2,    In    1901. 


TITLE  203. 
HOME   OF   ADULT  BLIND. 
ACT  1479. 

Appropriating    money    for    the    establishment    and    manage- 
ment   of    the    industrial    home    of    mechanical    trades    for 
the  adult   blind.      [Stats.   1888,  p.   18.] 
Superseded    1887,    160.    chap.    CXLVIII. 

ACT  1480. 

Establishing    an    industrial    home    of    mechanical    trades   for 
the    adult   blind,    and    creating    a   board    of    directors   for 
the    government    thereof.     [Stats.    1^7,   p.    1G0.J 
Amended    1SS9.    147. 


TITLE  204. 
HOMESTEADS. 

ACT   1485. 

In    relation   to   homesteads.      [Stats.    1S07-8,    116.] 
Superseded  by   Civil   Code.   sees.   1237-1.69. 
Cal.    Rep.    Cit.     46,    266;     47,   80;     71,   508. 


463    HOMESTEAD  CORPORATIONS— HOMING  PIGEONS.     Acts  14S6-1497 

ACT  1486. 

Extending  the   privileges   of   the   homestead   law   to   certain 
persons.     [Stats.   1860,   87.] 

Cal.    Rep.    Cit.     102,    497;     102,    500;     119,   372. 

This  act  extended  the  law  to  unmarried  men  and  women  and  to 
widows  and  widowers.  The  homestead  acts  are  superseded  by  Civil 
Code,   sees.   1237  et  seq. 

ACT  1487. 

Alienating  or   incumbering.     [Stats.    1873-4,   p.   582.] 

Codified  by  amendments  to  Civil  Code,  1905.  See  note  to  S  1269a, 
Civil   Code. 

Cal.  Rep.   Cit.    108,  220;    114,  670;     126,   25. 

This  act  appears  in  full  in  Civil  Code,  Appendix,  p.  718.  It  pro- 
vided for  the  alienation  of  the  homestead  in  case  of  the  insanity  ol 
either  husband  or  wife. 


TITLE  205. 
HOMESTEAD    CORPORATIONS. 
ACT  1492. 

To  authorize  formation  of  homestead  corporations.      [Stats. 
1861,  p.  567.] 

Repealed.     See    note    to    act    632,    ante.     See    supplementary    act    ol 
1873-4,   525,    which  appears  in  full  in  Civil   Code,   Appendix,   p.    720. 
Cal.    Rep.    Cit.    131,    341. 


TITLE  206. 
HOMING   PIGEONS. 
ACT  1497. 

An   act   for    the   protection    of   the    Antwerp    messenger,   or 
homing  pigeon. 

[Approved   February  26,   1897.     Stats.    1897,   37.] 

Codified   by   amendments   to   Penal    Code,    1905.     See   note    to    §  59Sa, 
Penal   Code. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  unlawful  _or  any  person,  other 
than  the  owner  thereof,  to  shoot,  maim,  or  kill  any  Ant- 
werp messenger,  or  homing  pigeon,  either  in  flight  or  at 
rest. 

Sec.  2.  It  shall  be  unlawful  for  any  person,  other  than 
the  owner  thereof,,  to  forcibly  entrap  or  detain  any  Ant- 
werp  messenger,   or   homing   pigeon. 


Acta  1502-1510  HOPS-HORTICULTURE.  454 

Sec.  3.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  for  every  such  offense,  shall 
be  punished  by  a  fine  of  not  less  than  ten  (10)  or  more  than 
twenty-five  (25)  dollars,  or  by  imprisonment  in  the  county 
jail    for   a    term    not   exceeding   fifty    (50)    days. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TITLE  207. 
HOPS. 
ACT    1502. 

An   act   fixing   rate    of   tare    on    baled   hops. 
[Approved     March    31,     1891.     Stats.     1891,    p.    452.] 

Section  1.  There  shall  be  allowed  on  baled  hops  a  tare 
at  the  rate  of  two  per  centum  of  the  weight  of  the  bale  for 
the  cloth  and  other  material  used  in  baling;  that  is,  the 
tare  shall  be  at  the  rate  of  two  pounds  per  hundred  on  the 
weight  of  the  bale. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and   after   its   passage. 


TITLE  208. 

HORNTTOS. 
ACT    1507. 

Incorporating    town    of.      [Stats.    1869-70;    p.    471.] 


TITLE  209. 
HORTICULTURE. 

See    Agriculture;    Forestry;     Viticulture. 

ACT   1510. 

An  act  to  provide  for  the  proper  naming  of  trees,  seeds, 
plants,  and  vines,  sold,  offered,  or  exposed  for  sale  in 
this  state  and  providing  a  penalty  for  the  violation  of 
this   act. 

[Approved    March    3,     1905.     Stats.     1905,    p.    44.] 

Section  1.     All  trees,  seeds,  plants  and  vines,  sold,  offered 
or  exposed  for  sale  in  the  State  of  California  shall  be  prop- 


I 


464a  HORTICULTURE.  Act  1611 

erly  named  as  to  variety  and  kind,  and  any  person  know- 
ingly selling,  trading,  or  exchanging,  or  offering  or  expos- 
ing for  sale  any  trees,  seeds,  plants  or  vines  falsely  named 
as  to  variety  and  kind  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  a  fine  of  not  less  than  ten  dollars,  nor 
more    than    three    hundred    dollars. 

ACT    1511. 

An  act  to  provide  for  an  investigation  of  the  nature  of  the 
diseases  known  as  pear  blight  and  walnut  blight  and 
to  prevent,  eradicate,  and  procure  a  cure  for  the  same 
and  to  cause  to  be  prosecuted  experimental  and  re- 
search work  in  the  field  of  viticulture,  directing  pub 
lication  of  the  results  of  such  experiments  and  inves- 
tigations, making  an  appropriation  therefor  and  pre- 
scribing the  duties  of  the  controller  and  treasurer  in 
relation   thereto. 

[Approved    March    18,     1905.     Stats.     1905,    p.     124.] 

Section  1.     The  regents  and  the  president  of  the  Univer- 
sity of  California  are  hereby  elirecteel  to  cause  to  be  prose- 
cuted with  all  possible  diligence,  in  connection  with   anel   in 
addition   to   the  work  heretofore  carried   on  by   the   agricul- 
tural  experiment    station,    experimental    and   research    work 
in   the    field    of  viticulture,  including    both   cultural  and  in- 
dustrial processes.     They  are  directed  to  ascertain  the  adap- 
tation of  the  various  kinds  of  vines  to  the  several  climatic 
and  soil  conditions  of   the  state,  with   the  special  reference 
to    those    stocks   for    propagating   purposes,    resistant    to    the 
phylloxera,    and   to    further    their    adaptability     and     utility 
as    grafting    stocks    for    producing    wine,    raisin    and     table 
grapes.     They  are  directed  to  ascertain  the  best  methods  of 
grafting  anel   propagating  saiel   stocks    and    vines     together 
with  the  most  important  methods  of  vinifieation    anel  prepa- 
ration,   manufacture    and     application    of    yeasts    in    vinifi- 
eation   and    distillation.     They    are    further    elirecteel    to    re- 
port upon  the  utilization  of  the  by-products  of  the  vineyard 
and   winery,   the   study    and   treatment   of   the    vine    diseases, 
and    all    matters    appertaining    to    the    viticultural    industry 
pertinent  to  the  successful  conduct  of  the  business  and  that 
may  be  of  general  public  interest,  use  and  profit.     They  are 
further  directed     to   publish   the    result    of   said   experiments 
and   investigations   in   form   of   bulletins   from    time   to    time, 
as  maj'  seem  advisable  and  not  less  than  two  bulletins  show- 


Acts  1312,  1313  HORTICULTURE.  464b 

ing   the    progress   and    result   of    the    work,   6hall    be    issued 
in   any   fiscal   year. 

And  they  are  further  directed  to  inaugurate  an  investi- 
gation of  the  cause,  nature,  and  means  of  suppression  or 
prevention,  of  the  so-called  pear  blight,  a  destructive,  in- 
fectious disease  of  pear  and  apple  trees.  For  such  inves- 
tigation, said  director  shall  obtain  and  establish  such  as- 
sistants, equipment,  materials,  appliances,  apparatus  and 
other  incidentals  as  may  be  necessary  to  the  successful 
prosecution  of  the  work,  within  the   appropriation  specified. 

And  they  are  further  directed  to  secure  a  remedy  for  the 
so-called  walnut  blight.  The  said  regents  are  hereby  au- 
thorized to  employ  an  expert  and  if  necessary,  to  send  him 
abroad  to  ascertain  the  cause  of  this  blight  and  in  an  en- 
deavor to   secure   a   remedy   therefor. 

Sec.  2.  There  is  hereby  appropriated  for  the  use  of  said 
experiment  station,  for  the  purposes  set  forth  in  this  act, 
the    sum    of    twenty    thousand    dollars     ($20,000). 

Sec.  3.  All  money  appropriated  under  this  act  shall  be 
paid  to  the  regents  of  the  University  of  California,  and 
expended  under  the  direction  of  the  director  of  the  agricul- 
tural experiment  station  of  said  university  for  the  specific 
purposes  herein  named. 

ACT     1512. 

To  create  and   establish   a  state   board   of  horticulture,   and 
appropriate    monev    for    the     expenses     thereof.     [Ap- 
proved  March   13,"  1883;    1883,   289.] 
Amended    1S85,    4;     1S>S9,    8,   S9.     Repealed   1903,    524. 

ACT    1513. 

An  act  to  create  a  state  commission  of  horticulture,  to 
provide  for  a  state  commissioner  of  horticulture,  and 
prescribe  his  powers,  duties  and  compensation,  and  to 
provide  methods,  means  and  penalties  for  the  en 
forcement  of  such  powers  and  duties,  and  appropriat- 
ing money  for  the  use  and  support  and  to  pay  the  ex- 
penses thereof,  and  to  repeal  chapter  sixty-three  of  the 
laws  of  eighteen  hundred  and  eighty-three,  chapter 
seven  of  the  laws  of  eighteen  hundred  and  eighty-five, 
chapter  eighty-six  of  the  laws  of  eighteen  hundred  and 


•rfS  HORTICULTURE.  Act  1513,  J  1 

eighty-nine,   and   chapter   one   hundred    and   ninety-four 
of  the  laws  of  eighteen  hundred  and  ninety-one. 

[Approved    March    25,    1903.     Stats.    1903,    524.] 

Amended   1905,    496. 

The  people  of  the  state  of  California,  represented  in  senate, 
and    assembly,    do,   enact    as    follows: 
Section    1.     The    office    of    state    commissioner    of    horti- 
culture of  California  is  hereby  created.     It  shall  be  the  duty 
of  the  governor,  within  forty  days  after  the  passage  of  this 
act,  to  appoint  a  citizen  and  resident  of  this  state  to  hold 
said  office  of  state  commissioner   of   horticulture,  who   must 
at   the   date   of   his   appointment   be   a   skilled   horticulturist 
and    entomologist.     The     term    of    office    shall    be    for    four 
years,    and     until    a    successor    is    appointed    and     qualified. 
The    governor    may    remove    such    commissioner    from    office 
at  any  time,  upon  filing  with  the  secretary  of  state  a   cer- 
tificate  of   removal   signed   by   the   governor.     In   case   of   a 
vacaney  in  said  office  by   death,   resignation,   removal   from 
office,   or   other   cause,    the    governor    shall   fill    the    vacancy 
for     the     unexpired    term.     The     salary    of    said      commis- 
sioner  shall   be   two   hundred    and   fifty   dollars   per   month, 
and   he   shall   be   allowed   in   addition   a   sum   not   to   exceed 
five  hundred  dollars  yearly  for  traveling  and  incidental  ex- 
penses   necessary    in    the     discharge    of    his    duties    herein 
provided    for.     Such    commissioner    may    appoint    a    secre- 
tary, who   shall   be   versed   in   horticulture   and    entomology, 
and    who    shall    be    an    experienced     compiler     of     reports, 
bulletins,    and    such    publications    as    may    issue    from    said 
commission   from   time   to   time,   and   who   shall   perform   all 
such   duties   as   may   be   required    of    him   by   such    commis- 
sioner.    Such    secretary    of    the    horticultural    commissioner 
shall    receive   a    salary    of    twenty-one    hundred    dollars    per 
annum.       In    appointing    such     commissioner    and     his     suc- 
cessor or  successors,  it  shall  be  the  duty  of  the  governor  to 
disregard  political  affiliations,  and  be  guided  in  his  selection 
entirely  by  the  professional  and  moral   qualifications  of   the 
person    so    selected    for   the    performance    of    the    duties   of 
said   office.     The   office   of   said   commissioner   shall    be    kept 
open  every  day  except  holidays,   and  shall  be   in  charge   of 
the    secretary    during    the    absence    of    such    commissioner. 
The  main  office  of  such  commissioner  shall  be  at  the  city  of 
Sacramento.     The   secretary   of   state   shall   furnish    and    set 
aside   in    the   capitol    a    room   or    rooms    suitable    for    offices 
for   said   commissioner,  and   if    the   secretary   of   state   shall 
Gen.  Laws— 30 


Act  1513,   §  2  HORTICULTURE.  «ti 

make  and  file  an  affidavit  with  the  said  commissioner  stat- 
ing that  it  is  not  possible  for  him,  as  such  secretary  of  state, 
to  provide  and  set  aside  an  office  for  said  commissioner 
in  the  capitol,  or  in  any  state  building  under  his  control, 
because  tin  re  is  no  such  office  room  or  rooms  available, 
then,  and  after  the  making  and  delivery  of  such  affidavit  to 
Such  commissioner,  the  said  commissioner  may  rent  rooms 
convenient  and  suitable  for  his  offices  under  this  act,  at 
a  rental  not  to  exceed  five  hundred  dollars  per  year.  Said 
commissioner  may  also  keep  and  maintain  an  office  in  the 
city  and  county  of  San  Francisco  at  a  yearly  rental  not  to 
exceed  the  sum  of  five  hundred  dollars,  and  may  appoint 
a  deputy  commissioner  who  shall  be  an  expert  entomolo- 
gist and  horticulturist,  to  have  charge  of  said  office  under 
said  commissioner,  and  to  perform  any  and  all  duties 
which  said  commissioner  may  require  of  him  under  this 
act,  and  shall  fix  the  monthly  compensation  of  such  deputy 
at  $200  per  month.  Such  deputy  shall  hold  his  position 
during  the  pleasure  of  such  commissioner,  and  may  be 
removed  from  his  office  or  position  at  any  time  by  said 
commissioner  filing  with  the  secretary  of  state  a  certi- 
ficate signed  by  said  commissioner  so  removing  such 
deputy.  Said  commissioner  may  also  appoint,  by  and  with 
the  approval  of  the  governor,  such  temporary  deputies  from 
time  to  time  as  may  be  required  for  quarantine  purposes 
under  this  act,  and  such  temporary  deputies  shall  re- 
.(  ive  Buch  compensation  per  diem  as  may  be  specified  in 
the  writing  so  approving  such  appointment.  If  there  bo 
not  sufficient  furniture  and  office  appliances  turned  over  to 
such  commissioner  by  the  state  board  of  horticulture 
heretofore  existing,  to  furnish  and  equip  properly  the  office 
or  offices  for  such  commissioner  at  Sacramento  and  San 
I'rancisco  aforesaid,  the  said  commissioner  may,  by  and 
with  the  approval  of  the  governor,  purchase  for  the  use  of 
his  said  office  or  officers  such  furniture  and  appliances  as 
may  be  necessary  therefor,  and  from  time  to  time,  at  an 
expense  not  to  exceed  a  sum  to  be  mentioned  in  such  ap- 
proval, which  expense,  together  with  all  other  expenses 
authorized  by  this  act,  is  hereby  allowed  for  the  purposes 
specified.     (Am'd.   1905,  497.) 

Sec.  2.  Upon  taking  office  under  this  act  such  commis 
eioner  shall  be  entitled  to  receive  and  have  turned  over  to 
him  as  such  commissioner  all  the  books,  records,  and 
property  in  the  possession,  charge,  custody  or  control  of 
the  state  board  of  horticulture  heretofore  existing,  and  all 
Mich     property    shall    be     delivered     to    such    commissioner 


467  HORTICULTURE.  Act  1513,   §  §  3,   l 

upon    demand.     Such     commissioner    shall    be    deemed    for 
such  purposes  the  successor  of  said  board. 

Sec.  3.  Such  commissioner  shall  collect  books,  pam- 
phlets and  periodicals  and  other  documents  containing  in- 
formation relating  to  horticulture,  and  shall  preserve  the 
same';  collect  statistics  and  other  information  showing 
the  actual  condition  and  progress  of  horticulture  in  this 
state  and  elsewhere;  correspond  with  horticultural  so- 
cieties, colleges  and  schools,  and  with  the  county  boards 
of  horticulture  existing  or  that  may  exist  in  this  state, 
and  with  all  other  persons  necessary  to  secure  the  best  re- 
sults to  horticulture  in  this  state.  He  shall  require  reports 
from  county  boards  of  horticulture  in  this  state,  and  may 
print  the  same  or  any  part  thereof  as  he  may  select,  either- 
in  the  form  of  bulletins  or  in  his  annual  report,  or  both, 
as  he  shall  deem  proper.  He  shall  issue  and  cause  to  be 
printed  and  distributed  to  county  boards  of  horticulture  in 
this  state,  and  to  all  other  persons  whom  he  may  deem 
proper,  bulletins  or  statements  containing  all  the  informa- 
tion best  adapted  to  promote  the  interest  and  protect  the 
business  and  devolepment  of  horticulture  in  this  state. 
Such  commissioner  shall  be  deemed  to  be  the  state  hor- 
ticultural quarantine  officer  mentioned  in  chapter  seventy- 
six  of  the  laws  of  eighteen  hundred  and  ninety-nine,  for 
the  purposes  of  that  act,  and  shall  be  empowered  to  per- 
form the  duties  which  under  that  act  are  to  be  performed 
by  the  state  horticultural  quarantine  officer;  provided, 
that  any  inspection  therein  authorized,  when  made  by  such 
commissioner,  must  be  with  the  approval  of  the  governor, 
and  as  provided  by  this  act. 

Sec.  4.  Said  commissioner  may,  by  and  with  the  ap- 
proval of  the  governor,  establish,  maintain  and  enforce 
such  quarantine  regulations  as  may  be  deemed  necessary 
to  protect  the  nurseries,  trees,  shrubs,  plants,  vines,  cut- 
tings, grafts,  cions,  buds,  fruit-pits,  fruit,  vegetables,  or 
other  articles  of  horticulture,  against  contagion  or  infec- 
tion by  injurious  disease,  insects  or  pests,  by  establishing 
such  quarantine  at  the  boundaries  of  this  state  or  else 
where  within  the  state,  and  he  may  make  and  enforce,  with 
the  approval  of  the  governor,  any  and  all  such  rules  and 
regulations  as  may  be  deemed  necessary  to  prevent  any 
infected  stock,  tree,  shrub,  plant,  vine,  cutting,  graft,  cion, 
bud,  fruit-pit,  fruit,  vegetable,  or  other  article  of  horticul- 
ture, from  passing  over  any  quarantine  line  established  an  1 
proclaimed  pursuant  to  this  act,  and  all  such  articles  shall, 
during    the    maintenance    of   such    quarantine,   be    inspected 


Act  1U3,  §§  5,  6  HORTICULTURE.  m 

by  such  commissioner  or  by  a  deputy  appointed  in  writ- 
ing by  said  commissioner  with  the  approval  of  the  govern- 
or, and  he  or  the  deputy  so  conducting  such  inspection  shall 
not  permit  any  such  article  to  pass  over  such  a  quarantine 
line  during  such  quarantine,  except  upon  a  certificate  of 
inspection  signed  by  such  commissioner  or  in  his .  name 
by  such  a  deputy  who  has  made  such  inspection,  unless 
such  article  has  been  immediately  prior  to  such  passage 
inspected  by  an  officer  or  agent  of  the  United  States  en- 
titled to  inspect  the  same,  and  such  officer  or  agent  has 
granted  permission  for  such  passage.  All  approvals  by  the 
governor  given  or  made  pursuant  to  this  act  shall  be  in 
writing  and  signed  by  the  governor  in  duplicate,  and  one 
copy  thereof  shall  be  filed  in  the  office  of  the  secretary 
of  state  and  the  other  in  the  office  of  said  commissioner 
before  such  approval  shall  take  effect. 

Sec.  5.  Upon  information  received  by  such  commis- 
sioner of  the  existence  of  any  infectious  disease,  insect  or 
pest,  dangerous  to  any  such  article,  or  to  the  interest  of 
horticulture  within  this  state,  or  that  there  is  a  proba- 
bility of  the  introduction  of  any  such  infectious  disease, 
insect  or  pest  into  this  state  or  across  the  boundaries 
thereof,  he  shall  proceed  to  thoroughly  investigate  the 
same,  and  may,  by  and  with  the  approval  of  the  governor, 
establish,  maintain  and  enforce  quarantine  as  hereinbefore 
provided,  with  such  regulations  as  may  be  necessary  to 
circumscribe  and  exterminate  or  eradicate  such  infectious 
diseases,  insects  or  pests,  and  prevent  the  extension 
thereof,  and  is  hereby  authorized  to  enter  upon  any  grounds 
or  premises,  and  inspect  any  stock,  tree,  shrub,  plant,  vine, 
cutting,  graft,  cion,  bud,  fruit-pit,  fruit,  vegetable,  or  other 
article  of  horticulture,  or  implement  thereof,  or  box  or 
package  pertaining  thereto,  or  connected  therewith,  or 
that  has  been  used  in  packing,  shipping  or  handling  the 
same,  and  to  open  any  such  package,  and  generally  to  do, 
with  the  least  injury  possible  under  the  conditions  to  prop- 
erty or  business,  all  acts  and  things  necessary  to  carry  out 
the  provisions  of  this  act. 

Sec.  6.  Upon  the  discovery  of  any  such  infectious  dis- 
ease, insec.ts  or  pests,  such  commissioner  shall  immediately 
report  the  same  to  all  county  boards  of  horticulture,  to- 
gether with  a  statement  as  to  the  best  known  means  or 
method  for  circumscribing,  exterminating  or  eradicating 
the  same,  and  shall  state  therein  specifically  what  treat- 
ment or  method  should  be  applied  in  each  case,  as  the 
matter    may    require,    with    a    detailed    statement    or    pre- 


4C0  HORTICULTURE.  Act  1513.  §§  7.  S 

scription  as  to  the  method  of  making  or  procuring,  and  of 
applying  any  preparation  or  treatment  so  recommended- 
therefor,  and  the  times  and  duration  for  such  treatment, 
and  if  chemicals  or  articles  be  required  other  than  those 
usually  obtainable  at  any  town,  the  place  or  places  where 
they  are  most  readily  to  be  obtained;  and  upon  the  receipt 
of  such  statement  by  any  county  board  of  horticulture,  or 
any  member  thereof,  it  shall  be  the  duty  of  such  county 
board  of  horticulture  to  distribute  such  statement  in  printed 
form  to  every  person  owning  or  having  charge  or  posses- 
sion of  any  orchard,  nursery  stock,  tree,  shrub,  or  article 
of  horticulture  within  their  county,  where  it  is  supposed 
by  said  county  board  there  is  any  danger  to  the  interests  of 
horticulture,  and  such  a  statement  must  be  served  with  or 
be  a  part  of  the  notice  to  be  given  to  the  owner  or  owners, 
or  person  or  persons,  in  possession  of  any  orchard,  nursery, 
tree,  shrub,  or  article  of  horticulture,  referred  to,  provided 
for,  and  required  to  be  served  in  and  by  section  two  of 
chapter  one  hundred  and  eighty-three  of  the  laws  uf  eight- 
een hundred  and  ninety-seven,  or  any  amendments  which 
have  been  or  may  be  made  thereto. 

Sec.  7.  Whenever  it  shall  become  necessary  to  establish 
quarantine  under  this  act,  if  there  be  any  authorities  or 
officers  of  the  United  States  having  authority  to  act  in 
such  matter,  or  any  part  thereof,  the  said  state  commis- 
sioner of  horticulture  shall  notify  such  authority  or  officers 
of  the  United  States,  and  co-operate  as  far  as  possible  with 
such  authorities  or  officers  of  the  United  States  whereso- 
ever the  jurisdiction  of  the  United  States  extends  and  is 
being  exercised,  and  shall  obtain,  whenever  desirable  and 
possible,  the  assent  of  the  proper  authority  or  officers  of 
the  United  States  to  the  establishment  or  change  of  quar- 
antine lines,  so  as  to  most  effectively  and  speedily  accom- 
plish the  purposes  of  this  act.  The  said  commissioner 
shall  at  once  notify  the  governor  of  all  quarantine  Lines 
established  under  or  pursuant  to  this  act,  and  if  the  gov- 
ernor approve  or  shall  have  approved  of  the  same  or  any 
portion  thereof,  the  governor  shall  issue  his  proclamation 
proclaiming  the  boundaries  of  such  quarantine,  and  the 
nature  thereof,  and  the  orders,  rules  or  regulations  pre- 
scribed for  the  maintenance  and  enforcement  of  the  same, 
and  shall  publish  such  proclamation  in  such  manner  as  he 
may  deem  expedient  to  give  proper  notice   thereof. 

Sec.  8.  The  said  state  commissioner  shall  be  ex-officio 
a  member  of  all  county  boards  of  horticulture  existing  or 
that  may  be  created  or  exist  in   ihis  state  pursuant  to  law, 


Act  1513.  §§  9-12  HORTICULTURE.  470 

whenever  he  is  present  and  acting  with  said  county  board 
-within  the  county  where  such  county  board  exists,  but 
win  n    he   is   no'  nt    in    such   a   county,   acting  with 

such  county  board,  then  the  said  county  board  shall  have 
all  the  pow<  r  and  authority  conferred  on  it  by  law,  and 
may  exercise  such  power  by  the  action  of  the  members  of 
such  county  board  or  a  majority  thereof.  The  reports 
which  county  boards  of  horticulture  arc  required  by  law  to 
make,  or  which  they  may  desire  to  make,  shall,  after  the 
passage  of  this  act,  be  made  to  the  state  commissioner  of 
horticulture. 

Sec.  ft.  M  shall  1'"  the  duty  of  the  superintendent  of 
state  printing  to  print  and  deliver  to  the  state  commis- 
sioner of  horticulture,  upon  the  written  request  of  said 
commissioner,  all  sueh  bulletins,  orders,  rules,  regulations, 
statements,  reports,  ami  other  {Tinted  matter,  as  the  said 
commissioner  may  deem  necessary  to  have  and  use  for 
carrying  out  the  purposes  of  this  act,  and  it  shall  be  the 
duty  of  tin  secretary  of  state  to  cause  to  be  prepared 
and  furnished  to  such  state  commissioner  all  stationery, 
paper,  blank  forms,  envelopes,  and  writing  material  need- 
ful and  convenient  for  use  in  the  office  of  such  commis- 
sioner. 

Bee.  10.  It  shall  lie  the  duty  of  said  state  commissioner 
t<>  report  in  the  month  of  January  in  each  even-numbered 
year  to  the  governor,  and  in  each  odd-numbered  year  to 
(he  legislature  of  this  state,  such  matters  as  he  may  deem 
expedii  nt  or  as  may  he  required  either  by  the  governor 
ur  legislature,  and  to  include  a  statement  of  all  the  per- 
sons employed,  and  of  moneys  expended  under  this  act,  by 

itemizi  d    statement    tin  ri  of. 

See.  U.  Any  person  willfully  refusing  to  comply  with 
orders  lawfully  made  under  ami  pursuant  to  this  act  shall 
he  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not   to   exceed   five  hun.ln  <1   dollars. 

Bee.  12.  All  moneys  paid  under  this  act  shall  be  paid 
by  the  state  treasurer  from  moneys  appropriated  for  the 
support  oi'  the  state  commissioner  of  horticulture,  and  ex- 
other  than  the  salary  of  the  commissioner,  the  com- 
pensation of  his  clerk  and  deputy  commissioner,  as  allowed 
and  provided  bj  this  act,  must  be  certified  by  the  said 
commissioner  and  be  approved  by  the  state  board  of  ex- 
aminers   before    being    audited    or    paid.     Any    moneys    re- 


471  HORTICULTURE.  Acts  1514,  1516,  5  \ 

maining  of  any  appropriation  heretofore  made  or  that  may 
be  appropriated  for  the  use  or  support  of  the  state  board 
of  horticulture  are  hereby  appropriated  to  the  support  of 
the  state  commission  of  horticulture,  and  are  directed  to 
be  applied  to  the  payment  of  claims  and  expenses  under 
this  act. 

Sec.  13.  The  sum  of  four  thousand  dollars  is  hereby 
appropriated  for  the  use  and  support  and  to  pay  the  ex- 
penses of  the  state  commission  of  horticulture  for  the  fiscal 
years  commencing  July  first,  nineteen  hundred  and  three, 
and  July  first,  nineteen  hundred  and  four,  under  this  act. 

Sec.  14.  Chapter  sixty-three  of  the  laws  of  eighteen 
hundred  and  eighty-three,  chapter  seven  of  the  laws  of 
eighteen  hundred  and  eighty-five,  chapter  eighty-six  of  the 
laws  of  eighteen  hundred  and  eighty-nine,  and  chapter  one 
hundred  and  ninety-four  of  the  laws  of  eighteen  hundred 
and   ninety-one,   are   hereby   repealed. 

Sec.  15.     This  act  shall  take  effect  immediately. 

ACT    1514. 

To   protect   and   promote   the   horticultural   interests   of   the 
state.     [Stats.    1881,  p.   86.] 

Amended  1889.   413;     1891,   268.     Repealed   1897,   244. 
Cal.    Rep.    Cit.     133,    325. 

ACT   1515. 

An  act  to  promote  the  horticultural  interests  of  the  state 
by  providing  county  boards  of  horticulture,  and  re- 
pealing the  act  entitled  ' '  An  act  to  protect  and  pro- 
mote the  horticultural  interests  of  the  state,"  approved 
March  14,  1S81,  and  certain  acts  amendatory  thereof, 
approved  March  19,  1889,  and  March  31,  1891. 

[Approved   March   31,    1897.     Stats.    1897,   p.    244.] 

Amended   1905,    297. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  a  petition  is  presented  to  the  board 
of  supervisors  of  any  county,  and  signed  by  twenty-five  or 
more  persons,  each  of  whom  is  a  resident  freeholder  and 
possessor  of  an  orchard,  stating  that  certain  or  all  or- 
chards, or  nurseries,  Oi  trees  of  any  variety  are  infested 
with  scale  insects  of  any  kind,  injurious  to  fruit,  fruit- 
trees,    and    vines,    codlin    moth,    or    other    insects    that    are 


Act  1515,  §  2  HORTICULTURE.  47:' 

destructive  to  trees,  and  praying  that  a  commission  be  ap- 
pointed by  them,  whose  duty  it  shall  be  to  supervise  the 
destruction  of  said  scale  insects,  as  herein  provided,  the 
board  of  supervisors  shall,  within  twenty  days  thereafter, 
appoint  a  board  of  horticultural  commissioners,  consisting 
of  three  members,  who  shall  be  qualified  for  the  duties  of 
horticultural  commissioner.  Upon  the  petition  of  twenty- 
five  resident  freeholders  and  possessors  of  an  orchard,  the 
board  of  supi  rvisors  may  remove  any  of  said  commissioners 
for  cause,  after  a  hearing  of  the  petition. 

Sec.  2.  It  shall  be  the  duty  of  the  county  board  of  hor- 
ticultural commissioners  in  each  county,  whenever  it  shall 
deem  it  necessary,  to  cause  an  inspection  to  be  made  of 
any  orchards,  or  nursery,  or  trees,  plants,  vegetables,  vims, 
or  fruits,  or  any  fruit  packing-house,  storeroom,  salesroom, 
or  any  other  place  or  articles  in  their  jurisdiction,  and  if 
found  infested  with  scale  insects,  or  codlin  moth,  or  other 
pests  injurious  to  fruit,  plants,  vegetables,  trees,  or  vines, 
or  with  their  eggs,  or  larvae,  they  shall  notify  the  owner 
or  owni  is,  or  person  or  persons  in  charge,  or  in  possession 
of  tbe  said  places  or  orchards,  or  nurseries,  or  trees,  or 
plants,  vegetables,  vims,  or  fruit,  or  article  as  aforesaid 
that  the  same  are  infested  with  said  insects,  or  other  pests, 
or  any  of  them,  or  their  eggs  or  larvae,  and  they  shall 
require  such  person  or  persons,  to  eradicate  or  destroy  the 
saitl  insects,  or  other  pests,  or  their  eggs  or  larvae  within 
a  certain  time  to  be  specified.  Said  notices  may  be  served 
upon  the  person  or  persons,  or  either  of  them  owning  or 
having  charge,  or  having  possession  of  such  infested  place, 
or  orchard,  or  nursery,  or  trees,  plants,  vegetables,  vines, 
or  fruit,  or  articles,  as  aforesaid,  by  any  commissioner,  or 
by  any  person  deputed  by  the  said  commissioners  for  that 
purpose,  or  they  may  be  S(  rved  in  the  same  manner  as  a 
summons  in  a  civil  action.  Any  and  all  BUCh  places,  or 
orchards,  or  nurseries,  or  trees,  plants,  shrubs,  vegetables, 
vines,  fruit,  or  articles  thus  infested,  are  hereby  adjudged 
and  declared  to  lie  a  public  nuisance;  and  whenever  any 
such  nuisance  shall  exist  at  any  place  within  their  juris- 
diction, or  on  the  property  of  any  non-resident,  or  on 
any  property  the  owner  or  owners  of  which  cannot  be 
found  by  the  county  board  of  horticultural  commissioners, 
after  diligent  search,  within  the  county,  or  on  the  property 
of  any  owner  or  owners  upon  which  notice  aforesaid  has 
been  served,  and  who  shall  refuse  or  neglect  to  abate  the 
same    within    the    time    specified,    it    shall    be    the    duty    of 


473  HORTICULTURE.  Act  1515,  §  §  3,  4 

the  county  board  of  horticultural  commissioners  to  cause 
said  nuisance  to  be  at  once  abated,  by  eradicating  or  de- 
stroying said  insects,  or  other  pests,  or  their  eggs,  or 
larvae.  The  expense  thereof  shall  be  a  county  charge,  and 
the  board  of  supervisors  shall  allow  and  pay  the  same  out 
of  the  general  fund  of  the  county.  Any  and  all  sum  or 
sums  so  paid  shall  be  and  become  a  lien  on  the  property 
and  premises  from  which  said  nuisance  has  been  removed 
or  abated,  in  pursuance  of  this  act,  and  may  be  recov- 
ered by  an  action  against  such  property  and  premises.  A 
notice  of  such  lien  shall  be  filed  and  recorded  in  the  office 
of  the  county  recorder  of  the  county  in  which  the  said 
property  and  premises  are  situated,  within  thirty  days 
after  the  right  to  the  said  lien  has  accrued.  An  action 
to  foreclose  such  lien  shall  be  commenced  within  ninety 
days  after  the  filing  and  recording  of  said  notice  of  lien, 
which  action  shall  be  brought  in  the  proper  court  by  the 
district  attorney  of  the  county  in  the  name  and  for  the 
benefit  of  the  county  making  such  payment  or  payments, 
and  when  the  property  is  sold  enough  of  the  proceeds  shall 
be  paid  into  the  county  treasury  of  such  county  to  satisfy 
the  lien  and  costs;  and  the  overplus,  if  any  there  be,  shall 
be  paid  to  the  owner  of  the  property  if  he  be  known,  and 
if  not,  into  the  court  for  his  use  when  ascertained.  The 
county  board  of  horticultural  commissioners  is  hereby  vested 
with  the  power  to  cause  any  and  all  such  nuisances  to  be 
at  once   abated  in   a   summary*  manner. 

Sec.  3.  Said  county  boards  of  horticultural  commission- 
ers shall  have  power  to  divide  the  county  into  districts, 
and  to  appoint  a  local  inspector,  to  hold  office  at  the  pleas- 
ure of  the  commissioners,  for  each  of  said  districts.  The 
state  board  of  horticulture  may  issue  commissions  as  quar- 
antine guardians  to  the  members  of  said  county  board  of 
horticultural  commissioners,  and  to  the  local  inspectors 
thereof.  The  said  quarantine  guardians,  local  inspectors,  or 
members  of  said  county  boards  of  horticultural  commission- 
ers, shall  have  full  authority  to  enter  into  any  orchard,  nurs- 
ery, place  or  places  where  trees  or  plants  are  kept  and 
offered  for  sale  or  otherwise,  or  any  house,  store-room,  sales- 
room, depot,  or  any  other  such  place  in  their  jurisdiction  to 
inspect  the  same,  or  any  part  thereof. 

See.  4.  It  shall  be  the  duty  of  said  county  board  of  hor- 
ticultural commissioners  to  keep  a  record  of  their  official 
doings,  and  to  make  a  report  to  the  state  board  of  horticul- 
ture, on  or  before  the  first   day  of  October  of   each  year,   of 


Acts  1516,  161T  HORTICULTURE.  474 

the  condition  of  the  fruit  interests  in  their  several  districts, 
what  is  being  done  to  eradicate  insect  pests,  also  as  to  dis- 
infecting, and  as  to  quarantine  against  insect  pests  and  dis- 
eases, and  as  to  carrying  out  all  laws  relative  to  the  greatest 
good  of  the  fruit  interest.  Said  board  may  publish  said  re- 
ports in  bulletin  form,  or  may  incorporate  so  much  of  the 
same  in  their  annual  reports  as  may  be  of  general  interest. 

Sec.  5.  The  salary  of  all  inspectors  working  under  the 
county  board  of  horticultural  commissioners  shall  be  two 
dollars  and  fifty  cents  ($2.50)  per  day.  In  the  case  of  the 
commissioners  themselves,  their  compensation  shall  be  four 
dollars  per  day,  when  actually  engaged  in  the  performance 
of  their  duties,  and  itemized  necessary  traveling  expenses  in- 
curred in  the  discharge  of  their  regular  duties  as  prescribed 
in  this  act. 

Sec.  6.  It  shall  be  the  duty  of  the  county  board  of  hor- 
ticultural commissioners  to  keep  a  record  of  their  official 
doings  and  make  a  monthly  report  to  the  board  of  super- 
visors; and  the  board  of  supervisors  may  withhold  warrants 
for  salaries  of  said  members  and  inspectors  thereof  until  such 
time  as  said  report  is  made. 

Sec.  7.  An  act  entitled  "An  act  to  protect  and  promote 
the  horticultural  interests  of  the  state,"  approved  March 
fourteenth,  eighteen  hundred  and  eighty-one,  and  el  rtain 
acts  amendatory  thereof,  approved  March  nineteenth, 
eighteen  hundred  and  eighty-nine,  and  March  thirty-first, 
eighteen   hundred   and   ninety-one,   are    hereby    repealed. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

ACT    1516. 

To   prevent   the   spreading   of    fruit   and    fruit-tree    pests   and" 
diseases,    and    to     provide     for     their     extirpation.     [Ap- 
proved March  9,  1885.     Stats.  1885,  40.] 
Superseded  1809,   91. 

ACT    1517. 

For  the  protection  of  horticulture,  and  to  prevent  the  intro- 
duction into  this  state  of  insects,  or  diseases  or  animals 
injurious  to  fruit  or  fruit-trees,  vines,  bushes,  or  vegeta- 
bles, and  to  provide  for  a  quarantine  for  the  enforcement 
of  this  act.  LStats-  1899>  P-  91-] 
Amended   1903,    32. 


475  HOSPITALS.  Acts  1522>  1528 

TITLE  210. 
HOSPITALS. 
ACT    1522. 

Conferring  power  upon  the  governing  body  of  municipal  cor- 
porations of  the  first  class  to  provide  for  the  erection  of 
a  municipal  hosoital,  and  to  levy  a  tax  therefor.  [Ap- 
proved February^,  1897.     Stats.  1897,  p.  9.] 

ACT    1523. 

An  act  to  provide  for  the  licensing  and  inspecting  of  ma- 
ternity hospitals,  lying-in  asylums  and  homes  for  chil- 
dren; defining  the  duties  of  persons  conducting  the 
same;  and  the  duties  and  powers  of  the  county  boards 
of  health  or  county  health  officers  and  other  health 
officers  in  relation  thereto,  and  providing  a  penalty 
for    the    violation    of    its    provisions. 

[Approved  March  20,   1903.     Stats.   1903,   p.  317.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Any  person  who,  without  first  having  obtained 
a  license  in  writing  so  to  do  from  the  county  board  of  health 
or  county  health  officers,  as  hereinafter  provided,  manages, 
conducts,  establishes  or  maintains  within  any  county  or  city 
and  county  in  this  state  any  maternity  hospital  or  lying  in 
asylum  where  females  may  be  received,  cared  for  or  treated 
during  pregnancy,  or  during  or  after  delivery;  or  manages, 
conducts,  establishes  or  maintains  within  any  county  or  city 
and  county  in  this  state  any  institution,  boarding-house,  home 
or  other  place  for  the  reception  or  care  of  children,  or  keeps, 
at  any  such  place,  any  child  under  the  age  of  twelve  years, 
not   his   relative,   apprentice,   or   ward,    without   legal   commit- 

Iment;  or  neglects,  refuses  or  omits  to  comply  with  the  pro- 
visions of  this  act,  or  who  violates  the  provisions  of  such  act, 
is  guilty  of  a  misdemeanor. 
Sec.  2.  For  such  places  within  the  limits  of  their  respective 
territorial  jurisdictions,  the  county  board  of  health  in  all 
counties  or  city  and  county  governments,  having  a  county 
board  of  health,  and  in  all  other  counties  or  city  and  county 
governments,  the  county  health  officer  shall  have  power  to 
issue  licenses,  and  every  such  license  must  specify  the  name 
and  residence  of  the  person  so  undertaking  the  care  of  such 
females  or  children;  and  the  location  within  the  county  or 
city  and  county  of  the  place  where  the  same  are  kept  and  the 
number  of  females  or  children  thereby  allowed  to  be  received, 


Act  1528  HOTELS.  47« 

boarded  or  kept  therein,  and  shall  be  revocable  for  cause  by 
the  said  county  board  of  health  or  county  health  officer,  as  the 
ease  may  be,  in  any  case  where  the  provisions  of  this  act  are 
violated,  or   ii.  where,    in   the  opinion  of  such  county 

board  of  health  or  such  county  health  officer,  such  hospital, 
asylum,  institution,  home,  boarding  house  or  other  place  is 
being  managed,  conducted  or  maintained  without  proper  re- 
gard for  the  health,  comfort  or  morality  of  the  inmates  there- 
of, or  without  due  regard  or  proper  sanitation  or  hygiene. 

Sec.  3.  Every  person  so  licensed  must  keep  a  register, 
wherein  he  shall  enter  the  names  and  addresses  of  all  such 
females,  the  names  and  ages  of  all  such  children,  and  of  all 
children  born  on  the  premises,  and  the  names  and  residences 
of  their  parents,  so  far  as  is  known,  and  the  time  of  the  re- 
ception and  discharge  of  such  children  and  the  reasons  there- 
for, and  also  the  name  and  age  of  every  child  who  is  given 
out,  adopted,  taken  away,  or  indentured  from  such  place,  to 
or  by  any  person,  together  with  the  name  and  residence  of  the 
person  so  adopting,  taking  away  or  indenturing  such  child; 
and  within  forty  eight  hours  alter  such  child  is  so  given  out, 
taken  away  or  indentured,  shall  cause  a  correct  copy  of  the 
register  relating  to  such  child  to  be  sent  to  the  county  board 
of  health  or  county  health   officer,  as  the  case  may  be. 

Sec.  4.  It  shall  be  lawful  for  the  officers  and  representa- 
tives of  such  county  board  of  health,  or  for  such  county  health 
ofiicers   and    their    repn  -.   and    for   all   health   officers, 

at  all  reasonable  times,  to  enter  and  inspect  the  premises 
wherein  such  females  and  children  are  so  boarded,  received 
or  kept,  and  to  call  for  and  inspect  the  license  and  the 
register  and  to  also  to  see  and  visit  such  children  and 
females. 


TITLE  211. 

HOTELS. 
ACT    1528. 

An  act  to  regulate  the  use  of   illuminating  gas. 
[Approved  March  20,  1903.     Stats.  1903,  289.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact   as    foil 
Section    1.     livery    hotel  keeper,    lodging-house    keeper,    and 
inn-keeper,    or    keeper    of    any    place    where    rooms   are    le 
lodgers   in   which,    or   any    of    which   such   places   illuminating 


♦77  HOURS   OF   LABOR.  Acts  1832-153$ 

gas  is  used,  who  shall  turn  off,  or  cause  to  be  turned  off  at 
the  meter  the  flow  of  such  illuminating  gas,  during  the  time 
of  the  use  of  any  such  room  or  rooms,  shall  be  guilty  of  a 
misdemeanor;  provided,  however,  that  this  act  shall  not  apply 
to  any  of  the  persons  herein  enumerated,  when  such  person  or 
persons  shall  have  connected  every  exit  orifice  upon  the  gas 
fixtures  used  in  such  place  or  places  with  a  practical  and  safe 
automatic  gas  igniter. 

Sec.  2.     This  act  shall  take  effect  and  be  in  force  imme- 
diately from  and  after  its  passage. 


TITLE  212. 
HOURS  OF  LABOR. 

Of  minors,    see  title   Infancy,   post. 
ACT    1533. 

To  limit   the  hours   of  labor.      [Stats.   1S67-8,   63.] 

Superseded  by  Political  Code,   sees.   3244,   3245,   and  Penal   Code,    sec. 
661. 

ACT   1534. 

Limiting  the  hours  of  daily  services  of  laborers,  work- 
men, and  mechanics  employed  upon  the  public  works 
of  or  work  done  for  the  state  of  California,  or  any 
political  subdivision  thereof,  providing  for  the  inser- 
tion of  certain  stipulations  in  contracts  for  public 
works,  imposing  penalties  for  violations  of  the  pro- 
visions of  this  act,  and  providing  for  the  enforcement 
thereof.  [Stats.  1899,  149.] 
Cal.   Rep.    Clt.    142,   104. 

Superseded  by  the  following  act: 

ACT    1535. 

An  act  limiting  the  Lours  of  daily  service  of  laborers, 
workmen,  and  mechanics  employed  upon  the  public 
works  of,  or  work  done  for,  the  state  of  California,  or 
any  political  subdivision  thereof;  providing  for  the 
insertion  of  certain  stipulations  in  contracts  for  public 
works;  imposing  penalties  for  violations  of  the  provis- 
ions of  this  act,  and  providing  for  enforcement  thereof. 

[Approved    March    23,    1901.     Stats.    1901,    561.] 


Act  1535,  §§  1,  2  HOURS   OP  LABOR.  47Si 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  time  of  service  of  all  laborers,  work- 
men, and  mechanics  employed  upon  any  public  works  of, 
or  work  done  for,  the  state  of  California,  or  for  any  political 
subdivision  thereof,  whether  said  work  is  done  by  contract 
or  otherwise,  is  hereby  limited  and  restricted  to  eight  hours 
in  any  one  calendar  day;  and  it  shall  be  unlawful  for  any 
officer  of  the  state,  or  of  any  political  subdivision  thereof, 
or  for  any  person,  corporation,  or  association  acting  in 
behalf  thereof,  whose  duty  it  shall  be  to  employ,  or  to 
direct  and  control  the  services  of  such  said  laborers,  work- 
men, or  mechanics  upon  any  of  the  above  said  public  works, 
or  who  have,  in  fact,  the  employment,  or  the  direction  and 
control  of  the  services  of  such  said  laborers,  workmen,  or 
mechanics  upon  any  of  said  works,  to  require  or  permit 
them,  or  any  of  them,  to  labor  thereupon  more  than  eight 
hours  in  any  one  calendar  day,  except  in  cases  of  extraor- 
dinary emergency  caused  by  fire,  flood,  or  danger  to  life, 
property,  or  except  to  work  upon  public,  military,  or 
naval  works  or  defenses  in  time  of  war. 

Sec.  2.  In  every  case  in  which  a  contract  is  made  for  or 
on  behalf  of  the  state  of  California,  or  for  or  on  behalf  of 
any  political  subdivision  thereof,  which  involves  the  em- 
ployment of  laborers,  workmen,  or  mechanics  to  do  work 
to  be  done  upon  the  public  works  of,  or  work  to  be  done 
for  the  said  state,  or  for  the  said  political  subdivision 
thereof,  under  the  terms  of  said  contract,  the  ofiiecr,  board, 
commission,  or  other  agent  or  agency  of  the  said  state, 
or  of  the  said  political  subdivision,  acting  for  or  on  be- 
half of  said  state,  or  of  said  political  subdivision,  as  the 
case  may  be,  in  making  and  awarding  the  said  contract, 
shall  cause  to  be  inserted  therein,  and  to  be  agreed  to  by 
every  person,  firm,  or  corporation  to  whom  said  contract 
or  any  interest  therein  is  awarded,  as  a  condition  u 
which  such  award  is  made  and  accepted,  a  stipulation, 
namely:  That  no  laborer,  workman,  or  mechanic  employ*  'I 
at  any  time  by  the  said  contractor  or  contractors,  or  by 
any  subcontractor  or  subcontractors  under  him  or  under 
them,  upon  the  work,  or  upon  any  part  of  the  work 
contemplated  by  the  said  contract,  shall  be  requind  or 
permitted  to  work  thereupon  more  than  eight  hours  in  any 
one  calendar  day.  except  in  cases  of  extraordinary  emer- 
gency caused  by  fire,  flood,  or  danger  to  lrfe  or  propi 
or  except  to  work  upon  public,  military,  or  naval  works  or 


479  HOURS   OP    LABOR.  Act  1533,  §  3 

defenses  in  time  of  war;  that  the  said  contractor  or  con- 
tractors thereby  agrees  or  agree  to  forfeit,  out  of  any 
moneys  becoming  due  to  him  or  to  them  from  the  state,  or 
from  the  political  subdivision  thereof,  as  the  case  may 
be,  under  the  terms  of  the  said  contract,  the  sum  of  ten 
dollars  for  each  laborer,  workman,  or  mechanic,  for  each 
and  every  calendar  day  upon  which  he  shall  labor  more 
than  eight  hours  in  violation  of  the  terms  of  the  said 
stipulation,  and  that  the  state,  or  the  political  subdivision 
thereof,  as  the  case  may  be,  is  thereby  authorized  and  di- 
rected to,  through  its  proper  representatives,  withhold 
from  the  said  contractor,  or  from  the  said  contractors,  as 
the  property  of  the  state,  or  of  the  political  subdivision 
thereof,  as  the  case  may  be,  all  sums  forfeited  as  described 
under  the  terms  of  the  said  stipulation.  It  shall  be  the 
duty  of  the  officer,  board,  commission,  or  other  agent  or 
agency  of  the  said  state,  or  of  the  said  political  subdivision 
thereof,  as  the  case  may  be,  acting  for  or  on  behalf  of  said 
state,  or  of  said  political  subdivision,  in  making  and  award- 
ing any  contract  such  as  is  described  in  this  section,  to 
take  cognizance  of  all  violation  of  the  herein  provided  for 
stipulation  in  said  contract,  and  to  report  the  same  to  the 
officer,  or  other  person,  representing  the  said  state,  or 
political  subdivision  thereof,  whose  duty  it  shall  be  to  pay 
the  moneys  due  under  such  contract,  and  it  shall  be  the 
duty  of  such  officer,  or  other  person,  when  making  payment 
of  moneys  thus  due,  to  withhold  and  retain,  in  accordance 
with  the  provisions  of  this  section,  all  sums  which  may 
have  been  forfeited  under  the  provisions  of  the  herein 
provided  for  stipulation.  Nothing  in  this  act  shall  be  con- 
strued to  authorize  the  collection  of  a  forfeiture  as  de- 
scribed herein,  from  the  state,  or  from  any  political  sub- 
division thereof.  Any  contract  such  as  described  in  this 
section,  made  for  or  on  behalf  of  the  state  of  California, 
or  for  or  on  behalf  of  any  political  subdivision  thereof, 
which  does  not  contain  the  stipulation  herein  described, 
shall  be  null  and  void,  and  no  recovery  shall  be  had  there- 
upon. 

Sec.  3.  Any  officer  of  the  state  of  California,  or  any 
political  subdivision  thereof,  or  any  person  acting  for 
or  on  behalf  thereof,  who  shall  violate  the  provisions  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
subject  to  a  fine  or  imprisonment,  or  both,  at  the  discre- 
tion of  the  court,  the  fine  not  to  exceed  five  hundrod  dol- 
lars, nor  the  imprisonment  one  year. 


Act  1536,  §§  1,  2  HOURS   OF   LABOR. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  with 
1  his  act,  in  so  far  as  they  are  inconsistent,  are  hereby  re- 
pealed. 

Bee.  5.  This  act  shall  take  effect  and  be  in  force  from 
and    after    its    passage. 

This  act   was  probably   superseded   in   part,    if  not   entirely,    by   the 
following   act: 

ACT    1536. 

An  act  limiting  the  hours  of  service  of  laborers,  workmen, 
and  mechanics  employed  upon  the  public  works  of,  or 
work  done  for,  the  state  of  California,  or  of,  or  for  any 
political  subdivision  thereof;  imposing  penalties  for 
violation  of  the  provisions  of  said  act,  and  providing 
for    the    enforcement    thereof. 

[Approved  March  10,  1903.     Stats.  1903,  p.   119.] 

Codified    by    amendment    of   Penal    Code,    1905.     See   note    to    §    6.W. 
Penal   Code. 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,  do  enact  as  follows: 

Section  1.     The  time  of  servii f  any  laborer,  workman, 

or  mechanic  employed  upon  any  of  the  public  works  of  the 
state  of  California,  or  of  any  political  subdivision  thereof, 
or  upon  work  done  for  said  state,  or  any  political  subdi- 
vision thereof,  is  hereby  limited  and  restricted  to  eigr.l 
hours  during  any  one  calendar  day;  and  it  shall  be  unlawful 
for  any  officer  or  agent  of  said  state,  or  of  any  political 
subdivision  thereof,  or  for  any  contractor  or  subcontractor 
doing  work  under  contract  upon  any  public  works  afore- 
said, who  employs,  or  who  directs  or  controls,  the  work 
of  any  laborer,  workman,  or  mechanic,  employed  as  herein 
aforesaid,  to  require  or  permit  such  laborer,  workman,  or 
mechanic,  to  labor  more  than  eight  hours  during  any 
one  calendar  day,  except  in  cases  of  extraordinary  run  r- 
grncy,  caused  by  fire,  flood,  or  danger  to  life  or  property, 
or  except  to  work  upon  public  military  or  naval  defenses 
or  works   in   time   of   war. 

Sec.  2.  Any  officer  or  agent  of  the  state  of  California, 
or  of  any  political  subdivision  thereof,  making  or  awarding, 
as  such  officer  or  agent,  any  contract,  the  execution  of 
which  involves  or  may  involve  the  employment  of  any 
laborer,  workman,  or  mechanic  upon  any  of  the  public 
works,  or  upon  any  work,  hereinbefore  mentioned,  sh.-ill 
cause  to  be  inserted   therein  a   stipulation   which   shall   pro- 


481  HOUSE    OP    CORRECTION.  Act  154') 

vide  that  the  contractor  to  whom  said  contract  is  awarded 
shall  forfeit,  as  a  penalty,  to  the  state  or  political  sub- 
division in  whose  behalf  the  contract  is  made  and  awarded, 
ten  (10)  dollars  for  each  laborer,  workman,  or  mechanic 
employed,  in  the  execution  of  said  contract,  by  him,  or 
by  any  subcontractor  under  him,  upon  any  of  the  public 
works,  or  upon  any  work,  hereinbefore  mentioned,  for  each 
calendar  day  during  which  such  laborer,  workman,  or 
mechanic  is  required  or  permitted  to  labor  more  than 
eight  hours  in  violation  of  the  provisions  of  this  act;  and 
it  shall  be  the  duty  of  such  officer  or  agent  to  take  cogni- 
zance of  all  violations  of  the  provisions  of  said  act  com- 
mitted in  the  course  of  the  execution  of  said  contract,  and 
to  report  the  same  to  the  representative  of  the  state  or 
political  subdivision,  party  to  the  contract,  authorized  to 
pay  to  said  contractor  moneys  becoming  due  to  him  under 
the  said  contract,  and  said  representative,  when  making 
payments  of  moneys  thus  due,  shall  withhold  and  retain 
therefrom  all  sums  and  amounts  which  shall  have  been 
forfeited  pursuant  to  the  herein  said  stipulation. 

Sec.  3.  Any  officer,  agent,  or  representative  of  the  state 
of  California,  or  of  any  political  subdivision  thereof,  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  misdemeanor,  and  shall  upon  conviction 
be  punished  by  fine  not  exceeding  five  hundred  (500)  dollars, 
or  by  imprisonment,  not  exceeding  six  (6)  months,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

Sec.  4.  All  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  date  of  its  passage. 


TITLE  213. 

HOUSE  OF  CORRECTION. 
ACT  1540. 

To    provide   for   commitments     to    the     house    of    correction 
[Stats.   1S85,,  p.   34.] 
Superseded   1S89,    111,    chap.    CVI1I;     1SS9,    100,    chap.    C1I1. 
Cal.    Rep.    Clt.    87,    83. 
Gen.  Laws— 31 


Acts  1545-i;39     HOUSE  OF  PROSTITUTION— HUMBOLDT  COUNTY.     4S2 

TITLE  214. 

HOUSES  OF  PROSTITUTION. 
ACT   1545. 

To  suppress  houses  of  ill-fame.     [Stats.  1855,  p.  76.] 
Superseded   by   Penal   Code,    sees.   315,   316. 


TITLE  215. 

IIUMBOLDT  BAY. 
ACT    1550. 

To  prevent  persons  from  obstructing  the  channels  of  Humboldt 
Bay  and  Harbor.     [Stats.  1853,  p.  192.] 
Superseded    by    Political    Code,    sees.    2567-2572,    relating    to    harbor 
commissioners    of    Kureka. 

ACT   1551. 

To  grant  to  the  United  States  certain  tide  lands  belonging  to 
tin  state  of  California  for  the  purpose  of  improving  the 
harbor  of  Humboldt  Bay.  [Approved  March  9,  1887. 
Stats.   1887,  p.  59.] 

ACT   1552. 

To  grant  to  the  United  States  certain  tide-lands  belonging  to 
the  state  of  California,  for  the  purpose  of  improving  the 
harbor  of  Humboldt  Bay.  [Approved  March  15,  1889. 
Stats.  1889,  p.  201.] 

ACT   1553. 

Authorizing  the  governor  and  attorney-general  to  purchase  for 

the  state  certain   lands  in   Humboldt   Bay.     [Stats.   1899, 

p.    1G6.] 


TITLE  216. 

HUMBOLDT  COUNTY. 
ACT   1558. 

Clerk  of,  compensation  of.      [Stats.   1875-6,  p.  81.] 
Repealed   by   County   Government   Act,    1897,    518,    sec:    168. 

ACT  1559. 

District  attorney  of,  salary  of.     [Stats.  1875-6,  p.  34.] 
Superseded   by   County   Government   Act,    1897.    518,   sec.    168. 


4S3  HUMBOLDT   COUNTY.  Acts  1560-15K9 

ACT   1560. 

Dependent  poor  and  indigent  sick  of,  relief  and  maintenance 
of.     [Stats.  1875-6,  p.  41.] 

Supplemented    1875-6,    4SS.     Superseded    by    County   Government   Act, 
1897,   452. 

ACT  1561. 

To   provide   an   additional   judge   for.     [Stats.    1895,    p.    27.] 

ACT  1562. 

Jurors  in  courts  of  justice  of  the  peace  in.     [Stats.  1873-4,  p. 

229.] 
As   to   jurors'    fees,    repealed    1895,    273. 

ACT    1563. 

Providing  for  the  scaling  of  logs  in.     [Stats.  1877-8,  p.  779.] 

ACT   1564. 

Additional  notaries  public.      [Stats.   1871-2,   p.    159.] 

Superseded   by    Political   Code,   sec.   791. 

This  act  provided  for  the  appointment  of  three  additional  notaries. 

ACT  1565. 

Fixing    compensation    of    certain    officers    of.     [Stats.    1873-4, 
.    p.   109.] 
Repealed   by    County   Government   Act,    1897,    518,    sec.    168. 

ACT   1566. 

Concerning  roads   of     [Stats.   1871-2,  p.   105.] 

Amen-ded   1873-4,    103.     Modified,    if   not   superseded,    by   County   Gov- 
ernment Act,   1897,   452,   and  by  sec.   2,   Stats.   1883,   p.   5,   chap.   X. 

ACT   1567. 

Roads  in.     [Stats.  1875-6,  p.  477.] 
Repealed   1883,    5,    chap.    X,    sec.    2. 

ACT    1568. 

Sheriff,  concerning  office  of.      [Stats.  1871-2,  p.  797.] 
Repealed   by    County    Government   Act,    1897,    518,    sec.    IBS. 
This    act    allowed    the    sheriff    compensation    for    his    services    as 
jailer. 

ACT  1569. 

Supervisors,  fixing  number  of.     [Stats.  1875-6,  p.  333.] 

Repealed  by  the  County   Government  Act,   1897,    452. 


Act  1370-1582  HUNTING    ON    PRIVATE    GROUNDS.  484 

ACT  1570. 

To  provide  for  the  disposal  of  lots  in  the  towns  and  villages 
on  the  public  lands  in  the  county  of  Humboldt.  [Stats. 
1855,  p.  168.] 

This    act    was    passed    to    carry    out    the    provisions    of    the    federal 
statutes   for   the   benefit   of  the   occupants   of  such   towns. 

ACT   1571. 

Fixing  compensation  of  treasurer  and  assessor.     [Stats.  1871-2, 

p.   169.] 

Superseded    and    In    effect     repealed    by    County    Government    Act, 
1897,   518,   sec.    168,   as  amended  1901,   721. 

ACT    1572. 

To   declare  certain  streams  and   sloughs   in    ITumboldt   County 
navigable.      [Stats.   1860,   p.   159.] 
Incorporated    In   Political   Code,    sec.    2349. 


TITLE  217. 

HUNTING  ON  PRIVATE  GROUNDS. 

ACT    1577. 

To  prevent  hunting  and  shooting  on  private  inclosed  grounds, 
and  the  destruction  of  growing  timber  on  private  grounds 
in  certain  counties  in  this  state.     [Stats.  1871-2,  p.  304.] 

This  act  applied  to  Alameda,  San  Mateo,  Marin,  San  Bernardino, 
San  Diego,  Colusa,  Sacramento,  Sonoma,  Nevada,  Humboldt,'  Los  An- 
geles, Santa  Barbara,  Contra  Costa,  and  San  Luis  Obispo  counties.  It 
was  amended  in  1873-4,  792,  so  as  to  make  It  apply  to  Alameda,  San 
Mateo,  Marin,  San  Bernardino,  San  Diego,  Colusa,  Sacramento,  So- 
noma, Nevada,  Humboldt,  Los  Angeles,  Santa  Barbara,  Contra  Costa, 
San  Luis  Obispo,   and   Mendocino  counties. 


TITLE  218. 
HUSBAND  AND  WIFE. 
ACT    1582. 

Defining  the  rights  of  husband  and  wife.     [Stats.  1850,  p.  254.] 
Amended    1853,    165;     1857,    199;     1858,    22;     1861,    310;     1862,    518;     18KJ- 
4,    363.     Superseded   by   provisions  of   Civil   Code. 

Cal     Rep     Cit      5,    256;     7,   270;     7.    272;     7,   273;     47,    37;     49,    190;     50,    106; 
87*.   647;'  97,   192;     98,   468;     106,  613;     106,   614;     121,   133;     121,    135. 


48S  IMMIGRATION— INDE3L  Acts  1587-li'JSJ 

TITLE  219. 

IMMIGRATION. 
ACT   1587. 

Concerning   passengers   arriving   in   the  ports   of   the   state  of 
California.      [Stats.  1852,  p.  78.] 

Amended   1853,    71;     I860,    32,    58;     1862,   486;     1863,    150. 
Cal.   Rep.   Cit.    42,   581. 

This  act  prescribed  the  duties  of  masters  of  vessels  in  relation  to 
passengers  arriving.  It  was  superseded  by  Political  Code,  sees.  2949- 
2969. 

ACT  1588. 

To   discourage  the  immigration   to   this   state   of   persons   who 
cannot   become  citizens.      [Stats.   1855,   p.    194.] 
This  act  imposed  a  fine  of  fifty  dollars  on  every  immigrant  incom- 
petent  to   become   a   citizen.     It   was   declared   unconstitutional   in   People 
v.   Downer,  7  Cal.   169. 


TITLE  220. 

INCLOSURES. 
ACT  1593. 

Preventing  persons  passing  through  inclosures  and  leaving  them 
open  by  tearing  down  fences  or  otherwise,  and  to  prevent 
hunting  upon  inclosed  lands.      [Stats.  1875-6,  p.  408.] 

Many  of  the  sections  of  this  act  were  codified  by  amendments  to 
the   Penal   Cade,    1905.     See   notes   to    §§    384b,    3S4c,    602,    Penal   Code. 

This  act  also  punished  the  offenses  of  wounding  the  animals  of 
another  and  of  leaving  flies.  It  provided  that  certain  of  its  provisions 
should  not  apply  to  the  counties  of  Los  Angeles,  San  Diego,  Sutter, 
San  Benito,  Del  Norte,  El  Dorado,  Colusa,  Tuba,  Humboldt,  Amador, 
Tuolumne,  San-  Luis  Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc,  Shasta, 
Trinity,  Sierra,  and  Placer.  It  was  amended  1877-8,  49,  776,  so  as  co 
exempt  from  certain  of  its  provisions  the  counties  of  Los  Angeles. 
San  Diego,  Sutter,  Del  Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt, 
Amador,  Tuolumne,  San  Luis  Obispo,  Plumas,  Lassen,  Siskiyou,  Modoc, 
Shasta,   Trinity,   Sierra,   Placer,   San  Benito,   and  Santa  Cruz. 


TITLE  221. 
INDEX. 
ACT   1598. 

Authorizing  the  superintendent  of  state  printing  to  have  pre- 
pared and  printed  an  index  to  all  the  laws  of  California 
1850-1893.      [Stats.  1893,  p.  150.] 


Acta  1603-1611  INDIANS— INFANTS.  4Sii 

TITLE  222. 

INDIANS. 
ACT   1603. 

For  the  government  and  protection   of  Indians.      [Stats.   1850, 
p.  408.] 

Amended    18T.5,    1.79;     1SG0.    1%.      L863,    743.    755. 

Some  provisions  of  this  act  were  repealed  by  later  Inconsistent 
statutes.  (People  v.  Antonio,  27  <al.  W4.)  Other  provisions  were  un- 
doubtedly repealed  by  the  codes.  It  is  probably  not  in  force  In  any 
particular.  In  the  absence  of  direct  legislation,  it  Is  deemed  advisable 
to  call   attention   to   It. 

ACT    1604. 

To    prevent  the   sale   of    firearms   and   ammunition   to   Indians. 
[Stats.  1854,  p.  24.] 
Superseded  by  Penal  Code,  sec.  398. 

ACT    1605. 

Granting  to  United  States  all  lands  within   Indian  reservations. 
[Stats.   IsGl',  p.  552.] 

ACT   1606. 

To  aid  officers  in  the  Indian  department,  appointed  by  the 
general  government  for  the  state  of  California,  in  the 
discharge    of    their    duties.     [Stats.    1850,    p.    223.] 

Amended    1867,    186. 

"The  above-named  statute  is  mentioned  by  the  code  commission- 
ers at  section  1346  without  anything  to  Indicate  that  they  suppose  it 
to  be  repealed  t'.v  any  of  th'  codes.  If,  however,  as  is  indicated  by 
the  note  to  section  6  of  the  Pebal  Code,  that  section  was  intended  to 
enumerate  every  act  or  omission  made  punishable,  then  this  statute 
must  have  been  substantially,  it'  n"t  absolutely,  repealed  by  that  code." 
—Code  Commissioners'    Note,    1903. 

ACT    1607. 

To  provide  for  the  auditing  atnl  examination  of  claims  against 
the  state  of  soldiers  who  served  in  the  Indian  wars  in  Cali- 
fornia.     [Stats.  lfclJ7,  p.  250.] 


TITLE  223. 
INFANTS. 
ACT    1611. 

An  act  regulating  the  employment  and  hours  of  labor  of  chil- 
dren— prohibiting  the  employment  of  minors  under  certain 
ages — prohibiting  the  employment  of  certain  illiterate 
minors — providing  for  the  enforcement  hereof  by  the  com- 


48tta  INFANTS.  Act  1611,  §  §  1,  a 

missioner  of  the  bureau  of  labor  statistics  and  providing 
penalties  for  the  violation  hereof. 

[Approved  February   20,   1905.     Stats.   1905,   p.   11.] 

Section  1.  No  minor  under  the  age  of  eighteen  shall  be 
employed  in  laboring  in  any  manufacturing,  mechanical  or  mer- 
cantile establishment,  or  other  place  of  labor,  more  than  nine 
hours  in  one  day,  except  when  it  is  necessary  to  make  repairs 
to  prevent  the  interruption  of  the  ordinary  running  of  the  ma- 
chinery, or  when  a  different  apportionment  of  the  hours  of 
labor  is  made  for  the  sole  purpose  of  making  a  shorter  day 's 
work  for  one  day  of  the  week;  and  in  no  case  shall  the  hours 
of  labor  exceed  fifty-four  hours  in  a  week. 

Sec.  2.  No  minor  under  the  age  of  sixteen  years  shall  be 
employed  or  permitted  to  work  in  any  mercantile  institution, 
office,  laundry,  manufacturing  establishment,  or  workshop,  be- 
tween the  hours  of  ten  o  'clock  in  the  evening  and  six  o  'clock 
in  the  morning. 

No  child  under  fourteen  years  of  age  shall  be  employed  in 
any  mercantile  institution,  office,  laundry,  manufacturing  es- 
tablishment, workshop,  restaurant,  hotel,  apartment  house,  or 
in  the  distribution  or  transmission  of  merchandise  or  messages. 

Provided,  that  the  judge  of  the  juvenile  court  of  the  county, 
or  city  and  county,  or  in  any  county  or  city  and  county 
in  which  there  is  no  juvenile  count,  then  any  judge 
of  the  superior  court  of  the  county,  or  city  and 
county  in  which  such  child  resides,  shall  have  au- 
thority to  issue  a  permit  to  work  to  any  such  child 
over  the  age  of  twelve  years,  upon  a  sworn  statement  being 
made  to  him  by  the  parent  of  such  child  that  such  child  is  past 
the  ao-e  of  twelve  years,  that  the  parents  or  parent  of  such  child 
are  incapacitated  for  labor,  through  illness,  and  after  investi- 
gation by  a  probation  officer  or  truant  officer  of  the  city,  or  city 
and  county,  in  which  such  child  resides,  or  in  cities  and  counties 
where  there  are  no  probation  or  truant  officers,  then  by  such 
other  competent  persons  as  the  judge  may  designate  for  this 
purpose.  The  permit  so  issued  shall  specify  the  kind  of  labor 
and  the  time  for  which  it  is  issued,  and  shall  in  no  case  be  is- 
sued for  a  longer  period  than  shall  seem  necessary  to  the  judge 
issuing  such  permit.  Such  permit  shall  be  kept  on  file  by  the 
person,  firm  or  corporation  employing  the  child,  therein  desig- 
nated,'during  the  term  of  said  employment,  and  shall  be  given 
up  to' said  child  upon  his  quitting  such  employment.  Such  cer- 
tificate shall  be  always  open  to  the  inspection  of  the  truant 
and  probation  officers  of  the  city  and  county,  city  or  county,  in 


u,  §  S  INFANTS.  48«ib 

which  the  place  of  employment  is  situated  or  of  the  officers 
of  the  state  bureau   of  labor  statistics. 

Ami  provided  that  any  such  child,  over  the  age  of  twelve 
-.  may  be  employed  at  any  of  the  occupations  mentioned 
in  this  act  during  the  regular  vacation  of  the  public  schools 
of  the  city,  county,  or  city  and  county  in  which  the  place  of  em- 
ployment is  situated,  upon  the  production  of  a  permit  signed 
by  the  principal  of  the  school  which  such  child  has  attended 
during  the  term  next  preceding  any  such  vacation.  Such  per- 
mit shall  contain  the  name  and  age  of  the  child  to  whom  it  is 
■  d,  and  the  date  of  the  termination  of  the  vacation  for 
which  it  is  issued,  and  shall  he  kept  on  file  by  the  employer 
during  the  period  of  employment,  and  at  the  termination  of 
such  employment  shall  be  returned  to  the  child  to  whom  it  was 
issued. 

No  minor  who  is  under  sixteen  years  of  age  shall  be  em- 
ployed  or  permitted  to  work  at  any  gainful  occupation  during 
the  hours  that  the  public  BChoolfi  of  the  city,  town  or  school 
district  in  which  his  place  of  employment  is  situated  are  in 
session,  unless  he  or  she  can  read  English  at  sight  and  can 
write  legibly  and  correctly  simple  English  sentences,  or  unless 
he  or  she  is  a  regular  attendant  for  the  then  current  term  at 
B  regularly  conducted  night  school.  A  certificate  of  the  prin- 
cipal of  such  school  shall  be  held  to  be  sufficient  evidence  of 
such  attendance. 

Sec.  3.  Every  person,  firm,  or  corporation  employing  minors 
under  eighteen  years  of  age,  in  any  manufacturing  establish- 
ment, shall  post,  ami  keep  posted,  in  a  conspicuous  place  in 
every  room  where  such  help  is  employed,  a  written  or  printed 
notice  stating  the  number  of  hours  per  day  for  each  day  of 
the  week  required  of  such  persons. 

Every  person,  firm,  corporation,  agent  or  officer  of  a  firm  or 
corporation  employing  or  permitting  minors  under  sixteen  years 
and  over  fourteen  years  of  age  to  work  in  any  mercantile  in- 
stitution, office,  laundry,  manufacturing  establishment,  work- 
shop, restaurant,  hotel,  apartment  house,  or  in  the  distribution 
or  transmission  of  merchandise  or  messages,  shall  keep  a  record 
of  the  names,  ages,  and  places  of  residence  of  such  minors, 
and  shall  have  on  file  a  certificate  of  age  and  schooling,  as 
provided  in  this  act,  for  every  such  minor  so  emplo; 
record  and  certificate  to  be  open  at  all  times  to  the  in- 
spection of  those  whose  duty  it  is  to  enforce  the  provisions 
of  the  act.  , 

An  age  and  schooling  certificate  shall  be  approved  only  bj 
the  superintendent  of  schools  Of  the  city   or  city  and  county, 


486c  INFANTS.  Act  1611,  §  3 

or  by  a  person  authorized  by  him,  in  writing,  or  where  there  is 
no  city  or  eity  and  county  superintendent  of  schools,  by  a  per- 
son authorized  by  the  local  school  trustees;  provided,  that  the 
superintendent  or  principal  of  any  school  of  recognized  stand- 
ing shall  have  the  right  to  approve  an  age  and  schooling  cer- 
tificate, and  shall  have  the  same  rights  and  powers  as  the  su- 
perintendent of  public  schools  to  issue  the  certificate  herein 
provided,  for  children  attending  such  schools.  The  persons  au- 
thorized to  issue  age  and  schooling  certificates  shall  have  the 
authority  to  administer  the  oaths  necessary  for  carrying  out 
the  provisions  of  this  act,  but  no  fee  shall  be  charged  for  issu- 
ing such  certificates. 

An  age  and  schooling  certificate  shall  not  be  approved  un- 
less satisfactory  evidence  is  furnished  by  the  last  school  cen- 
sus, the  certificate  of  birth  or  baptism  of  such  child,  the  public 
register  of  birth  of  such  child,  or  in  some  other  manner,  that 
such  child  is  of  the  age  stated  in  the  certificate.    ' 

A  duplicate  copy  of  each  age  and  schooling  certificate  granted 
under  the  provisions  of  this  act  shall  be  kept  by  the  person 
issuing  su  '.h  certificate,  such  copy  to  be  filed  with  the  county 
superintendent  of  schools  in  the  county  where  the  certificate 
was  issued,  provided,  that  all  such  copies  of  certificates  issued 
between  June  25th  and  December  25th  of  any  year  shall  be 
filed  not  later  than  December  31st  of  such  year,  and  those  is- 
sued between  December  25th  and  June  25th  of  the  ensuing  year 
shall  be  filed  not  later  than  June  30th  of  each  year.  Such  cer- 
tificate shall  be  substantially  in  the  following  form,  to  wit : 

Age  and  Sclwoling  Certificate. 

This  certifies  that  I  am  the  (father,  mother,  or  guardian)  of 
(name  of  child),  and  that  (he  or  she)  was  born  at  (name  of 
town  or  city),  in  the  county  of  (name  of  county)  (if  known) 
and  state  (or  country)  of  (name),  on  the  (day  and  year  of 
birth),  and  is  now  (number  of  years  and  of  months)   old. 

Signature  as  provided  in  this  act. 

Town  or  city,  and  date. 

There  personally  appeared  before  me  the  above-named 
(name  of  person  signing)  and  made  oath  that  the  foregoing 
certificate  by  (him  or  her)  signed  is  true  to  the  best  of  (his 
or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of  (name  of  child), 
height  (feet  and  inches),  complexion  (fair  or  dark),  hair 
(color),  having  no  sufficient  reason  to  doubt  that  (he  or  she) 
is  of  the  age  therein  certified,  and  I  hereby  certify  that   (he  or 


Act  1611,   §§  4-16  INFANTS.  «6d 

sin)   c;in  or  cannot  rend  English  at  sight,  and  can.  or  cannot 
write  legjblj  simple  sentences  in  the  English  language. 

Signature  of  the  person  authorized  to  sign,  with  his  official 
character  and  authority. 

Town   or  city,   and   date. 

This  certificate  belongs  to  the  person  in  whose  behalf  it  is 
drawn,  and  it  shall  be  surrendered  to  (him  or  her)  whenever 
(he  or  she)  loaves  the  services  of  the  person,  firm,  or  corpo- 
ration  holding  the  same. 

The  certificate  as  to  the  birthplace  and  age  of  the  minor 
under  sixteen  and  over  fourteen  years  of  age  shall  be  signed  by 
his  father,  his  mother,  his  guardian;  if  a  child  has  no  father, 
mother,  or  guardian  living  in  the  same  city  or  town,  his  own 
signature  to  the  certificate  may  be  accepted  by  the  person  au- 
thorized to  approve  the  same. 

Every  person  authorized  to  sign  the  certificate  prescribed  by 
this  act,  who  knowingly  certifies  to  any  false  statement  therein, 
is  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  not  less  than  five  nor  more  than  fifty  dollars,  or  im- 
prisoned not  more-  than  thirty  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  4.  Any  person,  firm,  corporation,  agent,  or  officer  of 
a  firm  or  corporation  that  violates  or  omits  to  comply  with 
any  of  the  foregoing  provisions  of  this  act,  or  that  employs,  or 
suffers,  or  permits  any  minor  to  be  employed  in  violation 
thereof,  is  guilty  of  a  misdemeanor  and  shall,  on  conviction 
thereof  be  punished  by  a  fine  of  not  less  than  fifty  dollars  or 
more  than  two  hundred  dollars,  or  by  imprisonment  for  not 
more  than  sixty  days,  or  by  both  such  fine  and  imprisonment, 
for  each  and  every  offense.  A  failure  to  produce  any  age  and 
schooling  certificate  or  permit,  or  to  post  any  notice  required 
by  this  act,  shall  be  prima  facie  evidence  of  the  illegal  em- 
ployment of  any  person  whose  age  and  schooling  certificate  or 
permit  is  not  produced,  or  whose  name  is  not  so  posted.  Any 
fine  collected  under  the  provisions  of  this  act  shall  be  paid 
into  the  school  funds  of  the  county,  or  city  and  county,  in 
which  the  offense  occurred. 

Sec.  5.  Nothing  in  this  act  shall  be  construed  to  prohibit 
the  employment  of  minors  at  agricultural,  horticultural,  viticul- 
tural  or  domestic  labor,  during  the  time  the  public  schools  are 
not  in  session,  or  during  other  than  school  hours. 

Sec.  6.  It  shall  be  the  duty  of  the  commissioner  of  the  bu- 
reau of  labor  statistics  to  enforce  the  provisions  of  this  act. 


487  INFANTS.  Acts  1612-161S 

But  any  person   may  lay  an  information  before  a  magistrate 
of  the  commission  of  any  public  offense  defined  in  this  act. 

Sec.  7.     This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

ACT   1612. 

To  prevent  sale  of  intoxicating  drinks  to.      [Stats.  1871-2,  p. 

231.] 

Superseded  1891,   91. 

ACT  1613. 

To  prevent  the  sale  of  intoxicating  liquors  to.     [Stats.  1891, 
p.  91.] 

Superseded   by   act   of   1903,    319. 

ACT    1614. 

To  prevent  the  selling,  giving  or  delivering  intoxicating  liquors 
to  minor  children,  and  to  prevent  minor  children  visiting 
saloons  or  public  houses  where  intoxicating  liquors  are 
sold.  [Approved  March  20,  1903.  Stats.  1903,  p.  319.] 
This  act  appears  in  full  in  the  Appendix  to  the  Penal  Code,   p.  620. 

ACT    1615. 

To  protect  female  children  under  the  age  of  seventeen.      [Stats. 
1860,  p.  >86.] 

This  act  prohibited  the  exhibition  of  female  children  under  seven- 
teen  in  any  public   place.     Superseded  by   Penal   Code. 

ACT    1616. 

For  the  protection  of  children,  and  to  prevent  and  punish  cer- 
tain wrongs  to  children.      [Stats.  1877-8,  p.  812.] 

Codified  by  amendments  to  both  the  Civil  and  Penal  Codes,  1905. 
See  notes  to   §   607,   Civil  Code,   and   §   272,   Penal   Code. 

This  act  prevented  minors  under  sixteen  from  entering  saloons 
and  prevented  anyone  from  using  children  for  purposes  of  beggary. 
It  appears   in  full  in   the   Appendix  to  the  Penal   Code,   p.    617. 

ACT   1617. 

Relating  to  children.     [Stats.  1877-8,  p.  813.] 

Codified  by  amendments  to  both  the  Civil  and  Penal  Codes,  190i. 
See  notes  to   §   607,   Civil  Code,  and   §   272,   Penal   Code. 

This  act  prevented  the  selling  or  apprenticing  of  children  for  im- 
moral purposes.  It  appears  in  full  in  the  Appendix  to  the  Penal  Code, 
p.  614. 

ACT    1618. 

For  the  incorporation  of  societies  for  the  prevention  of  cruelty 
to  children.  [Approved  April  3,  1876.  Stats.  1875-6,  p. 
830.] 


Acts  1619-1623  INSANE.  «8 

Codified  by  amendments  of  Civil  Code,  1905.  See  note  to  §  607. 
Civil   Code. 

This   act   can  be  found   in   the  Appendix  to  the  Penal   Code,   p.   612. 

ACT  1619. 

To    regulate   the   hours,  of   labor   and    employment   of   minors. 
[Stats.  1889,  p.  4.] 

This  act   appears  in   full   in   Civil   Code,   Appendix,   p.   721. 
ACT    1620. 

To  regulate  the  employment,  hours  of  labor,  etc.,  of  children. 
[Stats.  1901,  p.  631.] 

This  act   appears   in   full   in   Civil   Code,   Appendix,    p.   722. 

ACT  1621. 

Relating  to  the  care  and  custody  of  minor  children  in  certain 
cases.      [Stats.  1869-70,  p.  328.] 
Superseded   by   Civil   Code,   sees.   198,    199. 

ACT  1622. 

Orphan    and    abandoned    children,   care   of.     [Stats.    1873-4,  p. 

297.] 

Amended    1 

Codified  by  amendments  of  Civil  Code,  1905.  See  note  to  §  24H. 
Ovil  Code. 

This  act  provided  for  the  publication  of  notices  of  children  ad- 
mitted,  and   Indicted  a  penalty   for  abandonment   of  children. 


TITLE  224. 
INSANE. 
ACT    1627. 

To   provide   an   additioral   asylum    for   chronic   insane.      [Stats. 
1885,  p.  35.] 

Amerrded    1889,    130.     Superseded    by    the    Lunacy    Commission    Act, 
1897,   311. 

This   act   created   the   asylum   at   Agnews. 

ACT   1628. 

To  provide  for  the  erection  of  water  towers  and  tanks  on  the 

grounds   of   the   Agnews   state   hospital.     [Stats.    1901,   p. 

806.] 

ACT  1629. 

To  establish  a  branch  insane  asylum  for  the  insane  of  the  state 

of  California  at  Ukiah,  to  be  known  as  the  Mendocino- state 

insane  asylum,  and  appropriating  money  therefor.     [Stats. 

1889,  p.  25.] 

Superseded   by   the   Lunacy   Commission   Act,    18*97,   311. 


489  INSANE.  Acts  1630-163S 

ACT    1630. 

To  change  the  name  of  the  Mendocino  state  asylum  for  the  in- 
sane to  Mendocino  asylum.      [Stats.  1893,  p.  75.] 

ACT   1631. 

To  provide  for  the  future  management  of  Napa  State  asylum 
for  the  insane.      [Stats.  1875-6,  p.  133.J 

Amended    18S3,    281;     1887,    177;     1889,    351.     Repealed    by    the    Lunacy 
Commission  Act,   1897,   311. 

ACT   1632. 

Napa  state  asylum  for  the  insane,  prohibiting  sale  of  intoxi- 
cating    liquors      within      certain    distance     of.     [Stats. 
1873-4,    p.     27.] 
Superseded  by   Penal  Code,   sec.   172. 

ACT  1633. 

Napa    state    asylum,    supply    of    water    for.     [Stats.    1875-6, 

p.    883.] 
ACT    1634. 

To  provide  for  the  erection  and  management  of  a  state 
hospital  for  the  insane,  to  be  located  in  southern  Cali- 
fornia.    [Stats.    1889,    p.    120.] 

Amended   1891,    481;     1S95,    207.     Superseded   by   the   Lunacy    Commis- 
sion Act,   1897.   311. 

ACT    1635. 

Appropriation  for  supplying  water,  light,  and  fuel  for  the 
state  insane  asylum  at  Stockton.     [Stats.  1889,  p.  106. J 

Repealed   1889,    225. 

ACT    1636. 

To  authorize  the  board  of  managers  of  the  Southern  Cali- 
fornia state  hospital  to  sell  a  strip  of  land.  [Stats. 
1901,  p.  563.] 

ACT    1637. 

Authorizing   the    trustees   of   the   Southern    California   state 

asylum    to    convey    certain   water   rights.     [Stats.    1895, 

p.  232. 

ACT   1638. 

Insane,     providing     further      accommodation     for.     [Stats. 
1871-2,    p.    673.] 

Supei  seded  as  to  government  of   the   institution   by   1897,    311,    chap. 
CCXXVII. 


Acts  1630-164-3  INSANE.  49u 

ACT    1639. 

To    prevent    the    overcrowding   of    asylums    for   the    insane. 
[Stats.    1885,   p.    35.] 
Superseded   by   the   Lunacy   Commission   Act,    1897,   311. 

ACT    1640. 

In  relation  to  the  superintendent  of  the  state  insane  asy- 
lum.     [Stats.    1871-2,    p.    845.] 

Repealed   1877-8.   767. 

This  act  required  the  superintendent  to  attend  the  annual  meet- 
ings of  the  Superintendents  of  American  Institutions  for  the  Insane. 
See  the  act  of  1S77-8,   7«7. 

ACT    1641. 

To  provide  for  the  future  management  of  the  state  asylums 
for   the   insane.      [Stats.    1885,  p.   32.] 
ifiod,    if    n<n    repealed,    by    1S89,    329,    chap.    CCXX,    and    both 
modified,    it"    not  .    by    the    Lunacy    Commission    Act,    1897,    311." 

in  rs'    Note. 

ACT   1642. 

To   provide   tor   the  maintenance,  support,  and  discharge  in 

certain    cast  s    of    insane    persons    confined    in    the    state 

asylum  for  the  insane,  and  for  the  control  and  man- 
meat  of  a  resulting  contingent  fund.      [Stats.    1889, 

p.   329.] 

Probably   superseded   by    the   Lunacy    Commission    Act,    1897,    311. 

This  act  provided  for  an  inquiry  Into  the  ability  of  inmates  to 
support  themselves,  and  for  the  payment  for  their  support  by  Inmates 
found    capable. 

ACT   1643. 

To   establish    a   state   lunacy   commission,   to   provide   a  uni- 
form   government    and    management    of    the    state    hos- 
pitals    tor     the     insane,     and      provide      for      the      care, 
custody,    and    apprehension    of    persons    believed    to    be 
insane,    and     the     commitment    of     insane   persons,     and 
providing  for    the    transfer    of    unexpended    appropria- 
tions of   moneys  and  properties,      [Stats.   1897,  p.   311. J 
Amended    U99,    160.     Sic.    19    repealed    1900,    22.     Unconstitutional    as 
to    method    of    commitment.     (Matter    of    Lambert,     134    Cal.    626.)     Prob- 
ably   superseded    by    sec.    2136-2199,    Pol.    Code,    as    adopted    in    1903,    es- 
tablishing  a  state   commission    In    lunacy,    etc. 

ned  by  amendment  of  Civil  Cade.  1905.     See  note  to  §  258,   Civil 
Code  Supp. 
Cal.    Rep.    Cit.     139,    49L 


421  INSANE.  Act  1644,   §§1.2 

ACT     1C-11. 

An  act  to  provide  for  restoration  to  capacity  of  persona 
adjudged  to  be  insane,  who  have  no  guardians  and  who 
are  not  confined  at  state  hospitals  for  the  insane. 

[Approved    March    23,    1901.     Stats.    1901,   p.    639.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  any  person  duly  adjudged  to  be 
insane  has  been  duly  committed  to  a  state  hospital  for  the 
insane  under  the  provisions  of  any  law  of  this  state;  and 
for  whom  no  guardian  has  been  appointed,  and  who  is 
absent  from  the  hospital  to  which  he  was  committed  or 
transferred  under  the  order  of  commitment,  on  parole  or 
leave  of  absence  granted  by  the  medical  superintendent 
thereof,  or  who  has  been  discharged  therefrom  as  im- 
proved by  said  superintendent  as  provided  by  subdivision 
two,  section  fourteen,  article  three,  of  the  insanity  law 
of  California,  approved  March  thirty-first,  eighteen  hun- 
dred and  ninety-seven,  is  desirous  of  being  declared  sane 
and  restored  to  legal  capacity,  said  insane  person  or  a 
relative  or  friend  on  his  behalf  may  make  application  in 
writing  to  said  medical  superintendent  to  be  declared 
sane.  On  receiving  such  application,  said  medical  super- 
intendent may  make  such  examination  of  such  person  and 
require  such  proof  as  he  may  reasonably  deem  necessary 
to  determine  whether  or  not  such  person  is  sane.  For  the 
purpose  of  making  such  examination  said  superintendent 
may  also  require  said  person  to  present  himself  at  the 
hospital  for  examination.  If  on  making  such  examination 
and  receiving  such  proofs  as  he  deems  reasonably  neces- 
sary said  medical  superintendent  shall  be  satisfied  that 
said  person  is  sane  and  has  recovered  his  reason,  said 
medical  superintendent  shall  issue  to  said  person  his  cer- 
tificate that  such  person  is  sane,  and  recovered  and  re- 
stored to  reason.  A  copy  thereof,  duly  certified,  shall  be 
immediately  forwarded  to  the  state  commission  in  lunacy, 
who  shall  file  the  same  in  their  office.  A  copy  thereof 
shall  also  be  filed  at  said  hospital  and  a  proper  record 
made  thereof. 

Sec.  2.  If  said  medical  superintendent  is  unwilling  or 
refuses,  however,  to  issue  a  certificate  of  recovery  upon 
application  as  in  section  one  provided,  he  shall  so  certify 
in  writing,  giving  his  reasons  therefor,  and  said  insane 
person  or  a  relative  or  friend  in  his  behalf  may  make 
application,    by    petition    duly   verified,    to    a   judge    of    the 


Act  1G44,  §  3  INSANE.  492 

superior  court  of  the  county  where  such  insane  person 
resides  to  be  declared  sane.  Notice  of  the  hearing  of  said 
application  shall  be  given  in  the  manner  directed  by  a 
judge  of  said  court,  to  said  medical  superintendent, '  and 
to  such  relative  or  relatives  of  such  insane  person  re- 
siding in  the  county  as  the  judge  may  direct,  who  may 
have  opportunity  to  appear  and  be  heard  on  the  hearing 
of  said  application.  Such  hearing  shall  be  conducted  as 
arc  civil  cases,  and  on  demand  of  the  petitioner  the  ques- 
tion of  the  insanity  of  such  person  may  be  tried  by  a  jury, 
as  in  civil  cases.  If  on  the  hearing*  of  said  application 
the  court  is  satisfied  from  the  proofs  produced  or  if  a 
jury  trial  is  had,  and  the  jury  shall  render  a  verdict  that 
such  person  is  sane,  the  court  shall  by  order  adjudge  such 
person  to*  be  sane.  Said  order  shall  be  filed  and  recorded 
in  the  office  of  the  county  clerk  and  certified  copies 
thereof  shall  be  sent  by  said  clerk  and  filed  with  the 
state  commission  in  lunacy  and  also  with  the  superintend- 
ent of  the  hospital  from  which  said  insane  person  was 
,  paroled,  granted  leave  of  absence,  or  discharged  as  im- 
proved. If  said  matter  is  tried  by  a  jury  the  cause  against 
said  insane  person  shall  be  represented  by  the  district 
attorney  of  the  county.  From  a  decision  of  the  court  or 
verdict  of  the  jury  finding  the  said  person  insane  an  appeal 
may  be  taken  as  in  civil  cases.  If  three-fourths  of  the 
.jury  fail  to  declare  said  person  sane,  or  the  court  or  the 
jury  shall  find  such  person  to  be  insane,  'said  proceeding 
shall  be  dismissed  and  no  new  application  to  declare  such 
person  sane  shall  be  made  for  six  months  thereafter. 

Sec.  3.  Whenever  any  person  who  has  been  adjudged 
to  be  insane,  who  has  not  been  committed  to  a  state 
hospital  for  the  insane,  and  who  has  no  guardian,  and 
who  is  desirous  of  being  declared  sane  ami  restored  to 
legal  capacity,  said  insane  person  or  a  relative  or  friend 
on  his  behalf  may,  by  petition  duly  verified,  make  appli- 
cation to  a  judge  of  the  superior  court  where  he  resides 
to  be  declared  sane;  said  judge  shall  fix  a  time  for  the 
hearing  of  said  application,  and  he  may,  by  order,  direct 
that  notice  of  said  hearing  be  given  in  the  manner  and 
to  such  relative  or  relatives  of  said  person  residing  in 
the  county  where  such  application  is  made,  as  the  judge 
may  direct,  who  shall  have  opportunity  to  appear  and  be 
heard  at  said  hearing.  Such  hearing  shall  be  conducted 
as  are  civil  cases,  and  on  demand  by  the  petitioner  may 
be  tried  before  a  jury  as  are  civil  cases.  If  on  said  hear- 
ing the  decision  of  the  court  or  the  verdict  of  the  .jury 
is   that  such  person   is  insane,   an  appeal  may   be   taken   to 


the  supreme  court  as  in  civil  cases.  If  the  court  shall 
decide  or  the  jury  shall  render  a  verdict  declaring  said 
person  to  be  sane,  the  court  shall  make  an  order  declaring 
said  person  to  be  sane.  If  three-fourths  of  the  jury  fail  to 
unite  in  a  verdict,  or  the  court  or  jury  shall  decide  that 
such  person  is  insane,  such  proceeding  shall  be  dismissed, 
and  no  new  application  to  have  such  person  declared  sane 
shall  be  made  for  six  months  thereafter. 

Sec.  4.  Before  any  order  is  made  or  any  proceedings 
are  taken  for  a  trial  by  jury,  the  person  demanding  the 
same  shall  make  a  deposit,  or  give  a  bond,  to  be  ap- 
proved by  a  judge  of  the  superior  court  where  proceedings 
are  had,  for  the  payment  of  all  costs  of  such  trial,  unless, 
in  the  opinion  of  said  judge,  the  insane  person  in  whose 
behalf  said  trial  is  demanded  is  a  poor  or  indigent  person. 

Sec.  5.  The  certificate  of  recovery  by  the  medical 
superintendent,  the  order  of  the  judge  or  the  verdict  of  a 
jury  and  the  order  of  the  judge  as  in  this  act  provided, 
shall  have  the  same  legal  effect  as  a  discharge  as  recov- 
ered made  under  the  provisions  of  subdivision  one  of 
section  fourteen,  article  three  of  the  insanity  law  of  eigh- 
teen hundred  and  ninety-seven,  and  shall  be  prima  facie 
evidence  of  the  sanity  of  such  person. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  this 
act   are   hereby   repealed. 

Sec.   7.     This  act  shall  take   effect  immediately. 

ACT  1645. 

An  act  to  provide  for  certain  improvements  and  repairs  at 
the  Agnews  State  Hospital  and  making  an  appropriation 
therefor. 

[Approved  June   14,   1906.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact   as  follows: 

Section  1.  The  sum  of  twenty-five  thousand  ($25,000.00) 
dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  to  be  paid  to  the  order  of  tlu 
board  of  managers  of  the  Agnews  State  Hospital  for  the 
purpose  of  repairing,  erecting  and  equipping  such  build- 
ings as  may  be  deemed  expedient  by  the  board  of  managers 
of  said  hospital  and  the  state  commission  in  lunacy. 

Sec.  2.  No  moneys  herein  appropriated  shall  be  expended, 
except  by  the  authority  and  in  the  manner  provided  for  the 


Acts  1646.  1647  INSANE.  4S»2b 

expenditure  of  moneys  from  the  contingent  fund  of  such 
state  hospital,  as  provided  in  section  2158  of  the  Political 
Code. 

Sec.  3.  The  controller  is  hereby  authorized  to  draw  his 
warrant  in  favor  of  the  board  of  managers  of  said  Agnews 
State  Hospital  for  the  moneys  herein  made  payable  and 
the  treasurer   is   directed   to   pay   the   same. 

Sec.   4.     This   act   shall   take   effect   immediately. 

ACT   1646. 

An  act  to  provide  for  certain  improvements  and  repairs  at 
the  Mendocino  State  Hospital  and  making  an  appro- 
priation  therefor. 

[Approved   June   14,    1906.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do   enact  as  follows: 

Section  1.  The  sum  of  thirty  thousand  ($30,000)  dol- 
lars is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  to  be  paid  to  the  order 
of  the  board  of  managers  of  the  Mendocino  State  Hospital 
for  the  purpose  of  repairing,  erecting  and  equipping  sucri 
buildings  as  may  be  deemed  expedient  by  the  board  of 
managers  of  said  hospital  and  the  state  commission  in 
lunacy. 

Sec.  2.  No  moneys  herein  appropriated  shall  be  ex- 
pended, except  by  the  authority  and  in  the  manner  pro- 
vided for  the  expenditure  of  moneys  from  the  contingent 
fund  of  such  state  hospital,  as  provided  in  section  2153 
of  the  Political  Code. 

Sec.  3.  The  controller  is  hereby  authorized  to  draw  his 
warrant  in  favor  of  the  board  of  managers  of  said  Mendo- 
cino State  Hospital  for  the  moneys  herein  made  payable 
and   the   treasurer   is   directed   to   pay   the   same. 

Sec.   4.     This   act   shall   take   effect   immediately. 

ACT    1647. 

An  act  to  provide  for  certain  improvements  and  repairs  at 

the  Napa  State   Hospital   and   making  an   appropriation 

therefor. 

[Approved  June   14,   1906.] 

The  people  of  the  state  of  California,  represented  in  seriate 
and  assembly  do  enact  us  follows: 
Section   1.     The   sum  of   thirty-five    thousand    ($35,000.00) 
dollars,  or  so  much  thereof  as  may  be  necessary,  is   her  by 


493  INSECTS— INSURANCE.  Acts  1645-1C5J 

appropriated  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  to  be  paid  to  the  order  of  the  board 
of  managers  of  the  Napa  State  Hospital  for  the  purpose  of 
repairing,  erecting  and  equipping  such  buildings  as  may  be 
deemed  expedient  by  the  board  of  managers  of  said  hospital 
and  the  state  commission  in  lunacy. 

Sec.  2.  No  moneys  herein  appropriated  shall  be  ex- 
pended, except  by  the  authority  and  in  the  manner  provided 
for  the  expenditure  of  moneys  from  the  contingent  fund  of 
such  state  hospital,  as  provided  in  section  2158  of  tho; 
Political   Code. 

Sec.  3.  The  controller  is  hereby  authorized  to  draw  his 
warrant  in  favor  of  the  board  of  managers  of  said  Napa 
State  Hospital  for  the  moneys  herein  made  payable  an.] 
the    treasurer   is   directed   to   pay   the   same. 

Sec.   4.     This   act   shall    take   effect   immediately. 


TITLE  225. 

INSECTS. 
See  Horticulture. 

ACT  1649. 

To    prevent    the    spreading    of    fruit    and    fruit-tree    pests. 
[Stats.  1885,  p.  40.] 
Superseded    1899,    91,    chap.    LXXVI. 


TITLE  226. 
INSOLVENCY. 
ACT  1654. 

For  the  relief  of  insolvent  debtors,  for  the  protection  of 
creditors,  and  for  the  punishment  of  fraudulent  debt- 
ors.    [Stats.  1895,  p.  131.] 

Amended    1897,    35.     Superseded   by   the   federal   law    on    the   subject. 
Cal.    Rep.    Clt.    138,    742. 


TITLE  227. 
INSUEANCE. 
ACT  1659. 

To    provide    for    the    formation    of    mutual    insurance    com- 
panies.    [Stats.  1851,  p.  S23.] 
Se«  note  to  act  632,   ante. 


Act*  1660-1666  INSURANCE.  484 

ACT  1660. 

Supplementary  to   the   act  concerning  corporations.      [Stati. 
1865-6,  p.  23.] 

"Repealed,    except    as    to   corporations   existing   prior   to    the    adop- 
tion of  the  codes,    by  sec.   288,    Civil   Code."— Code   Commissioners'    Not*. 
See  note  to  act  632,  ante. 

This    act    enabled    insurance    companies    to    Increase    their    capital 
stock. 

ACT  1661. 

Prescribing    conditions    for    transacting    insurance    business. 

[Stats.   1867-8/ p.  323.] 

Supplemented  1869-70,   321.     Repealed,    except   as  to  pre-existing  cor- 
porations   by    pec.    288.    Civil    Code."— Code   Commissioner's   Note. 
Pee  note  to  act  632,  ante. 

ACT  1662. 

To  provide  for  the  official  valuation  of   life  insurance  poli- 
cies.    [Stats.  1969-70,  p.  859.] 
Amended    1871-2,    97.     Repealed    1877-83. 
ACT  1663. 

Life    insurance,    forfeiture    of    policies    of,    act    regulating. 

[Stats.   1871-2,   p.   59.] 

"Repealed    by    amendment     to    codes,     1877-8,    83." — Code    Commis- 
sioner's  Not". 

ACT  1664. 

Relating  to  life,  health,  accident,  and  annuity  or  endow- 
ment insurance  on  the  assessment  plan,  and  the  con- 
duct of  business  of  such  insurance.  [Stats.  1891,  p. 
126.] 

Codified    by   amendments   of   Civil    Code,    1903.     See    note    to    §    453d, 
Civil   Code. 

Cal.   Rep.   Clt.     106,   101;     106,   103;     121,   321;     123,    110;     129,   633;     13S,    «<»; 
138,    680;     138.    681. 
This  act  appears   in   full   in   Civil  Code,   Appendix,    p.   724. 

ACT  1665. 

Providing     for     incorporation     of     mutual     insurance     com- 
panies.     [Stats.   1865-6,  p.   752.] 
Amended   1867-8,    330,    661]     1SS0,    229,    but   repealed   by   sec.   288,    Civil 
Cede.     See   note   to   act   f>32,    ante. 
Cal.    Rep.    Clt      64,    384;     67,    167;     133,    43;     133,    47;     133,   48;     133,    50. 
This  act   appears  in   full   in   Civil   Code.   Appendix,   p.   731. 

ACT  1666. 

Relating   to   fire   and    marine    insurance   companies.      [Stats. 
1865-0,   p.   743.] 


■Ma  INSURANCE    COMMISSIONERS.  Acts  16C7   1671 

Amended  1867-8,  330.  Repealed  by  sec.  2SS,  Civil  Code.  See  nate 
to  act  632,   ante. 

ACT  1667. 

•  o  provide  for  the  organization  and  management  of  county 
fire    insurance    companies.         [Stats.    1897,   p.    439.] 
This   act   appears   in   full   in   Civil    Code,    Appendix,    p.    732. 

ACT  1668. 

To  require  the  payment  of  certain  premiums  to  counties 
and  cities  and  counties,  by  fire  insurance  companies  not 
organized  under  the  laws  of  the  state  of  California,  but 
doing  business  therein,  and  providing  for  the  disposi- 
tion of  such  income.  [Stats.  1885,  p.  13.] 
Amended    1SS7,    15. 

Unconstitutional.  (San  Francisco  v.  Insurance  Co.,  74  Cal.  113.) 
This  act  provided  for  the  payment  of  a  certain  percentage  of  the  in- 
come of  fire  insurance  companies   into  a  firemen's  relief  fund. 

ACT  1669. 

Relative  to  the  non-insurance  of  property  belonging  to  the 
state  against  risk  of  damage  or  destruction  by  fire. 
[Stats.    1891,    j.    70.] 

ACT  1670. 

Mutual  Life  Insurance  Company  of  New  York  and  Equi- 
table Life  Insurance  Company  of  the  United  States, 
authorized  to  invest  money  in  California.  [Stats. 
1873-4,  p.  777.] 


TITLE  227a. 
INSURANCE  COMMISSIONER. 
ACT  3671. 

An  act  making  an  appropriation  to  pay  any  deficiency 
and  other  necessary  expenses  in  the  appropriation  for 
traveling  and  contingent  expenses  of  the  insurance  com- 
missioner for  the  fifty-seventh  and  fifty-eighth  fiscal 
years. 

[Approved   June   14,   1906.] 

The  people  of   the   State   of   California,   represented   in   sen- 
ate and  assembly,  do  enact  as  follows: 
Section    1.     The    sum    of    three    thousand    ($3,000.00)    dol- 
lars is  hereby   appropriated   out  of   any   money   in   the   statf 
treasury   not   otherwise   appropriated   to   pay   any   deficiency 


Acts  1672,  1G73  INTEREST.  4Mb 

and  other  expenses  in  the  appropriation  for  traveling  and 
contingent  expenses  of  the  insurance  commissioner's  office 
for  the  fifty-seventh   and  fifty-eighth   fiscal  years. 

Sec.  2.  The  controller  is  hereby  directed  to  draw  his 
warrant  for  the  amount  herein  named,  payable  upon  the 
proper  demand,  audited  by  the  state  board  of  examiner*, 
and   the   treasurer  is  directed  to  pay  the  same. 

See.    3.     This    act    shall    take    effect    immediately. 

ACT    1672. 

An  act  to  extend  the  time  for  filing  with  the  insurance  com- 
missioner statements  of  insurance  business  transacted 
daring  the  year  ending  December  31,  1905,  within  the 
time  prescribed  by  law,  and  to  remit  penalties  for 
failing    to    file    the    same. 

[Approved   June   14,   1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Every  corporation  or  person  doing  the  busi- 
ness  of  insurance  in  this  state,  and  organized  under  the 
laws  of  any  country  foreign  to  the  United  States,  must 
fill  with  the  insurance  commissioner  on  or  before  the  31st. 
day  of  July,  1906,  a  statement  which  must  exhibit  th? 
condition  and  affairs  of  such  corporation,  person,  firm  or 
association  on  the  31st  day  of  December  next  preceding. 
Except  as  provided  in  the  preceding  section  of 
this  act,  eacli  such  statcnu  at  shall  conform  to  the  pro- 
visions of  section  610,  611,  612  and  613  of  the  Political 
Code    of    this    state. 

Sec.  3.  On  tin'  filing  with  the  insurance  commissioner  of 
such  statement  on  or  before  said  31st  clay  of  July,  1906, 
the  penalties  prescribed  by  section  617  of  the  Political 
Code  of  the  State  of  California  shall  be  and  the  same  are 
hereby  remitted. 

Sec.  4.     This  act  shall  take  effect  immediately. 


TITLE  228. 
INTEREST. 
ACT  1673. 

An  act  fixing  the  rates  of  interest  and  charges  on  loans 
upon  chattel  mortgages  on  certain  personal  property, 
and  prescribing  penalties  for  the  violation  of  the  act. 
[Approved    March    20,    1905.     Stats.    10or>,   p.   422.] 

Unconstitutional.    In    re    Sohncke,    30    Cal.    Dec.    550. 


495  INTOXICATING    LIQUORS.  Acts  1674-1687 

ACT  1674. 

i'o    regulate    the   interest   of   money.      [Stats.    1850,    p.    92.] 

Amended   1867-8,    553;     1869-70,   669.     Superseded   by   Civil    Code,    sees. 
1917-1920. 
Cal.    Rep.   Cit.    44,   131;     44,   369;     46,   208;     49,   402;     120,   109. 


TITLE    229. 
INTEEPEETEES. 
ACT  1679. 

In    relation     to    interpreters     before     grand     jury.      [Stats. 
1871-2,  p.  540.] 
This  act  can  be  found  In  the  Appendix  to   the   Penal   Code,   p.   619. 

ACT  1680. 

To  authorize  the  appointment  of  an  interpreter  of  the 
Italian  languages  in  cities  of  one  hundred  thousand  in- 
habitants.    [Stats.   1885,  p.  108.] 

Amended    1895,    37. 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  j  92*« 
Penal   Code.^ 

"Superseded  as  to  San  Francisco  by  chap.  I  of  art.  V  of  the 
charter   of    that   city." — Code    Commissioner's   Note. 

This  act   appears   In    full    in    Penal   Code,    Appendix,    p.    618. 


TITLE  230. 

INTOXICATING   LIQUORS. 
ACT  1685. 
To    prohibit   the   collection   of   accounts   for   liq  ors   sold   at 

retail.     [Stats.  1858,  p.  193.] 

Superseded,    although    not   in   terms   repealed,    by    the   act   of   1873-4, 
509,    to  the  same  effect. 

ACT  1686. 

To    prevent    the    sale    of    intoxicating    liquors    to    persons 

addicted   to   the  inordinate  use   thereof.        [Stats.   1889, 

p.    352.] 

This  act  can  be  found  in  the  Appendix  to  the  Penal   Code,   p.   6A. 

ACT  1687. 

Permitting   voters   of   every   township   or   incorporated    city 

to  vote  on  question  of  granting  license  to  sell.     [Stats. 

1873-4,  p.  434.] 

Repealed,    1S75-6,    10. 

Unconstitutional.     (Ex   parte  Wall,   48   Cal.    279.) 


Acts  1G88-1693  INTOXICATING    LIQUORS.  496 

ACT   1688. 

To   prevent   the   sale   of   intoxicating   liquors   to   minor   chil- 
dren.     [Stats.   1891,  p.  91.] 

This  act   appears   in   the  Penal  Cade,   Appendix,   p.    619. 

Probably    superseded   by    Penal    Code,    §    397b,    adopted   1906. 

ACT  1689. 

To    prevent    the    selling,    giving,    or    delivering    intoxicating 
liquors    to    minor    children,    and    to    prevent    minor    chil- 
dren  visiting  saloons  or   public   houses   where   intoxicat- 
ing liquors  arc  sold.     [Stats.   1903,  p.  319.] 
Codified    by   amendment    of   Penal    Code,    1935.     See   note    to    §    397n. 

Penal  Code. 

This   act   appears   in    full   In    Penal    Code,    Appendix,    p.   620. 

ACT  1690. 

To    prevent    the   sale    of   intoxicating   beverages   on    election 
day.     [Stats.  1873-4,  p.  297.1 
Cal.    Rep.    Clt.     92,    198. 

irted    by    amendment    of   Penal    Code.    1906.     See    note    to    {    663b, 
Penal   Code. 

This  act  appears  in  the  Penal  Code,   Appendix,   p.    622. 

ACT  1691. 

To    prohibit    the    sale    of    intoxicating    liquors    in    the    state 
Capitol    building.      |  Stats.    1880,   p.    80.] 

Codified    by    amendment    of    Penal    Code,    1906.     See    note    to    §    172, 
Penal    Code. 

This   act   appears   in   full   in   Par.al   Code,    Appendix,   p.   623. 

ACT  1692. 

To    prevent   the    sale    of    intoxicating   liquors   in    the   imme- 
diate vicinity  of  soldiers'  home.      [Stats.   1895,  p.   161.] 

Codified    by    amendment    of    Penal    Code,    1905.     See    note    to    §    17:;, 
Penal   Code. 

See.   also,    post.    Act   1693. 

This  act  appears  In   full  In  Penal  Code,   Appendix,   p.   822. 

ACT   1693. 

An   act   to   prohibit   the   sale   of  intoxicating  liquors  within 

a    certain    distance    of    the    Veterans'    Home    located    at 

Yountville,  Napa  county. 

[Approved  March  18,  1905.     Stats.   1905,  p.  126.] 

Section  1.     It  shall  not  be  lawful  for  any  person  to  keep 
any  saloon  or   bar,  or  sell  or  offer  for  sale  any  spirituous, 


487  INVENTORY— INYO    COUNTY.  Acts  1694-1702 

vinous  or  malt  liquors,  within  one  mile  and  a  half  of  the 
exterior  limits  of  the  land  on  which  is  located  the  Veterans' 
Home  at  Yountville,  Napa  county,  State  of  California;  and 
any  person  violating  the  provisions  of  this  statute  shall  be 
guilty  of  a  misdemeanor,  and  for  each  offense  shall  be  pun- 
ished by  imprisonment  in  the  county  jail  for  not  exceeding 
six  months,  or  by  fine  not  less  than  $50  nor  more  than  $500; 
and  in  the  case  of  the  non-payment  of  such  fine  such  person 
may  be  imprisoned  in  the  county  jail  at  the  rate  of  one  day 
for  each  two  dollars  of  said  fine  remaining  unpaid. 
Sec.  2.     This  act  shall  take  effect  October  first,   1905. 

ACT  1694. 

An  act  to  prohibit  the  sale  of  intoxicating  liquors  within  a 
certain  distance  of  the  Mendocino  State  Hospital  for 
the  Insane. 

[Approved  February  24,  1905.     Stats.  1905,  p.  20.] 

Section  1.  It  shall  not  be  lawful  for  any  person  to  keep 
any  saloon  or  bar,  or  sell  or  offer  for  sale  any  spirituous, 
vinous  or  malt  liquors,  within  one  mile  of  the  asylum  build- 
ing of  the  Mendocino  State  Hospital  for  the  Insane  near 
Ukiah,  in  the  county  of  Mendocino,  State  of  California;  and 
any  person  violating  the  provisions  of  this  statute  shall  be 
guilty  of  a  misdemeanor,  and  for  each  offense  shall  be  pun- 
ished by  imprisonment  in  the  county  jail  for  not  exceeding 
six  months,  or  by  fine  not  less  than  $50  nor  more  than 
$500;  and  in  case  of  the  non-payment  of  such  fine  such 
person  may  be  imprisoned  in  the  county  jail  at  the  rate 
of  one  day  for  each  two  dollars  of  said  fine  remaining  un- 
paid. 


TITLE  231. 
INVENTORY. 
ACT*  1697. 

To  require  an  inventory  of  state  and  county  property,  and 
directing   that   a   record   of   the   same  be   kept.      [Stats. 
1897,  p.  5.] 
Amended   1901,    93. 


TITLE  232. 
INYO  COUNTY. 
ACT    1702. 

Assessor,  compensation   of.     [Stats.   1875-6,  p.   81.] 

Amended    1S77-8,    256.     Repealed    by    County    Government    Act,    1897, 
568,    sec.    211. 

Gen.  Laws— 32 


AcU  1703-1711  INYO    COUNTY.  4SS 

ACT   1703. 

Government    of,    payment    of    expenses    of.     [Stats.    1873-4, 
p.   374.] 
See   subds.    12   and    18.    sec.    25,    County    Government    Act,    1897,    460. 
463. 

ACT      1704. 

Protecting   growing    crops    in.     [Stats.    1871-2,    p.    668.] 

Probably    rep— 111    by    acta    of    1897,    198,    and    1901.    603.    relating    ta 
es  trays. 

This   act    wag   to   prevent   the   trespassing   of   animals. 

ACT     1705. 

Additional   notaries  public  for.      [Stats.    1873  1,  p.  574.] 
Repealed    by    Political   Code,   sec.    791. 
This   act    provided    for   the   appointment   of   two   additional   notaries. 

ACT    1706. 

Salaries  of   certain   officers  of.     [Stats.    1873-4,  p.   177.] 
Supi>  nd    amended    1873-4.    M<J.     Repealed    by    constitution 

of   1879.    abolishing   office   of   county   Judge,    and    by    County   Government 
Act.    1S97,    568.    sec.    211. 

ACT    1707. 

Public  roads,   improvement   of.      [Stats.    1^7." -6,   p.    121.] 
Repealed    1SS3.    5,    chap.    X,    sec.    2,    and    Political    Code,    sec.    2652, 
as  amended    15<91 . 

ACT   1708. 

To    provide    for   the    distribution    of   school    moneys   in   cer- 
tain   count  its.      1  Stilts.    1877-8,    p.    746.] 

Repealed:    See    Political    Code,    sec.    1858. 

This   act   related    to    Inyo  and   Mono   countiea. 

ACT    1709. 

Teachers    in,    employment    of.     [Stats.    1873-4,   p.    509.] 

Probably    repealed    by    Political    Code,    sec.    16j6,    as   amended    18*1, 
•J.1*. 

ACT    1710. 

Traveling   fees   of   sheriffs  of.     [Stats.    1S73-4,   p.    236.] 

Amended    1877-8,    37.:.     Repealed    by    County    Government    Acts.    1S..7. 
568,    671,    572.    sees.    211,    214.    215. 

ACT    1711. 

Treasurer  of,  salary  of.     [Stat-  p.   157. J 

Repealed   by    County    Government    Acts.    1897,     >■-.    sea    211. 


499  IRRIGATION.  Acts  1716-1719 

TITLE  233. 

IRRIGATION. 
ACT    1716. 

Irrigation,  act  to  promote.     [Stats.  1871-2,  p.  945.] 

"Seems  necessarily  inconsistent  with  the  Wright  Act,  1887,  29 
chap.  XXXIV,  but  that  statute,  in  sec.  46,  declares  that  none  of  its 
provisions  shall  be  construed  as  repealing  or  modifying  the  provisions 
of  any  act  relating  to  irrigation  or  water  commissioners;  also  with 
statute  of  1S97,  254,  which  also  contains  same  reservations  as  to  its 
repealing   effect."— Code    Commissioners'    Note. 

ACT  1717. 

To  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  of 
water  and  other  property,  and  for  the  distribution  of 
water  for  irrigation  purposes.      [Stats.  1887,  p.  29.] 

Amended   1SS9,    15;     1891.    142,    147,    244;     1S93,   175,   516;     1897,  241;  1899, 

S.     Suplemented   1S89,    18,    21,    212;     1893,    276,    520;     1895,    127,    174;  1897,  254. 

S94.     Repealed    1S97,    254. 

Cal.    Rep.    Cit.    76,    367;     79,    353;     87,    142;     88,    337;     88,    350;  88,  351; 

88,    353;     88,   354;     88,    358;     92,    306;     94,   318;     98,    20S;     103,    385;  106,  369; 

106,   371;     108.    192;     10S,    194;     113,    242;   113~    510;     117,    384;     117,  385;  120, 

288;     120,    289;     120,    290;     127,    567;     130,    130;     130,    131;     130,  132;  130, 

133;      130,    134,    135,    390;     140,    345;      140,    346;      140,    541;      140,  542;  140, 

543;      142,    604;     142,    605;      142,    606;     142,    607;     14*,    332;      144,  334;  144 

335;     144,    727;     144,    731;     144,    736;     144,    737. 

AMD'T.    1891. 

Cal.    Rep.    Cit.    106,    365;     106,    369;     113,    510;     113,    517;     113,    521;     in, 
384;     117,   386;     120,    288;     120,    292;     125,    596. 
The    supplemental    act    of    1S89,    p.    212,    is    unconstitutional    in    part. 
(Cullen   v.    Glendora  W.    Co..    113    Cal.    503.) 

ACT    1718. 

To  amend  "An  act  amendatory  of  and  supplemental  to  an 
act  entitled  'An  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for 
the  acquisition  of  water  and  other  property,  and  for 
the  distribution  of  water  thereby  for  irrigation  pur- 
poses,' approved  March  7,  1887,  providing  for  the  ex- 
clusion   of    certain    lands    within    any    such    district." 

[Approved  February  16,   1889.     Stats.  1889,  p.  21.] 
Amended    1833,    29.     Repealed   by   act   of   1S97,    254,    so   far   as    incon- 
sistent  therewith.     See  act  of   1897,    sees.   74-84,   pp.    531-536,    post. 
Cal.   Rep.    Cit.     8S,    355. 

Unconstitutional  in  part.  (Cullen  v.  Glendora  W.  Co.,  113  Cal. 
503.) 

ACT    1719. 

Amendatory  of  and  supplemental  to  "An  act  to  provide 
for  the  organization  and  government  of  irrigation  dis- 


A.ctB  1710-1722  IRRIGATION.  600 

tricts,  and  to  provide  for  the  acquisition  of  water  and 
other  property,  and  for  the  distribution  of  water  there- 
by for  irrigation  purposes,"  approved  March  7,  1887, 
and  providing  for  a  change  of  the  boundaries  of  irri- 
gation districts,  by  including  other  lands  therein. 
[Approved  February  16,  1889.  Stats.  1889,  p.  18.] 
Repealed  by  act  of  1897,  2r,4.  so  far  aa  inconsistent  therewith. 
See   Stats.    1S97,    sees.   85-97,    pp.   537-540,    post. 

ACT     1720. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for 
the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and  other 
property,  and  for  the  distribution  of  water  thereb}'  for 
irrigation  purposes,"  approved  March  7,  1887,  and  to 
provide  for  the  examination,  approval,  and  confirmation 
of  proceedings  for  the  issue  and  sale  of  bonds  issued 
under  the  provisions  of  said  act.  [Approved  March  16, 
1889.     Stats.  1889,  p.  212.] 

Repealed    by    art    of    18:>7,    384,     so    far    aa    Inconsistent    therewith. 
»»e   sees.    6S-73,    act   of   1S97,    dp.    530,    531,    post. 
Cal.    Rep.    Cit.     87,    143;      87.    146;     88,    337;     83,    348;     91,    538;     92.    306, 
92,     330;      lOfi,    36!i;      113,    511;      117,    3S4;      132,    291;      133.    343;      136.    394: 
140.    486;     142,    605;     142,    606. 

ACT    1721. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for 
the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  of  water 
and  other  property,  and  for  the  distribution  of  water 
thereby  for  irrigation  purposes, ' '  approved  March  7, 
A$87,  providing  for  the  abandonment  of  operations  by 
irrigation  districts  and  for  their  disorganization  upon 
the  discharge  of  all  outstanding  obligations,  and  divid- 
ing irrigation  districts  into  classes  for  the  purposes  of 
this  act.  [Approved  March  25,  1893.  Stats.  1«93,  p. 
520.] 
Repealed    by    act    of    1897,    254,    so    far    as    Inconsistent    therewith. 

See   act   of   1903,    3. 

ACT   1722. 

Supplemental  to  an  act  entitled  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and 
to  provide  for  the  acquisition  of  water  and  other  prop- 
erty, and  for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  providing 
for  reducing  the  bonded  indebtedness  thereof.  |  Ap- 
proved March  23,  1893.     Stats.  1»93,  p.  276.] 


*>i  IRRIGATION.  Acta  1723-17^6,  §  1 

Repealed   by   Stats.   1897,   254,   so  far  as  inconsistent   therewith.     See 
act   of  1897,    sees.    98-99&,    p.    541,    post. 

ACT    1723. 

Supplemental  to  an  act  entitled  ' '  An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and 
to  provide  for  the  acquisition  of  water  and  other  prop- 
erty, and  for  the  distribution  of  water  thereby  for  irri- 
gation purposes,"  approved  March  7,  1887,  providing  for 
the  destruction  of  all  or  any  part  of  the  bonds  of  any 
irrigation  district  remaining  unsold  after  the  completion 
of  their  irrigation  system.  [Approved  March  26,  1895. 
Stats.  1895,  p.  127.] 
Repealed    by    act    of    1897,    254,    so    far    as    inconsistent    therewith. 

See   sees.    106-10S   of  act   of  1897,   pp.    543,    544,   post. 

ACT    1724. 

To  create  Modesto  irrigation  district.     [Stats.  1877-8,  p.  820.] 

ACT    1725. 

West     Side    irrigation     district      creating.     [Stats.      1877-8, 

p.  468.] 
ACT    1726. 

An   act   to   provide   for   the   organization   and   government    of 
irrigation  districts,  and  to  provide  for  the  acquisition   or 
construction   thereby   of   works   for   the   irrigation   of   the 
'    lands  embraced  within  such  districts,  and,  also,  to  pro- 
vide for  the  distribution  of  water  for  irrigation  purposes. 

[Approved   March  31,   1897.     Stats.   1897,  p.  254.] 
Amended  1901,   815;     1905,    27. 
Cal.    Rep.    Cit.    124,    2. 

The  people  of  the  state  of   California,   represented   in   senate 
and  assembly,  do  enact  as  follows: 

ORGANIZATION. 

Section  1.  A  majority  in  number  of  the  holders  of  title, 
or  evidence  of  title,  to  lands  susceptible  of  irrigation  from 
a  common  source  and  by  the  same  system  of  works,  such 
holders  of  title,  or  evidence  of  title,  representing  a  majority 
in  value  of  said  lands,  according  to  the  equalized  county  as- 
sessment roll  or  rolls  for  the  year  last  preceding,  may  pro- 
pose the  organization  of  an  irrigation  district,  under  the 
provisions  of  this  act.  Said  equalized  assessment  roll  or 
rolls  shall  be  sufficient  evidence  of  title  for  the  purposes 
of  this  act. 


Act  17:6,  J  2  IRRIGATION.  i*K 

Sec.  2.  In  order  to  propose  the  organization  of  an  irriga- 
tion district,  a  petition  shall  be  presented  to  the  board  of 
supervisors  of  the  county  in  which  the  lands  within  the  pro- 
posed district,  or  the  greater  portion  thereof,  are  situated, 
signed  by  the  required  number  of  holders  of  title,  or  evidence 
of  title,  to  lands  within  such  proposed  district,  and  represent- 
ing the  requisite  majority  in  value  of  said  lands,  which  peti- 
tion shall  set  forth  the  boundaries  of  the  proposed  district, 
and  shall  state,  generally,  the  source  from  which  said  lands 
are  proposed  to  be  irrigated,  and  the  character  of  the  works 
proposed  to  be  required  or  constructed  for  irrigation  pur- 
poses, and  shall  pray  that  the  territory  embraced  within  the 
boundaries  of  the  proposed  district  may  be  organized  as  an 
irrigation  district  under  the  provisions  of  this  act.  The  peti- 
tion must  be  accompanied  with  a  good  and  sufficient  under- 
taking, to  be  approved  by  said  board  of  supervisors,  in  double 
the  amount  of  the  probable  cost  of  organizing  such  district, 
conditioned  that  the  sureties  shall  pay  all  of  said  costs,  in 
case  said  organization  shall 'not  be  affected.  Said  petition 
shall  be  presented  at  a  regular  meeting  of  said  board,  and 
shall  be  published  for  at  least  two  weeks  before  the  time  ut 
which  the  same  is  to  be  presented,  in  some  newspaper  of  j,r"!i- 
eral  circulation  printed  and  published  in  the_  county  where 
said  petition  is  presented,  together  with  a  notice  stating  the 
time  of  the  meeting  at  which  the  same  will  be  presented;  an  I 
if  any  portion  of  the  lands  within  said  proposed  district  lie 
within  another  county  or  counties,  then  said  petition  and 
notice  shall  be  published,  as  above  provided,  in  a  u 
paper  published  in  each  of  said  counties.  When  such  peti- 
tion is  presented,  said  board  of  supervisors  shall  hear  the 
same,  and  may  adjourn  such  hearing  from  time  to  time,  not 
exceeding  four  weeks  in  all.  And  on  the  final  hearing  sa  d 
board  shall  make  such  changes  in  the  proposed  boundaries  as 
may  be  deemed  advisable,  and  shall  define  and  establish  such 
boundaries.  But  said  board  shall  not  modify  said  boundaries 
so  as  to  exclude  from  such  proposed  district  any  territory 
which  is  susceptible  of  irrigation  from  a  common  source  and 
by  the  same  system  of  works  applicable  to  the  other  Ian. 
such  proposed  district;  nor  shall  any  lands  which  will  not,  in 
the  judgment  of  said  board,  be  benefited  by  irrigator,  by 
means  of  said  system  of  works,  be  included  within  such  pro- 
posed district.  Any  person  whose  lands  are  susceptible  of 
irrigation  from  the  same  source  and  syst(  m  of  works,  may, 
upon  his  application,  in  the  discretion  of  said  board,  have 
such   lands  included   within   said   proposed   disl 

Sec.   3.     Upon   such   hearing  of  said   petition,   the   board   of 


503  IRRIGATION.  Act  1726,  §§  4-5 

rupervisors  shall  determine  whether  or  not  said  petition  com- 
plies with  the  requirements  of  sections  one  and  two  of  this 
act,  and  for  that  purpose  must  hear  all  competent  and  rele- 
vant testimony  offered  in  support  or  in  opposition  thereto. 
Such  determination  shall  be  entered  upon  the  minutes  of  said 
board  of  supervisors. 

Sec.  4.  The  right  of  appeal  from  said  order  to  the 
Buperior  court  of  the  county  where  said  petition  is  heard 
is  hereby  given  to  any  person  interested  who  is  a  party  to 
the  record;  provided,  that  if  more  than  one  appeal  be  taken 
they  shall  be  consolidated  and  tried  together.  Such  appeal 
shall  be  taken  within  ten  days  after  the  entry  of  such  order 
upon  the  minutes  of  the  board  of  supervisors.  The  appeal 
shall  be  taken  and  heard  in  the  same  manner  as  appeals  from 
justices'  courts  to  the  superior  court,  except  as  herein  other- 
wise provided.  Upon  the  appeal,  the  superior  court  may  make 
and  enter  its  judgment  affirming,  modifying,  or  reversing  the 
order  appealed  from.  Within  ten  days  thereafter  the  superior 
court  must  cause  its  remittitur  to  issue  to  said  board  of  super- 
visors, and  if  said  order  of  the  board  of  supervisors  is  modi- 
fied or  reversed,  the  judgment  of  the  superior  court  and  its 
remittitur  shall  direct  the  board  of  supervisors  what  order  it 
shall  enter.  Such  remittitur  shall  be  filed  by  the  clerk  of 
the  board  of  supervisors,  and  at  the  first  regular  meeting  of 
the  board  thereafter,  it  shall  cause  to  be  entered  in  its  min- 
utes the  order  as  directed  by  said  superior  "court.  The  ap- 
peal herein  provided  for  shall  be  heard  and  determined  within 
thirty  days  from  the  time  of  filing  the  notice  of  appeal. 

Sec.  5.  If,  on  said  final  hearing,  the  boundaries  of  the 
proposed  district  are  defined  and  established,  said  board 
shall  make  an  order  dividing  said  district  into  five  divisions, 
as  nearly  equal  in  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third,  fourth  and  fifth,  and  one  di- 
rector shall  be  elected  for  each  division  by  the  electors  thereof ; 
provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  in  said  district, 
and  that  only  three  directors  be  elected,  or  that  they  be 
elected  for  the  district  at  large. 
42. 

ELECTION    ON    ORGANIZATION. 

Sec.  6.  Said  board  of  supervisors  shall  then  give  notice 
of  an  election  to  be  held  in  such  proposed  district,  for  the 
purpose  of  determining  whether  or  not  the  same  shall  be 
organized  under  the  provisions  of  this  act.  Such  notice 
shall  describe  the  boundaries  so  established,  and  shall  desig- 


At  1726.  S(  7-10  IKIUOATIOM.  601 

for  the  proposed  district,  and  said  noties 
shall  be  published  for  at  least  throe  works  previous  to 
■Mil  iii    a     newspaper    published    within    the    county 

in    which    Hip    petition    for    the    ftrgnni— Ttftn    of    the    propose  1 

district  whs  presented;  ami  if  my  portion  of  such  pro- 
posed    district     is    within    an  aty     or     counties.      th-"i 

such  Dotiee  shall  be  published  for  the  same  length  of  time 
in    a  ef    published    In    each    of   is  Such 

notice  BhaQ  require  the  electors  to  oast  ballots,  which 
shall  contain  the  words  "Irrigation  District  Sfes,"  or 
"Irrigation      Districl     No,"    nr    words    e  I     thereto, 

and  also  the  Dames  <>f  persons  to  be  voted  for  at  sai't 
For  the  purposes  of  said  election  the  board  of 
supervisors  must  establish  a  convenient  Dumber  of  elec- 
tion precincts  in  sm i .  1  proposed  district,  and  define  the 
boundaries  of  the  same.  Such  election  shall  be  condu 
nearly    as    practicable    in    accordance    with    the    general 

tion    laws    of    the    State,    but    no    particular    form    of 

lut  shall  be  required, 

7.     At  such  election  tlure  shall  ho  oi.eted  a  board 

Of    directors,    and    an    SSOCOSer,    fax    collector,    and    treasurer; 

provided,    that    wl  insoNdatien    sf   officers    .as    here- 

inafter provided  fof  is  deem*  d  advisable  in  tho  organiza- 
tion of  a  district,  the  petitioners  may  request  in  their 
petition  fof  organization  such  consolidation,  and  Bhe  b 
of  supervisors  calling  the  election  siiall  in  its  irder  there- 
tor  announce  such  consolidation,  and  then  only  one  person 
shall  be  elected  to  fill  the  several  offij  Mridated. 

Sec.  B.     X"  person  Bhall  bo  entitled  to  vots  at  any  slee- 

tion  hold  under  tie  provisions  of  tliis  act  unless  he  pos- 
sesses all  the  qualifications  required  of  (lectors  under  the 
general  election  laws  of  tho  state. 

0.     The    board    of    Bup<  rvisors     shall     meet     on     the 
>>d    Honda  eding    such    election,    and     shall     pro- 

ceed to   canvt  »tes   east   thereat,  and   if  upon   such 

canvass  it  appears  the  at  hast  two  thirds  of  all  the  votes 
cast  are  "Irrigation  District — STes,"  said  board  shall,  by 
an    order    entered    on    its    niinutes.    declare    the    territory    duly 

organized  as  an  irrigation  district,  under  the  name  th<  r 
Tore   designated,   and    shall    declare    the     persons   receiving 
respectively   the  highest   number  of  votes  at   said    election 
to  be  duly  elected. 

Sec.    10.     Said    board   shall     then     eauso     a    copy     of    such 
order,    duly     certified,     to     be     initio  diately     filed    for     record 


BW  IRRIGATION.  Act  1726,  §§  11-13 

in  the  office  of  the  county  recorder  of  any  county  in  which 
any  portion  of  the  lands  embraced  in  such  district  are 
situated,  and  must  also  immediately  forward  a  copy  there- 
of to  the  clerk  of  the  board  of  supervisors  of  each  of  said 
last-mentioned  counties,  and  no  board  of  supervisors  of 
any  county  in  whieh  any  portion  of  the  lands  embraced  in 
such  district  are  situated  shrill,  after  the  date  of  the  organ- 
ization thereof,  allow  another  district  to  be  formed  in- 
cluding any  portion  of  said  lands,  without  the  consent  of 
the  board  of  directors  of  the  district  in  which  they  are 
situated.  From  and  after  such  filing,  the  organization  of 
such  district  shall  be  complete. 

Sec.  11.  Such  election,  on  organization,  may  be  con- 
tested by  any  person  owning  property  within  the  proposed 
district  liable  to  assessment.  The  directors  elected  at 
such  election  shall  be  made  parties  defendant.  Such  con- 
test shall  be  brought  in  the  superior  court  of  the  county 
where  the  petition  for  organization  is  filed;  provided,  that 
if  more  than  one  contest  be  pending  they  shall  be  con- 
solidated and  tried  together.  The  court  having  jurisdic- 
tion 8ha*ll  speedily  try  such  contest,  and  determine,  upon 
the  hearing,  whether  the  election  was  fairly  conducted 
and  in  substantial  compliance  with  the  requirements  of 
this  act,  and  enter  its  judgment  accordingly.  Such  contest 
must  be  brought  within  twenty  days  after  the  canvass 
of  the  vote  and  declaration  of  the  result  by  the  board  of 
supervisors.  The  right  of  appeal  is  hereby  given  to  either 
party  to  the  record  within  thirty  days  from  entry  of  judg- 
ment. The  appeal  must  be  heard  and  determined  by  tne 
supreme  court  within  sixty  days  from  the  time  of  filing  tne 
notice   of   appeal. 

Sec.  12.  The  officers  elected  at  the  election  hereinbefore 
provided  for  shall  immediately  enter  upon  their  duties  as 
such,  upon  qualifying  in  the  manner  for  such  officers 
herein  provided.  Said  officers  shall  hold  office  respectively 
until  their  successors  are  elected  and  qualified. 

DUTIES  AND  POWERS  OF  BOAEDS  OF  DIRECTORS. 

Sec.  13.  The  directors  of  any  district  created  after  the 
passage  of  this  act,  on  the  firs*;  Tuesday  after  their  elec: 
tion,  after  they  shall  have  qualified,  shall  meet  and  classify 
themselves  by  lot  into  two  classes,  as  nearly  equal  in 
number   as   possible,   and    the    term,    of    office    of   the   class 


A.)  1720,    5$  14,  15  IRRIGATION.  «* 

having  the  greater  number  shall  expire  at  the  next  general 
February   election   in   this  act  provided    for:   and   the   term 
of  office  of  the   class  having  the   lesser  number  shall  termi- 
nate  at    the  aeral    February    election    thereafter, 
r    such    classification,    sai'l    directors    shall    organize    as 
a    board,    shall    elect    a    president    from    their    number,    and 
appoint   a   secretary,  who  shall  each   hold  office  during  the 
pleasure  of  the  board.     The  salary  of  the  secretary  and   the 
nnt    of    the    bond    to   be    given    by    him    for    the    faithful 
ormance  of  his  duties  shall   be   axed  by  the  board  of 
■ors. 

Si  c.  1  }.  The  board  of  directors  shall  hold  a  regular 
monthly  meeting,  in  their  office,  on  the  first  Tuesday  in 
every  month,  and  such  special  meetings  as  may  be  required 
for  the  proper  transaction  of  bnainees;  provide.],  that  all 
special  meetings  must  he  ordered  by  a  majority  of  the 
board.     Tin     order    must    b        atered    of    record,  and   five 

thereof  must,  by  the  secretary,  be  given  to 
each    membi  r    not    joining    in    the    order.     The    order    must 

ify  the  business  to  bo  transacted,  and  none  other 
than  that  Bpeoifled  must  be  transacted  at  such'  special 
meeting.  All  meetings  of  the  board  must  be  public,  and 
three  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business;  provided,  however,  that  when  the  board 
>f  three  members  only,  then  in  such  case  two 
shall  constitute  a  quorum  for  the  transaction  of  business, 
but  on  all  question  requiring  a  vote  there  shall  be  a  con- 
currence of  at  least  the  number  constituting  a  quorum. 
All  records  of  the  board  shall  be  open  to  public  Inspection 
during  business  hours.  The  board  of  directors  shall,  on 
the  first  Tuesday  in  January  of  each  and  every  vear  render, 
and  immediately  thereafter  cause  to  be  published,  a  veri- 
fied statement     of    the    financial    condition    of    the    district, 

ring  particularly  the  receipts  and  disbursements  of 
the  last  preceding  year,  together  with  the  source  of  such 
receipts  and  purpose  of  such  disbursements.  Said  publi- 
cation shall  be  made  at  least  once  a  week  for  two  weeks, 
in  some  paper  published  in  the  county  where  the  office 
of  the  board  of  directors  of  such   district  is  situated. 

15.  The  board  shall  have  the  power,  and  it  shall 
be  tiw  ir  duty,  to  manage  and  conduct  the  business  and 
affairs  of  the  district;  make  and  execute  all  necessary 
contracts;  employ  and  appoint  such  agents,  officers,  and 
employees  as   may   be   required,   and    prescribe   their   duties. 


607  IRRIGATION.  Act  1726,  §   15 

The    board    and    its    agents    and    employees    shall    have    the 
right   to    enter   upon   any   land    to    make   surveys,   and    may 
locate  the  necessary  irrigation   works   and  the   line   for   any 
canal   or   canals,   and   the   necessary  branches  for  the   same, 
on     any     lands    which     may   be     deemed    best    for    such    lo- 
cation.    Said    board    shall    also    have    the    right    to    acquire, 
cither  by  purchase   or   condemnation,   or   other   legal   means, 
all  lands,  and  waters,  and  water  rights,  and  other  property 
necessary   for    the    constructions,    use,    supply,    maintenance, 
repair,    and    improvements    of    said    canal    or    canals,    and 
works,    including  canals    and    works    constructed     and    being 
constructed  by  private  owners,  lanrls  for  reserviors  for  the 
"storage  of  needful  waters,  and  all   necessary  appurtenances. 
But  no  purchase   of  any  waters,  or  water  rights,  or   canals, 
or    reservoirs,    or     reservoir    sites,    or    irrigation    works,    or 
other   real   property   of   any   nature    or   kind,    for   any   price 
in  excess  of  ten  thousand   dollars  shall  be   final  or  binding 
on  the  district,  nor  shall  the  purchase  price  thereof  be  paid 
until   a   petition   of   a   majority   of   the    holders   of   title,    or 
evidence   of  title,   to  lands   within   the   district,  such   holders 
of    title,   or    evidence    of    title,    representing    a    majority    in 
value   of   said  land,   according   to   the   last   equalized   assess- 
ment-roll   of    the    district,    shall    have    been    filed    with     the 
board   and  an  order  of  the   board  made   thereon   confirming 
such   purchase.     Said   board    may   also    construct   the    neces- 
sary dams,  reservoirs,  and  works  for  the  collection  of  water 
for   said   district,   and   do    any   and   every  lawful   act   neces- 
sary to  be   done,  that  sufficient  water  may  be  furnished   to 
each    land    owner   in    said    district    for    irrigation    purposes. 
The    said    board    is    hereby    authorized    and    empowered    to 
take     conveyances    or     other     assurances     for    all     property 
acquired    by    it    under    the    provisions    of    this    act,    in    the 
name   of  such   irrigation   district,   to    and   for   the   uses   and 
purposes    herein    expressed,    and    to    institute    and    maintain 
any    ard    all    actions    and    proceedings,    suits    at    law    or    in 
equity  necessary  or  proper   in  order  to  fully   carry  out   the 
provisions  of  this   act,   or   to   enforce,   maintain,   protect,   or 
preserve  any  and  all  rights,  privileges,  and  immunities  cre- 
ated by  this  act,  or  acquired  in  pursuance  thereof.     And  in 
all  courts,  actions,  suits,  or  proceedings,  the  said  board  may 
sue,   appear,  and  defend  in  person   or  by   attorneys,  and   in 
the  name   of  such   iirigation  district.     It  shall  be   the   duty 
of    said    board    to    establish    equitable    by-laws,    rules,    and 
regulations    for    the    distribution    and    use    of   water    among 
the   owners   of   said   lands,   which   must   be   printed    in   con- 


Act  1726.  §j   '  IRRIGATION  60s 

veni.nt  form  for  distribution  in  the  district.  Said  board 
shall  lin\  rally   tu  perform   all  such  acts  as  shall 

lie  Deeeecary  to  fully  carry  out  tne  purposes  of  tliis  art. 

L5H.    The   board   of  Aireetera,   when   they   deem  it 
advisable   t'.>r  tin    beet    int.  r.  iti   <<f  the    dJstriet,  and    the 

thereof,     may     at     any     time, 

but    not   leal  than   sixty  da  in   eleetioa   to  bo  held 

in    tli«'    distrirt.    change    tlir    l.onndariis   of    the    dlTiafOBI    an  1 

eleatioa    preeraets   "f   the   district;    provided,  such   damages 

shall  in    niadi-  tu  keep  each  divi-  arry  equal  in  area 

an.i    population    ns    may    1..     practicable.     Boob    change    of 

b.Hin.lari.  x   of    the   divisimis    must    b.     ilmwn    on    the    minutes 

nf  the  beard     The  board  of  dir  »ny  Irrigation  dis- 

triet    now   Of   that    may    lor-  after   be   organised    in    this   state, 

■hall  also  have  the  power,  ami  such  board  le  hereby  r< 

with  authority  be  lease  the  SVSfc  m  ei  caaalfl  and  works 
in     the     distriet.    «!:.nvir     such     leal  !>.'     fur     the 

tit   uf   the   cbetriet]    provided,   that    when   the   directors 

of   nny    irrigation    district    eont<  the    leasing  of   the 

,ls"  or    v  such  diab  -hall    gfcvs    notice 

■•  mplatii.n     by     publishing     the    same    in     - 
Mwapapei  ed    in    the   eoanfcy   in   which   Bnch    irriga- 

tion   district    lits.    at    bast    thr.  .     w.  ks    prior    to    the    making 

and  mob   leaae  shall  be   made   bo  the  hlghed 
bidder.     Bui    toek    board    shall    have    the    rlgM    to    reject 

any  and  all  bids.  Baeh  has.-  shall  in  no  way  interfere 
with  anv  rights  that  may  have  been  established  by  law 
at  the  time  such  has.-  is  made;  and  further  provided, 
that    the    board    Of    dir.  'I    require    a    goad    and    snfli- 

ciriit    bond    tu    Secure    the    faithful    performance   of    I 

\lV  i   section    approved   March    21,    1901. 

stats.   ifOi,  p.  115.     In  effort  Immediately.] 

ir>.      In    case    of   condemnation    proceedings    the    board 
Bhall     pr ted,     in    the     name    uf    the   district,    under   tin-    pro 

.   part   three,  of    the    code    of  <  ivil 

.ore. 

watki;   i;i:<;ri..\Ti<»\s. 

Sec.  IT-  The  use  of  all  war,  r  required  fur  the  irriga- 
tion of  the  lands  of  any  district  formed  under  the  pruvi- 
tiontiun  of  the  lands  of  any  .lisiriet    formed  under  the   pmvi- 

piona  of  this  act,  or  the  acl  of  which  this  is  suppl" 

or  amendatory,  together  with  the  rights  of  way  fur  canals 
and    .lit  re,    and    all    other    prop  rtj 

required   in    fully   carrying   out    the    provisions   of   this   act, 


609  mftlGATlON.  Act  1726,  $g  IS,  U 

is  hereby  declared  to  be  a  public  use,  subject  to  the  regula- 
tion and  control  of  the  state,  in  the  manner  prescribed  by 
law. 

Sec.  18.  It  is  hereby  expressly  provided  that  all  waters 
distributed  for  irrigation  purposes  shall  be  apportioned 
ratably  to  each  land  owner  upon  the  basis  of  the  ratio 
which  the  last  assessment  of  such  owner  for  district  pur- 
poses within  said  district  bears  to  the  whole  sum  assessed 
upon  the  district;  provided,  that  any  land  owner  may  as- 
sign the  right  to  the  whole  or  any  portion  of  the  waters 
so  apportioned  to  him. 

GENERAL   ELECTIONS. 

Sec.  19.  An  election  shall  be  held  in  each  irrigation 
district  on  the  first  Wednesday  in  February,  eighteen  hun- 
dred and  ninety-nine,  and  on  the  first  Wednesday  in  Feb- 
ruary in  each  second  year  thereafter,  at  which  an  assessor, 
a  collector,  and  a  treasurer,  and  directors  for  the  district 
shall  be  elected.  The  person  receiving  the  highest  number 
of  votes  for  any  office  to  be  filled  at  such  election  shall 
be  elected  thereto.  The  assessor,  collector,  and  treasurer 
shall  each  hold  office  from  the  first  Tuesday  in  March 
next  after,  for  two  years,  and  until  his  successor  is  elected 
and  qualified.  Within  ten  days  after  receiving  their  certifi- 
cates of  election,  hereinafter  provided  for,  said  officers 
Bhall  take  and  subscribe  the  official  oath,  and  file  the 
same  in  the  o-ffice  of  the  board  of  directors,  and  execute  the 
bond  hereinafter  provided  for.  The  assessor  shall  execute 
an  official  bond  in  the  sum  of  five  thousand  dollars,  and 
the  collector  an  official  bond  in  the  sum  of  twenty  thou- 
sand dollars,  and  the  district  treasurer  an  official  bond  in 
the  sum  of  fifty  thousand  dollars;  each  of.  said  bonds  to  be 
approved  by  the  board  of  directors;  provided,  that  the 
board  of  directors  may,  if  it  shall  be  deemed  advisable, 
fix  the  bonds  of  the  treasurer  and  collector,  respectively, 
to  suit  the  conditions  of  the  district,  the  maximum  amount 
of  the  treasurer's  bond  not  to  exceed  fifty  thousand  dol- 
lars, and  the  minimum  amount  thereof  not  to  be  less  than 
ten  thousand  dollars;  and  the  maximum  amount  of  the 
collector's  bond  not  to  exceed  twenty  thousand  dollars, 
and  the  minimum  amount  thereof  not  to  be  less  than  five 
thousand  dollars.  Each  member  of  said  board  of  directors 
shall  execute  an  official  bond  in  the  sum  of  five  thousand 
dollars,  which  said  bonds  shall  be  approved  by  the  judge 
of  the  superior  court  of  said  county  where  such  organization 
was   effected,   and   shall   be   recorded   in   the    office     of    the 


Act  1726,   §5  20-22  IRRIGATION.  510 

county    record)  r    tin  reof,    and    filed    with    the    secretary  of 

said   board.     All  official  bonds  in  rein   provided  for  shall  bo 

in    the    form    prescribed    by    law    for    the    official    bonds  of 
county  officers. 

Sec,  20.  On  the  first  Tuesday  in  March  next  following 
their  election,  the  directors  who  shall  have  been  elected  at 
the  genera]  February  election,  shall  meet  and  organise  as  a 
board,  elect  a  president  and  appoint  a  secretary,  who  shall 
each  hold  office  during  the  pleasure  of  the  board.  And 
the  directors'  of  districts  now  organized)  who  shall  have 
been  elected  at  the  general  February  election  of  eighteen 
hundred  and  oinety  nine,  Bhall,  on  the  first  Tuesday  in 
March  next  thereafter,  when  they  meet  to  organise,  first 
classify  themselves  by  lot  into  two  classes  as  nearly  equal 
in  number  as  possible.  And  tin  term  of  office  of  the  class 
having  the  greater  number  shall  he  two  years;  and  the 
t< mi  of  office  of  the  lesser  number  shall  be  four  years. 
The  full   term  of  office  tors  is  hereby  fixed  at  four 

years. 

Sec.  21.  Fifteen  days  1"  fore  any  election  held  under  this 
act,  Bubsequi  at  to  the  organization  of  any  district,  the 
secretary  of  the  board  of  directors  shall  cause  notices  to 
be  posted  in  three  public  places  in  each  election  precinct. 
of  the  time  and  place  of  holding  the  election,  and  shall  also 
posi  a  general  notice  of  the  same  in  the  office  of  said 
board,  which  shall  be  established  and  kept  al  some  fixed 
place,  to  be  determined  by  said  board,  specifying  the  poll- 
ing-places of  each  precinct.  Prior  to  the  time  for  posting 
the  notices,  the  board  must  appoint  for  each  precinct,  from 
the  electors  thereof,  one  inspector  and  two  judges,  who 
shall  constitute  a  board  of  election  for  such  pn  cinct.  If 
the  board  fail  to  appoint  a  board  of  election,  or  the  mem 
bers  appointed  do  not  attend  at  the  opening  of  the  polls 
on  the  morning  of  election,  t ho  electors  oj  tin  precinct 
present  at  that  hour  may  appoint  the  board,  or  supply  the 
place  of  an  absent  member  thereof.  The  board  o£  directors 
must,  in  its  order  appointing  the  board  of  election,  desig 
Date  the  house  or  place  within  the  precinct  where  the  elec- 
tion must  be  held. 

Sec.  22.  The  inspector  is  chairman  of  the  election  board, 
and  may  administer  all  oaths  required  in  the  progress  of 
an  (diction;  and  appoint  judges  and  clerks,  if,  during  the 
progress  of  the  election,  any  judge  or  dirk  cease  to  act. 
Any  member  of  the  board  of  election,  or  any  clerk  thereof, 
may    administer    and    certify    oaths    required    to    be    admin/ 


511  IRRIGATION.  Act  1726,  §§  23,  21 

istered  during  the  progress  of  an  election.  The  "board  of 
election  for  each  precinct  must,  before  opening  the  polls, 
appoint  two  persons  to  act  as  clerks  of  the  election.  Before 
opening  the  polls,  each  member  of  the  board  and  each 
clerk  must  take  and  subscribe  an  oath  to  faithfully  per- 
form the  duties  imposed  upon  them  by  law.  Any  elector 
of  the  precinct  may  administer  and  certify  such  oath. 
The  polls  must  be  opened  one  hour  after  sunrise  on  the 
morning  of  the  election,  and  be  kept  open  until  sunset, 
when  the  same  must  be  closed.  The  provisions  of  the 
general  election  laws  concerning  the  form  sf  ballots  to  be 
ased  shall  not  apply  to  elections  held  under  this  act. 

Sec.  23.  Voting  may  commence  as  soon  as  the  polls  are 
opened,  and  may  be  continued  during  all  the  time  the  polls 
remain  opened,  and  shall  be  conducted,  as  nearly  as  prac- 
ticable, in  accordance  with  the  provisions  of  the  general 
election  laws  of  this  state.  As  soon  as  all  the  votes  are 
counted,  a  certificate  shall  be  drawn  up  on  each  of  the 
papers  containing  the  poll  list  and  tallies,  or  attached 
thereto,  stating  the  number  of  votes  each  one  voted  for  has 
received,  and  designating  the  office  to  fill  which  he  was 
voted  for,  which  number  shall  be  written  in  figures  and  in 
words  at  full  length.  Each  certificate  shall  be  signed  by 
the  clerk,  judge,  and  the  inspector.  One  of  said  certificates, 
with  the  poll  list  and  the  tally  paper  to  which  it  is  at- 
tached, shall  be  retained  by  the  inspector,  and  preserved 
by  him  at  least  six  months.  The  ballots  shall  be  strung 
upon  a  cord  or  thread  by  the  inspector,  during  the  counting 
thereof,  in  the  order  in  which  they  are  entered  upon  the 
tally  list  by  the  clerks;  and  said  ballots  together  with 
the  other  of  said  certificates,  with  the  poll  list 
and  tally  paper  to  which  it  is  attached,  shall  be 
sealed  by  the  inspector  in  the  presence  of  the  judges  and 
clerks,  and  indorsed  "Election  returns  of  (naming  the 
precinct)  precinct,"  and  be  directed  to  the  secretary  of 
the  board  of  directors,  and  shall  be  immediately  delivered 
by  the  inspector,  or  by  some  other  safe  and  responsible 
carrier  designated  by  said  inspector,  to  said  secretary,  and 
the  ballots  shall  be  kept  unopened  for  at  least  six  months; 
and  if  any  person  be  of  the  opinion  that  the  vote  of  any 
precinct  has  not  been  correctly  counted,  he  may  appear 
on  the  day  appointed  for  the  board  of  directors  to  open  and 
canvass  the  returns,  and  demand  a  recount  of  the  vote 
of  the  precinct  that  is  so  claimed  to  have  been  incorrectly 
counted. 

Bee.  24.  No  list,  tally  paper,  or  certificate  returned  from 
any    election,    shall    be    set    aside    or    rejected    for    want    of 


16,  $  25  IRRIGATION.  HJ 

form,  if  it  can  be  satisfactorily  understood.  The  board 
Of  directors  must  meet  at  its  usual  j>l;u-<  of  meeting  on  the 
first  Monday  after  each  election  to  canvass  the  returns. 
If.  at  the  time  of  meeting,  the  returns  from  each  precinct 
in  the  district  in  which  tlie  y.olls  wire  opened  have  been 
received,  the  board  of  directors  must  then  and  there  pro- 
ceed   to    canvass    tin      returns;    hut     if    all    the    returns    hav< 

not    been    received,    the    canvass    must    lie    postponed    from 

day  to  day  until  all  (he  returns  have  been  received,  or 
until  six  postponements  have  Keen  had.  The  canvass  must 
he  made  in  public  and  by  opening  the  returns  and  estimat- 
ing the  vote  of  the  district  for  each  person  voted  for,  and 
declaring  the  result   thereof. 

Sec.    25,     The    secretary    of    the    board    of    directors    must, 
as    soon    as    the    result    is    declared,    inter    in    the    r<  cords    of 

such    board    ;i    statement    of   such    result,    which    statement 

must  show:  (a)  The  whole  number  of  votes  cast  in  the 
district,  and  in  eaob  division  of  the  district;  (b)  the  names 
of  the  persons  voted  for;  (c)  the  ftffice  to  fill  which  > 
p.  MOO  was  Voted  for;  (d)  the  number  of  votes  ^iven  in 
each  precinct  to  each  of  such  persons;  (e)  the  number  of 
votes  >jiven  in  each  division  for  the  office  of  director,  and 
the    number    of    votes    given    in    the    district    for    the    offices 

of  assessor,  collector,  ..ml  treasurer.  The  board  of  di- 
rectors must  declare  elected  the  persons  having  the  higl 
number  oi'  votes  given  for  each  office.  The  secretary  must 
immediately  make  out  and  <b  liver  to  such  person  a  cer- 
tificate  of  election,  signed  by  him,  and  authenticated  with 
the  seal  of  the  board. 

In  case  of  a  vacancy  in  the  office  of  assessor,  coif  dor. 
or  treasurer,  the  vacancy  shall  be  filled  by  appointment 
of  tin-  board  of  directors;  provided,  that  if  said  board  of 
directors  shall  neglect  or  refuse  to  make  such  appoint 
uient  within  a  period  of  forty  days,  then  the  board  of  super- 
visors of  the  county  wherein  the  office  of  said  board  of  di- 
rectors is  situated  shall  make  such  appointment.  In 
of  a  vacancy  in  the  office  of  director,  the  vacancy  shall  be 
filled  by  appointment  by  the  board  of  supervisors  of  tie' 
counlv 'where  the  office  of  such  board  of  directors  is  sit- 
uated, from  the  division  in  which  the  vacancy  occurred. 
An  officer  appointed  as  above  provided  shall  hold  his  office 
until  the  next  regular  election  for  said  district,  and  until 
his   successor   is  elected  aud   qualified. 


613  IRRIGATION.  •  Act  1726,  J  §  2b -JO 

Sec.  26.  A  director  shall  be  a  resident  and  freeholder 
of  the  irrigation  district,  but  not  necessarily  of  the  divis- 
ion for  which  he  is  elected. 

Sec.  27.  The  board  of  directors  may,  in  its  discretion, 
consolidate  any  two  or  more  of  the  offices  of  assessor, 
collector,  and  treasurer.  The  order  of  consolidation  must 
be  made  at  least  thirty  days  prior  to  general  election  of 
the  district,  and  shall  take  effect  at  the  next  succeeding 
election;  provided,  that  the  board  of  directors  may,  at 
least  thirty  days  before  a  general  election  of  the  district, 
where  the  offices  have  been  consolidated,  segregate  the 
same,  each  office  to  be  filled  at  such  election. 

Sec.  28.  In  any  district  the  board  of  directors  thereof 
may,  upon  the  presentation  of  a  petition  therefor,  by  a  ma- 
jority of  the  holders  of  title,  or  evidence  of  title,  of  said 
district,  evidenced  as  above  provided,  order  that  on  and 
after  the  next  ensuing  general  election  for  the  district, 
there  shall  be  either  three  or  five  directors,  as  said  board 
may  order,  and  they  shall  be  elected  by  the  district  at 
large,  or  by  divisions,  as  so  petitioned  and  ordered;  and 
after   such   order   such   directors   shall   be   so   elected. 

TITLE  TO  PROPERTY. 

Sec.  29.  The  legal  title  to  all  property  acquired  under 
the  provisions  of  this  act  shall  immediately  and  by  opera- 
tion of  law  vests  in  such  irrigation  district,  and  shall  be  held 
by  sueh  district  in  trust  for  and  is  hereby  dedicated  and  set 
apart  to  the  uses  and  purposes  set  forth  in  this  act.  And 
said  board  is  hereby  authorized  and  empowered  to  hold, 
use,  acquire,  manage,  occupy  and  possess  said  property  as 
herein  provided. 

ISSUANCE   OF   BONDS. 

Sec.  30.  For  the  purpose  of  constructing  necessary  irri- 
gating canals  and  works,  and  acquiring  the  necessary  prop- 
erty and  rights  therefor,  and  otherwise  carrying  out  the 
provisions  of  this  act,  the  board  of  directors  of  any  such 
district,  must,  as  soon  after  such  district  has  been  organ- 
ized as  may  be  practicable,  and  also  whenever  thereafter 
the  construction  fund  has  been  exhausted  by  expenditures 
herein  authorized  therefrom  and  it  is  necessary  to  raise 
■    Gen.  Laws — 33 


5  M  IRRIGATION.  5H 

additional   money  for  said  purposes,  estimate  and  determine 
tin  i'   money    necessary   to   be   raised.     And   there- 

after  said  board  when  petitioned  by  a  majority  of  the 
holders  of  title,  or  evidence  of  title,  to  lands  within  the 
district,  such  holders  of  title,  or  evidence  of  title,  repre- 
ting  a  majority  in  value  of  said  lands  according  to  the 
equalized  assessment  roll  of  the  district  if  such  has  therc- 
tofore  1"  i  n  made,  and  if  such  has  not  been  made,  then 
irding  to  the  equalized  county  assessment  roll  covering 
the  lands  of  Buch  district,  shall  immediately  call  a  special 
election,  at  which  shall  be  submitted  to  the  electors  of  such 
Let,  possessing  the  qualifications  prescribed  by  this 
the  question  whether  or  not  the  bonds  of  said  district 
in  the  amount  as  set  forth  in  said  petition  shall  be  issued. 
Notice  of  such  ehction  must  be  given  by  posting  notices 
in  three  public  places  in  each  election  precinct  in  said  dis- 
trict for  at  least  twenty  days,  and  also  by  publication  of 
Bueb  notice  in  some  newspaper  published  in  the  county 
where  the  office  of  the  hoard  of  directors  of  such  district 
is  required  to  be  kept,  once  a  week  for  at  least  three 
successive  weeks.  Buch  notices  must  specify  the  time  ef 
holding  the  election,  the  amount  of  bonds  proposed  to  be 
issued;  and  said  election  must  be  held  and  the  result  there- 
of determined  and  declared  in  all  respects  as  nearly  as 
practicable  in  conformity  with  the  provisions  of  this  act 
governing  the  election  of  officers;  provided,  that  no  infor- 
mant its  in  conducting  Buch  an  election  shall  invalidate  the 
same  if  the  (lection  shall  have  been  otherwise  fairly  con- 
ducted. At  such  election  the  ballots  shall  contain  the 
words  "Bonds — Yes,"  or  "Bonds — No,"  or  words  equiva- 
lent thereto.  If  a  majority  of  the  votes  cast  are  "Bonds — 
Vis,"  the  board  of  directors  shall  cause  bonds  in  said 
amount  to  be  issued;  if  a  majority  of  the  votes  cast  at 
any  bond  election  arc  "Bonds — No,"  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record.  Vv'hen- 
ev(  r  thereafter  a  petition  of  the  character  hereinbefore  pro- 
vidi  .1  for  in  this  section  is  pr<  sented  to  the  board  it  shall 
so  declare  the  record  in  its  minutes,  and  shall  thereupon 
submit  such  questions  to  said  electors  in  the  same  manner 
and    with    like   effecl    as   at   such   previous   election. 

Sec.    31.     All    bonds    issued    under    the    provisions   of    this 
act.  shall    be    payable   in   gold   coin   of  the   United   States,   in 


615  IRRIGATION.  Act  1726,  §  S2 

ten  series,  as  follows,  to  wit:  At  the  expiration  of  twenty- 
one  years,  five  per  cent  of  the  whole  number  of  said  bonds; 
at  the  expiration  of  twenty-two  years,  six  per  cent;  at  the 
expiration  of  twenty-three  years,  seven  per  cent;  at  the 
expiration  of  twenty-four  years,  eight  per  cent;  at  the 
expiration  of  twenty-five  years,  nine  per  cent;  at  the  expira- 
tion of  twenty-six  years,  ten  per  cent;  at  the  expiration 
of  twenty -seven  years,  eleven  per  cent;  at  the  expiration 
of  twenty-eight  years,  thirteen  per  cent;  at  the  expiration 
of  twenty-nine  years,  fifteen  per  cent;  and  at  the  expira- 
tion of  thirty  years,  sixteen  per  cent;  that  the  several 
enumerated  percentages  being  of  the  entire  amount  of  the 
bond  issue,  but  each  bond  must  be  made  payable  at  a 
given  time  for  its  entire  amount  and  not  for  a  percent- 
age. Said  bonds  shall  bear  interest  at  the  rate  of  five  per 
cent  per  annum,  payable  semi-annually,  on  the  first  day  of 
January  and  July  of  each  year.  The  principal  and  interest 
shall  be  payable  at  the  place  designated  therein.  Said 
bonds  shall  be  each  of  the  denomination  of  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars; 
shall  be  negotiable  in  form,  signed  by  the  president  and 
secretary,  and  the  seal  of  the  board  of  directors  shall  be 
affixed  thereto.  Each  issue  shall  be  numbered  consecu- 
tively as  issued,  and  the  bonds  of  each  issue  shall  be  num- 
bered consecutively,  and  bear  date  at  the  time  of  their 
issue.  Coupons  for  the  interest  shall  be  attached  to  each 
bond,  signed  by  the  secretary.  Said  bonds  shall  express 
on  their  face  that  they  were  issued  by  authority  of  this 
act,  stating  its  title  and  date  of  approval,  and  shall  also 
so  state  the  number  of  the  issue  of  which  such  bonds  are 
a  part.  The  secretary  shall  keep  a  record  of  the  bonds 
sold,  their  number,  the  date  of  sale,  the  price  received, 
and  the  name  of  the  purchaser. 

Sec.  32.  The  board  may  sell  said  bonds  from  time  to 
time  in  such  quantities  as  may  be  necessary  and  most  ad- 
vantageous, to  raise  money  for  the  construction  of  said 
canals  and  works,  the  acquisition  of  said  property  and 
rights,  and  otherwise  to  fully  carry  out  the  objects  and  pur- 
poses of  this  act.  Before  making  any  sale  the  board  shall, 
at  a  meeting,  by  resolution,  declare  its  intention  to  sell  a 
specified   amount  of  the  bonds,   and   the   day  and  hour  and 


Act  1726,   §5  S3,  54  IRRIGATION.  Bit 

place  of  such  sale,  and  shall  cause  such  resolution  to  be 
i  ntererl  in  the  minutes,  and  notice  of  tin-  sale  to  be  given, 
by  publication  thereof  at  hast  three  weeke,  in  some  news- 
pap<  r  pablished  in  the  county  where  the  office  of  the  board 
of  din  ctors  is  located,  and  in  any  otht  r  newspaper,  at  its 
discretion.  The  notice  shall  state  thai  sealed  proposals 
will  be  received  by  the  board  at  their  Office,  for  the  pur- 
chase of  bonds,  till  the  day  and  hour  named  in  the  resolu- 
tion. At  the  time  appointed  tile  board  Shall  open"  the  pro- 
posals, and  award  the  purchase  of  the  bonds  to  the  highest 
responsible  bidder;  provided,  Imwcvi-r,  that  they  may  re- 
ject all  bids.  Said  board  shall  in  no  event  sell  any  of  the 
said    bonds   for  less   than  the   par  value   thereof. 

Si.'.  .".."..  Said  bonds,  and  the  interest  thereon,  shall  be 
paid   by   revenue  derived  from  an  annual  assessment  upon 

tin  nal  prop,  it  \  of  the  district;  and  all  the  real  property 
in  the  district  shall  be  and  remain  liable  to  be  assessed  for 
such  payments,  as  hereinafter  provided. 

\-i!SSMKNTT   FOR   COMPLETION   OF   WORKS. 

Sec.  34.  In  case  the  money  raised  by  the  sale  of  bonds 
issued  be  insufficient  or  in  case  the  bonds  be  unavailable 
for  the  completion  id'  the  plan  of  eanal  and  works  adopted, 
and  additional  bonds  be  not  voted,  it  shall  be  the  duty  of 
the  board  of  directors  to  provide  for  the  completion  of  said 
plan    by    levy    .'  -nts    tlonfor;     provided,    however, 

that  Stick  levy  of  assi  laments  shall  not  be  made  except 
lirst  an  estimate  of  the  amount  required  for  such  purposes 
has  bees  made  by  said  board,  and  the  question  as  to  the 
Baking  of  said  levy  sob  mi  t  ted  to  a  vote  of  the  electors  of 
the  district.  Before  such  epiestion  is  submitted  the  order 
of  submission  shall   I  I   in   the  minutes  of  the  board, 

stating  the  amount  to  be  levied  and  tin  purpose  therefor, 
and  if  submitted  at  a  special  election  said  order  shall,  in 
addition,  fix  the  day  of  election.  .Notice  of  such  election 
must  be  given  by  posting  notices  in  three  public  places 
in  each  election  precinct  in  said  district  for  at  least  twenty 
days,  and  also  by  publication  of  such  notice  in  seme  news- 
paper published  in  the  county  win  re  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept, 
once  a  week  for  at  least  three  successive  weeks.  Such 
notices  must  specify  the  time  for  holding  the  election,  and 
the  amount  of  assessment  proposed  to  be  levied,  Said  elec- 
tion must  be  held  ami  tin  result  thereof  determined  and 
declared   in    all    respects    as    nearly    as    practicable    in    con- 


517  IRRIGATION.  Act  1726,  $  3o 

formity  with  the  provisions  of  this  act  governing  the  elec- 
tion of  officers;  provided,  that  no  informalities  in  conduct- 
ing such  an  election  shall  invalidate  the  same,  if  the  elec- 
tion shall  have  been  otherwise  fairly  conducted.  At  such 
election  the  ballots  shall  contain  the  words  "Assessment — 
Yes,"  or  "Assessment — No, "  or  words  equivalent  thereto. 
If  a  majority  of  the  votes  cast  are  "Assessment — Yes,"  the 
board  of  directors  shall  cause  an  assessment  in  the  amount 
named  in  the  order  of  submission  to  be  levied;  if  a  ma- 
jority of  the  votes  cast  are  "Assessment — No,"  the  re- 
sult of  such  election  shall  be  so  declared  and  entered  of 
record. 

DUTIES    OF    THE    ASSESSOR. 

Sec.  35.  The  assessor  must,  between  the  first  Monday 
in  March  and  the  first  Monday  in  June,  in  each  year,  assess 
all  real  property  in  the  district,  to  the  persons  who  own, 
claim,  have  the  possession,  or  control  thereof,  at  its  full 
cash  value.  He  must  prepare  an  assessment  book,  with 
appropriate  headings,  in  which  must  be  listed  all  such 
property  within  the  district,  in  which  must  be  specified,  in 
separate  columns,  under  the  appropriate  head:  (a)  The 
name  of  the  person  to  whom  the  property  is  assessed  (if 
the  name  is  not  known  to  the  assessor  the  property  shall 
be  assessed  to  "unknown  owners");  (b)  land  by  township, 
range,  section,  or  fractional  section,  and  when  such  land  is 
not  a  congressional  division  or  subdivision,  by  metes  and 
bounds,  or  other  description  sufficient  to  identify  it,  giving 
an  estimate  of  the  number  of  acres,  locality,  and  the  im- 
provements thereon;  (c)  city  and  town  lots,  naming  thf> 
city  or  town,  and  the  number  and  block,  according  to  the 
system  of  numbering  in  such  city  or  town,  and  the  improve- 
ments thereon;  (d)  the  cash  value  of  real  estate,  other 
than  city  or  town  lots;  (e)  the  cash  value  of  improvement? 
on  such  real  estate;  (f)  the  cash  value  of  city  and  town 
lots;  (g)  the  cash  value  of  improvements  on  city  and 
town  lots;  (h)  the  cash  value  of  improvements  on  real 
estate  assessed  to  persons  other  than  the  owners  of  the 
real  estate;  (i)  the  total  value  of  all  property  assessed; 
(j)  the  total  value  of  all  property  after  equalization  by  the 
board  of  directors;  (k)  such  other  things  as  the  board  of 
directors  may  require.  Any  property  which  may  have 
escaped  the  payment  of  any  assessment  for  any  yvnr, 
shall,  in  addition  to  the  assessment  for  the  then  current 
year,   be   assessed   for   such   year    with   the   same    effect   and 


Act  1726,   §  J  36-39  IRRIGATION.  513 

with   the  same  penalties  as  are   provided   for  such   current 
year. 

Sec.  36.  The  board  of  directors  must  allow  the  assessor 
as  many  deputies,  to  be  appointed  by  him,  as  will,  in  the 
judgment  of  the  board,  enable  him  to  complete  the  assess- 
ment within  the  time  herein  prescribed.  The  board  must 
fix  the  compensation  of  such  deputies,  winch  shall  be  paid 
out  of  the  treasury  of  the  district.  The  compensation 
must  not  (  xceed  five  dollars  per  day  for  each  deputy,  for 
the  time  actually  engaged,  nor  must  any  allowance  be  made 
but  for  work  done  between  the  first  Monday  in  March  and 
the   first   Monday   in    August   in   each   year. 

Sec.  37.  On  or  before  the  first  Monday  in  August  in 
i  .11  li  yi ',-ir,  the  assessor  must  complete  his  assessment 
book,  and  deliver  it  to  the  secretary  of  the  board,  who 
must  immediately  give  notice  thereof,  and  of  the  time  the 
hoard  of  directors,  acting  as  a  board  of  equalization,  will 
in  el  tu  equalize  assessments,  by  publication  in  a  news- 
paper published  in  each  of  the  counties  comprising  the 
district.  Tin-  time  fixed  for  the  meeting  shall  not  be 
less  than  twenty  nor  more  than  thirty  days  from  the  first 
publication  of  the  notice;  and  in  the  mean  time  the  assess- 
ment book  must  remain  in  the  office  of  the  secretary  for  the 
inspection  of  all  persons  interested. 

EQUALIZATION  OF  ASSESSMENT. 
Sec.  33.  Upon  ths  day  specified  in  the  notice  required 
by  tin  prec<  ding  action  for  the  meeting,  the  board  of 
directors,  which  ifl  hereby  constituted  a  board  of  equali 
zation  for  that  purpose,  shall  meet  and  continue  in  session 
from  time  to  time,  as  long  as  may  be  necessary,  not  to 
exceed  ten  days,  exclusive  of  Sundays,  to  hear  and  de- 
ti  iminc  such  objections  to  the  valuation  and  assessment 
as  may  come  before  them;  and  the  board  may  change 
the  valuation  as  may  be  just.  The  secretary  of  the  bo  lrd 
shall  be  present  during  its  sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  the 
persons  whose  property  is  assessed;  and  within  ten  days 
after  the  close  of  the  session  he  shall  have  the  total 
values,  sa  finally  equalized  by  the  board,  extended  into 
columns   and    added. 

•  LEVY    OF    AND    COLLECTION    OF    TAXES. 
See.   '69.     The   board   of   directors   shall   then   levy    an    as- 
sessment -sufficient   to   raise   the   annual   interest  on   the  out- 


313  IRRIGATION.  Act  1726,  §  §  40,  41 

standing  bonds,  and  in  any  year  in  which  anjr  bonds  shall 
fall  due  must  increase  said  assessment  to  an  amount  sum 
cient  to  raise  a  sum  sufficient  to  pay  the  principal  of  th? 
outstanding  bonds  as  they  mature.  The  secretary  of  the 
board  must  compute  and  enter  in  a  separate  column  of  the 
assessment  book  the  respective  sums,  in  dollars  and  cents, 
to  be  paid  as  an  assessment  on  the  property  therein  enum- 
erated. When  collected,  the  assessment  shall  be  paid  into 
the  district  treasury  and  be  apportioned  to  the  several 
proper     funds. 

In  case  of  the  neglect  or  refusal  of  the  board  of  directors 
to  cause  such  assessments  and  levies  to  be  made  as  in  this 
act  provided,  then  the  assessment  of  property  made  by  the 
county  assessor  and  the  state  board  of  equalization  shall 
be  adopted,  and  shall  be  the  basis  of  assessment  for  the 
district,  and  the  board  of  supervisors  of  the  county  in  which 
the  office  of  the  board  of  directors  is  situated  shall  cause 
an  assessment  roll  for  said  district  to  be  prepared,  an- J 
shall  make  the  levy  required  by  this  act,  in  the  same  man- 
ner and  with  like  effect  as  if  the  same  had  been  made  by 
said  board  of  directors,  and  all  expenses  incident  thereto 
shall  be  borne  by  such  district.  In  case  of  the  neglect  or 
refusal  of  the  collector  or  treasurer  of  the  district  to  per- 
form the  duties  imposed  by  law,  then  the  tax  collector  and 
treasurer  of  the  county  in  which  the  office  of  the  board  of 
directors  is  situated  must,  respectively,  perform  such 
duties,  and  shall  be  accountable  therefor  upon  their  official 
bonds    as    in    other    cases. 

Sec.  40.  The  assessment  upon  real  property  is  a  lien 
against  the  property  assessed  from  and  after  the  first  Mon- 
day in  March  for  any  year,  and  the  lien  for  the  bonds  of  any 
issue  shall  be  a  preferred  lien  to  that  for  any  subsequent 
issue,  and  such  lien  is  not  removed  until  the  assessments 
are   paid,   or   the   property   sold   for   the   payment   thereof. 

Sec.  41.  On  or  before  the  first  day  of  November,  the 
secretary  must  deliver  the  assessment-book  to  the  collector 
of  the  district,  who  shall  within  twenty  days  publish  h 
notice,  in  a  newspaper  published  in  each  county  in  which 
any  portion  of  the  district  may  lie,  that  said  assessments 
are  due  and  payable,  and  will  become  delinquent  at  six 
o'clock  P.  M.  on  the  last  Monday  of  December  next 
thereafter,  and  that  unless  paid  prior  thereto,  five  per  cent 
will  be  added  to  the  amount  thereof,  and  also  the  time 
and  place  at  which  payment   of   assessments   may  be  made, 


Act  1726,  §  42  IRRIGATION'.  620 

which  notice  shall  be  published  for  the  period  of  two 
weeks.  The  collector  must  attend  at  the  time  and  place 
specified  in  the  notice,  to  receive  assessments,  which  must 
be  paid  iu  gold  and  silver  coin;  he  must  mark  the  date 
of  payment  of  any  assi  s&vient  in  the  assessment-book, 
opposite  the  name  of  the  person  paying,  and  give  a 
receipt  to  such  person,  specifying  the  amount  of  the  as- 
sessment and  the  amount  paid,  with  a  description  of 
the  property  assessed.  On  the  last  Monday  in  December, 
at  six  o'clock  P.  M.  of  each  year,  all  unpaid  assessments 
arc  delinquent,  and  thereafter  the  collector  must  collect 
thereon,  for  the  use  of  the  district,  an  addition  of  five  per 
cent. 

PUBLICATION    OF    DELINQUENT    NOTICE. 

Sec.  42.     On  or  before  the  first  day  of  February,  the  col- 
lector  must   publish   the   delinquent   list,  which   must  contain 
the    names   of    the    persons    and "  a   description   of   the    prop- 
erty   delinquent,    and    the    amount    of    the    assessments    and 
costs    due    opposite    eaek     name    and    description.     He    must 
append    to    and    publish    with    the    delinquent    list    a    notice, 
that   unless   the   ass.  ssnn  nts   delinquent,   together   with   costs 
and    percentage,    are    paid,     the    real     property    upon    which 
such  assessments  are  a   lien   will   be   sold   at   public   auction, 
'I  ne   publication   must   be   made   once   a    week   for   three    suc- 
cessive   weeks,   in    a    newspaper    published    in    the    county   in 
which    the    property    delinquent    is    situated;    provided,    that 
it    any   property  assessed   to   the   same  person   or  corporation 
shall    lie    in    more    than    one    county,    then    such    publication 
may    be    made   in    any    county    in    which    any   portion   of    such 
property  may  lie.     The   publication  must  designate  the   time 
and   place  of  sale.     The   time   of  sale  must  not  be  less   than 
twenty-one   nor  more   than    twenty-eight  days  from  the  nrst 
publication,    and    the    place    must    be    at    some    point    desig- 
nated  by   the   collector,    within    the   district;    provided,   how- 
ever, that  if  there  should  occur  any  error  in  the  publication 
of    the    sale    of    the    delinquent    property,    which    might    in- 
validate  a   sale    made    thereunder,   and   such   error   is   discov- 
ered   prior    to    sale    thereunder    the    collector    shall    at    once 
republish    the    sale    of    the    property   affected   by   such    error, 
making    such    republication    conform    to    the    provisions    of 
this  law,  and  the  time  of  sale  designated  in  such  republica- 
tion   must    not    be    less    then     twenty-one     nor     more     than 
twenty-eight    days     from    the     first    republication;     and    the 
place    of    sale    must    be    at    some    point    designated    by    the 


621  IRRIGATION.  Act  1726,  §§  43,  M 

collector  within   the  district,   and   stated   in   such   republica 
tion. 

SALE  FOE  DELINQUENT  TAXES. 

Sec.  43.  The  collector  must  collect,  in  addition  to  the 
assessments  due  on  the  deliquent  list  and  five  per  cent 
added,  fifty  cents  on  each  lot,  piece,  or  tract  of  land  sepa- 
rately assessed.  On  the  day  fixed,  for  the  sale,  or  some 
subsequent  day  to  which  he  may  have  postponed  it,  of 
which  he  must  give  notice,  the  collector,  between  the  hours 
of  ten  A.  M.  and  three  o  'clock  P.  M.,  must  commence  the 
sale  of  the  property  advertised,  commencing  at  the  head 
of  the  list  and  continuing  alphabetically,  or  in  the  numer- 
ical order  of  the  lots  or  blocks,  until  completed.  He  may 
postpone  the  day  of  commencing  the  sales,  or  the  sale, 
from  day  to  day,  but  the  sale  must  be  completed  within 
three  weeks  from  the  day  first  fixed;  provided,  that  if 
any  sale  or  sales  shall  be  stayed  by  legal  proceedings,  the 
time  of  the  continuance  of  such  proceedings  is  not  part  of 
the  time  limited  for  making  such  sale  or  sales;  and  pro- 
vided further,  that  in  any  district  where  the  validity  of  any 
assessment  shall  be  in  litigation  at  the  time  this  act  shall 
take  effect,  the  sale  of  any  property,  whether  it  be  involved 
in  such  litigation  or  not,  may  be  postponed  for  a  time  not 
to  exceed  four  months. 

Sec.  44.  The  owner  or  person  in  possession  of  any  real 
estate  offered  for  sale  for  assessments  due  thereon  may 
designate,  in  writing,  to  the  collector,  prior  to  the  sale, 
what  portion  of  the  property  he  wishes  sold,  if  less  than 
the  whole;  but  if  the  owner  or  possessor  does  not,  then 
the  collector  may  designate  it  and  the  person  who  will 
take  the  least  quantity  of  the  land,  or  in  case  an  undivided 
interest  is  assessed,  then  the  smallest  portion  of  the  in- 
terest, and  pay  the  assessments  and  costs  due,  including  two 
dollars  for  the  duplicate  certificate  of  sale,  is  the  pur- 
chaser. If  the  purchaser  does  not  pay  the  assessments  and 
costs  before  ten  o'clock  A.  M.  the  following  day,  the  prop- 
erty on  the  next  sale  day  must  be  resold  for  the  assessments 
and  costs.  But  in  case  there  ia  no  purchaser  in  good  faith 
for  the  same  on  the  first  day  that  the  property  is  offered 
for  sale,  then,  when  the  property  is  offered  thereafter  for 
sale,  and  there  is  no  purchaser  in  good  faith  for  the  same, 
the  whole  amount  of  the  property  assessed  shall  be  struck  off 
to  the  irrigation  district  within  which  such  lands  are  situ- 
ated as  the  purchaser,  and  the  duplicate  certificate  delivered 


Act  1726,  5  i  43-52  IRRIGATION.  524 

officer;    (f)   the  property  was  not  redeemed;   (g)   the  person 
who  executed   the   deed   was  the  proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as 
against  actual  fraud)  conclusive  evidence  of  the  regularity 
of  all  the  proceedings  from  the  assessment  by  the  asses- 
sor, inclusive,  up  to  the  execution  of  the  deed.  The  deed 
conveys  to  the  grantee  the  absolute  title  to  the  lands  de- 
scribed therein  free  of  all  incumbrances,  except  when  the 
land  is  owned  by  the  United  StateB,  or  this  state,  in  which 
case  it  is  prima  facie  evidence  of  the  right  of  possession. 

Sec.  49.  The  assessment  book  or  delinquent  list,  or  a 
copy  thereof,  certified  by  the  collector,  showing  unpaid  as- 
sessments against  any  person,  or  property,  is  prima  facie 
evidence  of  the  assessment,  the  property  assessed,  the 
delinquency,  the  amount  of  assessments  due  and  unpaid, 
and  that  all  the  forms  of  the  law  in  relation  to  the  assess- 
ment and  levy  of  such  assessments  have  been  complied 
with. 

Sec.  50.  When  land  is  sold  for  assessments  correctly  im- 
posed, as  the  property  of  a  particular  person,  no  misnomer 
of  the  owner,  or  supposed  owner,  or  other  mistake  relating 
to  the  ownership  thereof  affects  tue  sale,  or  renders  it 
void,  or  voidable. 

Sec.  51.  On  the  first  Monday  in  each  month,  the  collec- 
tor must  settle  with  the  secretary  of  the  board  for  all 
moneys  collected  for  assessments,  and  pay  the  same  over 
to  the  treasurer;  and  within  six  days  thereafter  he  must 
deliver  to  and  file  in  the  office  of  the  secretary  a  state- 
ment under  oath,  showing:  (a)  An  account  of  all  his 
transactions  and  receipts  since  his  last  settlement;  (b)  that 
all  money  collected  by  him  as  collector  has  been  paid.  The 
collector  shall  also  file  in  the  office  of  the  secretary,  on  s;ii.l 
first  Monday  in  each  month,  the  receipt  of  the  treasurer  for 
the  money  so  paid. 

EEDEMPTION    OF    BONDS,     AND    PAYMENT    OF    IN- 
TEREST. 

Sec.  52.  Upon  the  presentation  of  the  coupons  due,  to 
the  treasurer,  he  shall  pay  the  same  from  the  bond  fund. 
"Whenever  said  fund  shall  amount  to  the  sum  of  ten  thou- 
sand dollars  in  excess  of  an  amount  sufficient  to  meel  the 
interest  coupons  due,  the  board  of  directors  may  direct   the 


.",:r,      •  IRRIGATION.  Act  1726,  §  52 

treasurer  to  pay  such  an  amount  of  said  bonds  not  due  as 
the  money  in  said  fund  will  redeem,  at  the  lowest  value  at 
which  they  may  be  offered  for  liquidation,  after  advertising 
in  the  manner  hereinbefore  provided  for  the  sale  of  bonds, 
for  sealed  proposals  for  the  redemption  of  said  bonds. 
Said  proposals  shall  be  opened  by  the  board  in  open  meet- 
ing, at  a  time  to  be  named  in  the  notice,  and  the  lowest  bid 
for  said  bonds  must  be  accepted ;  provided,  that  no  bond 
shall  be  redeemed  at  a  rate  above  par.  In  case  the  bids  are 
equal,  the  lowest  numbered  bond  shall  have  the  preference. 
In  case  none  of  the  holders  of  said  bonds  shall  desire  to  have 
the  same  redeemed,  as  herein  provided  for,  said  money  shall 
be  invested  by  the  treasurer,  under  the  direction  of  the  board, 
in  United  States  bonds,  or  the  bonds  of  the  state,  which  shall 
be  kept  in  said  ' '  bond  fund, ' '  and  may  be  used  to  redeem 
said   district   bonds  whenever   the  holders   thereof   may   desire. 

CONSTEUCTION   OF   WORKS. 

Sec.  53.  After  adopting  a  plan  for  such  canal  or  canals, 
storage  reservoirs,  and  works,  as  in  this  act  provided  for, 
the  board  of  directors  shal]  give  notice  by  publication  thereof 
not  less  than  twenty  days  in  one  newspaper  published  in  each 
of  the  counties  composing  the  district  (provided,  a  news- 
paper is  published  therein),  and  in  such  other  newspapers 
as  they  may  deem  advisable,  calling  for  bids  for  the  con- 
struction of  such  work,  or  of  any  portion  thereof;  if  less 
than  the  whole  work  is  advertised,  then  the  portion  so  adver- 
tised must  be  particularly  described  in  such  notice.  Said 
notice  shall  set  forth  that  plans  and  specifications  can  be 
seen  at  the  office  of  the  board,  and  that  the  board  will  receive 
sealed  proposals  therefor,  and  that  the  contract  will  be  let  to 
the  lowest  responsible  bidder,  stating  the  time  and  place  for 
opening  said  proposals,  which,  at  the  time  and  place  appointed, 
shall  be  opened  in  public;  and  as  soon  as  convenient  thereafter 
the  board  shall  let  said  work,  either  in  portions  or  as  a  whole, 
to  the  lowest  responsible  bidder;  or  they  may  reject  any  or  all 
bids  and  readvertise  for  proposals,  or  may  proceed  to  construct 
the  work  under  their  own  superintendence.  Contracts  for  the 
purchase  of  material  shall  be  awarded  to  the  lowest  respon- 
sible bidder.  Any  person  or  persons  to  whom  a  contract  may 
be  awarded  shall  enter  into  a  bond,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  board,  payable  to  said  dis- 
trict for  its  use,  for  twenty-five  per  cent  of  the  amount  of 
the  contract  price,  conditioned  for  the  faithful  performance 
of  said  contract.     The  work  shall  be  done  under  the  direction 


Act  ITL'6,  §5  54-56  IRRIGATION.  SSI 

and   to  the  satisfact  ion   of   the   engineer,  and   be  approved   by 
the  board. 

Sec.  54.  No  claim  shall  be  paid  by  the  treasurer  until 
allowed  by  the  board,  and  only  upon  a  warrant  signed  by 
the  president,  and  countersigned  by  the  secretary;  provided, 
that  the  board  may  draw,  from  time  to  time,  from  the  con- 
struction fund,  and  deposit  in  the  county  treasury  of  the 
county  where  the  office  of  the  hoard  is  situated  any  sum  in 
■!  of  twenty-five  thousand  dollars.  The 
comity  treasurer  of  said  county  is  berebj  authorized  and 
required    to    receive  and  for   the  sasse  and    place   the 

same    to    the    C  said    district,    and    be    shall    ho    respon- 

official  bend  forth.  dug  and  disburse- 

as  in  this  act   provided.     He  shall  pay  out 
the  same,  or  any  portion  thereof,  to  the  treaasrer  af  tin-  dis- 
trict  only,  and   only  upon   t1  if  the  board,  signed  by 
the  president,  and  attested  by  the  secretary;    The  said  eounty 
surer   Bhall   report,   m    writing,   on    the  second   Monday    in 

each    month,   the  amount   of   money    in    tie    county    treasury,   the 
ut  of  receipts  for  tin    month  preceding,  and  the  amount 
or  amounl  »ut;    said   report    shall   be   verified   and   lied 

with  the  Secretary  of  the  hoard.  The  district  treasurer  shall 
also    report    to    the    hoard,    in    writing,    on    the    first     Mondav    in 

each  month,  the  amount  of  money  in  the  district  treasury, 
the  t  receipts   for    the    month    |  and    the 

amount    and    items   of   •  ndituns.    and    said    report   shall    be 

d    filed    wi:  ,  r.    of   the    hoard. 

56.  Tli Bl  and  expense  of  purchasing  and  ac- 
quiring property  tructine  the  works  and  improve- 
ments herein  provided  for.  shall  he  wholly  paid  oul  of  the 
construction    fund.     For  the    purpose    of    defraying    the    ex- 

tiofl    of    the    district,    and    of    the    Care, 
operation,    mat  repair,   and    improvement    of   such    por- 

tions of  said  canal  and  works  as  are  completed  and  in  use, 
including  salaries  of  officers  and  employees,  the  hoard  may  in 
lies     (eM'n-M     in    part    or    in    whole)    of    levying    assessment 

herein  provided   for,  fix  rates  of  tolls  and  charges,  and  colled 

the  same  from  all  persons  using  --aid  canal  for  irrigation  and 
other    pur] 

56.      The    hoard    of    diretttors    shall    have    power    to    c 
struct    the    -ail    WOJ  ■      any     stream     of     water,     water- 

net.    avenue,     highway,     railway,     caaal,     ditch,     or 
flume   which    \    ■  r   cs   ah    may    intei 

or    01  -  lea    manner    as    to    B  SUlity    fer    life 


i 


521  IRRIGATION.  Act  1726,  §§  57,  58 

property;  but  said  board  shall  restore  the  same,  when  so 
crossed  or  intersected,  to  its  former  state  as  near  as  may  be, 
or  in  a  sufficient  manner  not  to  have  impaired  unnecessarily 
its  usefulness;  and  every  company  whose  railroad  shall  be 
intersected  or  crossed  by  said  works  shall  unite  with  said 
board  in  forming  ?aid  intersections  and  crossings,  and  grant 
the  privileges  aforesaid;  and  if  such  railroad  company  and 
said  board,  or  the  owners  and  controllers  of  the  said  prop- 
erty, thing,  or  franchise  so  to  be  crossed,  cannot  agree  upon 
the  amount  to  be  paid  therefor,  or  the  points  or  the  manner 
of  said  crossings  or  intersections,  the  same  shall  be  ascer- 
tained and  determined  in  all  respects  as  is  herein  provided  in 
respect  to  the  taking  of  land.  The  right  of  way  is  hereby 
given,  dedicated,  and  set  apart,  to  locate,  construct,  and  main- 
tain said  works  over  and  through  any  of  the  lands  which  are 
now  or  may  be  the  property  of  this  state ;  and  also  there  is 
given,  dedicated,  and  set  apart,  for  the  uses  and  purposes 
aforesaid,  all  waters  and  water-rights  belonging  to  this  state 
within  the  district. 

GOVERNING  DIRECTORS. 

Sec.  57.  The  directors,  when  sitting  as  a  board,  or  acting 
under  the  orders  of  the  board,  shall  eaeh  receive  not  to  ex- 
ceed three  dollars  per  day,  and  aetual  and  necessary  ex- 
penses paid  while  engaged  in  official  business  under  the  order 
of  the  board.  The  board  shall  fix  the  compensation  to  be 
paid  to  all  officers  named  in  this  act,  to  be  paid  out  of  the 
treasury  of  the  district;  provided,  that  said  board  shall,  upon 
the  petition  of  at  least  fifty,  or  a  majority  of  the  freeholders 
within  such  district,  therefor,  submit  to  the  electors  at  any 
general  election  a  schedule  of  salaries  and  fees  to  be  paid 
hereunder.  Such  petition  must  be  presented  to  the  board  not 
less  than  twenty  days  nor  more  than  forty  days  prior  to  a 
general  election,  and  the  result  of  such  election-shall  be  deter- 
mined and  declared  in  all  respects  as  other -elections  are  de- 
termined  and    declared   under   this   act. 

Sec.  58.  No  director  or  any  other  officer  named  in  this 
act  shall  in  any  manner  be  interested,  directly  or  indirectly, 
in  any  contract  awarded  or  to  be  awarded  by  the  board, 
or  in  the  profits  to  be  derived  therefrom;  and  for  any  viola- 
tion of  this  provision,  such  officer  shall  be  deemed  guilty  of  a 
misdemeanor,  and  such  conviction  shall  work  a  forfeiture  of 
his  office,  and  he  shall  be  punished  by  a  fine  not  exceeding 
five  hundred    dollars,   or  by  imprisonment   in   the   county    jail 


Act  1726.  §8  50-61  IRRIGATION.  62C 

not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

SPECIAL  ASSESSMENTS. 
Sec.  59.  The  board  of  directors  may,  at  any  time,  when 
in  tli*  ir  judgment  it  may  be  deemed  advisable,  call  a  spe- 
cial election  and  submit  to  the  quaUfi  irs  of  the  dis- 
trict the  question,  whether  or  not  a  special  assessment  shall 
be  levied  for  the  purpose  of  raising  money  to  be  applied  to 
any  of  the  pu  rovided  in  this  act.  Such  election  must 
be  Balled  upon  the  notice  prr-scribed,  and  the  same  shall  be 
heM  and  the  result  thereof  determined  and  declared  in  all 
respects  in  conformity  with  the  provisions  of  section  thirty 
lit'  this  act.  The  notice  must  specify  the  amount  of  money 
proposed  be  be  raised  and  the  purpose  for  which  it  is  intended 
to  be  used.  At  such  ■  the  ballots  Bhau  contain  the 
words  "Assessment — yes,"  or  "Assessment — No."  If  two 
thirds  or  more  of  the  votes  east  are  "Assessment — Yes,"  the 
board  shall,  at  the  time  of  the  annual  levy  hereunder,  levy 
an   assessment   sufficient    to   raise    the  amount   voted. 

Sec.  60.  The  rate  of  assess  touts  levied  under  the  provis- 
ions of  this  set  shall  be  ascertained  by  deducting  fifteen  per 
cent  for  anticipated  delinquencies  from  the  aggregate  as- 
sessed value  of  the  property  in  the  district  as  it  appears  on 
the  assessment  roll  for  the  current  year,  and  then  dividing  the 
Bum  the  remainder  of  such  aggregate  assessed  value. 

The  assessments  bo  levied  shall  be  computed  and  entered  on 
the  assessment  roll  by  the  secretary  of  the  board,  and  collected 
at  the  Bami   time  and  in  the  Bame  manner  as  other  assessments 

provided  lor  herein;  and  when  collected  shall  be  paid  into  the 
district  treasury  for  the  purposes  specified  in  the  notice  of 
such  special  election. 

INCURRING    INDEBTEDNESS. 

Sec.  61.  The  board  of  directors,  or  other  officers  of  the 
district,  shall  have  no  power  to  incur  any  del  Or  liability 
whatever,  either  by  issuing  bonds  or  otherwise,  in  excess 
el'  the  express  provisions  of  tins  act;  and  any  debt  or  lia- 
bility incurred  in  excess  of  such  express  provisions  shall 
be  and  remain  absolutely  void,  except  that  fox  the  purposes 
of  organization,  or  for  any  of  the  purposes  of  this  act,  the 
board  of  directors  may,  before  the  collection  of  the  first 
asment,    incur    an    indebtedness    not    exceeding    in    thi 

aggregate  the  sum  of  two  thousand  dollars,  and  may  cause 
warrants  of  the  district  to  issue  therefor,  bearing  interest 
at  seven  per   cent   per  annum. 


S29  IRRIGATION.  Act  1726,  §§  62-66 

GOVERNING   THE   USE   OE   WATER. 

SSec.  62.  In  case  the  volume  of  water  in  any  stream  or 
river  shall  not  be  sufficient  to  supply  the  continual  wants 
of  the  entire  country  through  which  it  passes,  and  suscep- 
tible of  irrigation  thereform,  then  it  shall  the  duty  of 
the  water  commissioners,  constituted  as  hereinafter  pro- 
vided, to  apportion,  in  a  just  and  equitable  proportion,  a 
certain  amount  of  said  water  upon  certain  or  alternate 
weekly  days  to  different  localities,  as  they  may,  in  their 
judgment,  think  best  for  the  interest  of  all  parties  con- 
cerned, and  with  due  regard  to  the  legal  and  equitable 
rights  of  all.  Said  water  commissioners  shall  consist  of 
the  chairman  of  the  board  of  directors  of  each  of  the  dis- 
tricts affected. 

Sec.  63.  It  shall  be  the  duty  of  the  board  of  directors  to 
keep  the  water  flowing  through  the  ditches  under  their 
control  of  the  full  capacity  of  such  ditches  in  times  of  high 
water. 

Sec.  64.  Navigation  shall  never  in  any  wise  be  impaired 
by  the  operation  of  this  act,  nor  shall  any  vested  interest 
in  or  to  any  mining  water  rights  or  ditches,  or  in  or  to 
any  water  or  water  rights,  or  reservoirs  or  dams  now  used 
hy  the  owners  or  possessors  thereof  in  connection  with  any 
mining  industry,  or  by  persons  purchasing  or  renting  the 
ust-  thereof,  or  in  or  to  any  other  property  now  used,  di- 
rectly or  indirectly,  in  carrying  un  or  promoting  the  mining 
industry,  ever  be  affected  by  or  taken  under  its  provisions, 
save  and  except  that  rights  of  way  may  be  acquired  over 
the  same. 

Sec.  65.  Nothing  herein  contained  shall  be  deemed  to 
authorize  any  person  or  persons  to  divert  the  waters  of  any 
river,  creek,  stream,  canal,  or  ditch  from  its  channel,  to 
the  detriment  of  any  person  or  persons  having  any  interest 
in  such  river,  creek,  stream,  canal,  or  ditch,  or  the  waters 
therein,  unless  previous  compensation  be  ascertained  and 
paid  therefor,  under  the  laws  of  this  state  authorizing  the 
taking  of  private  property  for  public  uses. 

EXEMPTION     FROM     TAXATION— CREATION     OF 
FUNDS. 

Sec.  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines, 
dams,   water   rights,   reservoirs,   and   other   property   of   like 

Gen.  Laws — 34 


At  1736,  §§  67-69  IRRIGATION.  530 

character,  belonging  to  any  irrigation  district  shall  nut  bo 
taxed  tor  state  and  county  or  municipal  purposes; 

s.  c.    67.     The    following    funds   are    hereby    created    and 
iblished,   to   which   the   moneys   properly   belonging  shall 
be  apportioned,  to   wit:   Bond  fund,  construction  fund,  gen- 
eral fund. 

i;i:m:i;.\l  PBi  >visi<  ins. 

Bee.  68.    Tin    board  ef  directom  may.  at  any  time  after 
tin    tasai    ot  any  bonds  o*  the  lew  of  anj  sat  here- 

in provided  for,  bring  an  actios  n  the  superior  court  of 
the  county  wherein  is  located  the  office  of  such  board,  to 
determine  the  validity  of  any  such  bonds  or  such  levy  of 
such  action  shall  be  in  the  nature  of  a  pro- 
in  rem.  ami  jurisdiction  of  all  parties  interested 
may  be  had  by  publication  of  summons  for  at  b  a.-t  • 
a  unk  for  tin .  weeks  in  som<  paper  of  genera]  circu- 
lation published  in  the  county  where  the  action  is  ponding, 
such  paper  to  be  designated  by  the  court  having  jurisdic- 
tion   of    the    prod  Jurisdiction    shall     be     complete 

within    ten    days   after   the   full    publication   of   such   sunin 

in    the    manner   herein   provided.     Any   one    interested    may 

at  any  time  before  the  expiration  of  said  ten  days  ap- 
pear   and    by    proper    proceeding  •    the    validity  'of 

sueh    bonds    or    assessments.      Sucfa    action    shall    be    Speedily 

tried  and  judgment   rendered  declaring  such  matter  so 
ted  either  valid  or  invalid.     Either  party  may  have  the 

right  to  appeal  to  the  supreme  court  at  any  time  within 
thirty   davs    after   the    rendition    of   such    judgment,    which 

appeal  must  be  heard  and  determined  within  three  months 
from   the   time   of    taking   such   ap, 

69,      If   no   such    proceedings   shall    have   bei  n    brought 
by  the  board  of  directors,  thea,  at  any  time  within   tl 
davs    after    the    levy    of    any    assessment    or    issue    of    any 
bonds   under    the    provisions   of   this   act,   any   district    ass 
ment-payer    may    bring    an    action    in    the    superior    court    of 

the   county   where   the   office   of   the   board  of  directoi 
located    to   determine   the  validity  of  any  such   as 

or  such   bonds.     The  board  of  directors  shall   be   made  par- 
-    defendant,    and    service    of    summons    shall    bo    made    on 

the  members  of  the  board  personally.  Said  board  shall 
have  the  right  to  appear  and  contest  sueh  action.  Such  ac- 
tion  shall    be   Bpeedily    tried,   with   the   right    of  appeal   to 

either    party,    within    the    time    and    manlier    herein    provided 


531  IRRIGATION.  Act  172G,  §§  70-74 

for  the  bringing  of  actions  by  the  board  to  determine  such 
matters.  Such  appeal  shall  be  heard  and  determined  in  the 
manner  and  within   the   time   therein  provided. 

Sec.  70.  If  more  than  one  action  shall  be  pending  at 
the  same  time  concerning  similar  contests  in  this  act  pro- 
vided for,  they  shall  be  consolidated  and  tried  together. 

Sec.  71.  The  court  hearing  any  of  the  contests  herein 
provided  for,  in  inquiring  into  the  regularity,  legality,  or 
correctness  of  such  proceedings,  must  disregard  any  error, 
irregularity,  or  omission  which  does  not  affect  the  substan- 
tial rights  of  the  parties  to  said  action  or  proceeding.  The 
rules  of  pleading  and  practice  provided  by  the  Code  of 
Civil  Procedure,  which  are  not  inconsistent  with  the  pro- 
visions of  this  act,  are  applicable  to  all  actions  or  pro- 
ceedings herein  provided  for.  The  motion  for  a  new  trial 
of  any  such  action  or  proceeding  must  be  heard  and  de- 
termined within  ten  days  from  the  filing  of  the  notice  of 
intention.  The  costs  on  any  hearing,  or  contest  herein 
provided  for,  may  be  alloweel  and  apportioned  between  the 
parties,  or  taxed  to  the  losing  party,  in  the  discretion  of 
the  court. 

Sec.  72.  No  contest  of  anything  or  matter  herein  pro- 
vided shall  be  made  other  than  within  the  time  and  manner 
herein  specified. 

Sec.  73.  For  any  willful  violation  of  any  express  duty 
herein  provided  for,  on  the  part  of  any  officer  herein 
named,  he  shall  be  liable  upon  his  official  bond,  and  be  sub- 
ject to  removal  from  office,  by  proceedings  brought  in  the 
superior  court  of  the  county  wherein  the  office  of  the  board 
of  directors  of  the  district  is  located,  by  any  assessment- 
payer  of  the  district. 

EXCLUSION  OF  LANDS. 

Sec.  74.  The  boundaries  of  any  irrigation  elistrict  now 
organized  or  hereafter  organized  under  the  provision  of 
this  act,  may  be  changed,  and  tracts  of  land  which  were 
included  within  the  boundaries  of  such  district  at  or  after 
its  organization  under  the  provisions  of  said  act,  may  be 
excluded  therefrom,  in  the  manner  herein  prescribed;  but 
neither  such  change  of  the  boundaries  of  the  districts  nor 
such  exclusion  oJ  lands  from  the  elistrict  shall  impair  or 
affect  its  organization,  or  its  right  in  or  to  property,  or 
any  of  its  rights  or  privileges  of  whatever  kind  or  nature; 


Act  1726,  §§  75,  76  IRRIGATION.  632 

nor  shall  it  affect,  impair,  or  discharge  any  contract,  ob- 
ligation, lien,  or  charge  for  or  upon  which  said  district  was 
and  may  become  liable  or  chargeable,  had  such  change  of  its 
boundaries  not  been  made,  or  had  not  such  land  been  ex- 
cluded from  the  district. 

Sec.  75.  The  owner  or  owners  in  fee  of  one  or  more 
tracts  of  land  which  constitute  a  portion  of  an  irrigation 
district  may  jointly  or  severally  file  with  the  board  of  di- 
rectors of  the  district  a  petition,  praying  that  such  tract 
•>r  tracts,  and  any  other  tracts  contiguous  thereto,  may 
be  excluded  and  taken  from  said  district.  The  petition 
shall  state  the  grounds  and  reasons  upon  which  it  is 
claimed  that  such  lands  should  be  excluded  and  shall  de- 
scribe the  boundaries  thereof,  and  also  the  lands  of  such 
petitioner  or  petitioners  which  are  included  within  such 
boundaries;  but  the  description  of  such  lands  need  not  be 
more  particular  or  certain  than  is  required  when  the  lands 
are  entered  in  the  assessment  book  by  the  county  assessor. 
Such  petition  must  be  acknowledged  in  the  same  manner 
and  form  as  is  required  in  the  case  of  a  conveyance  of 
land,  and  the  acknowledgment  shall  have  the  same  force 
and  effect  as  evidence  as  the  acknowledgment  of  such  a 
conveyance. 

Sec.  76.  The  secretary  of  the  board  of  directors  shall 
cause  a  notice  of  the  filing  of  such  petition  to  be  pub- 
lished for  at  least  two  weeks  in  some  newspaper  published 
in  the  county  where  the  office  of  the  board  of  directors  is 
situated,  and  if  any  portion  of  such  territory  to  be  excluded 
lie  within  another  county  or  counties,  then  said  notice 
shall  be  so  published  in  a  newspaper  published  within  each 
of  said  counties;  or  if  no  newspaper  be  published  therein, 
then  by  posting  such  notice  for  the  same  time  in  at  least 
three  public  places  in  said  district,  and  in  case  of  the 
posting  of  said  notices,  one  of  said  notices  must  be  so 
posted  on  the  lands  proposed  to  be  excluded.  The  notice 
shall  state  the  Uiing  of  such  petition,  the  names  of  the 
petitioners,  a  description  of  the  lands  mentioned  in  said 
petition,  and  the  prayer  of  said  petition;  and  it  shall  notify 
all  persons  interested  in,  or  who  may  be  affected  by  such 
change  of  the  boundaries  of  the  district,  to  appear  at  the 
office  of  said  board  at  a  time  named  in  said  notice,  and 
show  cause,  in  writing,  if  any  they  have,  why  the  change 
of  the  boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.  The  time  to  be  specified 
in    the    notice    at    which    they    shall    be    required    to    show 


SSJ  iftfttGATtON.  Act  1726,  §§  77,  78 

cause  shall  be  the  regular  meeting  of  the  board  next  after 
the  expiration  of  the  time  for  the  publication  of  the  notice. 

Sec.  77.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  notice,  or  at  the  time  or  times  to  which 
the  hearing  of  said  petition  may  be  adjourned,  shall  pro- 
ceed to  hear  the  petition,  and  all  evidence  or  proofs  that 
may  or  shall  be  introduced  by  or  on  behalf  of  the  peti- 
tioner or  petitioners,  and  all  objections  to  such  petition 
that  may  or  shall  be  presented  in  writing  by  any  person 
showing  cause  as  aforesaid,  and  all  evidence  and  proofs 
that  may  be  introduced  in  support  of  such  objections- 
Such  evidence  shall  be  taken  down  in  shorthand,  and  a 
record  made  thereof  and  filed  with  the  board.  The  failure 
of  any  person  interested  in  said  district,  other  than  the 
holders  of  bonds  thereof  outstanding  at  the  time  of  the 
filing  of  said  petition  with  said  board,  to  show  cause,  in 
writing,  why  the  tract  or  tracts  of  land  mentioned  in  said 
petition  should  not  be  excluded  from  said  district,  shall 
be  deemed  and  taken  as  an  assent  by  him  to  the  exclusion 
of  such  tract  or  tracts  of  land,  or  any  part  thereof,  from 
said  district;  and  the  filing  of  such  petition  with  said 
board,  as  aforesaid,  shall  be  deemed  and  taken  as  an 
assent  by  each  and  all  such  petitioners  to  the  exclusion 
from  such  district  of  the  lands  mentioned  in  the  petition, 
or  any  part  thereof.  The  expenses  of  giving  said  notice 
and  of  the  aforesaid  proceeding  shall  be  paid  by  the  person 
or  persons  filing  such  petition. 

Sec.  78.  If,  upon  the  hearing  of  any  such  petition,  no 
evidence  or  proofs  in  support  thereof  be  introduced,  or  if 
the  evidence  fail  to  sustain  said  petition,  or  if  the  board 
deem  it  not  for  the  best  interests  of  the  district  that  the 
lands,  or  some  portion  thereof,  mentioned  in  the  petition, 
should  be  excluded  from  the  district,  the  board  shall  order 
that  said  petition  be  denied  as  to  such  lands;  but  if  the 
said  board  deem  it  for  the  best  interests  of  the  district 
that  the  lands  mentioned  in  the  petition,  or  some  portion 
thereof,  be  excluded  from  the  district,  and  if  no  person  in- 
terested in  the  district  show  cause,  in  writing,  why  the 
said  lands,  or  some  portion  thereof,  should  not  be  excluded 
from  the  district,  or  if,  having  shown  cause,  withdraws  the 
same,  or  upon  the  hearing  fails  to  establish  such  objections 
as  he  may  have  made,  then  it  shall  be  the  duty  of  the 
board  to,  and  it  shall  forthwith,  make  an  order  that  the 
lands  mentioned  and  described  in  the  petition,  or  some 
defined  portion  thereof,  be  excluded  from  said  district; 
provided,    that    it    shall    be    the    duty   of    said   board    to    so 


Act  1726,  §§  79,  80  IRRIGATION.  534 

order,  upon  petition  therefor  as  aforesaid,  that  all  lands 
so  petitioned  to  be  excluded  from  said  district  shall  be 
excluded  therefrom  which  cannot  bo  irrigated  from,  or 
which  are  not  susceptible  to,  or  would  not,  by  reason  of 
being  permanently  devotf d  to  as<  B  other  than  agricultural, 
horticultural,  vitieultural,  er  grazing,  be  directly  benefited 
by  the  actual  irrigation  of  the  same  from  a  common  sourc-, 
or  by  the  same  system  of  works  with  the  other  lands  or 
said  district,  or  from  the  source  selected,  chosen,  or  pro- 
vided, or  the  system  adopted  for  the  irrigation  of  the  lands 
of  said  (Jistrict,  or  which  ore  already  irrigated  or  entitl  d 
to  be  irrigated,  from  another  source  or  by  another  system 
of  irrigation  works.      (Am'd.  1905,  27.) 

Sec.  79.  If  there  be  outstanding  bonds  of  the  district 
at  the  time  of  the  filing  of  said  petition,  the  holders 
of  such  outstanding  bonds  may  give  their  assent,  in  writ- 
ing, to  the  effect  that  they  severally  consent  that  the  lands 
mentioned  in  the  petition,  or  such  portion  thereof  as  me/y 
be  excluded  from  said  district  by  order  of  said  board,  or 
the  deeree  of  the  superior  count  as  hereinafter  provided, 
may  be  excluded  from  the  district;  and  if  said  lands,  or 
any  portion  thereof,  be  thereafter  excluded  from  the  dis- 
trict, the  lands  so  excluded  shall  be  released  from  the 
lien  of  such  outstanding  bonds.  The  assent  must  be  ac- 
knowledged by  the  Bev«  ral  holders  of  such  bonds  in  the 
same  manner  and  form  as  is  requixi  d  in  case  of  a  con- 
veyance of  land,  and  the  acknowledgment  shall  have  the 
same  force  and  effect  as  evidence  as  the  acknowledgment 
of  such  conveyance.  The  assent  shall  be  filed  with  the 
board,  and  must  be  recoidrd  in  the  minutes  of  the  board; 
ami  said  minutes,  or  a  copy  thereof,  certified  by  the  secre- 
tary of  said  board,  shall  be  admissible  in  evidence,  with 
the  same  effect  as  the  a&dd  assent,  and  such  certified  copy 
thereof  may  be  recorded  in  the  office  of  the  county  re- 
corder   of    the    county    wherein    said    lands    are    situat<d. 

Sec.  80.  In  the  event  the  said  board  of  directors  shall 
exclude  any  lands  from  said  district  upon  petition  there  for, 
it  shall  be  the  duty  of  the  board  of  directors  to  make 
an  entry  in  the  .  minutes  of  the  board,  describing  the 
boundaries  of  the  district,  should  the  exclusion  of  said 
lands  from  said  district  change  the  boundaries  of  said 
district,  and  for  that  purpose  the  board  may  cause  a 
survey  to  be  made  of  such  portions  of  the  district  as  the 
hoard    may    deem    in  and    a    certified    copy    of    the 

entry  in  the  minutes  of  the  board  excluding  any  land,  Ci  r- 
tified    by    the    president    and    secretary    of    the    board,    shall 


535  IRRIGATION.  Act  1326,  |j . 

be  filed  for  record  in  the  recorder's  office  of  each  counly 
within  which  are  situated  any  of  the  lands  of  the  district; 
but  said  district,  notwithstanding  such  exclusion,  shall  be 
and  remain  an  irrigation  district  as  fully,  to  every  intent 
and  purpose,  as  it  would  be  had  no  change  been  made 
in  the  boundaries  of  the  district,  or  had  the  lands  excluded 
therefrom  never  constituted  a  portion  of  the  district. 

Sec.  81.  If  the  lands  excluded  from  any  district  under 
this  act  shall  embrace  the  greater  portion  of  any  division 
or  divisions  of  such  district,  then  the  office  of  director 
for  such  division  or  divisions  shall  become  and  be"  vacant 
at  the  expiration  of  ten  days  from  the  final  order  of  the 
board  excluding  said  lands;  and  such  vacancy  or  vacancies 
shall  be  filled  by  appointment  by  the  board  of  supervisors 
of  the  county  where  the  office  of  such  board  is  situated, 
from  the  district  at  large.  A  director  appointed  as  above 
provided,  shall  hold  his  office  until  the  next  regular  elec- 
tion for  said  district,  and  until  his  successor  is  elected 
and  qualified. 

Sec.  82.  At  least  thirty  days  before  the  next  genera] 
election  of  such  district,  the  board  of  directors  thereof 
shall  make  an  order  dividing  said  district  into  three  or 
five  divisions,  as  the.  case  may  require,  as  nearly  equal 
in  size  as  may  be  practicable,  which  shall  be  numbered 
first,  second,  third,  and  so  on,  and  one  director  shall  be 
elected  by  each  division.  For  the  purposes  of  elections 
in  such  district,  the  said  board  of  directors  must  establish 
a  convenient  number  of  election  precincts,  and  define  the 
boundaries  thereof,  which  said  precincts  may  be  changed 
from  time  to  time,  as  the  board  of  directors  may  deem 
necessary. 

Sec.  83.  A  guardian  and  executor,  or  an  administrator 
of  an  estate,  who  is  appointed  as  such  under  the  laws  of 
this  state,  and  who,  as  such  guardian,  executor,  or  ad- 
ministrator, is  entitled  to  the  possession  of  the  lands 
belonging  to  the  estate  which  he  represents,  may,  on 
behalf  of  his  ward,  or  the  estate  which  he  represents, 
upon  being  thereto  properly  authorized  by  the  proper 
court,  sign  and  acknowledge  the  petition  in  this  act 
mentioned,  and  may  show  cause,  as  in  this  act  provided, 
why  the  boundaries  of  the  district  should  not  be  changed. 

Sec.  84.  Nothing  in  this  act  provided  shall,  in  any 
manner,  operate  to  release  any  of  the  lands  so  excluded 
from   the   district  from   any   obligation   to   pay,   or  any   lien 


. 


Act  1726,  §§  85.  66  IRRIGATION.  55C 

thereon,  of  any  valid  outstanding  bonds  or  other  indebted- 
ness of  said  district  at  the  time  of  the  filing  of  said  peti- 
tion for  the  exclusion  of  said  lands,  but  upon  tin  contrary, 
said  lands  shall  be  held  subject  to  said  lien,  and  answer- 
able and  chargeable  for  and  with  the  payment  and  dis- 
charge of  all  of  said  outstanding  obligations  at  the  time 
of  the  filing  of  the  petition  for  the  exclusion  of  said  land, 
as  fully  as  though  said  petition  for  such  exclusion  wer.> 
never  filed  and  said  order  or  decree  of  exclusion  never 
made;  and  for  the  purpose  of  discharging  such  outstand- 
ing indebtedness,  said  lands  so  excluded  shall  be  deemed 
and  considered  as  part  of  said  irrigation  district  the  same 
as  though  said  petition  for  its  exclusion  had  never  been 
filed  or  said  order  or  decree  of  exclusion  never  made; 
and  all  provisions  which  may  have  been  resorted  to  to 
compel  the  payment  by  said  lands  of  its  quota  or  portion 
of  said  outstanding  obligations,  had  said  exclusion  never 
been  accomplished,  may,  notwithstanding  said  exclusion, 
be  resorted  to  to  compel  and  enforce  the  payment  on  the 
part  of  said  lands  of  its  quota  and  portion  of  said  out- 
standing obligation  of  said  irrigation  district  for  which 
it  is  liable,  as  herein  provided.  But  said  land  so  excluded 
shall  not  be  held  answerable  or  chargeable  for  any  obliga- 
tion of  any  nature  or  kind  whatever,  incurred  after  tlnj 
tiling  with  the  board  of  directors  of  said  district  of  the 
petition  for  the  exclusion  of  said  lands  from  the  said  dis- 
trict; provided,  that  the  provisions  of  this  section  shall 
not  apply  to  any  outstanding  bonds,  the  holders  of  which 
have  assented  to  the  exclusion  of  such  lands  from  said 
district,   as   hereinbefore   provided. 

INCLUSION    OF    LANDS. 

Sec.  85.  The  boundaries  of  any  irrigation  district  now 
organized  or  hereafter  organized  under  the  provisions  of 
this  act  may  be  changed  in  the  manner  herein  prescribed; 
but  such  change  of  the  boundaries  of  the  district  shall  not 
impair  or  affect  its  organization,  or  its  rights  in  or  to 
property,  or  any  of  its  rights  or  privileges  of  whatsoever 
kind  or  nature;  nor  shall  it  affect,  impair,  or  discharge 
any  contract,  obligation,  lien,  or  charge  for  or  upon  which 
it  was  or  might  become  liable  or  chargeable,  had  such 
change    of   its   boundaries   not   been    made, 

Sec.  86.  The  holder  or  holders,  of  title,  or  evidence 
of  title,  representing  one-half  or  more  of  any  body  of 
lands   adjacent    to    the    boundary    of    an    irrigation    district, 


E37  IRRIGATION.  Act  1726,  §§  87,  38 

which  are  contiguous,  and  which,  taken  together,  consti- 
tute one  tract  of  land,  may  file  with  the  board  of  directors 
of  said  district  a  petition,  in  writing,  praying  that  the 
boundaries  of  said  district  may  be  so  changed  as  to  include 
therein  said  lands.  The  petition  shall  describe  the  bound 
aries  of  said  parcel  or  tract  of  land,  and  shall  also  describe 
the  boundaries  of  the  several  parcels  owned  by  the  peti- 
tioners, if  the  petitioners  be  the  owners,  respectively,  of 
distinct  parcels,  but  such  descriptions  need  not  be  more 
particular  than  they  are  required  to  be  when  such  lands 
are  entered  by  the  county  assessor  in  the  assessment 
book.  Such  petition  must  contain  the  assent  of  the  peti- 
tioners to  the  inclusion  within  said  district  of  the  parcels 
or  tracts  of  land  described  in  the  petition,  and  of  which 
said  petition  alleges  they  are,  respectively,  the  owners; 
and  it  must  be  acknowledged  in  the  same  manner  that 
conveyances   of   land   are    required   to   be   acknowledged. 

Sec.  87.  The  secretary  of  the  board  of  directors  shall 
cause  a  notice  of  the  filing  of  such  petition  to  be  given 
and  published  in  the  same  manner  and  for  the  same  time 
that  notices  of  special  elections  for  the  issue  of  bonds 
are  required  by  this  act  to  be  published.  The  notice  shall 
state  the  filing  of  such  petition  and  the  names  of  the 
petitioners,  a  description  of  the  lands  mentioned  in  said 
petition,  and  the  prayer  of  said  petition;  and  it  shall  notify 
all  persons  interested  in,  or  that  may  be  affected  by  such 
change  of  the  boundaries  of  the  district,  to  appear  at  the 
office  of  said  board,  at  a  time  named  in  said  notice,  and 
show  cause  in  writing,  if  any  they  have,  why  the  change 
in  the  boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.  The  time  to  be  specified 
in  the  notice  at  which  they  shall  be  required  to  show 
cause  shall  be  the  regular  meeting  of  the  board  next  after 
the  expiration  of  the  time  for  the  publication  of  the  notice. 
The  petitioners  shall  advance  to  the  secretary  sufficient 
money  to  pay  the  estimated  costs  of  all  proceedings  under 
this  act. 

Sec.  88.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  said  notice,  or  at  such  other  time  or 
times  to  which  the  hearing  of  said  petition  may  be  ad- 
journed, shall  proceed  to  hear  the  petition,  and  all  the 
objections  thereto,  presented  in  writing  by  any  person 
showing  cause  as  aforesaid  why  said  proposed  change  of 
the    boundaries    of    the    district    should    not    be    made.     The 


Act  1726,   §§  89-91  IRRIGATION.  538 

failure  by  any  p<  rsou  interested  in  said  district,  or  it:  the 
matter  of  the  proposed  change  of  its  boundaries,  to  show 
cause,  in  writing,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  on  his  part  to  a  change  of  the  boundaries 
of  the  district  as  prayi  d  for  in  said  petition,  or  to  such 
a  change  thereof  as  will  include  a  part  of  said  lands. 
And  the  filing  of  such  petition  with  said  board,  as  afore- 
said, shall  be  deenn  d  and  taken  as  an  assent  on  the  part 
of  each  and  all  of  such  petitioners  to  such  a  change  of 
said  boundaries  that  they  may  include  the  whole  or  any 
portion    of    the    lands    described    in    said    petition. 

Se«.  S9.  The  hoard  of  directors  to  whom  such  petition 
is  presented,  may  require,  ns  a  condition  precedent  to  the 
granting  of  tin  Bame,  that  the  petitioners  shall  severally 
pay  to  sucli  district  such  respective  sums,  as  nearly  as 
the  same  can  be  estimated  (the  several  amounts  to  be 
determined  by  the  board),  as  said  petitioners  or  their 
grantors  would  have  been  required  to  pay  to  such  district 
as  assessments,  had  such  lands  been  included  in  such  dis- 
trict   at    the    time    the    same    was    originally    formed.        " 

90.     The  board  of  directors,  if  they  deem  it  not  for 

the  best  interests  of  the  district  that  a  change  of  it.< 
boundaries  be  so  made  as  to  include  therein  the  lands 
mentioned  in  the  petition,  shall  order  that  the  petition 
be  rejected.  But  if  they  deem  it  for  the  best  interests 
of  the  district  that  the  boundaries  of  said  district  be 
changed,   and   if    no    person    U  in    said    district   or    the 

proposed  change  of  its  boundaries  shows  cause,  in  writing, 
why  the  proposed  change  should  not  be  made,  or  if,  hav- 
ing shown  cause,  withdraws  the  same,  the  board  may 
order  that  the  boundaries  of  the  district  be  so  changed  as 
io  include  therein  the  lands  mentioned  in  said  petition  or 
some  part,  thereof.  The  order  shall  describe  the  bound- 
aries as  changed,  and  shall  also  describe  the  entire 
boundaries  of  the  district  as  they  will  be  after  the  change 
thereof  as  aforesaid  is  made;  and  for  that  purpose  the 
board  may  cause  a  survey  to  be  made  of  such  portions 
of    such   boundary    as    is    deemed   neeessary. 

Sec.  91.  If  any  person  interested  in  said  district,  or 
the  proposed  change  of  its  bomdari*  s,  shall  show  cause 
as  aforesaid  why  such  boundaries  should  not  be  changed, 
and  shall  not  withdraw  the  same,  and  if  the  board  of 
directors  deem  it  for  the  best  interests  of  the  district  that 
tin    boundaries   thereof  be  so  ehang«  d  as  to  include   therein 


3CS  IRRIGATION.  Act  171*6.   §5  ?--"•« 

the   lands   mentioned   in   the    petition,   or   some   part    thereof 
'he     board     shall    adont     a     resolution    to    that    p^Vot.     J] 
resolution    shall     describe    the    exterior    boundaries    of    tlv 
lands    whieh    the    board    are    of    the    opinion    should    be    in- 
cluded within  the  boundaries  of  the  district  when   changed. 

Sec.  92.  Upon  the  adoption  of  the  resolution  mentioned 
in  the  last  preceding  section,  the  board  shall  order  that 
an  election  be  held  within  said  district,  to  determine 
whether  the  boundaries  of  the  district  shall  be  changed  as 
mentioned  in  said  resolution;  and  shall  fix  the  time  at 
which  such  election  shall  be  held,  and  cause  notice  thereof 
to  be  given  and  published.  Such  notice  shall  be  given 
and  published,  and  such  election  sh£ll  be  held  and  con 
ducted,  the  returns  thereof  shall  be  made  and  canvassed, 
and  the  result  of  the  election  ascertained  and  declared, 
and  all  things  pertaining  thereto  conducted  in  the  manner 
prescribed  by  said  act  in  case  of  a  special  election  to 
determine  whether  bonds  of  an  irrigation  district  shall  be 
issued.  The  ballots  cast  at  said  election  shall  contain 
the  words  "For  change  of  boundary,"  or  "Against  change 
of  boundary,"  or  words  equivalent  thereto.  The  notice 
of  election  shall  describe  the  proposed  change  of  the 
boundaries  in  such  manner  and  terms  that  it  can  readily 
be   traced. 

Sec.  93.  If  at  such  election  a  majority  of  all  the  votes 
cast  at  said  election  shall  be  against  such  change  of  the 
boundaries  of  the  district,  the  board  shall  order  that  said 
petition  be  denied,  and  shall  proceed  no  further  in  that 
matter.  But  if  a  majority  of  such  votes  be  in  favor  of  such 
change  of  the  boundaries  of  the  district,  the  board  shall 
thereupon  order  that  the  boundaries  be  changed  in  accord- 
ance with  said  resolution  adopted  by  the  board.  The  said 
order  shall  describe  the  entire  boundaries  of  said  district, 
and  for  that  purpose  the  board  may  cause  a  survey  of  such 
portions  thereof  to  be  made  as  the  board  may  deem  neces- 
sary. 

Sec.  94.  Upon  a  change  of  the  boundaries  of  a  district 
being  made,  a  copy  of  the  order  of  the  board  of  directors 
ordering  such  change,  certified  by  the  president  and  sec- 
retary of  the  board,  shall  be  filed  for  record  in  the  re- 
corder's office  of  each  county  within  which  are  situated 
any  of  the  lands  of  the  district,  and  thereupon  the  district 
shall     be    and    remain    an    irrigation    district,    as    fully,    and 


Act  1726,  §§  95-9S  IRRIGATION.  MO 

to  every  intent  and  purpose,  as  if  the  lands  which  arc 
included  in  the  district  by  the  change  of  the  boundaries, 
as  aforesaid,  had  been  included  therein  at  the  original 
organization  of   the   district. 

Sec.  95.  Upon  the  filing  of  the  copies  of  the  order,  as 
in  the  last  preceding  section  mentioned,  the  secretary  shall 
record  in  the  minutes  of  the  board  the  petition  aforesaid; 
and  the  said  minutes,  or  a  certified  copy  thereof,  shall  be 
admissible  in  evidence,  with  the  same  effect  as  the  peti- 
tion. 

Sec.  96.  A  guardian,  an  executor,  or  an  administrator 
of  an  estate,  who  is  appointed  as  such  under  the  laws 
of  this  state,  and  who,  as  such  guardian,  executor,  or  ad- 
ministrator, is  entitled  to  the  possession  of  the  lands  be- 
longing to  the  estate  which  he  represents,  may,  on  behalf 
of  his  ward,  or  the  estate  which  he  represents,  upon  being 
thereunto  authorized  by  the  proper  court,  sign  and  ac- 
knowledge the  petition  in  this  act  mentioned,  and  may 
show  cause,  as  in  this  act  mentioned,  why  the  boundaries 
of    the    district    should    not    be    changed. 

Sec.  97.  In  case  of  the  inclusion  of  any  land  within 
any  district  by  proceedings  under  this  act,  the  board  of 
directors  must,  at  least  thirty  days  prior  to  the  next  suc- 
ceeding general  election,  make  an  order  redividing  such 
district  into  three  or  five  divisions,  as  the  rase  may  re- 
quire, as  nearly  equal  the  size  as  may  be  practicable,  which 
shall  be  numbered  first,  second,  third,  and  so  on,  and 
one  director  shall  thereafter  be  elected  by  each  division. 
For  the  purposes  of  elections,  the  board  of  directors  must 
establish  a  convenient  number  of  election  precincts  in 
said  districts,  and  define  the  boundaries  thereof,  which 
said  precincts  may  be  changed  from  time  to  time,  as  the 
board  may  deem  necessary. 

REDUCTION  OF  BONDED  INDEBTEDNESS. 

Sec.  98.  "Whenever  the  board  of  directors  of  an  irriga- 
tion district  heretofore  organized,  or  hereafter  organized 
under  the  provisions  of  this  act,  shall  determine  that  the 
authorized  bonded  indebtedness  of  such  Lrr;  ;ation  district 
is  greater  than  such  district  is  liable  to  need  to  complete 
its  system  as  planned,  and  there  be  no  outstanding  bonds, 
the  board  of  directors  may  call,  a  special  election  for  the 
purpose  of  voting  upon  a'  proposition  to  reduce  such  bonded 


541  IRRIGATION.  Act  1726,  §§  99-1C0 

indebtedness  to  such  sum  as  the  board  may  determine  to  be 
sufficient  for  such  purpose. 

Sec.  99.  Notice  of  the  said  election  shall  be  given  in 
the  same  manner  as  provided  in  section  thirty  of  said  act, 
in  relation  to  calling  special  elections  for  issuance  of 
bonds.  The  notice  of  election  must  state  the  amount  of  the 
authorized  bonded  indebtedness  of  such  district,  and  the 
amount  to  which  it  is  proposed  to  reduce  the  same;  also, 
the  date  on  which  said  election  will  be  held,  and  the 
polling-places,  as  established  by  said  board  of  directors. 
The  ballots  cast  at  said  election  shall  contain  the  words_ 
"For  reducing  bonds — Yes,"  or,  "For  reducing  bonds — 
Mo."  When  the  vote  is  canvassed  by  the  board  of  di- 
rectors and  entered  of  recftrd,  if  a  majority  of  the  votes 
cast  shall  be  "For  reducing  bonds — Yes,"  then  in  that 
event  the  board  of  directors  shall  only  be  empowered  to 
issue  or  sell  such  amount  of  bonds  as  was  stipulated  in 
the  said  notice  of  such  special  election;  but  if  a  majority 
of  said  votes  are  not  "For  reducing  bonds — Yes,"  then 
the  authority  to  issue  bonds  shall  remain  the  same  as  be- 
fore   said    special    election    was    held. 

Sec.  99y2.  In  case  there  be  outstanding  bonds  of  any 
district  desiring  to  take  advantage  of  the  provisions  of 
this  act  concerning  reduction  of  bonded  indebtedness, 
the  assent  of  such  bondholders  may  be  obtained  to  such 
reduction  of  the  bonded  indebtedness,  in  the  same  man- 
ner as  provided  in  section  seventy-nine  of  this  act.  If 
such  assent  is  obtained  in  the  manner  therein  provided, 
then,  and  in  that  event,  such  district  shall  be  empowered 
to  take  advantage  of  all  the  provisions  of  this  act,  but 
not  otherwise.  No  reduction  of  the  bonded  indebtedness, 
as  in  this  act  provided,  shall  in  any  manner  affect  any 
order  of  court  that  may  have  been  made,  adjudicating  and 
confirming  the  validity  of  said  bonds. 

LEASE  OF  WATEE. 
Sec.  100.  Whenever  any  irrigation  district,  heretofore 
organized,  or  hereafter  organized  under  the  provisions  of 
this  act,  in  the  development  of  its  works  as  by  law  pro- 
vided, may  have  opportunity,  without  increased  expen- 
diture, to  utilize  the  water  by  it  owned  or  controlled,  for 
mechanical  purposes  not  inconsistent  with  the  provisions 
of  said  act,  the  board  of  directors  may  lease  the  same, 
as  in  this  act  hereinafter  provided. 


,  SS  101-10."  IRRIGATION.  54J 

Sec.    10L     Whenever   the  board   of  directors   may   desire 

to    lease    th<     use    of    water,    as    hcreiub.  fore    stated,    they 

shall    pass    B    resolution    of    intention    to    So    lease    the    same. 

Immediately    thereafter    the    secretary    shall    cause    notice 

neb    intention    to    be    gTV<  n    by    publication    in    one    news- 

r    published     in    each    eounty     in    which   lands    of   the 

district  ai  r  at  least  twenty  days  (provided,  a 

newspaper    is    published    therein,    otherwise    in    any    news- 

t  the  board  ol  directors  may  select),  and,  if  the  board 

thinks  proper  in  such  other  newspapers  as  may  be  ill  rined 
advisable,    calling    fet    bids     for    the  of   said    water 

tor  the  purposes  hereinbefore  mentioned  Baid  notice 
shall  state  that  the  board  will  reci  ive  sealed  proposals 
therefor,  that  the  lease  will  be  let  to  the  highest  respon- 
sible bidder,  stating  the  time  and  place  of  opening  said 
proposals. 

.     102.       At    the    tinir    and    place     appointed     the     board 

shall  proceed  to  open  the  proposals  in  public  As  soon 
thereafter  as  may  be  oomvenieat  the  beard  shall  let  said 
Lease  in  portions,  or  as  a  whole,  to  the  highest  responsible 
bidder,   or    tiny    may    reject    :my    or   all    bids,    and    read\a  rtiso 

for  proposa Is  for  t he  same. 

\  103.  The  rental  accruing  upon  said  lease  may  vary 
from  year  to  rear,  as  slmll  be  specified  in  said  lease,  and 
ihall  be  payable  semi  annua  llv,  ofl  the  thirteenth  day  of  De- 
cember and  thirtieth  day  of  dune  of  each  year.  All  moneys 
Collected,    as    in    this    act     provided,    shall    be    paid     into    tin 

treasury,    and    be    apportioned    to    such    funds    as    may    he 

deemed    advisable. 

Si  c.    10t.       The    bi  ard    shall    have    power,    as     in     this    act 

provided,   to  execute   a   lease   for  any   period   not    exceeding 

twenty-five  years.  Tf  at  any  time  tin  rental  shall  not  be 
paid    on    the   days   hereinbefen     mentioned,   the   amount   of 

Such  rental  then  due  shall  be  doubled,  and   if  not   paid   within 

ninety  days   thereafter,  the  said   lea*    Email  be  forfeited  to 

said  district,  together  with  any  and  all  works  constructed, 
owned,    used,    or   controlled    by    said    lessee. 

Sec.  105.  bpon  the  letting  of  any  lease,  as  in  this  act 
provided,  the  board  may  require  the  les>.  e  to  execute  a 
bond  for  the  faithful  performance  of  the  covenants  of  said 
lease,  or  give  such  other  evidence  of  good  faith  as  in  their 
judgment   may  be  necessary. 


'M  IRRIGATION.  Act  1726.  §§  106-1  j< 

DESTRUCTION  OF  UNSOLD  BONDS. 
Sec.  106.  Whenever  there  remains  in  the  hands  of  the 
board  of  directors  of  any  irrigation  district  heretofore 
organized,  or  organized  under  the  provisions  of  this  act. 
after  the  completion  of  its  ditch  system,  and  the  payment 
of  all  demands  against  such  district,  any  bonds  voted  to 
be  issued  by  said  district,  but  not  sold,  and  not  necessary 
to  be  sold  for  the  raising  of  funds  for  the  use  of  such 
district,  said  board  of  directors  may  call  a  special  election 
for  the  purpose  of  voting  upon  a  proposition  to  destroy 
said  unsold  bonds,  or  so  many  of  them  as  may  be  deemed 
best,  or  may  submit  such  proposition  at  a  general  election. 

Sec.  107.  Such  election  shall  be  held  in  the  same 
manner  as  other  elections  held  under  the  provisions  ot 
this  act.  A  notice  of  such  election  shall  be  given  in  the 
same  manner  as  provided  in  section  thirty  of  this  act  in 
relation  to  calling  special  elections  for  the  issuance  of 
bonds.  The  notice  of  election  must  state  the  amount  of 
the  bonded  indebtedness  of  such  district  authorized  by 
the  vote  of  the  district,  the  amount  of  the  bonds  remain- 
ing unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  hi  held, 
and  the  polling-places  as  fixed  by  the  board  of  directors. 
The  ballots  to  be  cast  at  such  election  shall  contain  the 
words  "For  destroying  bonds — Yes,"  and  "For  destroying 
bonds — No,"  and  the  voter  must  erase  the  word  "No"  in 
ease  he  favors  the  destruction  of  bonds,  otherwise  the  word 
"Yes." 

Sec.  108.  When  th>.  vote  is  canvassed  by  the  board 
of  directors  and  entered  of  record,  if  a  two-thirds  majority 
of  the  votes  cast  should  be  found  to  be  in  favor  of 
the  destruction  of  such  bonds,  then  the  president  of  the 
board,  in  the  presence  of  a  majority  of  the  members  of  the 
board,  must  destroy  the  bonds  so  voted  to  be  destroyed; 
and  the  total  amount  of  bonels  so  destroyed  and  canceled 
shall  be  deducted  from  the  sum  authorized  to  be  issued  by 
the  electors  of  said  district,  and  no  part  thereof  shall 
thereafter  be   reprinted   or   reissued. 

SAVING    CLAUSES. 
Sec.   109.     Nothing    in    this    act    shall    be    so    construed 
as  to  affect  the  validity  of  nny  district  heretofore  organized 
under  the  laws  of  this  state,  or  its  rights  in  or  to   nrop<  riy, 


Act  17-7,  §  1  IRRIGATION.  644 

or  any  of  its  rights  or  privileges  of  whatsoever  kind  or 
nature;  but  said  districts  arc  hereby  made  subject  to  the 
provisions  of  this  act  so  far  as  applicable;  nor  shall  it 
affect,  impair,  or  discharge  any  contract,  obligation,  lien, 
or  charge  for,  or  upon  which  it  was  or  might  become 
liable  or  chargeable  had  not  this  act  been  passed;  nor 
shall  it  affect  the  validity  of  any  bonds  which  have  bi  i  n 
issued  but  not  sold;  nor  shall  it  effect  any  action  which  now 
may   be    pending. 

Sec.  110.  Nothing  in  this  act  shall  be  construed  as  re- 
pealing or  in  any  wise  modifying  the  provisions  of  any 
other  act  relating  to  the  subject  of  irrigation  or  water  com- 
missioners,  i  x--.pt  Bueh  as  may  be  contained  in  the  act, 
an  act  entitled  an  act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for  tie- 
acquisition  of  water  and  other  property,  and  for  the  distri- 
bution of  water  thereby  for  irrigation  purposes,  approved 
March  seventh,  eight)  en  hundn  d  and  eighty-s<  veil,  and  the 
subsequent  acts  supplementary  thereto,  and  amendatory 
thereof,  all  of  which  acts,  so  far  as  they  may  be  incon- 
sistent  herewith,  are  hereby  repealed. 

Sec.  111.  This  act  shall  take  effect  from  and  after  its 
passage  and  approval. 

ACT  1727. 

An  act  to  provide  for  the  issue  and  sale  or  exchange  of  fund- 
ing bonds  of  irrigation  dial  nized  under  and  in 
pursuance  of  an  act  of  the  legislature  of  the  state  of 
California  entitled  "An  act  to  provide  for  the  organiza- 
tion and  government  of  irrigation  districts,  and  to  pro- 
vide for  t lie  acquisition  of  water  and  other  property,  ami 
for  the  distribution  of  water  thereby  for  irrigation  pur- 
poses,'' approved  March  7,  1887,  to  provide  for  the  pay- 
ment of  such  bonds,  and  for  proceedings  to  test  the  \  ar- 
idity of  the  same. 

[Approved  April  1,   1897.    Stats.    1897,  p.  394.] 

Amended   1901,   514.     Sees.    5-10   repealed    1901,    514. 

The  people  of  the  state  of   California,   represented   in   senate 
and  assembly,  do  enact   as  follows': 
Section     1.      Whenever     an     irrigation     district      Organized 
under   tie-   ■  of  an  act    entitled  "An   act 

for   the    organization    and    government    of    irrigation    <i 


B45  IRRIGATION.  Act  1727,  §  5  2-* 

and  to  provide  for  the  acquisition  of  water  and  other  prop- 
erty, and  for  the  distribution  of  water  thereby  for  irriga- 
tion purposes,"  approved  March  seventh,  eighteen  hundred 
and  eighty-seven,  or  said  act  and  the  acts  supplementary 
thereto,  or  amendatory  thereof,  has  outstanding  bonds, 
coupons,  or  other  evidences  of  indebtedness,  the  payment 
thereof  may  be  provided  for  by  the  issuance  of  new  bonds, 
in   the   manner   hereinafter   prescribed. 

Sec.  2.  A  majority  in  number  of  the  holders  of  title,  or 
evidences  of  title  to  real  property  in  any  irrigation  district, 
subject  to  assessment,  such  holders  of  title,  or  evidences  of 
title,  representing  a  majority  in  value  of  the  real  property  of 
such  district  according  to  the  equalized  assessment  roll  or 
rolls  of  such  district  for  the  year  last  preceding,  may  propose 
the  funding  of  such  bonds,  coupons,  or  other  evidences  of  in- 
debtedness. Said  equalized  assessment  roll  or  rolls  shall  be 
sufficient  evidence  of  title  for  the  purposes  of  this  act. 

Sec.  3.  In  order  to  propose  the  funding  of  such  bonds, 
coupons,  or  other  evidences  of  indebtedness,  a  petition  shall 
be  presented  to  the  board  of  directors  of  such  irrigation  dis- 
trict, signed  by  a  majority  in  number  of  holders  of  title,  or 
evidences  of  title  to  real  property  in  such  district,  and  repre- 
senting a  majority  in  value  of  the  real  property  of  said  dis- 
trict, subject  to  assessment  for  district  purposes,  which  peti- 
tion shall  set  forth  the  amount  of  bonds,  coupons,  or  other  evi- 
dences of  indebtedness  proposed  to  be  funded,  together  with  a 
general  description  of  same,  also  the  total  amount  of  the 
bonds  sought  to  be  issued  (provided,  that  said  amount  shall 
in  no  case  be  greater  than  the  total  amount  of  bonds,  cou- 
pons, and  other  evidences  of  indebtedness  then  outstanding 
and  sought  to  have  funded),  together  with  a  full  and  com- 
plete statement  of  the  purposes  for  which  such  bonds  are 
to  be  used.  On  presentation  of  such  petition,  the  same  shall 
be  entered  in  full  on  the  minutes  of  the  board. 

Sec.  4.  Immediately  after  the  recording  of  said  petition 
the  board  of  directors  shall  call  a  special  election,  at  which 
shall  be  submitted  to  the  electors  of  such  district  the  question 
whether  or  not  the  bonds  of  such  district,  in  the  amount  set 
forth  in  said  petition,  shall  be  issued.  Notice  of  such  elec- 
tion must  be  given  by  the  secretary  of  said  district  by  post- 
ing notices  in  three  public  places  in  each  election  precinct 
in  said  'district  for  at  least  twenty  days,  and  also  by  publica- 
tion of  such  notice  in  some  newspaper  published  in  the  county, 
where  the  office  of  the  board  of  directors  of  such  district  is 
Gen.  Laws — 36 


Id  1727,  §§  5-12  IRRIGATION.  5*8 

required  to  l>e  kept,  oac<  b  week  for  at  least  three  successive 
weeks  before  such  election.  Such  notice  must  specify  the 
lime  of  holding  tie  elect  ion,  the  amount  of  bonds  proposed  to 
be  issued,  the  amount  of  bonds,  coupons,  or  other  evidences  of 
Silliness  proposal  to  be  refunded,  together  with  a  gen- 
eral description  of  the  same.  Said  election  shall  be  held  and 
the    r>Mdt    thenar'   determined    and    declared    in    all    respects   as 

rly    as    practicable    i mformitv    with    the    provisions    gov- 

erning  the  election  of  officers;  as  provided  by  the  law  govern- 
ing irrigation  distri<'ts  at  the  time  of  the  holding  of  the  elec- 
tion herein  provided  for;  provided,  that  no  informalities  in 
conducting  race  an  election  shall  invalidate  the  same,  if  the- 
election  shall   have  been  otherwise   Fairly  conducted.     At  such 

election  the  ballot  shall  contain  the  words  "Bonds — Y 
or  "Bonds — No,"  or  words  equivalent  thereto.  If  two 
thirds  of  the  votes  cast  at  such  election  are  "  Bonds— Yes,  " 
the  board  of  directors  shall  direct  and  cause  bonds  in  Wld 
amount  to  be  issued.  Tf  more  than  one  third  of  the  votes  cast 
at  such  "lection  are  "Bonds — No,''  the  result  of  such  election 
shall  be  so  declared.  The  result  in  either  ease  shall  be  duly 
entered  of  record.  [Amendment  approved  March  16,  1901. 
Stats.   1901,  p.   514.      In    effect    immediately.] 

Sees.  5,  ft,  7,  8,  8,  10.  Repealed.  |  Act  approved  March 
16,   1901.     Stats.    1901,   p.   515.     In   effect   immediately.] 

Sec.  11.  If  said  bonds  are  directed  to  be  issued  as  Here- 
in provided  for.  the  board  of  directors  shall  cause  the  s.rme 
to  be  issued.  Said  bonds  shall  be  made  payable  in  gold  coin 
of  the  United  States,  and  in  twei  as  follows,  to  wit: 

<  )n  the  first  day  of  January  after  the  expiration  of  twenty 
years,  five  per  cent  of  the  whole  amount  of  said  bonds,  and 
on  the  first  day  of  January  of  each  year  thereafter,  an  equal 
amount  of  such  bonds  until  all  shall  have  been  finally  paid; 
thai  is,  five  per  cenl  of  the  whole  issue  of  bonds — not  five  per 
cent  of  each  bond  -each  being  wholly  payable  when  due. 
Said  bonds  shall  bear  interest  at  the  rate  of  five  per  cent  per 
annum,  payable  semiannually  ou  the  first  <lay  of  January 
and  July  of  each  year.  They  shall  be  negotiable  in  form, 
and  shall  be  of  denominations  of  not  less  than  one  hundred 
dollars,  nor  more  than  five  hundred  dollars.  Said  bonds  shall 
in  all  respects  conform  to  the  form  of  bonds  prescribed  by  the 
laws  governing  irrigation  districts  at   the  time  of  their  issue, 

except    as    herein    otherwise    provided. 

Sec  12.  It  shall  be  unlawful  to  sell  or  exchange  any  of 
the  bonds  issued  as  herein  provided,  for  less  than  their  par 
value. 


547  IRRIGATION.  Act  1727,  §§  13,  14 

See.  13.  When  bonds  issued  under  this  act  shall  he  duly 
executed,  they  shall  be  deposited  with  the  treasurer  of  the 
district,  and  his  reeeipt  shall  be  taken  therefor,  and  he  shall 
be  charged  with  the  same  on  his  official  bond,  and  shall  have 
no  power  to  deliver  the  same  in  exchange  for  any  bonds  or 
indebtedness  proposed  to  be  funded  until  the  bonds  or  evi- 
dence of  indebtedness  proposed  to  be  funded  shall  have  been 
surrendered  to  him,  and  he  shall  have  been  ordered  by  the 
board  of  directors  of  the  district,  by  an  order  duly  entered  on 
their  records,  to  make  such  delivery.  When  such  bonds  have 
been  exchanged  for  other  bonds,  coupons,  or  other  evidences 
of  indebtedness,  the  treasurer  shall  at  once  cancel  such  other 
bonds,  coupons,  ot  other  evidences  of  indebtedness  by  writing 
across  the  face  thereof  "Canceled,"  and  the  date  of  cancella- 
tion, and  report  the  same  with  his  monthly  report  to  the 
board  of  directors  of  the  district,  designating  the  bond,  cou- 
pon, or  other  evidence  of  indebtedness,  so  that  it  can  be 
identified,  the  date  of  cancellation,  and  the  person  from  whom 
it  was  received,  together  with  the  amount  paid  therefor,  or 
the  terms  of  exchange,  in  case  there  is  an  exchange. 

Sec.  14.  When  said  bonds  are  issued  for  the  purpose  of 
sale  to  the  highest  bidder,  the  board  may  sell  said  bonds 
from  time  to  time,  in  such  quantities  as  may  be  necessary 
and  most  advantageous,  to  raise  money  to  pay  bonds,  cou- 
pons, or  other  evidences  of  indebtedness  of  the  district  which 
were  outstanding  at  the  time  of  the  filing  of  said  petition, 
and  generally  described  therein.  Before  making  any  sale, 
the  board  shall  at  a  meeting,  by  resolution,  declare  its  inten- 
tion to  sell  a  specified  amount  of  bonds,  which  resolution 
shall  be  entered  in  the  minutes,  and  notiee  of  the  sale  shall  be 
given  by  publication  thereof  for  at  least  three  weeks  in  a 
newspaper  published  in  the  county  in  which  the  office  of  the 
board  of  directors  is  kept.  The  notice  shall  state  that  sealed 
proposals  will  be  received  by  the  board  at  its  office  for  the 
purehase  of  bonds  till  the  day  and  hour  named  in  the  resolu- 
tion. At  the  time  appointed  the  board  shall  open  the  pro- 
posals and  award  the  purchase  of  bonds  to  the  highest  re- 
sponsible bidder,  or  may  reject  all  bids;  but  said  bonds  shall 
in  no  event  be  sold  for  less  than  their  par  value,  including 
accrued  interest.  All  moneys  realized  from  the  sale  of  bonds 
issued  under  the  provisions  of  this  act  shall  be  paid  into  the 
hands  of  the  district  treasurer,  and  by  him  kept  in  a  separate 
fund,  known  as  the  funding  fund,  and  shall  be  applied  exclus- 
ively to  the  payment  of  bonds,  coupons,  or  other  evidences  of 
indebtedness  of  the  district  outstanding  at  the  time  of  filing 
the  said  petition,  and  described  therein. 


Act  1727,  §§  15-18  IRRIGATION.  548 

Sec.  15.  At  the  time  fixed  for  the  levying  of  assessments 
for  other  purposes  authorized  by  the  district  irrigation  law 
then  in  force,  there  shall  be  levied  an  assessment  suf- 
ficient in  amount  to  pay  the  principal  and  interest  then  due 
ami  unpaid  on  any  bonds  issued  by  authority  of  this  act, 
and  also  the  amount  to  become  due  on  any  such  bonds 
•  luring  the  year  Following  such  levy.  The  assessment  so 
levied  shall  be  computed  and  entered  in  the  assessment  roll 
in  the  same  manner  and  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  other  assessments 
authorized  by  the  district  irrigation  law  then  in  rorce, 
and  when  collected,  shall  be  paid  into  the  district  treasury, 
for  the  purposes  herein  authorized:  and  all  the  provisions 
of  said  district  irrigation  law  relating  to  the  collection  of 
assessments  and  the  sale  and  redemption  of  property  there- 
for shall  be  applicable  to  the  assessments  levied  under  this 
act. 

Sec.  16.  The  bonds  issued  as  herein  provided  for  may 
be  exchanged,  at  not  leas  than  their  par  value,  for  any  of 
the  indebtedness  set  out  and  described  in  the  notice  of  the 
election  authorizing  the  issuance  of  said  refunding  bond.  A 
contract  for  such  exchange  may  be  made  by  the  board  of 
directors  upon  such  terms  as  said  board  ma}'  deem  advis- 
able; provided,  that  they  must  receive  not  less  than  the  par 
value  for  the  bonds  so  exchanged.  [Amendment  approved 
Mar.-h  ir»,  1901.    St.fs.  1901,  p.  515.    In  effect  immediately.] 

Sec.  17.  Whenever  there  remains  in  the  hands  of  the 
treasurer  of  any  district  any  funding  bonds  voted  to  be 
issnnl  by  said  district,  but  not  used,  and  not  ne< 
to  be  used  for  the  funding  purposes  set  out  and  described 
in  the  petition  for  the.  issuance  of  said  bonds,  then  said 
board  of  directors,  shall  at  a  regular  meeting,  within  three 
months  after  the  completion  of  the  funding,  cause  the  same 
to  be  destroyed  and  a  record  to  be  mad'  thereof,  and  the 
total  amount  of  bonds  so  destroyed  and  canceled  shall  be 
deducted  from  the  sum  authorized  to  be  issued  by  the  elec- 
tors of  said  district,  and  no  part  thereof  shall  be  thereafter 
reprinted  or  reissued. 

Sec.  18.  Any  bonds  issued  under  the  provisions  of  this 
act  shall  be  a  lien  upon  the  real  property  of  the  district, 
and  said  bonds  and  the  interest  thereon  shall  be  paid  by 
revenue  derived  from  an  annual  assessment  upon  the  real 
property   of   the   district,   and  all   the   real   property   in   said 


549  IRRIGATION.  Act  172b 

district  shall  be  and  remain  liable  to  be  assessed  for  such 
payments  as  hereinbefore  provided.  [Amendment  approved 
March  16,  1901.     Stats.  1901,  p.  515.     In  effect  immediately.] 

Sec.   19.     This   act   shall   take   effect   from    and   after   its 
passage. 

ACT  1728. 

An   act    to    provide   for   the   redemption    of   property   which 

has  been  heretofore  sold   to   irrigation   districts  for   de- 

liquent  assessments. 

[Approved  March    10,   1891.     Stats.    1891,   p.   53.] 

Section  1.  In  all  cases  where  property  has  heretofore 
been  sold  for  delinquent  assessments,  under  the  provisions 
of  the  act  of  March  seventh,  eighteen  hundred  and  eighty- 
seven,  providing  for  the  organization  of  irrigation  districts, 
and  an  irrigation  district  has  become  the  purchaser,  and 
has  not  disposed  of  the  same,  the  person  whose  estate 
has  been  sold,  or  his  heirs,  executors,  administrators,  or 
other  successors  in  interest,  may  redeem  such  property 
by  paying  to  the  treasurer  of  the  district  wherein  the 
property  is  situated  the  amount  of  assessments  due  thereon 
at  the  time  of  the  sale,  with  interest  thereon  at  the  rate 
of  two  per  cent  per  month;  and  also  all  assessments  that 
were  a  lien  upon  said  property  at  the  time  said  assess- 
ments became  delinquent;  and  also  for  each  year  since  the 
sale  for  which  assessments  on  said  property  have  not  been 
paid,  an  amount  equal  to  the  percentage  of  assessments 
for  that  year,  upon  the  value  of  said  real  estate  assessed 
for  the  year  of  the  sale,  with  interest  from  the  first  day 
of  January  of  each  of  said  years,  respectively,  at  the  same 
rate;  and  also  all  costs  and  expenses,  and  fifty  per  cent 
penalty,  which  may  have  accrued  by  reason  of  such  de- 
linquency and  sale,  and  the  costs  and  expenses  of  re- 
demption, as  herein  specified.  The  board  of  directors  of 
any  district  shall,  on  the  application  of  any  person  de- 
siring to  redeem  under  the  provisions  of  this  act,  make  an 
estimate  of  the  amount  to  be  paid,  and  shall,  by  a  resolu- 
tion entered  on  their  minutes,  authorize  the  treasurer  of 
the  district,  on  the  receipt  of  the  amount  determined  bv 
them,  to  give  him  triplicate  certificates  of  the  amount 
specifying  the  several  amounts  thereof,  one  of  which  cer- 
tificates shall  be  filed  with  the  secretary  of  the  district, 
one  with  the   county   recorder   of   the   county   in   which    the 


Act  tUfc  $5  1.  2  IRRIGATION.  550 

land  is  si t via 1 1  .1.  :iml  one  with  the  treasurer  of  the  dis- 
trict, to  whom  payinc nt  of  the  mom  v  shall  hi  made,  on  the 
issuance  of  said  certificates.  The'  county  recorder  shall 
be  paid  by  the  redemptioner,  fur  filing  and  recording  said 
certificate,  the  sum  of  two  dollars,  and  upon  the  filing  of 
such  receipt  with  the  recorder  any  deed  or  certificate  al 
thai   may  have  been  made  to  the  district  shall  become 

null  and  void;  and  all  right,  title,  and  interest  acquired 
by  th'  district  under  and  by  virtue  of  the  assessment  Bale 
shall  cease  and  determine.  The  receipt  of  the  treasurer  of 
the    district     herein     provided     for    shall    he    recorded     in    the 

recorder's  offi >f   the   county   in    which   said    property   is  sit- 

!.    in    the    honk    of    deeds,    and    the    record    thereof    shall 

hav.  i    •  fifed  as  that  of  a  dt  onveyance  of 

the    interest    conveyed    by    s;iid    dee,!    nr   certificate    of  sale. 
Sec.    2.     This   act  shall   take   effect  immediately. 

ACT    1729. 

An  act  to  provide  for  the  leasing  and  disposition  of  water 
for  generation  of  power  for  mechanical  purposes,  by 
irrigation  districts  organized  or  to  be  organized  under 
and  pursuant  to  an  act  entitled  "An  act  to  provide  for 

the  organization  and  government  of  irrigation  districts, 
and  to  provide  for  the  acquisition  of  water  and  other 
property,  .and  fur  the  distribution  of  water  thereby 
for  irrigation   purposes,*'  approved  March  7,   M 

[Approved  March  23,  1893.     Stats.  1893,  p.  295.] 

!<37.    J54.    spcs.    100-105,    pp.    r,4I.    541,    post. 

,n    1.      Whenever    any    irrigation    district    formed,    or 
to  be    formed,  under  and    pursuant   to   the    provisions   of  an 
entitled    "An    act    to    provide    for    the    organization    and 
.  niment    of    irrigation    districts,    and    to    provide    for    the 
!     water    and    other    property,    and    for    the    dis- 
tribution   of    water    thereby    for    irrigation    purposes,''    ap- 
proved   March    seventh,   eighteen    hundred    and    eighty  seven, 
in    the    development    <>f    its    works,    as    in    said    act    provided, 
may     have     opportunity,     without     increased     expenditure,    to 
utilize  the  water  by  il  >i    controlled  for  mechanical 

purposes  not  inconsistent  with  the  provisions  of  said  act, 
the  board  of  din  dors  may  lease  the  same,  as  in  this  acl 
hereinafter    provided 

Sec.    2.      "Win  never     the     board    of     directors     may      desire 
to    lease    the    use    of    water,   as   hereinbefore    stated,    they 


m  IRRIGATION  Act  1729.   §§-« 

shall  pass  a  resolution  of  intention  to  so  lease  the  same. 
Immediately  thereafter  the  secretary  shall  cause  notice 
of  such  intention  to  be  given  by  publication  in  one  news- 
.  paper  published  in  each  county  in  which  lands  of  the 
district  are  situated  for  at  least  tw<  nty  days  (provided, 
a  newspaper  is  published  therein,  otherwise  in  any  news- 
paper the  board  of  directors  may  select),  and  in  such  news- 
papers as  may  be  deemed  advisable,  calling  for  bids  for 
the  leasing  of  said  water  for  the  purposes  hereinbefore  men- 
tioned. Said  notice  shall  state  that  the  board  will  receive 
sealed  proposals  therefor,  that  the  lease  will  be  let  to  the 
highest  responsible  bidder,  stating  the  time  and  place  of 
opening    said    proposals. 

Sec.  3-  At  the  time  and  place  appointed  the  board 
snail  proceed  to  open  the  proposals  in  public.  As  soon  there- 
after as  may  be  convenient  the  board  shall  let  said  lease  in 
portions,  or  as  a  whole,  to  the  highest  responsible  bidder,  or 
they  may  reject  any  or  all  bids,  and  readvertise  for  proposals 

for  the   same. 

* 
Sec.  4.  The  rental  accruing  upon  said  lease  may  vary 
from  year  to  year,  as  shall  be  specified  in  said  lease,  and 
shall  be  payable  semi-annually,  on  the  thirtieth  day  of  De- 
cember and  thirtieth  day  of  June  of  each  year.  All  moneys 
collected,  as  in  this  act  provided,  shall  be  paid  into  the 
treasury,  and  be  used  in  the  manner  provided  in  section 
thirty-four  of  said  act,  except  that  the  period  of  ten  years, 
as  mentioned  in  said  section  thirty-four,  shall  not  be  ap- 
plicable to  the  provision  of  this  act;  provided,  however,  that 
if  any  coupons  on  any  outstanding  bonds  of  such  district  are 
at  any  time  due  and  payable,  and  there  shall  for  any  reason 
not  be  sufficient  funds  in  the  interest  fund  to  pay  the  same, 
the  proceeds  so  collected,  as  in  this  act  provided,  may  be 
used    to   pay   the   same. 

Sec.  5.  The  board  shall  have  power,  as  in  this  act  pro- 
vided, to  execute  a  lease  for  any  period  not  exceeding  fifty 
years.  If  at  any  time  the  rental  shall  not  be  paid  on  the 
days  hereinbefore  mentioned,  the  amount  of  such  rental  then 
due  shall  be  doubled,  and  if  not  paid  within  ninety  days 
thereafter,  the  said  lease  shall  be  forfeited  to  said  district, 
together  with  any  and  all  works  constructed,  owned,  used,  or 
controlled  by  said  lessee. 

See.  6.  Upon  the  letting  of  any  lease,  as  in  this  act 
provided,   the    board    may    require    the    lessee    to    execute    a 


Act  ::m,  §§  1-4  IRRIGATION. 

bond  for  the  payment  of  the  rental,  anil  propel  performance 
of  the  said  lease,  or  give  Buch  other  evidence  of  good  faith 
as  in   their  judgment   may  be  necessary. 

Sec.  7.     This  act  shall  take  effect  immediately. 

ACT    1730. 

An  act  declaring  upon  what  terms  contracts  between  per- 
sons, companies,  associations,  or  corporations  furnish- 
ing water  for  irrigation  to  the  consumers  of  such  water 
i|  be  valid,  and  to  provide  that  Buch  contracts  shall 
be  deemed  based  upon  sufficient  consideration. 

[Approved  March    16,    1901.     Stats.   1901,  p.  331.] 

The  people  of  the  state  of  California,  represented   in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  It  is  and  shall  bo  lawful  for  any  person,  com- 
pany, association,  or  corporation,  furnishing  for  sale,  rental, 
or  distribution  any  appropriated  waters  for  purpose  of 
irrigation,  to  enter  into  contracts  with  individual  consumers 
of  such  water  or  with  bodies  »i  BUCh  OOnflomeTB,  relating  to 
the  sale,  rental,  or  distribution  of  such  water,  or  any  there- 
of, which  contracts,  3ubjee1  to  the  restrictions  hereinafter 
declared,  shall  be  valid  to  all  intents  and  purposes,  any  law 
or  rule  to  the  contrary  notwithstanding. 

Sec.  2.  No  such  contract  shall  provide  for  the  Bale,  rental, 
or  distribution  of  any  Buch  water  at  any  rate  exceeding 
the  established  rates  fixed  and  regulated  therefor  by  the 
board  of  supervisors  of  the  proper  counties,  or  fixed  and 
Mished  by  Buch  person,  company,  association,  or  cor- 
poration, as  provided   by   law. 

Sec.  3.  Nothing  in  this  act  contained  shall  be  construed 
to  authorize  or  make  valid  any  contract  not  made  for  a 
valuable  consideration;  but  an  agreement  on  the  part  of 
such  person,  company,  association,  or  corporation  to  sell, 
rent,  or  distribute  any  water  to  a  consumer,  without  pay 
ment  in  advance  therefor,  or  upon  any  other  terms  to  which 
such  consumer  is  not  otherwise  lawfully  entitled,  shall  lie 
deemed  and  taken  to  be  a  valuable  and  sufficient  considera- 
tion for  such  contract. 

Sec.  4.  Nothing  in  this  act  contained  shall  affect  any 
contract  made  prior  to  the  time  that  the  board  of  super- 
visors  fix  and   establish   the  rates   and   regulations  for  and 

under   which  water  shall   be  sold   and  supplied. 


553  IRRIGATION'.  Act  1T31,  §§  1,  2 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  1731. 

An  act  to  provide  for  the  dissolution  of  irrigation  districts, 
the  ascertainment  and  discharge  of  their  indebtedness, 
and  the  distribution  of  their  property. 

[Approved  February  10,  1903.     Stats.  1903,  p.  3.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  irrigation  district  organized  under  the 
provisions  of  an  act  entitled,  "An  act  to  provide  for  the 
organization  and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  of  water  and  other  property, 
and  for  the  distribution  of  water  thereby  for  irrigation 
purposes,"  approved  March  seven,  eighteen  hundred  and 
eighty-seven,  and  all  acts  supplementary  thereto,  or  amend- 
atory thereof,  including  an  act  entitled,  "An  act  to  pro- 
vide for  the  organization  and  government  of  irrigation  dis- 
tricts, and  to  provide  for  the  acquisition  or  construction 
thereby  of  works  for  the  irrigation  of  lands  embraced  with- 
in such  districts,  and,  also,  to  provide  for  the  distribution 
of  water  for  irrigation  purposes,"  approved  March  thirty- 
one,  eighteen  hundred  and  ninety-seven,  may  be  dissolved 
in  the  manner  hereinafter  provided. 

Sec.  2.  A  majority  in  number  of  the  holders  of  title,  or 
evidence  of  title,  to  real  property  in  any  irrigation  district, 
and  a  majority  in  value  of  said  property  according  to  the 
equalized  assessment  roll  of  said  district  for  the  year  last 
preceding  upon  which  any  assessment  has  been  made,  may 
propose  the  dissolution  of  said  district  by  a  petition  signed 
by  such  majority,  which  petition  shall  set  forth  the  amount, 
of  the  outstanding  bonds,  coupons,  and  other  indebted- 
ness, if  such  there  be,  together  with  a  general  description 
of  the  same,  and  the  holders,  so  far  as  known,  showing  the 
amount  of  each  description  of  indebtedness  and  the  own- 
ership, so  far  as  known,  of  the  same.  Also  the  estimated 
cost  of  the  dissolution  of  said  district.  Said  petition  shall 
also  state  the  assets  of  said  district,  including  irrigation 
system,  if  any,  dams,  reservoirs,  canals,  franchises,  water 
rights,  a  detailed  statement  of  all  the  lands  sold  to.  the 
district  for  assessments,  and  the  amount  of  the  assess- 
ments on  each  parcel  of  land  sold,  also  all  assessments  un- 


\.  t  17  i  IRRIOAT*  >N  ^ 

p:,i,i,  :,n.i   tin    amount   arson  oMb  lut  ox  1 1 .1.  t  of  l.-iu.l.  ;aud 

all  other  listrictj  and  n  bbs*    atry  proposition 

Baa  been  made  by  th<    holders  of  Baid  indebtedness  to  Bettle 

i   proposition,  together  with  any  plain  proposed 

urry  the  uuae  into  execution,  shall  be  iac&uoad  m  said 
p.  til 

.;.     Upon   tin    filing  oi  said   petition  with  the   board 
,,,    directors  "'  -  '"'l   ■s:'"1   boai&  shall  call  a  special 

election,  at   which  Bhall  be  submitted  to  the  electors  of  such 

rid    the  questman   wnetfee*  oj  ool   said  district  snail   be 
Liquidated,   and    its  dis 

tributed  in  accordanci    with  the  plan  so  proposed,  or  in  i 
ao  pbiii   has  been   proposed,  then  in  accordance   with  a  plan 

b  Biiai]  be  proposed  l-y  aaid  board  of  directors  in  the 
notice  "i"  tin  election,  but  no  such  election  shall  be  called 
Ullt  ;•  all  the  known  holders  ol  valid  indebted- 

,!l  be  obtained  or  provision  shall 
be  madi  in  said  plan  for  the  payment  of  such  non-assenting 
llul,.  h  i  leetion   musl   b<    given  by  posting 

notices    in    three    public    places    in    each    election    pn.-ui.t 

,T    at    1.  ast    tW<  nty    .lays,   an-1    also    l.y    ptlfc 

Licption  of  sUch   notice  in  Borne  newspaper  published  In  the 
county  where  the  office  of  the  board  of  directors  is  required 

I  ,  'K, ,,,,  oi  :  ■"  •' :ist  thr"-  successive  w< 

before   Buch   election.     Such   notices   must   specify   the   time 

fan   tnat  it  is  proposed  to 
aoive   the  district,  and   a   brief  summary  of   th<    plan    pro- 

,.1   fa  liquidating  its  indebtedness  and  disposing  ..f  its 

.  ta  said  eh  ction  shalJ  be  held  and  the  r.  suit  th.-not 
,.,,,,,.  ,1  an.l  declared  in  all  respects  as  nearly  as  prac- 
ticable in  conformity  with  th.  pi  oing  th. 
election  of  officers  in  irrigation  districts.  At  such  ele< 
tne  i,,i!,,t  shall  contain  the  words  "Dissolution  oJ  the  dis 
tri,.;  ilution  of  the  district— No,"  or  words 
equivali  at  tin 

l.     In    case   upou   such   canvass   it   is   found   and    de 
,.p',r,  ,|   by   said   i  :h;,f   ,wo   «llir,ls  "f   tn' 

rotes  cast   at  such  election  shall  be  .-ast  in  favor  of  " 
solution  of   the  district— Yes,  '   then   the  said   board  ol   di- 
rectors  shall    till    a    petition    in    the    superior   court    -it    the 
county    wherein   is   located   tin    office   of  Buch   board   to 
termine    the    validity    oJ    I  cdings    had    and    of    tn. 

proposed    plan    for    the    dissolution    of    said    dirtri 

',n    shall    be    in    the    nature    of    a    pro,-. .din-    in    rem,    and 

Jurisdiction   of  all   pan  its  may   be   had   by   pub 


j55  IRRIGATION.  Act  1731.  §  §  5.  6 

lication  of  a  notice  of  the  pendency  of  the  proceeding  for 
at  least  once  a  week  for  three  weeks  in  some  paper  of 
general  circulation  published  in  the  county  where  the  ac 
tion  is  pending;  provided,  that  if  the  property  of  the 
district  is  situate  iu  more  than  out  county  then  the  pub- 
lication shall  be  made  in  one  paper  in  each  county  wherein 
the  same  is  situate,  such  paper  or  papers  to  be  designated 
by  the  court  having  jurisdiction  of  the  proceeding;  juris- 
diction shall  be  complete  in  thirty  days  after  the  com- 
pletion of  such  notice  in  the  manner  herein  provided. 
Any  one  interested  may  at  any  time  before  the  expiration 
of  said  thirty  days  appear  and  contest  the  validity  of  the 
proceedings  already  had  and  of  the  plan  proposed  for  the 
dissolution  of  said  district,  or  any  portion  thereof,  includ- 
ing the  validity  of  any  portion  of  the  indebtedness  set  out 
in  said  petition,  and  the  court  may  determine  the  validity 
of  any  sales  for  assessments,  and  may  determine  the  amount 
of  any  assessment  or  assessments  due  upon  the  various 
parcels  and  lots  of  real  estate  within  said  district,  and 
may  determine  the  amount  of  any  assessment  or  assess- 
ments theretofore  paid  upon  the  various  parcels  and  lots  of 
real  estate  therein,  and  may  in  said  proceeding  adjust  and 
determine  the  rights  and  liabilities  of  all  parties.  Such 
action  shall  be  speedily  tried  ond  judgment  rendered.  Either 
party  shall  have  the  right  to  appeal  at  any  time  within 
thirty  days  after  the  entering  of  such  judgment,  and  the 
appeal  must  be  heard  and  determined  within  three  months 
after  the  taking  of  such  appeal. 

Sec.  5.  Said  petition  to  the  superior  court  shall  set  forth 
the  facts  required  to  be  set  forth  in  the  petition  to  the 
board  of  directors  and  all  the  proceedings  therein,  and  at 
the  hearing  the  court  shall  hear  and  determine  the  regu- 
larity, legality,  and  correctness  of  all  proceedings,  and  in 
doing  so  shall  disregard  any  error,  irregularity,  or  omission 
which  does  not  affect  the  substantial  rights  of  the  parties. 
The  rules  of  pleading  and  practice  in  the  Code  of  Civil  Pro- 
cedure not  inconsistent  with  the  provisions  of  this  act  arc- 
made  applicable  to  the  proceeding  herein  provided.  The 
costs  of  any  contest  may  be  allowed  and  proportioned  be- 
tween the  parties  or  taxed  to  the  losing  party  in  the  dis- 
cretion of  the  court,  and  no  contest  of  any  matter  or 
thing  herein  provided  for  shall  be  made  other  than  in  the 
time  and  manner  herein  specified. 

Sec.  6.  If  no  such  proceeding  shall  have  been  filed  by 
the   board    of   directors    within    thirty   days    after    the    can- 


Act  1731,  §§  7-9  IRRIGATION.  5M 

vass  of  said  vote,  then  any  district  assessment-payer 
may  bring  an  action  in  the  superior  court  of  the  county 
wherein  the  office  of  the  board  of  directors  is  located. 
The  board  of  directors  shall  be  made  parties  defendant  and 
notice  shall  be  served  on  the  members  of  the  board  per- 
sonally, if  they  can  be  found  in  the  state,  if  not,  then 
service  by  publication  as  provided  in  section  four,  shall  be 
sufficient.  Proceedings  shall  be  had  in  the  same  manner 
and  with  the  same  effect  as  if  brought  by  the  board  of 
directors. 

Sec.  7.  A  corporation  may  be  organized  under  general 
laws  for  the  purpose  of  acquiring  the  assets  of  said  district, 
including  the  irrigation  system,  if  any,  dams,  reservoirs, 
canals,  franchises  and  water  rights,  which  corporation 
shall  have  all  the  powers,  rights  and  franchises  of  cor- 
porate bodies  organized  under  general  laws,  and  in  addi- 
tion shall  have  such  further  powers  as  may  be  necessary 
to  possess  and  carry  on  said  irrigation  system  and  exercise 
such  franchises  and  water  rights. 

Sec.  8.  The  court  in  its  decree  shall  have  power  to 
make  the  orders  necessary  to  carry  out  said  proposition 
for  the  discharge  of  the  indebtedness  and  distribution  of 
the  property  of  said  district,  including  the  right  to  appor- 
tion any  indebtedness  found  due,  and  to  declare  said 
portions  liens  upon  the  various  parcels  and  lots  of  land 
within  the  district,  and  may  decree  a  sale  of  its  assets  in 
such  manner  as  may  effectuate  said  proposition  and  as  the 
said  court  may  judge  best,  either  in  one  lot  or  in  such 
parcels  as  may  be  provided,  and  may  provide  for  convey- 
ance of  said  irrigation  system,  including  dams,  reservoirs, 
eanals,  franchises,  and  water  rights,  and  also  of  any  other 
assets  of  the  district,  including  lands  sold  thereto  and  tho 
assessments  due  it. 

Sec.  9.  The  amounts  of  any  assessment  or  assessments 
found  due  upon  the  various  parcels  and  lots  of  real  estate 
within  said  district,  and  the  amounts  for  which  sales  have 
been  made,  which  sales  have  been  determined  to  be  valid 
by  said  court,  together  with  legal  interest  from  the  date 
of  said  sales  and  from  the  time  when  said  assessments 
become  delinquent,  shall  be  liens  respectively  on  the  lots 
and  parcels  affected  thereby,  and  the  purchaser  or  pur- 
chasers at  said  sale  may  foreclose  the  same  by  action  in 
the  superior  court,  and  shall  in  said  action  join  all  lots, 
assessments,  and  sales  which  may  have  been  purchased 
by  him  and  which  remain  unredeemed.      A   redemption  may 


657  JUDGMENTS.  Acts  1732-1746 

be  made  at  any  time  by  payment  of  the  amount  due  to  the 
clerk  of  the  court  for  the  use  of  the  district  if  before 
sale,  and  for  the  use  of  the  purchaser  if  after  sale,  and 
the  clerk  shall  thereupon  enter  a  minute  of  said  payment, 
which  payment  shall  be  in  the  discharge  of  said  lien. 
Redemption  from  the  lien  created  for  any  portion  of  the 
indebtedness  can  be  had  in  this  manner. 

Sec.  10.  Whenever  all  the  property  of  such  irrigation 
district  shall  have  been  disposed  of,  and  all  the  indebted- 
ness and  obligations  thereof,  if  any  there  be,  shall  have 
been  discharged,  the  balance  of  the  money  of  said  district 
shall  be  distributed  to  the  assessment-payers  in  said 
district  upon  the  last  assessment  roll  in  the  proportion  in 
which  each  has  contributed  to  the  total  amount  of  said 
assessment,  and  the  court  shall  enter  a  final  decree  de- 
claring said  district  to  be  dissolved. 

Sec.  11.     This  act  shall  take  effect  immediately. 


TITLE  234. 
JEWISH  ORDER  OF  KESHER  SHEL  BARSEL. 
ACT  1736. 

Concerning    ancient    Jewish    order    of    Kesher    shel    Barsel. 
[Stats.    1867-8,   p.    201.] 
Repealed,    sec.    288,    Civ.    Code. 

This  act   conferred   corporate   powers   on    the   above   order.     See   the 
note  to  act  632,   ante. 


TITLE  235. 
JUDGES  OF  THE  PLAINS. 
ACT    1741. 

Concerning  judges   of   the   plains   and   defining  their  duties. 
[Stats.  1851,  p.  515.] 

Amended  1S57,    158;     1863.   497. 

Continued    in    force    by    codes:    Penal    Code,    sec.    23,    and    Political 
Code,   sec.   19. 


TITLE  236. 
JUDGMENTS. 
ACT    1746. 

An   act   to   provide   for   the    payment   of  judgments   against 
counties,    cities,    cities    and    counties,    and    towns. 

[Approved  March  23,  1901.     Stats.  1901,  p.  794.] 


Act  IT-iH.  55  1-4  JUDGMENTS.  658 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  All  final  judgments  now  existing  or  that 
may  be  obtained  hereafter  against  any  county,  city  and 
county,  city,  or  town  of  the  state  of  California,  shall  be 
paid  by  the  treasurer  of  such  county,  city  and  county,  or 
town,   as   hereinafter   provided. 

Sec.  2.  It  shall  be  the  duty  of  the  county  clerk  to  file 
with  the  auditor  and  to  furnish  the  board  of  supervisors, 
town  trustees,  or  other  board  or  body  authorized  by  law 
to  levy  taxes,  a  complete  list  of  all  existing  final  judg- 
ments against  such  county,  city  and  county,  city,  or  town, 
of  record  in  his  office,  at  least  fifteen  days  before  the  day 
on  which  any  tax  levy  must  by  law  be  made. 

Sec;  3.  It  shall  be  the  duty  of  the  auditor  to  examine 
and  audit  the  final  judgments  so  reported  by  the  county 
clerk,  and  to  certify  the  amount  of  such  final  judgments 
to  the  treasurer  within  five  (5)  days  from  the  day  on 
which  such  list  of  final  judgments  is  filed  with  him.  There- 
upon, the  board  of  supervisors,  city  council,  town  trus- 
tees, or  other  board  of  officers,  as  the  ease  may  be,  having 
authority  to  levy  taxes  upon  the  taxable  property  of  such 
county,  city  and  county,  city,  or  town,  must  include  in 
the  tax  levy  for  the  next  fiscal  year  a  rate  or  sum  sufficient 
to  pay  all  final  judgments  existing  against  such  county,  city 
and  county,  city,  or  town.  The  omission  to  include  the 
amount  of  any  existing  final  judgment  in  the  tax  levy  for 
any  year,  shall  not  of  itself  invalidate  the  tax  levy  as 
made,  but  such  omission  or  omissions  must  be  included 
in  the  next  tax  levy;  provided,  that  the  board  of  super- 
visors or  other  board  or  officers  having  authority  to  levy 
taxes  may  provide  for  the  payment  of  such  final  judg- 
ments when  so  audited  by  including  in  the  tax  levy  for 
the  next  fiscal  year  an  aliquot  part  or  fraction  of  the 
amount  of  such  judgments,  and  thereupon  the  treasurer 
shall  pay  to  each  judgment  creditor  a  like  aliquot  part 
or  fraction  of  the  amount  of  the  judgment  of  the  creditor, 
and  thereafter  a  like  aliquot  part  or  fraction  of  the  amount 
of  such  judgments  shall  be  levied  and  paid  each  successive 
year  until  the  whole  thereof  shall  he  fully  paid;  but  such 
fractional  levy  and  paym<  nt  shall  in  no  case  be  less  than 
one-tenth   (1-10)   of  the  whole   amount  of  such  judgments. 

Sec.  4.     This  act  shall  take  effect  immediately. 


539  JURORS— JUSTICES  OF   THE   PEACE.  Acts  1747-1757 

ACT    1747. 

An  act  prescribing  how  judgments  which  may  be  recov- 
ered against  any  city  and  county  of  over  one  hundred 
thousand  population  shall  be  paid. 

[Approved  March  26,  1895.     Stats.  1895,  p.  163.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  All  existing  judgments  against  any  city 
and  county  of  over  one  hundred  thousand  population  shall 
be  paid  by  the  treasurer  of  such  city  and  county,  out  of 
the  or  any  general  fund  thereof,  after  the  same  shall  have 
been  audited  by  the  auditor,  auditing  officer,  board,  or 
other  auditing  officer  or  officers,  and  it  is  hereby  made  the 
duty  of  the  board  of  supervisors  and  mayor  of  such  city 
and  county  to  include  in  the  tax  levy  for  any  fiscal  year 
a  sum  sufficient  to  pay  existing  judgments. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  im- 
mediately after  its  passage. 

Apparently  restricted   to  existing  judgments. 


TITLE  237. 

JUEOES. 

ACT   1752. 

For  the  payment  of  the  fees  due  to  trial  jurors  who  have 
served  as  such  in  the  superior  court  of  any  county  or 
city  and  county  of  this  state,  under  the  act  of  1895. 
[Stats.  1901,  p.  684.] 


TITLE  238. 
JUSTICES  OF  THE  PEACE. 
ACT   1757. 
Fixing  the  jurisdiction   and  providing  the   compensation  of 

justices   of    the     peace    in    cities    and   towns.     [Stats. 

1883,  p.  63.] 

Superseded   by   Code  of  Civil  Procedure,    sec.   103,   as  amended   1SK»1, 
100. 

This  act  appears  in   full  in   Code  of   Civil   Procedure,    Appendix,    p. 
V.7. 


Act  1758,  §§  1,  2  JUSTICES    OF   THE    PEACE.  6«0 

ACT   1758. 

An  act  to  provide  for  the  amount  and  the  manner  of 
payment  of  salaries  of  justices  of  the  peace  in  coun- 
ties of  the  tenth  class  for  services  rendered  by  them 
in  criminal  cases,  and  providing  a  method  of  ascer- 
taining the  population  of  the  townships  for  the  purpose* 
of  this  act  and  to  provide  a  cashier  in  the  office  of 
the  tax  collector,  and  a  file  clerk  in  the  office  of  thy 
county  clerk,  and  repealing  all  laws  in  conflict  there- 
with. 

[Approved    March    19,    1903.     Stats.    1903,    p.    217.] 

The  people  of  the  state  of  Califcrnia,  represented  in  senate 
and   assembly,   do   enact  as  follows: 

Section  1.  In  counties  of  the  tenth  class  justices  of  the 
peace  shall  receive  as  compensation,  for  the  services  re- 
quired of  them  by  law,  tin-  following  monthly  salaries 
to  be  paid  i  aeli  month  as  salaries  of  other  county  officers 
are  paid,  which  shall  be  in  full  for  all  services  rendered 
by   them  in  criminal   cases: 

In  townships  having  a  population  of  six  thousand  and 
over,  ninety  dollars  per  month. 

In  townships  having  a  population  of  two  thousand  and 
less   than  six   thousand,  seventy-five  dollars  per  month. 

In  townships  having  a  population  of  one  thousand  five 
hundred  and  less  than  two  thousand,  fifty-five  dollars  per 
month. 

In  townships  having  a  population  of  eight  hundred  and 
less  than  one  thousand  five  hundred,  thirty-five  dollars 
per    month. 

In  townships  having  a  population  of  five  hundred  and 
less  than  eight  hundred,  twenty  dollars  per  month. 

In  townships  having  a  population  less  than  five  hundred, 
fifteen    dollars    per   mouth. 

In  addition  to  the  above  salaries  each  justice  of  the 
peace  shall  collect,  for  his  own  use,  in  civil  cases,  such 
fees  as  are  now  or  may  hereafter  be  allowed  by  law. 

Sec.  2.  The  population  of  townships  shall,  for  the  pur- 
pose of  this  act,  be  determined  by  multiplying  the  num- 
ber of  voters  registered  in  such  township  at  the  last  pre- 
ceding   election,    by    five. 


561  JUTE   GOODS— JUVENILE    COURT.  Acta  1763-1763 

Sec.  3.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of   this  act   are  hereby  repealed. 

Sec.  4.  In  the  office  of  the  county  tax  collector  of 
counties  of  the  tenth  class  there  shall  be  a  cashier  to  be 
appointed  by  and  Bold  office  at  the  pleasure  of  the  county 
tax  collector  and  the  compensation  of  such  cashier  shall 
be    nine    hundred    dollars    per    annum. 

Sec.  5.  In  the  office  of  the  county  clerk  of  counties  of 
the  tenth  class  a  filing  clerk  shall  be  appointed  by  and 
hold  office  at  the  pleasure  of  the  county  clerk  and  the  com- 
pensation of  such  filing  clerk  shall  be  nine  hundred  dollars 
per    annum. 

Sec.  6.  This  act  shall  take  effect  and  be  in  force  from 
and   after   its   passage. 


TITLE  239. 
JUTE  GOODS. 
ACT    1763. 

Appropriation  for  the  establishment  of  a  permanent  fund 
for  the  purchase  of  jute  to  be  manufactured  at  the 
state's  prison.      [Stats.  1885,  p.  53.] 

ACT    1764. 

Fixing  the  price  and  conditions  of  sale  at  which  jute  goods 

shall   be    sold   by    the    state.      [Stats.    1893,    p.    54.] 

Amended   190s,   532. 


TITLE  240. 
JUVENILE    COUET. 
ACT    1769. 

Defining  and  providing  for  the  control,  protection,  and 
treatment  of  dependent  and  delinquent  children;  pre- 
scribing the  powers  ■  and  duties  of  courts  with  respect 
thereto;  providing  for  the  appointment  of  probation 
officers,  and  prescribing  their  duties  and  powers; 
providing  for  the  separation  of  children  from  adults 
when  confined  in  jails  or  other  institutions;  provid- 
ing for  the  appointment  of  boards  to  investigate  the 
qualifications  of  organizations  receiving  childrea  under 
Gen.  Laws— 36 


Acts  1774-1786  KAWEAH    RIVER— KERN    COUNTY.  S62 

this    act,    and    prescribing    the    duties    of    such    boards; 
and    providing   when    proceedings    under    this    act    shall 
be    admissible    in    evidence.      [Approved    February    26, 
1903.     Stats.    1903,    p.    44;     Am'd.     1905,    806.] 
This   act   appears   in   full   in    the   Penal   Code,    Appendix,    p.    623. 


TITLE  241. 
KAWEAH    RIVER. 
ACT    1774. 

Board   of  commissioners   for   Kaweah   River,   Tulare   County. 
[Stats.    1863-4,    p.    167.] 
Amended    1865-6,    314. 


TITLE  242. 
KEEPER    OF    ARCHIVES. 
ACT    1779. 

To  provide  for  the  appointment  by  the  secretary  of  state 
of  a  keeper  of  archives,  and  define  his  duties,  and  fix- 
ing  his    salary.     [Stats.    18S9,    p,    451.] 


TITLE  243. 
KERN   COUNTY. 
ACT    1784. 
Assessor,    act    fixing    salary    and    bond    of.     [Stats.    1875-6, 

p.    172.] 
Superseded  by   County  Government  Act,   1897,   621,   535,   sees.   170,   IS- 

ACT   1785. 

Issuance    of    bonds    by,    to    pay    the    indebtedness    of    said 
county.     [Stats.   1875-6,  p.   645.] 

ACT    1786. 

County    auditor   and    county    recorder,    separation    of    offices 

of,  and  regulation  of  official  salaries  in.     [Stats.  1875-6, 

p.   151.] 

Amended    1875-6.    363;     1877-8,    104.     Repealed   by   County    Government 
Act,    1897,    535,    sec.    182. 


M3  KEYES    CREEK— KINGS    COUNTY.  Acts  1787-1803 

ACT    1787. 

Transfer    of    funds    of.     [Stats.     1873-4,     p.     472.] 

Amended   1875-6,   249.     Superseded   by  subd.   18,    sec.    25,    County   Gov- 
ernment  Act,    1897,   463. 

ACT   1788. 

Begulating    traveling    fees    of    sheriff    of.      [Stats.     1871-2, 
p.    141.] 

Amended  1875-6,   45.     Repealed  1878,   559. 

ACT    1789. 

Traveling  fees  of  sheriffs   of.     [Stats.    1877-8,   p.   559.] 
Repealed  by  fee  bill  of  1S95,  269. 

ACT'  1790. 

To   provide   one   additional   judge    of   the   sup?rior   court    of 

the    county    of    Kern.     [Approved    February    17,    1903. 

Stats.   1903,   p.  30.] 

ACT    1791. 

Tax   collectors,    bonds    of.     [Stats.    1875-6,    p.    16.] 

Repealed   by   County   Government  Act,   1897,   475,   sec.   66. 
ACT   1792. 

Treasury    of,    salary    of.     [Stats.    1873-4,    236.] 

Amended    1877-8,    255.     Repealed    by    County    Government    Act,    1897, 
452. 

ACT    1793. 

Water  ditches  and  water  privileges  in.     [Stats.  1875-6,  547.] 


TITLE  244. 
KEYES    OttEEK.' 
ACT    1798. 

Arroyo  del  San  Antonio   (Keyes  Creek),  declared  navigable. 
[Stats.    1860,   p.    126;    1873-4,    p.    564.] 
See  Political  Code,   sec.   2319. 


TITLE  245. 
KINGS    COUNTY. 
ACT   1803. 

To  create  the  county  of  Kings,  to  define  the  boundaries 
thereof,  to  fix  the  county  seat  thereof,  and  to  provide 
for    its    organization    and    election    of    officers,    and    to 


Acts  1808-1827     KLAMATH    COUNTY— LABOR    STATISTICS.  554 

classify      said     county.      [Approved     March     22,     1893. 
Stats.    1893,    p.    176.} 


TITLE  246. 
KLAMATH    COUNTY. 
ACT    1808. 

Ampniled    and    supplemented    1875-6,    603. 
Annexed    to     Humboldt    and     Siskiyou.     [Stats.    1873-4,    p. 

755.] 


TITLE  247. 
KLAMATH   RIVER. 
ACT   1813. 

To   declare   the   Klamath   River   navigable.      [Stats.    1880,   p. 

136.] 
Repealed   1891,    10. 


TITLE  248. 
KNIGHT'S    LANDING. 
ACT    1818. 

To    prevent    hogs    and    goats    running    at    large    in.      [Stats. 
1871-2,    p.    438.] 
Probably   repeal, M    by    s.c.    9,    statute   of   1897,   p.    198. 


TITLE  249. 
LABORERS. 
Hours  of   labor:   See   title   Hours  of   Labor,   ante. 

ACT  1823. 

To    protect    the    wages   of   labor.      [Stats.    1867-8,   213.] 

Amended   1871-2,   205. 

This   act   made   laborers   preferred   creditors.     It   wai  superseded    Dy 
the   Code   of   Civil    Procedure,    sees.    1204-1207. 


TITLE  250. 
LABOR   STATISTICS. 
ACT  1827. 

An   act   directing  the   commissioner  of  the  bureau   of  labor 
statistics  to  collect  certain  statistics,  and   present  them 


565  LAKE    BlGLER— LAKE    COUNTY.  Acts  1828-18'!9 

in  biennial  reports,  and  making  it  the  duty  of  certain 
officers  to  furnish  such  statistics  in  compliance  with 
the  provisions  of  this  act. 

[Approved  March   18,  1905.     Stats.   1905,  p.  109.] 

Section  1.  The  commissioner  of  the  bureau  of  labor  sta- 
tistics is  hereby  directed,  in  addition  to  his  other  duties, 
to  collect  and  present  in  his  biennial  report  to  the  legisla- 
ture, statistics  relating  to  marriage,  divorce,  and  crime. 

Sec.  2.  It  is  hereby  declared  to  be  the  duty  of  all  officers 
of  each  respective  county,  city,  or  city  and  county,  in  addi- 
tion to  their  other  duties,  whose  duty  it  is  to  keep  a  rec- 
ord of  marriage,  divoree,  or  crime,  and  they  must  furnish 
to  the  commissioner  of  the  bureau  of  labor  statistics,  upen 
his  request,  whatever  data  it  may  be  necessary  for  said  com- 
missioner to  acquire  in  complying  with  the  provisions  of  sec- 
tion one  of  this  act. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  immedi- 
ately upon  its  passage  and  approval. 

_CT  1828. 

To    establish    and    support    a    bureau    of    labor    statistics. 
[Stats.  1883,  p.  27.] 
Amended   18S9,    6;     1901,    12. 


TITLE  251. 
LAKE  BIGLER. 
ACT  1833. 
To  legalize  the  name  of  Lake  Bigler.     [Stats.  1869-70,  p.  64.] 


TITLE  252. 
LAKE  COUNTY. 
ACT  1838. 

Authorizing   issuance     of    bonds    by,    to    pay     a    judgment 
against  the  county.     [Stats.  1875-6,  p.  209.] 
Amended   1875-6,    405. 

ACT  1839. 

Concerning   salary   of    district    attorney.      [Stats.    1871-2,   p. 

441.] 
Repealed  by   County  Government  Act,   1S97,   562,   sec.   203. 


Acts  1840-1865  LAKE    EARL-LAKEPORT.  W, 

ACT    1840. 

Transfer   and   loan   of   certain   funds   in.      [Stats.    1873-4,   p. 

349.] 
ACT   1841. 

Fees  and  salaries  of  officers  of.     [Stats.   1875-6,  p.  599.] 

Amended    1877-8,    266.     Repealed    by    County    Government    Acts,    1897, 
562,    sec.    203. 

ACT  1812. 

Roads    and    highways    in.      [Stats.    1875-6,   p.    385.] 
Repealed   1S83,   5,   chap.    X,   sec.   2. 

ACT   1843. 

Restricting  sheep  tr<v     b.ing  herded  or  running  at  large  in 
Certain   parts  of.     [Stats.   1873-4,  p.  434.] 
Amended    1S75-6.    312.     Probably   repealed    1897.    198. 

ACT  1844. 

To    prevent    sheep    and  goats    from    being    horded    or    from 

running  at  large  in  parts  of.      [Stats.   1877-8,  685.] 

Probably   repealed    i8'J7,  198. 

ACT  1845. 

Authorizing   supervisors   to   levy   special   tax   for   extermina- 
tion  of  squirrels  in.      [Stats.   1877-8,   p.   -441.] 
Superseded  by  subd.    26,    see.    2:.,    Pounty  Government  Act,    1897,   465. 


TITLE  253. 

LAKE   EARL. 

ACT  1850. 

Lake    Earl,    declaring   navigable.      [Stats.    1873-4,   p.    59.] 
Repealed   1901,   3. 


TITLE  254. 
LAKEPORT. 
ACT  1855. 

To   prevent   hogs   from   running   at   large    in.     [Stats.    1877- 
8,  p.   435.    J 
Piobably    repealed   by   1897. 


567  LAKES— LANDLORD    AND    TENANT.       Acts  185S-lSi!6 

TITLE    254a. 
LAKES. 
ACT  1858. 

An  act  authorizing  the  United  States  government  to  lower 
the  water  levels  of  any  or  all  of  the  following  lakes: 
Lower  or  Little  Klamath  lake,  Tule  or  Rhett  lake,  Goose 
lake,  and  Clear  lake,  situated  in  Siskiyou  and  Modoc 
counties,  and  to  use  any  part  or  all  of  the  beds  of 
said  lakes  for  the  storage  of  water  in  connection  with 
the  irrigation  and  reclamation  operations  conducted  by 
the  Reclamation  Service  of  the  United  States;  also  ced- 
ing to  the  United  States  all  right,  title,  interest  or 
claim  of  the  State  of  California  to  any  lands  uncovered 
by  the  lowering  of  the  water  levels  of  any  or  all  of 
said  lakes  not  already  disposed  of  by  the  state.  [Ap- 
proved February   3,   1905.     Stats.   1905,  p.  4.] 


TITLE  255. 
LAKE   TAHOE. 
ACT  1859. 

An  act  to  provide  for  the  construction  of  permanent  bridge 
work  on  the  Lake  Tahoe  wagon  road,  a  state  highway, 
and  making  an  appropriation  therefor.  [Approved 
March  22,  1905.     Stats.   1905,  p.   796.] 

ACT  1860. 

To   create   the   office    of   Lake    Tahoe    wagon    road   commis- 
sioner.    [Stats.  1897,  p.  388.] 

Amended    1899,    236. 

ACT  1861. 

To  authorize   the  state  to   secure   the  title   to   right  of  way 
of  a  wagon  road  situate  between   Smith's  Flat,  El  Do- 
rado  County,   and  Lake   Tahoe.      [Stats.   1895,  p.   119.] 
Superseded   1897,    389. 

TITLE  256. 
LANDLORD  AND  TENANT. 
ACT  1866. 

Relating   to    the    rights    of    landlords    and    tenants.      [Stats 
1861,   514.] 
Superseded   by   Civil   Code   and    Code   of   Civil   Procedure. 
Cal.   Rep.   Cit.    44.   237;    51,   183. 


Acts  1871-1885  LARCENY— LAW    LIBRARIES.  Ms 

TITLE  257. 

LAB6ENY. 

ACT   1871. 

Act     to    more    fully    define    the    crime    of    larceny.      [Stats. 
1871-2,  p.  282.] 
sec.    495,    Pen.    Code. 
This   act   appears   In    the   Appendix    to   the   Penal   Code,    p.    531. 

ACT   1872. 

rning     crimes     and     punishments,     supplementing     act 
of  April   16,  1850.     |  Stats.  1871-2,  p.  435.] 

llns    In    force.     (People    v.    Salvador,    71    Cal.    16.) 
This   ad    made   the   st'.-tling   of  amalgam,   gold   dust,    or  quicksilver 
grand    larceny.     It   appears   in    full    In   the    Appendix   to   the   Penal   Code, 
p.    631. 


TITLE   258. 
LASSEN  COUNTY. 
ACT  1877. 

Fixing  of    district    attorney    of.      [Stats.    1871-2,    p. 

189.] 

Repealed    by    County   Government   Act,    1897,    567,    sec.    209. 
ACT    1878. 

To   regulate   fees   of  justices   in.     [Stats.    1877-8,   683.] 
Repealed    by    the   fee   bill   of   1895,    267. 

ACT   1879. 

County    treasurer,    bonds    of.      [Stats.    1875-6,    p.    154. J 
Repealed    by    the    County    Government    Acts,    1897,    475,    sec.    66. 

ACT   1880. 

Public  roads.      [Stats.   1875-6,  p.  539.] 
Supplemented    1875-6,    858.     Amended    1877-8,    64L     Repealed    1SS3,    ... 
chap.  X,  sec.  2. 

TITLE  259. 
LAW  LIBRARIES. 
ACT    1885. 

To    establish   law    libraries.      [Stats.    1891,   p.    430.] 

Amended    VSS&,    46. 

As    to    supreme    court    law    library,    see    Political    Code,    sec.    23i:i; 
San    Francisco    law    library,    see    Stats.    US69-7A,    235,    amended    1SS0,    40. 


569  LEASES— LEGAL  TENDER.  Acts  1890-1M5 

TITLE   260. 

LEASES. 
ACT  1890. 

An  act  concerning  confirming  and  ratifying  leases  and  other 
contracts  made  by  any  officer  or  boards  of  officers  of 
this  state. 

[Approved  March   23,   1901.     Stats.   1901,   601.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  All  leasee  for  terminal  facilities  made  or  exe- 
cuted by  any  state  officer  or  board  of  state  officers  to  any 
person,  persons  or  corporation  within  two  years  prior  to 
th  passage  of  this  act  and  which  shall  be  on  file  in  the 
office  of  the  secretary  of  state  on  or  before  February  fif- 
teenth, nineteen  hundred  and  one,  are  hereby  recognized, 
approved  and  ratified,  and  the  terms,  covenants  and  con- 
ditions thereof  shall  bind  the  parties  thereto,  their  suc- 
cessors and  assigns  and  the  state  of  California. 

Sec.  2.  The  lease  of  the  lands  known  as  China  basin  in 
the  city  and  county  of  San  Francisco  to  the  San  Francisco 
and  San  Joaquin  Valley  Eailway  Company  for  terminal  fa- 
cilities, made  on  November  twenty-first,  nineteen  hundred, 
by  and  between  said  company  and  the  board  of  state  har- 
bor commissioners,  is  hereby  approved  and  ratified,  and 
the  covenants,  conditions  and  terms  thereof  shall  bind 
the  parties  thereto,  their  successors  and  assigns,  and  the 
state  of  California. 

Sec.  3.  All  acts  and  part  of  acts  in  conflict  herewith  are 
hereby    repealed. 

Sec.  4.     This  act  shall  take  effect  immediately. 


TITLE  261. 
LEGAL    TENDER. 
ACT    1895. 

An   act   in   relation   to   the   currency   of   the   United   States. 
[Approved  March  12,  1880;   1880,  8   (Ban.  ed.  28). J 
Cal.    Rep.    Cit.    104,    689. 

Section    1.     All    legal-tender    notes    heretofore    issued,    or 
which  may  hereafter   be   issued,  by  the  government  of  the 


Acta  1900-1908    LEGISLATION— LEGISLATIVE    DISTRICTS.  b30 

United  States  of  America,  as  legal-tender  notes,  shall  be 
r  ived  at  par  in  paynv  nt  for  all  taxes  due' or  to  become 
due  to  this  state,  or  to  any  county  or  municipal  corpora- 
tion thereof,  and  such  notes  shall  be  a  legal  tender  for 
all  debts,  dues,  and  demands  between  citizens  of  this  state. 

Sec.  2.  All  a<ts,  and  the  provisions  of  any  act  or  parts 
of   acts,   conflicting   with    this  act   are   hereby  repealed. 

Sec.  3.  Tli is  art  shall  take  effect  and  be  in  force  from 
aDd  after  its  passage.. 


TITLE  262. 
LEGISLATION. 
ACT    1900. 

For    the    erofttios    of     i    co  in  mission    for    the    promotion    of 
uniformity   of    legislation    in    the   United   .Statis,    and   to 
appr.ipriatr   moiu  y  for  its  expenses.     [Approved  March 
9,   1897.     Stats.    Lg97,  74.] 
Repealed   1901,  49. 


TITLE    263. 
LEGISLATIVE    DISTRICTS. 
ACT    1905. 

Senatorial   and   assembly  districts,  defining.     [Stats.   1873-4, 
p.    306.] 
Amended   1880,    4.     Repealed    1883.    68.    86,    chaps.    XXXIV,    XLVTI. 
Cal.    Rep.    Clt.    65,    578;     96,    292. 

ACT    1906. 

To  divide  the  state  into  senatorial  districts,  and  to  pro- 
vide for  the  election  of  senators  therein.  [State  1883, 
p.  58.] 

ltd    1891,   71.    chap.    LXXXI. 
Cal.    Rep.    ■  ":      L2.    323. 

ACT     1907. 

To  divide  the  state  into  assembly  districts,  and  to  provide 
for   the   election  of   assemblymen.     [Stats.   1883,  p.  85.] 

Repealed    1S&1,    71,    chap     LXXXI. 

ACT    1908. 

To  divide  the  state  into  legislative  districts,  and  to  provide 

for   the   election    of   assemblymen   and   senators  in  each 

district.     [Stats.    1891,   p.   71.] 

Superseded    1901,    535,    chap.    CXCIV. 


•a  LEVEE    DISTRICTS.  Acts  1909,  19:3,  §  1 

ACT    1909. 

To  divide  the  state  into  legislative  districts,  and  to  provide 

for  the   election   of   senators  and   assemblymen   therein. 

[Stats.  1901,  p.  535.] 


TITLE  264. 
LEVEE  DISTRICTS. 
ACT    1913. 

An  act  to  provide  for  the  formation  of  levee  districts  in  the 
various  counties  of  this  state,  and  to  provide  for  the 
erection  of  levees,  dikes  and  other  works  for  the  pur- 
pose of  protecting  the  lands  within  sucli  districts  from 
overflow  and  to  levy  assessments  to  erect  and  construct 
and  maintain  such  levees,  dikes  and  other  works  and 
to  pay  the  necessary  costs  and  expenses  of  maintaining 
said  districts. 

[Approved   March    20,    1905.     Stats.    1905,   p.    327.] 

Section  1.  Whenever  the  board  of  supervisors  of  any 
county  in  this  state  shall  receive  a  petition  signed  by  a 
majority  of  the  land  owners  within  any  portion  of  said 
county,  accompanied  by  a  deposit  sufficient  to  cover  the 
cost  of  publication  of  all  notices  required  by  the  first  two 
sections  of  this  act,  which  said  portion  of  said  county  shall 
be  specifically  described  and  set  out  by  metes  and  bounds 
in  said  petition,  asking  that  said  portion  of  said  county 
be  set  apart  and  erected  into  a  levee  district  for  the  pur- 
pose of  protecting  the  lands  embraced  in  said  portion  of  said 
county  from  overflow  from  any  river,  stream  or  streams, 
or  water  course,  the  board  of  supervisors  shall  pass  a  reso- 
lution signifying  its  intention  to  erect  and  set  apart  said 
portion  of  said  county  into  a  levee  district,  for  the  pur- 
pose of  protecting  the  lands  therein  from  overflow  and  de- 
scribing the  exterior  boundaries  of  the  district  of  lands 
embraced  therein  and  to  be  assessed  to  pay  the  damages, 
costs  and  expenses  thereof.  Such  resolution  shall  also  con- 
tain a  notice  to  be  published,  which  said  notice  shall  be 
headed  "Notice  of  intention  of  the  board  of  supervisors 
to  form  a  levee  district,"  and  shall  state  the  fact  of  the 
passage  of  such  resolution,  with  the  date  thereof,  the  bound 
aries  of  the  district,  and  the  statement  that  it  is  proposed 
to  assess  all  properties  embraced  within  such  proposed 
levee  district  for  the  purpose  of  paying  the  damages,  costs 
and   expenses    of   erecting    and   repairing   dikes,   levees   and 


Act  1913,  §§  2-5  •  LEVEE    DISTRICTS.  670b 

other  improvements  to  protect  the  said  lands  from  overflow, 
and  the  necessary  expenses  of  maintaining  the  said  dis- 
trict and  refer  to  the  resolution  for  further  particulars. 
Such  notice  to  be  given  by  the  board  of  supervisors  and 
signed  by  its  clerk. 

Sec.  2.  Such  notice  shall  be  published  for  a  period  of 
thirty  days,  in  a  newspaper  published  and  circulated  in  said 
county  and  designated  by  said  board  of  supervisors. 

Sec.  3.  Any  person  interested,  objecting  to  the  forma- 
tion of  such  levee  district  or  to  the  extent  of  the  district 
of  lands  to  be  affected  or  benefited  by  erection  or  repair 
of  such  dikes,  levees  or  other  improvements  to  protect  the 
same  from  overflow,  and  to  be  assessed  to  pay  the  costs  and 
expenses  thereof,  may  make  written  objections  to  the  same 
within  ten  days  after  the  expiration  of  the  time  of  the 
publication  of  said  notice,  which  objection  shall  be  deliv- 
ered to  the  clerk  of  said  board  of  supervisors,  who  shall  in- 
dorse thereon  the  date  of  its  reception,  by  him,  and  at  the 
next  regular  meeting  of  said  board  of  supervisors,  or  at  an 
adjourned  meeting,  or  a  special  meeting  called  for  that 
purpose,  after  the  expiration  of  said  ten  days  lay  such  ob- 
jections before  said  hoard  of  supervisors,  said  board  shall 
then  fix  a  time  for  hearing  of  said  objections  not  less  than 
fifteen  days  thereafter,  and  direct  its  clerk  to  notify  each 
person  objecting  of  such  day  fixed  for  hearing,  by  deposit- 
ing a  notice  thereof  in  the  postoffice  at  the  county  seat  of 
such  county,  postage  prepaid,  addressed  to  such  person  ob- 
jecting, which  said  notice  shall  be  deposited  in  the  postofiice 
not  less  than  ten  days  before  the  day  set  for  hearing. 

Sec.  4.  At  the  time  specified  or  to  which  the  hearing 
may  be  adjourned,  the  board  of  supervisors  shall  hear  the 
objections  urged  and  pass  upon  the  same.  Such  board  may, 
in  its  discretion,  sustain,  in  whole  or  in  part,  any  or  all 
of  the  objections  made  and  filed,  and  may  change  or  alter 
the  boundaries  of  such  district  to  conform  to  the  needs 
of  the  district,  and  may  in  its  discretion  declare  such  levee 
district  formed  as  a  subdivision  of  such  county,  and  shall 
designate  such  district  by  name  as  the  " Levee  Dis- 
trict of  County." 

Sec.  5.  If  it  shall  appear  to  the  satisfaction  of  the  board 
of  supervisors  that  it  is  the  desire  of  a  majority  of  the 
owners  of  land  in  such  proposed  district  that  the  same 
should  be  erected  into  a  levee  district,  and  that  it  is  just 


5W°  LEVEE    DISTRICTS.  Act  1913,  §§  6.  ,' 

and  proper,  they  may  declare  said  territory  a  levee  district 
for  the  above  purposes,  and  record  the  same  in  a  book  to  be 
kept  for  that  purpose,  giving  the  metes  and  bounds,  and 
thereafter  the  board  of  supervisors  shall  be  deemed  to  have 
acquired  jurisdiction  to  purchase  or  receive  by  donation, 
in  the  name  of  the  district,  any  real  or  personal  property 
necessary  to  properly  carry  out  the  purposes  of  the  forma- 
tion of  such  district  under  the  same  rules  as  govern  the 
purchase  of  property  in  the  name  of  the  county;  and  to  do 
all  things  necessary  for  the  formation  of  such  district  and 
the  erection  and  repair  of  dikes,  levees  and  other  improve- 
ments to  protect  the  lands  within  such  district  from  over- 
flow. 

Sec.  6.  The  board  of  supervisors  of  such  county  shall 
also  have  power  to  condemn  land  for  the  purposes  of  erect- 
ing dikes,  levees,  and  other  improvements  for  the  purpose 
of  protecting  the  lands  embraced  in  such  district  from  over- 
flow, and  for  that  purpose  all  of  the  provisions  of  part  three, 
title  seven,  of  the  Code  of  Civil  Procedure  are  hereby  made 
applicable  to  the  exercise  of  the  right  of  eminent  domain 
for  such  purposes  or  for  any  purpose  necessary  to  the  needs 
of  such  district  when  formed.  If  such  district  is  created 
all  expenses  incurred  in  the  formation  of  the  same  shall  be 
a  charge  against  such  district  and  shall  be  paid  as  other 
claims  against  such   district. 

Sec.  7.  Having  acquired  jurisdiction  as  provided  in  the 
foregoing  sections  of  this  act,  the  board  of  supervisors  shall 
immediately  appoint  three  commissioners  one  of  whom  shall 
be  an  engineer,  which  said  commissioners  before  entering 
upon  the  discharge  of  their  duties  shall  take  an  oath  to 
faithfully  discharge  the  same,  and  said  commissioners  shall 
proceed  to  cause  a  survey  of  the  contemplated  improvements 
in  the  way  of  the  erection  or  repair  of  levees,  dikes,  and 
other  works  for  the  benefit  of  the  said  district,  and  shall 
assess  all  damages  which  may  be  done  to  any  land,  owner 
or  persons,  by  reason  of  the  taking  of  land,  property,  or 
otherwise  for  the  erection,  or  repair  of  such  levees,  dikes, 
or  other  works,  and  shall  ascertain  the  names  of  all  per- 
sons who  waive,  or  claim,  damages  for  the  same.  And  in 
the  event  that  said  commissioners  shall  find  it  necessary  to 
use  any  levee,  or  work  or  protection,  which  has  hereto- 
fore been  constructed  by  private  enterprise,  the  said  com- 
missioners shall  cause  the  said  levee,  or  other  work  of  pro- 
tection, to  be  measured,  or  appraised  and  a  value  placed 
thereon,   and    shall    ascertain    the     name     of    the   owner,   or 


Act  1913.  §7  LEVEE    DISTRICTS.  S70 U 

owners,  of  the  said  levee,  or  work  of  protection,  and  shall 
98   the    sam<     as   damages   to    tin-   owner,   or   owners.      And 
the  said   commissi  'I    estimate    the    totnl    cost    for 

all     purposes    of      erecting,    constructing    or      repairing    said 
ikei   or  other   works,   and    maintaining   the   same   for 
one  year,   including   all   damages   award)  d    and   shall    tin  r. 

upon    nm  rl    of    the    foregoing    matters    to    the    board 

of  supervisors.  The  hoard  of  supervisors  at  the  next  regu- 
lar meeting  after  filing  of  the  report  of  said  commissioners, 
or  at  the  time  when  the  report  was  filed  (if  then  in  session), 
must  fix  a  day  for  hearing  the  same;  and  must  give  notice 
of   the     time     and    place     of    Such    hearing  by    publication,   at 

for  at   letksl    two  weeks, 

re  such  hearing,  in  a  newspaper  published  and  circn 
lated  in  the  county,  to  I"  designated  by  the  hoard.  Said 
DOtice   shall    intel:  .     the   proposed    route  or  lin< 

upon   which   said    levees,   dikes,   and  other  works  arc-   to   h- 
•■<!,    and    the    nanus    of    the    owner     of     lands,     or     other 
property,    through    which    thi  runs,    if    known,    and    if 

not    known,    that    fad    must    he    stated.      The    hoard    must,   on 
the    day    fixed    for    the    hearing,   or   to    which    it    may    he    ; 
poned    or    continued,    hear    tin-    ■  \  id.  nee     offered    hy    parties 
interested    for   or   against    the    proposed    works,   and    the   dam 

by  said  commissioners,  and  mutt* 

ascertain,    anil    hy    order    declare    the     amount     of     damage 

owii'T   Where   mich   dan  ;.   and 

declare    the    report    of    said    commission,  rg    to    bo    adopted    or 

bed  in  whole,  or  in  part.  Said  report  so  adopted  show- 
ing the  estimated  dam  -  and  expenses  for  the  (ra- 
tion or  repair,  of  such  « 1  i k  and  other  works,  and 
the  maintaining  oi  the  sam<  J*sx,  Shall  1"  the  liar's 
for   the   assessment   of  the   lands   within   the   boundaries   of 

said  distriet  for  such  year,  and  thin  upon  su<-h  eoinmis 
pioners  shall  he  discharged,  And  the  said  hoard  of  super- 
visors shall  from  year  to  year  tlonnft<r,  as  may  he  t* 
sary,  appoint  three  commission,  rs  as  h.  r»  in  before  pro- 
vided, whose  dntiet  shall  he  the  same  as  herein  1»  tor 
out,  and  Who  shall  report  to  the  board  of  supervisors  the 
■  1  expenses  for  the  eveetioa  or  repair,  of 
dik'  and    other    works,    and    the    cost    of    maintain 

ing  the  same  for  that  y<  ar,  to  the  board  of  superfu 
and  said  report  shall  be  acted  upon  and  adopted  by  said 
board  in  tin  same  manner  as  hereinbefore  set  out,  and  the 
adoption  of  sueh  report  shall  in  eaeh  instance  form  the 
basis  of  the  estimate  of  tin  board  of  supervisors  of  tie 
amount    ot    money    required    to  by   assessment   of 

said  lands   within  such  district  for  such  year. 


5?0e  LEVEE   DISTRICTS.  Acts  1913,  §§  5-10 

Sec.  8.  The  commissioners  mentioned  in  this  act,  other 
than  the  engineer,  shall  receive  for  their  services  the  sum 
of  $5.00  per  day  while  actually  employed,  and  such  engi- 
neer shall  receive  such  compensation  as  may  be  agreed  upon 
between  said  engineer  and  the  board  of  supervisors,  and 
the  compensation  of  such  commissioners,  and  all  expenses 
incurred  by  them  shall  be  considered  as  an  expense  of  the 
work  of  improvements  of  said  district,  and  shall  be  charge- 
able and  payable  as  other  expenses  of  such  district  are 
paid. 

Sec.  9.  The  county  assessor  of  such  county  shall  on  or 
before  the  first  day  of  September  of  each  year  after  the 
formation  of  such  district,  and  at  such  other  times  as  the 
board  of  supervisors  shall  require,  furnish  said  board  of 
supervisors  with  a  detailed  statement  showing  the  names  of 
all  owners  of  land  within  the  boundaries  of  said  district,  and 
the  assessed  valuation  of  said  laud  and  improvements  there- 
on, as  shown  on  the  last  preceding  assessment  made  by  such 
assessor  on  the  lands  within  such  district.  The  word  land 
shall  be  held  to  include  all  railroad  beds  within  the  district. 

Sec.  10.  At  the  time  when  by  law  it  is  the  duty  of  the 
board  of  supervisors  of  such  county  to  fix  the  annual  tax 
rate  for  such  county,  the  said  board  of  supervisprs,  taking 
as  a  basis  the  last  previous  report  of  the  commissioners  as 
herein  before  specified  and  adopted  by  them,  for  the  amount 
of  moneys  necessary  to  be  raised  in  said  district  for  the  pur- 
poses thereof  for  that  year,  and  the  valuation  of  the  lands 
and  improvements  thereon  within  such  district  as  furnished 
them  by  the  county  assessor,  must  levy  a  tax  upon  all  tax- 
able property  in  such  levee  district  sufficient  to  raise  the 
amount  set  forth  in  the  report  as  made  by  said  commission- 
ers and  adopted  by  said  board  of  supervisors.  The  rate  of 
taxation  shall  be  ascertained  by  deducting  fifteen  per  cent 
for  anticipated  delinquencies  from  the  aggregate  value  of  the 
lands  and  improvements  thereon  in  said  district,  as  shown 
by  the  statement  prepared  and  furnished  to  the  said  board 
of  supervisors  by  the  asse&sor  as  herein  before  provided,  and 
then  dividing  the  sum  necessary  to  be  raised  in  said  levee 
district  by  the  remainder  of  such  aggregate  assessed  value 
as  shown  in  said  statement  as  furnished  by  said  assessor. 
The  taxes  so  levied  shall  be  computed  and  entered  on  the  as- 
sessment roll  by  the  county  auditor,  and  collected  at  the 
same  time  and  in  the  same  manner  as  state  and  county 
taxes;  and  when  collected  shall  be  paid  into  the  county 
treasury  for  the  use  of  the  said  levee  district  in  which  said 
taxes  was  levied.  And  all  taxes  so  levied  as  herein  before 
provided  shall  be  a  lien  upon  the  lands  and  properties  in  said 


■ 


Act  1913,  §§  11,  12  LEVEE    DISTRICTS.  WW 

district  in  the  manner  and  with  the  same  effect,  and  collected 
in  the  same  way  as  are  state  and  county  taxes. 

Sec.  11.  All  moneys  collected  from  such  district  for  such 
taxes,  and  all  moneys  received  from  any  source  for  the  bene- 
fit of  such  district  shall  be  by  the  county  treasurer  placed 

in  a  fund  to  be  called  the  " levee  district  fund";  and 

all  payments  of  any  of  the  expense  of  the  work  of  im- 
provements or  other  expenses  of  such  district  shall  be  made 
upon  warrants  drawn  by  the  county  auditor  upon  said  fund, 
ynd  paid  by  said  treasurer,  and  all  claims  as  well  for  the 
land  and  improvements  taken  or  damages,  as  for  the  charges 
and  expenses,  shall  be  paid  as  are  other  claims  against  th« 
county  and  upon  order  of  the  board  of  supervisors,  and  tlv 
claims  shall  be  itemized  in  the  same  manner  as  are  other 
claims  against  the  county. 

Sec.  12.  The  board  of  supervisors  of  such  county  shall 
have  the  same  supervision  and  the  same  control,  and  exor- 
cise the  same  authority,  over  the  affairs  and  property  of 
such  district  as  are  given  to  the  said  board  of  supervisors 
by  law  over  the  property  and  affairs  of  the  county.  No 
levees,  dikes,  or  other  works  must  be  constructed  or  repaired 
except  on  the  order  of  the  board  of  supervisors,  and  when 
such  repair  or  construction,  will  exceed  the  sum  of  $500:00 
the  same  must  be  repaired  or  constructed  under  a  contract 
let  after  reasonable  notice  given  by  the  said  board  of  super- 
visors, by  publishing  said  notice  a  least  once  a  week  for 
two  weeks  in  a  newspaper  published  and  circulated  in  said 
county,  and  designated  by  sard  board.  All  bids  shall  be 
sealed;  and  shall  be  opened  at  the  time  specified  in  the 
notice,  and  the  contract  awarded  to  the  lowest  responsible 
bidder.  The  board  may,  however,  reject  any  and  all  bids. 
The  contract  and  bond  for  its  performance  must  be  entered 
into  and  approved  by  the  board  of  supervisors;  except, 
however,  in  cases  of  great  emergency,  by  the  unanimous 
consent  of  the  whole  board  they  may  proceed  at  once  to 
replace  or  repair  any  and  all  levees,  dikes,  or  other  works  of 
whatever  nature,  without  notice.  Prior  to  the  publication  of 
the  notice  of  the  letting  of  any  contract  for  the  erection  or 
repair  of  dikes,  levees  or  other  works  the  board  of  supervis- 
ors must  cause  to  be  prepared  by  a  competent  engineer, 
plans,  specifications,  and  working  details  of  such  work,  which 
said  plans  and  specifications  shall  be  adopted  by  the  board 
of  supervisors  and  filed  in  the  office  of  the  clerk  of  said 
board,  and  shall  be  subject  to  inspection  by  any  person  for 
at  least  two  weeks  prior  to  the  date  of  the  letting  of  such 
contract.     The  board  of  supervisors  must  appoint  an  engineer 


570g  LEVEE    DISTRICTS.  A.ct  1913,  5  5  13-15 

to  superintend  the  construction,  repair  or  other  work  to  be 
done  under  such  plans  and  specifications  and  no  claims  shall 
be  allowed  for  any  work  done  under  any  contract  let  under 
such  plans  and  specifications  without  a  certificate  being  first 
filed  in  the  office  of  the  clerk  of  the  board  of  supervisorc 
signed  by  said  engineer  certifying  that  such  work  has  been 
completed  and  constructed  according  to  such  plans  and 
specifications,  and  the  terms  of  the  contract;  such  engineer 
shall  be  paid  such  compensation  as  may  be  agreed  upon  by 
said  board  of  supervisors  and  such  compensation  shall  be 
paid  in  the  same  manner  as  other  claims  against  said  dis- 
trict. 

Sec.  13.  The  board  of  supervisors  shall  have  power  to 
appoint  a  superintendent  for  said  district  whenever  said 
board  of  supervisors  shall  deem  such  superintendent  neces- 
sary, to  supervise,  care  for  and  make  necessary  repairs  of  all 
levees,  dikes,  and  other  works  of  said  district  under  the 
supervision  and  direction  of  said  board.  The  compensation 
of  such  superintendent  shall  not  exceed  the  sum  of  $50. 00 
per  month  and  be  shall  hold  his  position  subject  to  the  will 
of  said  board.  Provided,  that  whenever  the  said  board  of 
supervisors  shall  deem  it  necessary  the  said  board  shall  have 
power  to  employ  a  competent  engineer  and  an  attorney  or 
attorneys  at  such  compensation  as  may  be  agreed  upon,  to 
perform  any  and  all  necessary  engineering,  and  legal  work 
for  said  district.  The  compensation  of  such  engineer,  at- 
torney or  attorneys  and  such  superintendent  shall  be  paid 
the  same  as  other  claims  against  the  said  district. 

Sec.  14.  Whenever  said  board  of  supervisors  shall  con- 
sider that  the  construction  or  repair  of  dikes,  levees,  or 
other  works  of  said  district  along  or  upon  any  of  the  county 
roads  of  such  county,  will  be  for  the  mutual  benefit  of  such 
district  and  such  county,  then,  in  that  event,  the  said  board 
of  supervisors  shall  have  power,  and  may  contribute  to  the 
expense  and  cost  of  such  work,  such  sums  of  money  as  they 
may  deem  proper  on  behalf  of  the  county,  and  such  moneys 
shall  be  paid  out  of  either  the  general  road  fund  or  the 
special  fund  of  any  road  district  or  in  which  said  work  is 
done,  and  as  a  majority  of  said  board  of  supervisors  may 
determine. 

,  Sec.  15.  If  at  any  time  in  the  opinion  of  the  board  of 
supervisors  the  expenditure  of  money  is  absolutely  necessary 
to  the  welfare  of  such  levee  district,  and  there  is  no  money 
in  the  fund  of  such  district  to  make  such  necessary  expen- 
ditures, or  the  money  in  such  funds  is  insufficient  to  make 
such   necessary   expenditure,   then     the    board     of    supervisors 


.Vet  1913,  §§  11.  12  LEVEE   DISTRICTS.  670f 

district  in  the  manner  and  with  the  same  effect,  and  collected 
in  the  same  way  as  are  state  and  county  taxes. 

Sec.  11.     All  moneys  collected  from  such  district  for  such 
-,  and  all  moneys  received  from  any  source  for  the  bene- 
fit of  such  district  shall  be  by  the  county  treasurer  placed 

in  a  fund  to  be  called  the  " levee  district  fund";  and 

all  payments  of  any  of  the  expense  of  the  work  of  im- 
provements or  other  expenses  of  such  district  shall  bo  made 
upon  warrants  drawn  by  the  county  auditor  upon  said  fund, 
and  paid  by  said  treasurer,  and  all  claims  as  well  for  the 
land  and  improvements  taken  or  damages,  as  for  the  charges 
and  expenses,  shall  be  paid  as  are  other  claims  againsl  the 
county  and  upon  order  of  the  board  of  supervisors,  and  t)> 
claims  shall  be  itemized  in  the  same  manner  as  are  other 
claims  against  the  county. 

Sec.  12.  The  board  of  supervisors  of  such  county  shall 
have  the  same  supervision  and  the  same  control,  and  exi  r 
cise  the  same  authority,  over  the  affairs  and  property  of 
such  district  as  are  given  to  the  said  board  of  supervisors 
by  law  over  the  property  and  affairs  of  the  county.  No 
levees,  dikes,  or  other  works  must  be  constructed  or  repaired 
except  on  the  order  of  the  board  of  supervisors,  ami  when 
such  repair  or  construction, will  excee.l  (lie  sum  of  $500."00 
the  same  must  be  repaired  or  constructed  under  a  coritraci 
let  after  reasonable  notice  given  by  the  said  board  of  super- 
visors, by  publishing  said  notice  a  least  once  a  week  for 
two  weeks  in  a  newspaper  published  and  circulated  in  Baid 
county,  and  designated  by  sard  board.  All  bids  shall  be 
sealed;  and  shall  be  opened  at  the  time  specified  in  the 
notice,  and  the  contract  awarded  to  the  lowest  responsible 
bidder.  The  board  may,  however,  reject  any  and  all  bids. 
The  contract  and  bond  for  its  performance  must  be  enter*  .< 
into  and  approved  by  the  board  of  supervisors;  ex 
however,  in  cases  of  great  emergency,  by  the  unanimous 
consent  of  the  whole  board  they  may  proceed  at  once  to 
replace  or  repair  any  and  all  levees,  dikes,  or  other  works  of 
whatever  nature,  without  notice.  Prior  to  the  publication  of 
the  notice  of  the  letting  of  any  contract  for  the  i  rection  or 
repair  of  dikes,  levees  or  other  works  the  board  of  supervis- 
ors must  cause  to  be  prepared  by  a  competent  engineer, 
plans,  specifications,  and  working  details  of  such  work,  which 
said  plans  and  specifications  shall  be  adopted  by  the  hoard 
of  supervisors  and  filed  in  the  office  of  the  clerk  of  sail 
board,  and  shall  be  subject  to  inspection  by  any  person  for 
at  least  two  weeks  prior  to  the  date  of  the  letting  of  such 
contract.     The  board  of  supervisors  must  appoint  an  engineer 


570g  LEVEE    DISTRICTS.  A.ct  1913,  §§  13-15 

to  superintend  the  construction,  repair  or  other  work  to  be 
done  under  such  plans  and  specifications  and  no  claims  shall 
be  allowed  for  any  work  done  under  any  contract  let  under 
such  plans  and  specifications  without  a  certificate  being  first 
filed  in  the  office  of  the  clerk  of  the  board  of  supervisors 
signed  by  said  engineer  certifying  that  such  work  has  been 
completed  and  constructed  according  to  such  plans  and 
specifications,  and  the  terms  of  the  contract;  such  engineer 
shall  be  paid  such  compensation  as  may  be  agreed  upon  by 
said  board  of  supervisors  and  such  compensation  shall  be 
paid  in  the  same  manner  as  other  claims  against  said  dis- 
trict. 

Sec.  13.  The  board  of  supervisors  shall  have  power  to 
appoint  a  superintendent  for  said  district  whenever  said 
board  of  supervisors  shall  deem  such  superintendent  neces- 
sary, to  supervise,  care  for  and  make  necessary  repairs  of  all 
levees,  dikes,  and  other  works  of  said  district  under  the 
supervision  and  direction  of  said  board.  The  compensation 
of  such  superintendent  shall  not  exceed  the  sum  of  $50.00 
per  month  and  he  shall  hold  his  position  subject  to  the  will 
of  said  board.  Provided,  that  whenever  the  said  board  of 
supervisors  shall  deem  it  necessary  the  said  board  shall  have 
power  to  employ  a  competent  engineer  and  an  attorney  or 
attorneys  at  such  compensation  as  may  be  agreed  upon,  to 
perform  any  and  all  necessary  engineering,  and  legal  work 
for  said  district.  The  compensation  of  such  engineer,  at- 
torney or  attorneys  and  such  superintendent  shall  be  paid 
the  same  as  other  claims  against  the  said  district. 

Sec.  14.  Whenever  said  board  of  supervisors  shall  con- 
sider that  the  construction  or  repair  of  dikes,  levees,  or 
other  works  of  said  district  along  or  upon  any  of  the  county 
roads  of  such  county,  will  be  for  the  mutual  benefit  of  such 
district  and  such  county,  then,  in  that  event,  the  said  board 
of  supervisors  shall  have  power,  and  may  contribute  to  the 
expense  and  cost  of  such  work,  such  sums  of  money  as  they 
may  deem  proper  on  behalf  of  the  county,  and  such  moneys 
shall  be  paid  out  of  either  the  general  road  fund  or  the 
special  fund  of  anj'  road  district  or  in  which  said  work  is 
done,  and  as  a  majority  of  said  board  of  supervisors  may 
determine. 

Sec.   15.     If  at  any  time  in  the  opinion  of  the  board  of 

supervisors  the  expenditure  of  money  is  absolutely  necessary 

to  the  welfare  of  such  levee  district,  and  there  is  no  money 

the   fund   of   such   district   to   make   such   necessary   expen- 

itures,   or   the   money   in   such   funds   is   insufficient   to   make 

such   necessary   expenditure,   then     the    board     of    supervisors 


.IOT8. 

ma\  at    of   the  genera.)    f\md    of    the 

com'  tfl    soon    a- 

■ 
so  :\  '■     I    the  county 

'  ■.<    county    • 
the  fund  of  -  a  sum  sufficient   to  repay   the 

r    r«  peal 
or   mai; 

riinnge  or   f>>r 
:    as    nn    in 

•    such    dife 
-  re    iiioct    ft] 

'   the   partiee  inters 

ACT    1911. 

To  and    government     of     levee 

I  •    ■ 
of    itnui  -  r.ama    of    uater.    ir 

confine  running    stream*   to  a    fixe*]    channel. 

[Ap]  W$,   p- 

111.] 

ACT 

Fuba,    Sutter,    and    lM.i  I  ■*,    to   orgnnire   a   levee    dis- 

•    in,  and   I 

.11.      [8tat*.    1877-8,   p.    732.] 

ACT    1916. 

To  <••  .   Sacramento  Connty,  and   to 

for   its    g  •..      [Stat-  p.    8-"3.] 

Amended    1880.    65. 

ACT     1917. 

iry    to    an    act    entitled    "An 
act  •  proridla   for  the  govern 

otlicers    for    s:ii.l     .  inding    the    floating    debt,    and 

refunding  the  funded  d<  bt  thereof.      [Slata.  li>*J3,  p.  199.] 

An.'  286. 

ACT    1918. 

To    define    the    boondarj    and    provide    for    the    government    of 
number    nix    of    Sutter    County,    California. 

[Stats.    1891,  p.  237.J 


571  LEVEE   DISTRICTS.  Acts  1919-1921,  §  t 

ACT    1919. 

To    provide   for    funding   the    indebtedness     of     levee    dil 

number  six,   of   Sutter   County,   a  ir    tin 

payment  of  such  funded  d<  bt.     [Stats.  1891,  p.  235.] 

ACT    T920. 

Providing  for  the  payment  of  all  moneys  in  tl>.  gfete  tren- 
nry  to  the  credit  of  swamp  Innd  district  funds  to  the 
treasuries  of  the  counties  wherein  the  s:ii<l  swamp-land 
districts  are  situated,  and  to  provide  for  the  control  of 
the  same  by  the  auditor  and  treasurer  of  said  enmities, 
and    prescribing   the   duties  oatooHefr    and    tfeas- 

urer     in     relation     thereto.      [Approyed     Marvli     :U,    L891. 
Stats.   1891,  p.  243.] 

ACT    1921. 

An  act  to  provide  for  the  funding  and  refunding  of  the  in- 
debtedness   of    levee    and    protection     districts. 

[Approved  April  1,  1897.     Stats.   1897,  p.  424.] 

The   people   of   the   state   of   California,    represented    in    sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  The  hoard  of  directors  or  trustees  of  any  lover 
or  protection  district  having  an  outstanding  indebtedness  of 
not  less  than  twenty  thousand  dollars,  evidenced  by  bonds  or 
warrants  of  such  district,  by  a  vote  of  two-thirds  of  all  the 
members  thereof,  are  empowered,  if  they  deem  it  for  the  best 
interest  of  such  district  to  fund  and  refund  the  same,  or 
any  part  thereof,  and  issue  bonds  of  such  district  therefor,  in 
sums  of  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  each,  having  not  more  than  twenty  Mars  to 
run,  and  bearing  a  rate  of  interest  not  exceeding  seven  per 
cent  per  annum,  payable  semi-annually,  which  bonds  shall  be 
substantially  in  the  following  form: 

No.  .     (Name  of  district),  in  the  county  of ,  state 

of  California,  for  value  received,  promises  to  pay  ,  or 

order,  at  the  office  of  the  treasurer  of  said  district,  in  , 

California,  on  or  before  the  first  day  of  ,  19 — ,  the  sum 

of  dollars,  in  gold  coin  of  the  United  States,  with  in- 
terest at  the  rate  of  per  cent   per  annum,   payable   at 

the  office  of  said  treasurer  semi-annually,  on  the  first  tlay  of 

and  in  each  year,  on  presentation  and  tfafrtender  of 

the   interest   coupons   hereto   attached.     This   bond    is    issued 

by  the  board  of  of  said  district  in   conformity  with  a 

resolution  of  said  board,  dated  the day  of ,  eighteen 

hundred  and  ,  and  under  authority  conferred  upon  said 


Act  iazi.  {  2  LEVEK    DISTRICTS.  5"1 

•   of  the  Cali- 

fun.i 

•'  • 

rd    of 

.  "  ot 

with 

jiis  day  of  18 — . 

» 
Chairman   of  ird. 

tH  •   ,  Audit. ir  of county. 

•  •  •     •'    ".  m   I  |   f'»rm  : 

holder 

of  ,  I  ,  at  in  , 

:'   said   d^ 

. 

8e<-  • ;*  act   ulnii    (m    nmnh 

his  o 

I 
■ 
and 
Hon  "  istcea  of 

i  n  d « 

tin  r 

sliall  b<-  applii  a  ex- 

Whet 

j 
approval  ot  tii.'  i 


."73  LOTKB    DISTRICTS.  Act  1921.  8}  J-5 

Sec.  3.  The  board  of  directors  or  trustees  shall  cause  to 
be  assessed  and   levied   each   year   upon   tl  1,1,.   prop- 

erty of  the  district,  in  addition  to  the  levy  authorised  for 
other  purposes,  B  Buffieient  sum  to  pay  the  interest  on  out- 
standing bonds,  issued  in  conformity  with  thr  provisions  of 
this  »et,  accruing  before  tin  next  annual  levy,  and  such  pro- 
portion of  the  principal,  that  at  thr  end  of  five  years  the 
sum  raised  from  such  li  I  equal  at  least   twenty   per 

cent  of  the  amount  of  bonds  issued,  at  the  end  of  nine-  years 
at  least  forty  per  cent  of  the  amount,  and  at  and  before  the 
date  of  maturity  of  the  bonds  shall  be  equal  to  the  whole 
amount  of  the  principal,  and  the  money  arising  from  such 
levies  shall  lie  known  as  the  l>ond  fund,  and  shall  he  used  for 
the  payment  of  bonds  and  inti  rest  coupons,  and  for  no  other 
purpose  whatever;  and  the  treasurer  shall  open  and  keep  in 
his  books  a  separate  and  Special  account  thereof,  which  at  all 
times  shall  show  the  exact  condition  of  said  bond  fund. 

Sec.  4.  Whenever  there  shall  be  in  the  bond  fund  of 
such  district  a  surplus  of  five  hundred  dollars  or  more, 
over  and  above  the  interest  maturing  before  the  next  levy, 
the  treasurer  shall  give  notice  for  two  weeks  in  one  or 
more  newspapers  of  general  circulation,  printed  and  pub- 
lished in  the  county  in  which  such  district  is  situated,  stat- 
ing the  amount  of  such  surplus,  and  that  on  the  day  and 
hour  named  in  such  notice,  sealed  proposals  will  be  re- 
ceived at  his  office  for  the  surrender  of  bonds  of  the 
district,  and  shall  at  the  time  and  place  named  open  the 
proposals  and  accept  the  lowest  bid;  provided,  that  no 
bid  shall  be  accepted  for  an  amount  exceeding  the  par 
value  of  such  bonds  with  accrued  interest;  if  bids  are  not 
offered  at  par,  or  less,  sufficient  to  exhaust  the  amount  on 
hand  applicable  to  redemption,  the  treasurer  shall  publish 
for  the  same  time  and  in  the  same  manner  a  notice  that  he 
will  redeem  a  bond  or  bonds  of  said  district,  giving  the 
number  or  numbers  thereof,  and  that  if  not  presented  for 
redemption  within  thirty  days  after  the  date  of  the  first 
publication  of  such  notice,  the  interest  thereon  will  cease, 
and  the  amount  due  thereon  will  be  set  aside  for  the  pay- 
ment of  such  bond  or  bonds  whenever  presented.  If  any 
such  bond  be  not  so  presented,  interest  thereon  shall 
cease,  and  the  amount  due  thereon  shall  be  set  aside  as 
specified  in  said  notice.  All  redemption  of  bonds  other 
than  those  voluntarily  surrendered  shall  be  made  in  the 
exacl  order  of  their  issuance,  beginning  with  the  lowest 
or  first   number. 

Sec.    5.     This    act    shall    take    effect    immediately. 


Acts  1926- ia39  • 

TITLE  265. 
LEA 

ACT    1926. 

Lexington,     1  .run.'     changed     to      El 

'     ;  .   W4.1 


TITLE   266. 
Lll 
ACT    1931. 

iml    slander.     [Stats.    1871-2, 

Cal.    I  y.  130:    78.  ...    n.  4S. 

iv.xjodure.    \ppendU.    p. 
:    f   r   csU      It    was   n ■•: 
1    by    the    Code   of   Civil  ith   v.    McDcrmott,    U   Cal 

421.) 


TITLE   267. 

LI' 
ACT     1936. 

To    provide    (  for   ignore.     [8tata. 

•    1'-    •*] 

Amended   WW.    I  ■<*.    Ml;     IS6T.    80.    Ul.   J60;     IBS*.   ML 

v.    Nag-loc,    1    Cal.    £32; 
L-sloncr's    Not*. 

ACT    1937. 

To   prohibil    tl  licenses  to   sliens   not   i-ligih. 

\.    yuunj;    Op    l^utis,.  L..    J 

-Je,    sec.    3666.    as   amended    I'jOI.    636."— Code    Com- 

ACT     1938. 

Enforcing    the    collection    of    lin-nae    taxes.      [Stats.    1871-2, 
p.    539.] 

This    act     Imposed     u|on     :  MssTDS]     trie    duly    of    insti- 

tuting KS    asalnst    pcisoas    niKl'-otiag    to    pay    ferry    or    bridge 

ACT    1939. 

Authorizing    the    payment    of   salaries    by    boards    of    s; 

a  ho    bave    been    employed    to    collect 


5T5  LJCWNSES.  Acts  1910,  1941,  §§  1. 

county  licenses,  and  legalizing  ;ill  payments  heretofore 
made  to  sueh  persons.  [Approved  March  27,  1895 
Stats.    1S95,    2G7.] 

this   act,   ante,    p.   406. 

ACT  1910. 

An  act  restricting  the  powers  of  boards  of  supervisors  in 
the  matter  of  imposing  license!  upon  I  lie  business 
of  raising,  bending,  grazing,   acid    pasturing  sheep. 

[Approved    February    26,    1903.     Stats.    1903,    41.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do   enact   as   follows: 

Section  1.  No  license  or  Heensefl  greater  than  five  cents 
per  head  shall  be  imposed  by  the  board  of  supervisors  of 
any  county  on  the  business  of  raising,  herding  0r  pasturing 
sheep,  and  any  and  all  licenses  imposed  by  the  board  of 
supervisors  of  any  county  on  the  business  of  raising,  herd- 
ing or  pasturing  sheep,  in  excess  of  five  cents  per  head, 
shall  be  and  are  hereby  declared  invalid;  provided,  the 
provisions  of  this  act  shall  not  apply  to  any  license  tax 
the  validity  of  which  is  involved  in  any  suit  now  pending, 
or  to  any  such  license   tax  due   when   this   act   takes   effect. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT    1941. 

An  act  imposing  a  license  tax  upon  itinerant  vendors  ol 
drugs,  nostrums,  ointments,  or  appliances  sold  for  the 
cure   of   disease,   injuries,   or   deformities. 

[Approved  March   20,   1903.     Stats.   1903,  284.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  No  person,  as  principal  or  agent,  shall  con- 
duct as  an  itinerant  vendor  the  business  of  selling  drugs, 
nostrums,  ointments,  or  any  appliances  for  the  treatment 
of  disease,  deformities,  or  injuries,  within  this  state,  with- 
out previously  obtaining  a  license  therefor  as  herein  pro- 
vided. 

Sec.  2.  An  annual  license  fee  of  two  hundred  dollars 
is  hereby  levied  upon  all  such  itinerant  vendors  doing 
business  in  this  state.  Said  tax  shall  be  paid  to  the  state 
board  of  pharmacy,  for  the  use  and  benefit  of  the  state  of 
California,    and     shall    constitute     a    special    fund    for    the 


tot  1941.  §§  3-6  LICE:  5To 

payment  of  the  expense  of  said  board  of  pharmacy,  and  for 
the  enforcement  of  this  act,  and  of  tin  provisions  of  the 
net  icn    1 » •  • .- » r <  1    nf   pharmacy.     Upon    the 

receipt   oJ  m    from   any   persons   desiring  to  conduct 

such  business  within  this  Btate,  the  secretary  of  said 
board  of  pharmacy  shall  issue  ■  license  to  such  person  to 
carry  on  Bnofa  busineas  within  this  state  until  the  first  day 
of  July,  next  ensuing;  provided,  that  nothing  in  this  art 
shall  be  construed  to  prevent  the  collection  of  any  tax  that 
may  be  imposed  by  any  county  "r  municipal  authority 
and  provided,  further,  that  Dothing  herein  contained  shall 
prevent  manufacturing  pharmaceutical  (inns  from  placing 
their  products  "ii  the  market  through  their  agents  and 
mana  bji  cl    to    the    prot  I  on    tan  ■■    «f 

tliis  act. 

■  odors    under    the    mi  aning    of    I 
act    shall    includi    all  rho   carry    on    the    buaii 

abovi     described    by    passing    from    house    to    house, 
haranguing   the   people   on   the    publi<  ti  public 

places,  imary  di  .rices   for  attracting 

crowds     and     thin  with     recommending    tlnir    nrart 
off<  ring   t  in  mi    far    - 

4.     Said    board   of    pharmacy   shall   on   the    first 
of  July   of  each  year  mak<    a    verifl  d   and   itemisi 
mint    in   writing  tu   the  controller  of   this  state,  of  all 
COiptS     and  ■oming     into     thi  ir 

hands  by  r»  ason   of  this  act. 

~>.     Any   person    violating   any   of   the   provisions   i 
tliis   act,   who   shall    without    such    license,   sell   or   offer   for 

sale     any     .it'     the     ;il described     drags,      nostrums,    oint 

ments,   ur   appliances,  shall    be   deemed    guilty   of   a    mi 
meanor,   and    fur  such   breach   of   this  act   upon   sonviotion 

therefor,  shall  be  punish,  d  by  a  tine  of  not  less  thau  one 
hundred    dollars     nor    more    than    two    hundred    and    fifty    do! 

Lars,  or  by  imprisonment  in  the  county  jail  for  not  lees  than 
fifty  days  or  more   than   one  hundred  and  twenty  days,  or 

both       such     fine      and     imprisonment.      All     fin  Bred 

under    this    act    shall    be    paid    by    the     magistrate    receiving 

the   same,   to    the    Btate    board   of   pharmacy,   and   by 
board   placid   in    the  special   fund   created   by   section    two  of 
this  act. 

Sec.    (5.     In    all    actions   or    prosecutions    under    this    set    it 
need    not    be    alleged    in    the   complaint    nor    proved    by    the 


BTT  LICENSES.  Act  IMS,  5  1 

prosecution  that  the  defendant  has  not  a  license  as  re- 
quired in  this  act,  but  the  fact  that  he  has  such  license  may 
be  plead  as  a  matter  of  defense. 

Sec.  7.  All  acts  or  parts  of  acts  conflicting  with  this 
act  [are]  hereby  repealed,  in  and  so  far  as  they  conflict. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  sixty 
days  after  its  passage. 

ACT    1942. 

An  act  to  authorize  counties,  cities  and  counties,  and  in- 
corporated towns,  and  chartered  or  incorporated  cities, 
to  license  bicycles,  tricycles,  and  similar  vehicles,  and 
collect  a  fee  therefor,  for  the  purpose  of  devoting 
such  fee  to  the  construction  of  paths  along  county 
roads  for  the  use  of  pedestrians,  and  the  wheeling 
thereon   of   such  vehicles. 

[Became  a  law  under  constitutional  provision  without 
governor's  approval,  March  16,  1901.  Stats.  1901,  p. 
324.] 

The  people  of  the  state  of  California,  represented  in  senate 
and    assembly,    do    enact    as    follows: 

Section  1.  Counties,  cities  and  counties,  chartered  or 
incorporated  cities  and  towns  in  the  state  of  Californ;a,  are 
hereby,  through  the  governing  bodies  thereof,  authorized 
and  permitted  to  license  the  use  of  bicycles,  tricycles, 
automobile  carriages  and  carts,  and  similar  wheelo  i 
vehicles,  propelled  by  the  power  of  the  rider,  or  by  motor 
under  control  of  the  rider,  owned,  rented,  and  used  within 
the  several  jurisdictions  above  named;  provided,  that 
such  license  shall  be  granted  and  issued  only  on  payment 
of  a  fee  not  to  exceed  one  dollar  a  year  for  each  of  such 
vehicles;  and  further  provided,  that  the  money  so  collected 
shall  be  appropriated  and  used  only  for  the  purpose  of  con- 
structing and  maintaining  paths  and  walkways  for  the 
use  of  pedestrians,  and  the  wheeling  of  the  above-named 
vehicles;  and  provided  also,  that  the  sum  of  the  taxes  paid 
to  the  state,  county,  town,  or  municipality,  upon  any  vehi- 
cle the  use  of  which  is  hereby  authorized  to  be  licensed, 
shall  be  deducted  from  the  amount  of  the  license  fee  here- 
by authorized,  and  credited  upon  the  license;  it  being 
the  intention  that  any  license  fee  hereby  authorized  shall 
be  collected  in  such  less  sum  as  is  represented  by  the 
substruction  of  the  personal  property  tax  from  the  sum  of 
the  license  fee  fixed  by  such  ordinance. 
Gen.  Lawa— 47 


ACt  l'JVJ,    Jt 

an   oreRi  g    BQcU   license   and 

fixing  such    H  •  ',l ■■' 

rinil    the    licei  in    the    manner    and    l>y    the    ofl 

or  officers  provided  for  the  issuance  »ther 

• 
named    in    Bection  "h    label, 

taj,',   or   c<  rtifi 

sucn    lie<  ■        payment    of   raefa 

provided,    that    no     license    shall    be    required    for    my 
vehicle    -  in    thie  in    the  ■    of 

:i    mi  rchant,    mai 

I        • '  •      .  a  11.  r    or    hi 
in  r   agi  nt,   or   By    I  r'     tt  Dtod 

for   ase,   by    the   hour,    fl  .    or  QiteT   period   of 

tune. 

3.     It  shrill  r»c   lawful   for  sneta1    governing  bodice  to 
■h    ordinnnce    or    ordirmnVes    for    tin 

mewl  r  failure 

or   refusal    to    take  such    license,   or 

pro  Tided,  thai  •'      •  i   th<    •'■•■■■  of  the  Mid 

Ucei  actios    and    prosecution 

ander  th<  ball  any  judgi 

Of    il  I    Ol    '  #<  r  • ;.     '  •    r    hours    for 

•  ion  of  said  ordinance. 

1.     It  shall  be  lawful  to  provide  In  any  ndi  ordi- 
nance   author!  ■    of   the 

mini.                                                   -ni'Moti  and     maintenance 
of  auch  paths,  by  - 

and    counties,   wlthowl  the   limits   of   such  town    mfl    munici- 
pal   juris*                   but  within    the    county,  by    anil    with    the 
the   bom                                 I      ''  ;nty. 

Sec.   5.      No    municipal    or   town    authority    in    this   act    re- 
fern  atbority   l>y   ordinance  or  ol 

to    lii  •  is    in    this    ar! 

fern  lint    of  such 

municipal   or   town   y,  ■  r        need    bj    ■    reoideat 

of  sudi  juris,  all  any  county,  by  ordinance  or 

otherwise,    lay    such    license    upon    the  ny    such 

vehicle  named  in  this  act,  or  require  a  li^  therefor, 

,.t  the  same  is  1  wned  or  used  by  a  resident  of  the 
county  without  the  boundaries  of  town  or  municipal  .juris- 
dictions in  the  county;  provided,  that  if  any  town  or  mu- 
nicipal authority  authorized  under  this  act  does  not  provide 


679  LIENS.  Acts  1917-l'i  I' 

for  such  ordinance  of  license  and  fee  as  is  permitted  by  this 
act,  then,  and  in  that  ease,  the  governing  body  of  the  county 
may  by  ordinance  provide  for  the  license  herein  provided  for 
and  permitted,  and  the  collection  of  the  fee  authorized  by 
this  act,  so  as  to  makt  the  same  applicable  to  the  residents 
of  such  town  or  municipality.  Bat  in  no  case  shall  any  li- 
cense or  fee  be  required  of  travelers  in  counties  other  than 
that  of  their  residence,  nor  from  tourists,  or  visitors,  or  tem- 
porary residents  of  any  city,  town,  city  and  county,  or 
county. 

Sec.  6.  All  costs  and  charges  for  licenses  herein  pro- 
vided for,  for  tags,  or  visible  evidences  of  issuance  and  pos- 
session of  license,  for  receipts  for  payment  of  the  license 
fee,  and  other  necessary  and  inseparable  expense  related 
to  such  licenses,  ~,hall  be  paid  from  the  sum  of  such  collec- 
tions of  fees;  provide.!,  that  no  additional  salary  or  fee 
shall  be  paid  to  any  officer  of  any  county,  or  town,  or  city,  or 
city  and  county,  for  services  in  Issuing  or  delivering  licenses 
provided  for  by  this  act,  or  for  collecting  the  fees  therefor, 
authorized  and  provided  for  in  this  act. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TITLE  268. 
LIENS. 
ACT  1947. 

To  secure  a  lien  on  livestock  kept,  ^ed,  or  pastured.     [Stats. 
1869-70,  p.  723.   ] 
Not  repealed   by  codes.     See   Johnson   v.   Perry,    53   Cal.    351. 
Cal.    Rep.   Clt.    44.   304. 

ACT  1948. 

Creating  a  lien  in  favor  of  owners  of  stallions,  jacks,  and 

bulls,  used  for  propagating  purposes.        [Stats.   1891,  p. 

90.] 

Codified    by    amendments    of    Civil    Code,    1905.     See    note    to    §    306;;, 
Civil    Code. 

This  act  appears  in  full  in  Civil  Code,  Appendix,   p.  738. 

ACT  1949. 

To  secure  wages  of  persons  employed  as  laborers  on  thresh- 
ing machines.      [Stats.  1885,  p.  109.] 
Cal.    Rep.    Cit.    75,    201;     104,   11;     116,   293;     125,    171;     141,    94. 


\cts  1M6-135G  LIGHTHOUSES.  »• 

|    ammdroanta   of    Civil    Cod*    M06.     Se»    not.    to    |    **L 
Civil   C 

This  art   apprara  In    full   In   Civil   Coda.    Appendix,   p.    TO 

ACT   1950. 

To   secure   th<    paymi  nl   of  claims  of   m.v  hnn- 

ios.    or    '  n     iipou     - 

municipal   nr  other   public   work.      [State.   1897,   \\   2ul.) 

ACT  1951. 

■tig   a    lift  lafjujtjd    in    lodging 

ut    ami    hauled,      [8tat*.    I  - 
,..   747.] 

.led    18S0.    M:     1W7.    .O. 
:.  U6. 
in«-d   by    aviaiwlnwat   >'  '■*.    r*<6.     f*>*    note   to    | 

3065.    C 

Thla  act  appeaxa   In   full   In    Civil   Cod*.    Appaadls.    p.    740. 


TITLE   269. 

LIOHTHOUfi 

ACT   1956. 

and 
Hon    on    tl 

I    Mar.-l,    .  Jl.) 

etion   1.  .'lire 

title   tti   l.tnri   in  leagii  j  -•                      ■  ■  - 

navigable    »ral  within    th»*    limits 

tin  n  of,   for  the  sit  •  r  aid  tp 

aayigation,  and   applii  y  author 

tin     1'nit.  .li-s.ril.it 

,,f     tin-  r    "f    tl"' 

i     and     '  ii!|-.w.  r.  .1     '  tin      tit' 

jurisdiction   over   tl  no  single 

th.nn   ten  aen  .    • 

tain    coneorrent    jurisdiction    so    far    that    all    process,   civil 
riminal,   issuing   under  >rity   of  I  ma; 

>f,    tijxin    any    p.  r 
.   «  H  iiiti   tin    Brail 


"Rl  LIQUOR—I  -i:s    CITY.  Kzta  1981-1975 

land  so  ceded,  in   like   manner  and  to  like  effect  as  if  this 
:n  t    had    never    been    pa- 

Sec.  2.     This  act  shall   take   effect  immediately. 


LIQUOR. 

See    Intoxicating    Liquors. 


TITLE   270. 

LIVEBMOBE. 

ACT  1961. 

Incorporating.      [Stats.    1S75-0,   p.   Pin.] 

.-i] Parsed ed   by    incorporating,    In    l**),    andw    Municipal    Corporation 
Act   of   1883. 


TITLE   271. 

lodging. irorxES. 

ACT  1966. 

Relating      to      lodging  houses      and       sleeping      apartments. 
[Stats.  1875-8,  p.  753.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  401a, 
Penal    Code. 

This  act  appears  in  full  In  Civil  Code,  Appendix,  p.  743.  and 
Penal  Co\3e,   Appendix,    p.   632.     This  act   is  known  as  the   cubic  air   law. 


TITLE   272. 

LOGS. 
ACT  1971. 

Establishing  a   scale   ;        the   measurement   of  logs.      [Stats 
1877-8,  p.  604.] 
Amended  18&0,    119. 


TITLE  273. 
LOS  ANGELES  CITY. 
ACT  1975. 

Charter  of  Los  Angeles.  [Stats.   1889,  p.  455.] 
Amended,    1903,    553;     19C5,    980. 

Cal.    Hep.     Cit.     141,     206;      141,     507;  K8,     513;      146,     757;     146      758;      146. 

759;     146,    760;     146,    761;     146,    762;  146,    763;     147,    655;     147,    657. 


LOS    A.NQELE8    CITY.  ■ 

ACT  1976. 

Amendatory  of  charter  of.     [Stats.  1871-2,  p.  128.] 

Amended    1871-2,    6-:..     Supi  rsedcd    by    charter.    1889.    4W. 

ACT  1977. 

Charter  of.  .    p.    033.] 

Amended    1875-6.    692;      1877-8,    642.     Superseded    by    charter    of    that 
city,    UN,   455. 

ACT     1978. 

Charter    of.      (Stats.     1875-6,     p.     692.] 
Am.  ■  Superseded    by    charter   of    1889.    456. 

ACT    1979. 

.ting  board  of  education  and  authorizing  common  coun- 
cil bonds  for  special  school  building  fund. 
|  St:,'  p,     158.] 

Si  1 1  •     I.o«    An  ire  lea,    1889,    *5». 

ACT     1980. 

Authorizing  iasnanee  of  bonds  by.   for  improvement  of  Ir- 
rigation    in.      (Stats.     1875*6,     p.     79.] 

ACT    1981. 

■  if  bonds  for  building  ri   main   public  sewer.      [Stats. 
1875-6,    p.    39S.] 
ACT    1982. 

ince   of    bonds    for    improring    water-supply   of.     [Stats. 
p.   387.] 

ACT   1983. 

I  era      \  '■■■>  \<  s    Btreet,    issuance    of    bonds    for    widening    of. 
[Stats.    1877-8,    p.     H».| 

nf-tltutioiia!      (Schumacher    v.    Tolnrman,    56   Cal.    610.) 

ACT    1984. 

Ratifying  certain  acts  of  council  of.     [Stats.  1877-8,  p.  74.] 

ACT     1985. 

Board  of  public  works  for,  creating.      [Stats.  1875-6,  p.  856.J 

;s77-8,   48. 

ACT   1986. 
Public    Library,    establishing    in.     [Stats.    1S73-4,    p.    274.] 

•Sup  :lrt     VIU   ,>f   lhe  charter   of   Los   Angeles,    1889,   48. 

Cal.    73.)"— Code   Commissioners'    Note. 


LOS    ANGELES    COUNTY.  Acts  198. -199'" 

ACT    1987. 

Special    school    law    of,    amended.      [Stats.    1873-4,    p.    605. J 

rsefled  by   charter  of  Los   Angeles,   1889,   455. 
ACT    1988. 

Concerning   water-courses   in.      [Stats.    1869-70,    p.    645.] 


TITLE  274. 
LOS  ANGELES  COUNTY. 
ACT    1993. 

Protection   of   agriculture   in,   and   providing  for   distraining 
of    trespassing    animals.      [Stats.     1877-8,    p.     164.] 

Modified,  If  not  repealed,  by  the  estray  laws  of  1897,  198,  an\i  1901. 
603. 

ACT    1994. 

Artesian    wells   in,   act   to    regulate   use    of   and   to    prevent 
waste  of  water.     [Stats.  1875-6,  p.  331.] 

Repealed   1877-8,   196. 
ACT    1995. 

Assessor,    compensation      of    for    collecting    personal    prop- 
erty tax.     [Stats.   1875-6,  p.   570.] 
Repealed   by   County   Government   Acts,    1897,   496,    sec.    159. 
ACT    1996. 

Concerning  county   clerk  and   surveyor   in.      [Stats.   1869-70, 
p.    389.] 
This   act   relating    to   the   compensation   and    fees    of   these   officers. 
See   note   to  act   1119,    ante. 

ACT   1997. 

Supervisors   to   authorize   the   appointment   of   a   deputy   dis- 
trict  attorney   for.      [Stats.    1875-6,   p.    15.] 

Superseded    by    County    Government    Act,    1897,    498. 
ACT   1998. 
El   Monte    township,   Los   Angeles    County,    protection   from 

overflow    of    San    Gabriel    River    of    lands    in.     [Stats. 

1873-4,  p.   768.] 

ACT    1999. 

Grand   jurors,   fees   of.     [Stats.    1871-2,   p.    37.] 

"Probably  repealed  by  the  provisions  of  the  constitution  dispens- 
ing with  county  courts;  or,  at  all  events,  superseded  by  the  fee  bill 
of  1895,  273,  providing  for  jurors'  fees.  (Miller  v.  Curry,  113  Cal.  644; 
Hilton   v.    Curry,    124    Cal.    84.)"— Code   Commissioners'    Note. 


•■-,2009  N'TY-  ■'••' 

ACT    2000. 

Highways  in.      [Stats.   1S75-6,  p.  30.] 
See    1SS3,    5,    chap.    X.  ->    County    Government    Act,    iv.'7. 

4.r.2. 

ACT  2001. 

Highways   in.      [81  W77-8>    p.    6.] 

,  hap.    X.    sec.    2. 
Cal     Rep 
ACT    2002. 

live   to   highways   in.     [Stats.    L877-8,   p.   716.] 

n3,   5,    chap.    X.    sec.    2. 
This   was  a   general    law   and  repealed  all   prior   laws. 

ACT    2003. 

Irrigation,    promotion    >>f.     [Stats.    1873-4,    p.    312.] 

mi     to    fix    water    rates    by    sec.    1,    art 
MY        i        .         hatlUltlon,    and    statute   of   lau.    M."—  Code   Commission 

ACT    200-4. 

Additional    justice     of  able     fjr.     [Stats. 

5,    p.    3.] 

.    by    Code   di    Civil    Pi  103.    as  amended   1901, 

100. 

ACT    2005. 

li.mnl    notary    public    for.      [Stats.    W7S4,    p.    327.] 

0.    791. 

ACT    2006. 

in.      |  Stats.    1873-4,   p.   616.J 
:.    Qoyenunent  Act.   1S'.<7.   573.  574. 

ACT    2007. 

Fees        i  salaries  in.     [Stats.  1877-8,  p.  574.] 

Repealed    bj    County    Government    Acts,    1897,    496,    sec.    169,    and    by 
the   f  • 

ACT    2008. 

Concerning    compensation     of    certain     officers     of.     [Stats. 
1871-2,  p.   158.] 

I  1873-4,    14 
nmmt    Act, 

ACT     2009. 


Amended   1873-4,  and   in  effect   repealed   by  the 

County    Government    A  sic.    15'J,    as   amended    1901,    *90. 


Sheriff,    fees    of.     [Stats.    1875-6,    130.] 
Repealed   b»   rat  MB,    1896,  267. 


3S5  LOS    NIETOS— LOST    PROPERTY.  Acts  2010-2028 

ACT    2010. 

To    provide   for    the    extermination    of   squirrels    in.      [Stats. 
1877-8,    p.    787.] 
Repealed   1880,    7. 

ACT    2011. 

To  increase  the  number  of  judges  of  the  superior  court  of. 

[Stats.  1887,  p.  1.] 
ACT  2012. 

To    increase    the    number    of    superior    judges    in.      [Stats. 

1889,   p.   130.] 
ACT  2013. 

Authorizing   supervisors    to   build   bridge    across    Santa   Ana 
River.      [Stats.   1873-4,  p.   47. J 
Better    protection    of   treasuries   of:    See   act   464,    ante. 

ACT   2014. 

An  act  to  provide  three  (3)  additional  judges  of  the  superior 
court  of  the  county  of  Los  Angeles,  State  of  Califor- 
nia, for  the  manner  of  their  appointment,  and  for  their 
compensation.  [Approved  February  15,  1905.  Stats. 
1905,   p.   9.] 


TITLE  275. 
LOS    NIETOS. 
ACT  2018. 

Township    of,    providing    for    and    regulating    irrigation    in. 
[Stats.    1877-8,   p.    374.] 


TITLE  276. 
LOS    NIETOS    COLLEGIATE    INSTITUTE. 

ACT    2023. 

Conferring    further    powers    and    privileges    on    trustees    of. 
[Stats.    1873-4,   p.    341.J 


TITLE  277. 
LOST   PROPERTY. 
ACT   2028. 

Concerning  lost  money  and  property.      [Stats.  1850,  p.   156.] 
Superseded  by   Political   Code,    sees.   3136-3157,   and   Penal   Code,    sec. 
485. 


00,  §§  1-4  LOST     WARRANTS.  tfcC 

TITLE  278. 

lost  \v  aim:  a  NTS. 
ACT    2033. 
An  art    in   provide    for   the   payment    of    the  controller  of 

state's   warrants  which   have   been    1"  fcroyed    pre- 

vious  to  paymenl    by   the  state   treasurer. 

[Approved    March    31,    189L     Stats.    1891,   p.    NfA] 

on   1.     Whenever  any   warrant  legaUy  drawn   I 
controller  of  state  shall  hav<    been  l.-^t  or  destroyed  before 
the  same  has  been  paid  bj  tt  the  amount 

due,   t inn. in   may   be  recovered  by  tl  r  or  cus- 

todian    thereof,  by    filing   with    the    controller  of   state, — 

First.     An    affidavit    letting   forth    ti  ■  :'   the   lose 

or  destruction   "t"   bucd  at,  giving  the   numl 

date,   amount,   and    name   of   th<  ther   with   all 

material    facti    relative    to    the   loss   or   destruction   of   the 
same. 

Second.  A  bonil  of  indemnity,  with  two  good  and  sufh- 
cienl  Bureties,  in  doable  the  amount  of  th<  •'  the  par- 

ticular   warrant,    which    bond    shall    1  d    to    the    at- 

torm  \  gi  m  ral   and   eontrolli  r  oi  for   approval  or  re- 

jection. 

It  shall  be  the  .luty  of  the  attorney-general  and 

of    the    controller    of    Bl  :imine    an. I    pass    upon    tin 

sufficiency  of  the  said   bond,  and  to  approve  or  reject  the 

same,    within   thirty   days  alter   it   shall   hav.     been    Bled   with 

the  controller  of  Bl 

:..      After   the   filing   of   the   approved   bond,  the   con- 
troller of  Btate  is  hereby  authorized  and  directed  to   i 

and    deliver    to    the    \<  ^:\1    owner    or    claimant,    on    di  man  I    B 
duplicate    warrant    for    the    lull    amount   of    the   original    I 
rant,    and    the    treasurer    Of    Btat<     is    hereby    authorized 
directed    to    pay    the   duplicate,    in    luu   of   the   original    war 
rant. 

Bee,  4.  The  controller  and  treasurer  shall  each  make 
the  proper  <ntriis  on  their  books,  showing  such  warrant.-* 
to  have  been  lost  or  destroyed,  and  the  issuance  of  dupli- 
cate warrants  in  lieu  thereof. 


587  LOTTERIES— MADERA    COUNTY.  Acts  2038-2054 

TITLE  279. 

LOTTERIES. 
ACT    2038. 

To  prohibit  lotteries,  raffles,  gifts,  etc.      [Stats.  1855,  99.J 

Supplemented    1855,    153.    Superseded    by    Stats.     1861,    229,    and    by 
Tenal   Code,    sees.    319-326. 

ACT    2039. 

To    prohibit    lotteries,    raffles,    gifts,    enterprises    and    other 
schemes  of  like  character.     [Stats.  1861,  229.] 

Superseded    by    Penal    Code,    sees.    319-326. 


TITLE  280. 
LOWER   LAKE. 
ACT   2044. 

To  prevent   hogs  from  running  at  large  in.      [Stats.   1877-8, 

435.] 
Probably   repealed   by    1897,    198. 


TITLE  281. 
LUMBER    MANUFACTURERS. 
ACT    2049. 

Lumber  manufacturers,  protection  of.      [Stats.  1875-6,  p.  32.J 
Codified   by   amendment    of   Penal    Code,    1905.     See   note   to    §    593a, 
PenaV  Cade. 

This  act  prescribed  a  penalty  for  driving  Into  logs,  etc.,  any  sub- 
stance sufficiently  hard  to  injure  saws.  It  appears  in  full  in  the  Penal 
Code,   Appendix,   p.   633. 


TITLE  282. 
MADERA  COUNTY. 
ACT    2054. 

To  create  the  county  of  Madera,  to  define  the  boundaries 
thereof,  to  determine  the  county  seat,  and  to  provide 
for  its  organization  and  election  of  officers,  and  to 
classify  said  county.  [Approved  March  11,  1893.  Stats. 
1893,  p.  168.] 

Unconstitutional   in  part.     (People  v.   Markham,   104   Cal.   232.) 
CaL    Rap.    Cit.     142,    53;     142,    58. 


Acts  3059,  2064,  §§  1-3  MAD    RIV  US 

TITLE  283. 

MAD  Kivn;. 

ACT    2059. 

To  improve   Mad    River  and   its  north  fork  and   to  facilitate 
the   driving  of  lops  then  in.      [Stats.   1877-8,  788.J 


TITLE  284. 
M  \1\S. 
ACT    2064. 

An  :ut  requiring  the  recording  of  maps  of  cities,  towns, 
additions  to  cities  or  towns,  or  subdivisions  of  lands 
into  small  lots  or  tracts  for  the  purposes  of  sale,  and 
providing  a  penalty  for  the  selling  or  offering  for  sale 
any    lots   or    tracts    in  cities, 

ibdivisionB,    or   additions    thereto,    bdtVitj   such 
maps   arc   fill  d    and   r-  <•  •  r<  1  • 

[Approved  March  .-tats.  1893,  p.  96.] 

Amended      • 

>n    1.     Whenever  any  e+ty,   town,  or  subdivision  of 

land    into   lots,   or   any   addition    to   any   e;ty,   town,  or  such 
subdivision,  shall   be  laid  out  into  lots  for  the  purpose 
sale,  the  proprietor  or  proprietens  thereof  shall  cause  to  be 

made  Oul  an  accurate  map  or  plat  thereof,  particularly  set- 
ting  forth   and    describing, — 

First.      All    the    parcels   of   ground    within   such   city,    town, 
addition,   or    subdivision    r<  s<  rved    for    public    purposes,    by 

their    bound:. i  had    extent,    whether    they    be    in- 

tended  for   a  \  all"  ys,    courts,   commons, 

or  other  public  asi  s;  and, 

d.     All   lots   intend., l   f. ,r  sale,   either  by  number  or 
letter,  and  their  precise  length  and  width. 

B(  c   2.     Such    map  or   plat    shall   be   acknowledged   by  the 
proprietor,   or   if   any    incorporated    company,   by   the   chief 

officer  thereof,  before  some  officer  authorized  by  law  to  take 
the  acknowledgmenl   o1    convi  n       •  -:ate. 

Sec.    3.      The     map    or    plat     so     made,    acknowledged,    and 

certified  shall  l»-  presented  to  the  governing  body  having 
control   of   thi     -  roads,   alleys,   and   highways   in   the 

terrutoog  shown  on  the  map  or  plat,  and  said  governing 
body  shall  indorse  thereon  which  streets,  roads,  alleys,  and 
highways,  offered   by  said   map  or  plat,   they  accept  on   be- 


589  MAHIN"    COUNTY.  Acts  20G9-2OT1 

half  of  the  public,  nml  thereupon  such  streets,  roads,  alleys, 
and  highways,  only  as  have  been  thus  accepted,  shall  be 
and  become  dedicated  to  public  use.  When  so  indorsed, 
and  not  before,  said  map  or  plat  shall  be  recorded  in  the 
office  of  the  county  record*  r  of  the  county  in  which  the 
city,  town,  addition,  or  subdivision  is  situated,  in  a  book 
kept  for  that  purpose.  The  map  or  plat  shall  be  not  more 
than  thirty-six  inches  by  thirty  -six  inches  in  size,  and  shall  be 
drawn  in  all  details  clearly  and  legibly,  and  if  not  so  drawn 
may  be  refused  by  the  county  recorder.  When  such  map 
cue  nlat  is  presented  to  be  recorded  the  county  recorder  shall 
paste  the  same  securely  in  a  book  of  maps,  and  it  shall 
then  be  deemed  to  have  been  recorded  under  the  provisions 
of*  this  act.  [Amendment  became  a  law  under  constitu- 
tional provision  without  governor's  approval  March  14,  19U1. 
Stats.  1901,  p.  288.     In  effect  in  sixty  days.] 

Sec.  4.  Every  person  who  sells  or  offers  for  sale  any 
lot  within  any  city,  town,  subdivision,  or  addition,  before 
the  map  or  plat  thereof  is  made  out,  acknowledged,  filed, 
as  herein  provided,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  aud  not  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  to  ex- 
ceed six  months,  or  both  such  fine  aud  imprisonment. 


TITLE  285. 
MABIN  COUNTY. 
ACT  2069. 

Declaring     certain      creeks     in    Marin     County    navigable. 
[Stats.    1861,   p.    469.] 
•    Amended  1S69-70,   663. 

The  act  declared  Guaymas,  San  Rafael,  Corte  Madera,  and  Sausa- 
lito  creeks  navigable.  The  amendment  of  1869-70  amended  the  act  by 
omittting  Guaymas  and  Sausalito  creeks.  The  San  Rafael  and  Corte 
Madera    creeks    were    declared    navigable    by    Political    Code,    sec.    2349. 

ACT    2070. 

For  the  relief  of.  [Stats.  1861,  p.  121.] 
This  act  provided  that  when  the  coroner  of  Marin  County  was  re- 
quired to  inquire  into  the  death  of  a  convict  in  state  m-ison,  the  fees 
should  be  a  state  and  not  a  county  charge.  It  also  made  the  same 
provision  wheie  physicians  were  called  in  to  inquire  into  the  sanity 
of  a  convict  at  the  state  prison. 

ACT    2071. 

Concerning  lawful  fences  in.      [Stats.  1858,  p.  123.] 


Acts  991  I  S90 

ACT    2072. 

Compensation  of  certain  ofl 

it    :,   ■  r   i •;.•.   .111.1  *» 
to  the 

ACT    2073. 

Hon    of    ma.]  -     '   -  "U.J 

ACT  2074. 

Superintend*  nt  of  i  '.  p.  212.] 

■nUMBt    Acts.     ls/7.    663.    »ec 

ACT    2075. 

I'ul.lii-    K  |  State.    L873-4,   p.    B 

alcd   by   Political   Code.   e«c.    1(10.   aa  amended   1893. 
261. 

ACT    2076. 

n    of.      [Stat*.    187  18.] 

M,    aa   an.- 

ACT    2077. 
Restricting  the  herdii  sp   in.     [State.    195%,  227.] 

Amu  119;      1880.    3 

1877-S 

ACT  2078. 

To    prevent    stock    from    running  at    lartrr    apon    roadl    and 

highways   ot  Jt.] 

■  tad   by   the   estray   law  •,   and    1901.   803. 

ACT  2079. 

Tax  collector,  bond  of.     [g  p.  I9f>.] 

Repen1e4    hy    County    Qon  rnmrnt    Acta.    1R97,    476,    ace.    M. 

ACT  2080. 

i  in,  collection  of.    [State.  1875-8,  p.  " 

iled   by    Political    Cod'  .  aa   amended    1891,    47S. 


TITLE   286. 
MARIPO  NTT. 

ACT  2085. 

Ldc«  us.  b,  colli  ction  of  508.] 

mty    Uo\irnment    Acts,    UK,    462 


591  M  XHKI.EKVIT.LE     MARK'S    AND    BRANDS.     Acts  20S6 -2101 

ACT  2C86. 

Regulating   salaries    of    certain    officers    of.      [Stats.    1873-4, 
p.  83.] 
Repealed   by   County   Government   Act,    1897,   566.   sec.   207. 

ACT  2087. 

Providing   for   maintenance    and    construction    of   roads   and 
highways  in.        [Stats.   1875-6,  p.  650.] 
Amended   li77-8.    277.     Repealed    1883,    5,   chap.    X,    sec.    2. 

ACT  2088. 

Treasurers  of,  bonds  of.     [Stats.  1875-6,  17.] 

Repealed   by    County   Government   Acts,    1897,    476,    sec.    66. 
ACT  2089. 

Authorizing   the  levy  of   additional    tax   in.       Stats.    1873-4, 

p.   364.] 

Superseded   by   subds.    12   and    18,    sec.    26,    County   Government    Act, 
1897,    460.    463. 


TITLE  287. 
MARKLEEVILLE. 
ACT  2094. 

Incorporating   Markleeville.      [Stats.    1863-4,   p.    441.] 


TITLE  288. 

MARKS    AND   BRANDS. 
ACT  2099. 

Concerning  marks  and  brands.      [Stats.   1851,  411.] 

Amended   1857,   131;     1861,   373;     1862,   28,    424.     Superseded   by   Political 
Code,    sees.    3167-3185. 

ACT  2100. 

To  prevent,  fraud  and  imposition  in  the  matter  of  stamp- 
ing and  labeling  produce  and  manufactured  goods. 
[Stats.  1887,  p.  17.] 

Codified    by    amendment    of    Penal    Code,    1905.     See    note    to    §    349a, 
Penal   Code. 

This  act   appears   In   full   In   the   Penal   Code,    p.   633.     Consult,    also, 
the   following: 

ACT  2101. 

An  act  to  provide  for  the  marking  or  oranding  of  boxes  or 
barrels    containing    citrus    fruit    for    shipment,    and    fix- 


M.NUKS    ANI> 

Lng  a  penalty  for  the  violation   ttai  r  of,  and  for  the  ap- 

pointiiK nt  of  an  inspector  under  -ions. 

[Approved   March  sets.   1901,  • 

The  people  of  the  rnia,  re]  • 

mbly,  do 
riuii    1.      All    eitrna     fruit     contained   in     boxes     M    I 

'iit> 
til  nt    in   I  •  .   firm,   or  -hall 

havi  •  ipicuous    place 

on  the  outside  of  b  box  or  barrel,  in  clearly  ' 

bl<  rneni   truly   and   err-  >■•  iting   th< 

!>lv     in     which      Both     fruit 

grown.      Such  J]    be    placed    thereon    l>y    the 

shi|i|p»  r  of  said   fruit. 

firm.    i->r  any 

of    the    ;  •                  or   requiri  m<  •  of    this 

shall    be    guilty    of   :i    misdi  i,    eanyio 

tion   shall  h«    fined   in  than   two  hundred 

dollars   nor   more    than    five   hundred    doll 

'■.      'Do      g    \rn..r  <f   California,    upon 

tin  .f     this     act.     shall    ap| 

citrus     fruit     shipmentl  without     compensation. 

i  T.nmine    !  ■«  ,1 

the  shipment  of  citrus  fruits;  and  upon  th<  j   by 

said   insp<  nv   violation  of  tin    requirements  of  this 

-hall   forthwit  thereof  to   the   district 

attorney  of  the  county  in  which  the  immitted, 

and  upon  receiving  such  notice  it  shall  be  the  duty  of  such 

distrust     i" ■  m  .-••     to    [i  :1c    uff« mli  r    und«  r    th"    pro 

visions  of   this 

S,  <■.    I.     This  act  shall  take  effect  immediately  on  and  after 
Ltfl 

ACT  2102. 

An    act    to    provide    f..      the    marking,    branding,   or    labeling 
of  box's.   l>.irreis,   or   packages   containing   fruits, 
or  dried,   and   fixing  a    penalty   for  the   violation    thi 
and    for    the    appointment    of    inspectors    under    its    pro 
visions. 

[Approvi  d    V  .    1903,   33&.J 

.nal.     Ex    parte    IlayUtn.    147    Cal.    649. 
Cal.    Hep.    Cil.     H7,    6^0. 


f.93  MARKIAGE    AND    MARRIED    WOMEN  Arts  2107,  2108 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  «  nacl  as  follows: 

Section  1.  All  fruit,  green  or  dried,  contained  in  boxes, 
barrels,  or  packages,  which  shall  hereafter  be  shipped  or 
offered  for  shipment  in  this  state  by  any  person,  firm,  or 
corporation,  shall  have  stamped,  branded,  stenciled,  or 
labeled  in  a  conspicuous  place  on  the  outside  of  every 
such  box,  barrel,  or  package,  in  clearly  legible  letters  at 
least  one-quarter  of  nn  inch  in  height,  a  statement  truly 
and  correctly  designating  the  county  and  immediate  locality 
in  which  such  fruit  was  grown. 

Sec.  2.  Any  person,  firm,  or  corporation  violating  any 
of  the  provisions  or  requirements  of  section  one  of  this 
act  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  in  any  sum  not  less  than  two  hundred 
dollars,  nor  more  than   five  hundred   dollars. 

Sec.  3.  The  governor  of  the  state  of  California,  after 
the  passage  of  this  act.  shall  appoint  such  inspectors  as 
may  be  necessary  to  accomplish  the  purpose  of  this  act, 
to  serve  without  eOffifH inflation,  who  are  hereby  vested 
with  full  authority  to  enter  any  car  or  depot  containing 
fruit  for  shipment;  or  any  warehouse,  packing  house,  store 
room,  or  other  place  or  places  where  any  fruit  is  kept, 
packed,  or  prepared  for  shipment,  to  inspect  the  same,  or 
any  part  thereof.  Such  inspectors  are  also  vested  with 
full  authority  to  examine  such  books  of  any  person,  firm, 
or  corporation  engaged  in  packing  or  shipping  fruit  as  may 
be  necessarv  to  accomplish  the  purposes  of  this  act. 

Sec.  4.  This  act  shall  take  effect  immediately  on  and 
after  its  passage. 

TITLE  289. 
MARRIAGE    AND    MARRIED    WOMEN. 
ACT  2107. 

Regulating  marriages.      [Stats.   1850,  p.   424.] 
Amended  1855,    298;     1862,    450;     1863,    244.     Superseded   by    Civil   Code, 
sees-    55-78. 
Cal.    Rep.    Cit.    87,    75. 

ACT    2108. 

To  authorize  married  women  to  transact  business  in  their 
own  names  as  sole  traders.      [Stats.  1852,  p.  108.J 

Amended    1862,    10S.     Superseded    by    Code   of    Civil    Procedure,    sees. 
1811-1821. 

Gen.  Laws- 38 


Acts  2109-:i:0         MARSHALL     MUNIMENT— MARTINEZ.  594 

ACT  2109. 

To  authorize   married   women  to   convoy  real  estate  held  by 
them   in    their  own   right.     [Stats.   1855,  p.   12.] 
Sii|  •  provisions   of   Civil   Code. 

Cal.    Rep.    Clt.     41,   608. 

ACT   2110. 

To    prevent    the    fraudulent    conveyance    or    oncumhranec    of 
realty    by    married    women.      [Stats.    1863,    p.    750.] 
ad   by    Tenal    Code,    sec.    534. 
Cal.    Rep.    Clt.     72.    445. 

ACT  2111. 

To   protect    the   rights   of   married    women   in    certain   cases. 

■  P.  —f,-l 
Cal.   Rep.  Clt.    49.  M;    m, 

This  act  related  to  the  earning  and  the  separate  property  of  m»r- 
rli  .1     prOBM  n. 


TITLE  290. 
MARSHALL    MONUMENT. 
ACT  2116. 

To  provide  for  the  appointment  of  a  guardian  foT  the 
Marshall  monument  and  grounds,  prescribing  his  du- 
ties, and  appropriating  money  therefor.  [Approved 
March  31,  1891.     Stats.   1S91,  p.  424.] 


TITLE  291. 

MARTINEZ. 
ACT    2121. 

Incorporating.      [Stats.    1875-6,    p.    822.] 
Amended    1877-8,    297.     Superseded    by    Incorporating,    in    1884,    under 
Municipal    Corporation    Act    of    1883. 

ACT    2122. 

Animals   running  at  large  in.     [Stats.   1873-4,  p.   302.] 
seded  by  1875-6.   822,   sec.   7. 

ACT  2123. 

To    provide    for    the    disposition    of    certain    property    of    the 
state.      [Stats.    1851,   p.   307.] 

This   act    released    to    the    town    of    Martinez    the    lands   covered    b> 
Caxqulncz   Straits   lying   opppo.slte   it. 


595  MARYSVILLE— MASTER    AND    SERVANT.     Acts  2128-Z139 

TITLE  292. 

MARYSVILLE. 
ACT   2128. 

Reincorporating.      [Stats.   1875-6,  p.   149.] 
Amended  "1877-8,    593. 
Oal     Rap.    Cit.     143,    560;     143,    561. 

ACT   2129. 

Levees,  construction   and   repair  of.     [Stats.   1875-6,  p.   131.] 

ACT   2130. 

Levee   indebtedness    of,    funding   of.     [Stats.    1875-6,   p.    60.] 

ACT    2131. 

To  establish  a  police  court  in.     [Stats.   1889,  p.  214.] 

ACT   2132. 

Superintendent   of  public    schools,    fixing    salary    of.      [Stats. 
1873-4,  p.  153.] 


TITLE  293. 

MASTER  AND  SERVANT. 
See  Laborers;   Liens,    ante. 

ACT    2137. 

To  provide   for  a  day  of  rest   from  labor.     [Stats.   1893,  p. 

54.] 
This    act    provided    that    every    employee    should    have    one    day    in 
seven   for  rest. 

ACT    2138. 

To   provide    for   the   proper   sanitary     condition     of     factories 

and    workshops,    and    the    preservation    of    the    health    of 

the  employees.     [Stats.  1889,  p.  3.] 

Amended    1901,    571. 

Unconstitutional.     See    Schaezlein    v.    Cabaniss,    135    Cal.    466. 

ACT    2139. 

To  provide  for  a  lunch  hour  for  laborers  in  saw-mills,  shake- 
mills,    shingle-mills,    and    logging    camps.      [Stats.     1901, 
p.  75.] 
This  act  appears  in  full  In  Civil  Code,    Appendix,   p.   744. 


AetatiV  BffATORS— OTBD1CINS.  8S* 

ACT    2140. 

To   prevent    misrepresentations   of   conditions   of   employment, 
making  it  a  misdemeanor  to  misrepresent    the  same,  and 
providing  penalties  thcTefor.     [Stats.  15*03,  p.  2C>9.] 
This  act  appears   In    full    In    Penal    Code,    Appendix,- p.    636. 


TITLE  294. 
■  1. 10W. 

ACT   2145. 

Providing  that  in  cities  of  over  ten  thousand  inhabitants, 
the  mayor  or  other  chief  executive  Bhall  not  be  required 
ti>  ael  aa  eity  judge  or  ax-offieio  judge  of  tin1  city  enurt 
or  as  justiae  of  the  peace;  to  provide  for  the  abolishment 
of  such  city  court  ami  tin"  transfer  of  the  business  ami 

properties  of  sneh  city  court  to  tli<'  justice  of  tho  peaoe 
of  such  city,  ami  to  rcqui r<>  such  justice  to  finish  such 
business.      [Stats.    1687,   p.   51.] 

This    act    appears    'n    full    In    the    h WlMlll    to    the    Code    of    Civil 
Procedure,    p.    763. 


TITLE   295. 

MEADOW    LAKK. 
ACT    2150. 
Incorporating  town  of  Meadow  Lake.    [Stats.   1865  <".  p.  S72.] 


TITLE  296. 
MECHANICS'   EN8TTTTJTES. 

See    title   Chambers   of   Commerce. 


ACT    2155. 

To   authorize   the    Mechanics'    Institute   of    San    Francisco    to 
sell,  mortgage  and  convey   realty.     [Stats.   18l>3,  p.   -'■•<> 


TITLE  297. 
MEDICINE. 
ACT    2160. 

An   act   to   regulate   medical   practice   to   prevent   blindness    in 
Infants. 

[Approved  February  17,  1897.     Stats.  197,  p.   12.] 


597  MEDICINE.  Acts  2161,  §  1 

The  people  of  the  state  of  Calif ornia,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Should  one  or  both  eyes  of  an  infant  become 
reddened  or  inflamed  at  any  time  within  two  weeks  after 
birth,  it  shall  be  the  duty  of  the  midwife,  nurse,  or  person 
having  charge  of  said  infant,  to  report  the  condition  of-  che 
eyes  at  once  to  some  legally  qualified  practitioner  of  medicine 
of  the  city,  town,  or  district  in  which  the  parents  of  the  in- 
fant reside. 

Sec.  2.  Any  failure  to  comply  with  the  provisions  of  this 
act  shall  be  punishable  by  a  fine  not  to  exceed  one  hundred 
dollars,  or  imprisonment  not  to  exceed  six  months,  or  both. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

ACT    2161. 

Practice     of    medicine,     regulating.     [Stats.    1875-6,    p.    792.] 
Amended"  1877-8.    918.     Repealed   1901,    to. 
Cal     Rep.    Cit.    71,    81;     106,    296;     i22,    607. 

ACT    2162. 

An  act  for  the  regulation  of  the  practice  of  medicine  and 
surgery  in  the  state  of  California,  and  for  the  appoint- 
ment of  a  board  of  medical- examiners  in  the  matter  of 
said  regulation. 

[Became  a  law  under  constitutional  provision  without  gov- 
ernor's approval,  February  27,  1901.  Stats.  1901, 
p.  56.] 

Cal.    Rep.   Cit.     143,   413;     143,   419;     144,    177. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Appointment  of  board,  quorum.  There  shall 
be  a  board  consisting  of  nine  members,  which  shall  be  known 
as  the  board  of  medical  examiners  of  the  state  of  California. 
The  members  of  said  board  shall  be  elected  as  follows:  Five 
members  thereof  shall  be  elected  by  the  Medical  Society  of 
the  State  of  California,  two  members  thereof  by  the  Cali- 
fornia State  Homeopathic  Medical  Society,  and  two  members 
thereof  by  the  Eclectic  Medical  Society  of  the  state  of  Cali- 
fornia. Said  members  shall  be  elected  annually  by  said 
societies,  respectively,  according  to  such  rules  as  each  society 
may  adopt  for  the  election  of  the  members  to  be  elected  by 
it    and  the  members  so  elected  shall  serve  for  one  year,  and 


Act  2162,  §  J  2.  2  MEDICINE.  59? 

until  their  successors  shall  have  been  elected  and  qualified. 
Each    of   said    societies,  tively,    may    also    elect    alter- 

nates who  shall  fill  BUCB  vacancies  as  may  occur  in  its  repre- 
sentation on  the  hoard.  It  shall  require  the  affirmative 
vote  of  six  members  of  said  hoard  to  carry  any  motion  or 
resojution,  to  adopt  any  rule,  to  pass  any  measure,  or  to 
authorize  the  issuance  of  any  certificate  to  practice  nu  di- 
cine   and   surgery   as    in    this    act    provided. 

Sec.  2.    Oath.     Bach   member   of   said   hoard   shall,   before 

entering  upon  the  duties  of  his  office,  take  the  constitutional 
oath  of  office,  and  shall,  in  addition,  make  oath  that  he  is  a 
graduate   in   medicine,   and   a    legally   qualified   practitioner  of 

medicine  in  this  state. 

Sec.     3.     Organization,  Said     board     shall     or- 

ganize   by    electing    from    its    Dumber    a     president,    vice  presi- 
dent,   secretary    and    treasurer,    .who    shall    hold    their    res 
tive   positions    during    the    phasure    of    the    hoard.      Said    hoard 

shall  hold  its  regular  meetings  in  the  city  of'  San  Fran- 
cisco, on  the  flrsl  Tues  vpril,  August,  and  December 
of    each    year,     for     the     consideration     of     applications     for 

certificates,    and    for    the    transaction    of    such    other    business 
as    may    property     come     before     it,     with     power     of     adjourn 
ment    from    time    to     time     until     its     husinoss     is     concluded; 
provided,     however,     that    ^examinations    of    applicants    for 

certificates  may,  in  the  discretion  of  the  hoard,  he  con- 
ducted in  any  part  of  the  state  designated  hy  said  hoard 
of  examiners,  under  the  supervision  of  any  one  niemher  of 
said  board,  upon  written  questions  previously  prepared  by 
said  board;  and  when  the  examination  is  concluded  the 
questions  submitted,  together  with  the  answers  and  any 
other  evidence  or  affidavits  used  or  produced  at  said  ex- 
amination, shall  be  signed  by  said  examiner  and  immedi- 
ately returned  to  the  hoard  of  examiners,  who  shall  act 
upon  said  application  for  a  certificate  in  the  same  manner 
as   if   the    person    had   appeared    personally    before   said    board. 

Notice  of  each  regular  meeting  of  the  hoard  shall  be 
given  by  publication  twice  a  week,  for  each  of  tin  two 
weeks   next    preceding   each    meeting,   in    two   daily   papers 

published  in  the  city  of  San  Francisco,  in  one  daily  papi  r 
published  in  the  city  of  Sacramento,  and  in  one  daily  paper 
published  in  the  city  of  Los  Angeles.  Special  meetings 
of  the  hoard  may  he  held  at  the  call  of  the  presidi  at,  at 
such  time  and  place  as  he  shall  direct,  and  the  same  notice 
thereof  shall  be  given  as  in  the  case  of  regular  meetings. 
Said    board   shall    procure   a   seal,   and    shall   receive    through 


599  MEDICINE.  Act  2162,  §§  4,  a 

ita    secretary    applications    for    the    certificates    provided    to 
be  issued   under  this  act. 

Sec.  4.  Rules.  Said  board  may  from  time  to  time  adopt 
such  rules  as  may  be  necessary  to  enable  it  to  carry  into 
effect  the  provisions  of  this  act.  Any  member  of  said  board 
may  administer  oaths  in  all  matters  pertaining  to  the 
duties  of  said  board,  and  the  board  shall  have  the  author- 
ity to  take  evidence  as  to  any  matter  cognizable  by  it. 

Sec.  5.  Requirements,  examinations,  fee.  Every  person 
before  practicing  medicine  or  surgery,  or  any  of  the  de- 
partments of  medicine  or  surgery  in  this  state,  must  have 
the  certificate  herein  provided  for.  In  order  to  procure 
such  certificate  he  must  produce  satisfactory  testimonials 
of  good  moral  character,  and  a  diploma  issued  by  some 
legally  chartered  medical  school,  the  requirements  of 
which  medical  school  shall  have  been  at  the  time  of  grant- 
ing such  diploma,  in  no  particular  less  than  those  pre- 
scribed by  the  Association  of  American  Medical  Colleges 
for  that  year;  or  he  must  produce  satisfactory  evidence  of 
having  possessed  such  diploma,  or  a  license  from  some 
legally  constituted  institution  which  grants  medical  and 
surgical  licenses  only  upon  actual  examination,  or  satis 
factory  evidence  of  having  possessed  such  license;  and 
he  must  accompany  said  diploma  or  license  with  an  affi- 
davit stating  that  he  is  the  lawful  possessor  of  the  same, 
that  he  is  the  person  therein  named,  and  that  the  diploma 
or  license  was  procured  in  the  regular  course,  either  of 
instruction  or  examination,  without  fraud  or  misrepresen- 
tation of  any  kind.  Such  affidavit  may  be  taken  before 
any  person  authorized  to  administer  oaths,  and  the  same 
shall  be  attested  under  the  hand  and  official  seal  of  such 
officer,  if  he  have  a  seal.  In  addition  to  such  affidavit, 
said  board  may  hear  such  further  evidence  as,  in  its 
discretion,  it  may  deem  proper  as  to  any  of  the  matters 
embraced  in  said  affidavit.  If  it  should  appear  from  such 
evidence  that  said  affidavit  is  untrue  in  any  particular, 
or  if  it  should  appear  that  the  applicant  is  not  of  good 
moral  character,  the  application  must  be  rejected. 

In  addition  to  the  requirements  above  set  forth,  each 
applicant  for  a  certificate  must  be  personally  examined 
by  said  board  as  to  his  qualifications  to  practice  medicine 
and  surgery.  The  examination  shall  be  conducted  in  the 
English  language,  and  shall  be,  in  whole  or  in  part,  in 
writing,  and  shall  be  on  the  following  subjects,  to  wit: 
Anatomy,  physiology,  bacteriology,  pathology,  chemistry 
and    toxicology,    surgery,    obstetrics,    materia    medica     and 


82,  J  5  WE.  bCki 

therapeutics,  and  theory  and  practice  of  medicine.  When 
the  applicant  applies  for  examination  in  materia  oaedicg 
and  therapeutics,  and  theory  and  practice  of  medicine,  he 
■shall  designate  in  wliat  school  of  medicine  be  desires  to 
practice,  and  only  the  member  or  members  of  the  board 
who    belong    •  ,il    particr] 

in  this  part  of  the  examination.  Examinations  shall  be 
practical    in    character,    am  :    to    discover    the    ap 

plicant  's   I  prad  ice  and    surgi  ry. 

Examinations     iii     each    Bubject     shall     consist    of    not     less 

than    ten     qw  ers    to     which    shall    bo     marked 

upon   ;i   scale   ..I    mn     to   t<n.      1 1"  an   applicant    tail    in    his   first 

examination    he   may.  •    than   six    months,   b< 

reexamined.      It    he    fail    IB  i    examination    he    shall 

not  thereafter  l>e  entitled  to  another  examination  in  lean 
than    one   year   after    d  dilation,    and    shall 

be   required    to    pay    for   such    examinations   the   full    tee.      The 
examination    papem   shall    form    a    part    of   the    records   .if 
board,    and    shall    lie    kept    on    tile    by    the    secretary.      In    said 
examination    the    applicant    shall    In-    known    and    designated 

by   number   only,   and    tin    name   attacked    to    the    number 
shall   1m-  kepi   secret   by  tin-  secretary  until   after  tin    hoard 
finally    voted    upon    the    application.     The    secretary   of 
tin1   hoard  of   medical   exami  II    in   no   instance   par- 

ticipate, as  an  examiner,  in  any  examinations  held  by  the 
hoard;     nor    shall    he    he    entitled    to    vote    upon    the    question 

of    granting     any     certificate     to     practice     medicine    and 

surgery. 

Said    hoard    may,    in    its    dificretii  :     an, I     register, 

upon  payment  of  the  registration  fee,  and  withool  exam 
[nation  of  the  applicant,  any  certificate  which  shall  have 
been  issued  to  him  by  the  medical  examining  hoard  of  the 
District  of  Columbia,  or  of  any  state  or  territory  of  the 
United  states;  provided,  however,  that  the  legal  require- 
ments of  Bueh  medical  examining  board  shall  have  i,. 
at  the  time  of  issuing  such  certificate,  in  no  degree  or 
particular  loss  than  those  ,>f  California  at  the  time  when 
such  certificate  shall  he  presented  for  registration  to  the 
board  created  by  this  act;  and,  provided  further,  that  the 
ismois  in  this  paragraph  contained  shall  be  held  to 
apply  only  to  such  of  said  medical  examining  hoards  as 
accept  and  register  the  certificates  granted  by  this  board 
without  examination  by  them  of  the  ones  holding  such 
certificates.  Bach  applicant,  on  making  application,  shall 
pay    to    the   secretary    oi    the    board    a    ten 

dollars,  which  shall  he  paid  to  the  treasurer  of  said  hoard 
by  said  secretary. 


601  MEDICINE.  Act  2162,  §§  6-10 

Sec.  6.  Certificate.  When  any  applicant  has  shown 
himself  to  be  possessed  of  the  qualifications  herein  re- 
quired, and  has  successfully  passed  the  said  examination, 
a  certificate  must  be  issued  to  him  by  said  board,  authoriz- 
ing him  to  practice  medicine  and  surgery  in  this  state. 
Said  certificate  shall  be  signed  by  the  president  and  secre- 
tary of  said  board,  and  sealed  with   the  seal  of  the  board. 

Sec.  7.  Record  of  proceedings.  Said  board  shall  keep 
an  official  record  of  all  its  proceedings,  a  part  of  which 
record  shall  consist  of  a  register  of  all  applicants  for  cer- 
tificates under  this  act,  with  the  result  of  each  applica- 
tion. Said  record  shall  be  evidence  of  all  the  proceedings 
of  said  board  which  are  set  out  therein. 

Sec.  8.  Registration.  Every  person  holding  a  certifi- 
cate authorizing  him  to  practice  medicine  or  surgery,  or 
both,  in  this  state,  must  have  it  recorded  in  the  office  of 
the  county  clerk  of  the  county  in  which  the  holder  of  said 
certificate  is  practicing  his  profession,  and  the  fact  of  such 
recording  shall  be  indorsed  on  the  certificate  by  the  county 
clerk  recording  the  same.  Every  such  person,  on  each 
change  of  residence,  must  have  his  certificate  recorded  in 
the  county  to  which  he  shall  have  changed  his  residence. 
The  absence  of  such  record  shall  be  prima  facie  evidence 
of  the  want  of  possession  of  such  certificate.  And  any 
person  holding  a  certificate  who  shall  practice  medicine 
or  surgery,  or  attempt  to  practice  medicine  or  surgery, 
without  first  having  filed  his  certificate  with  the  county 
clerk,  as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  for  a  period  of 
not  less  than  thirty  days  nor  more  than  sixty  days,  or  by 
both  such  fine  and  imprisonment. 

See.  9.  The  county  clerk  shall  keep  in  a  book,  provided 
for  the  purpose,  a  complete  list  of  the  certificates  recorded 
by  him,  with  the  date  of  the  record;  and  said  book  shall 
be  open  to  public  inspection  during  his  office  hours. 

Sec.  10.  Refusal  to  grant  certificate;  revocation  of  cer- 
tificate; unprofessional  conduct.  Said  board  must  refuse 
a  certificate  to  any  applicant  guilty  of  unprofessional  con- 
duct; but  before  such  refusal  the  applicant  must  be  cited 
by  citation,  signed  by  the  secretary  of  the  board,  and 
sealed  with  its  seal.  No  such  citation  shall  be  issued 
except  upon  a  sworn  complaint  filed  with  the  secretary  of 
the  board,  charging  the  applicant  with  having  been  guilty 
of  unprofessional   conduct,   and  setting  forth  the   particular 


Act  2162,  J  10  MEDICINE.  W2 

constituting   such     unprofessional     conduct.       On     the 
filing  of  such   complaint   th<  I      must    forthwith   issue 

tation,   and    make    the  returnable   at   the   next 

regular  session  of  said  board,  occurring  .-it  least  thirty 
next  after  filing  the  complaint.  Such  citation  shah 
notify  the  applicant  of  the  time  and  place,  when  ami 
where  the  matter  of  said  unprofessional  conduct  shall  be 
heard,  the  particular  unprofessional  conduct  with  which 
the  applicant  is  eharged,  and  that  the  applicant  shall  file 
his    writt.  n    answer,    under    oath,    within    twenty    days    next 

after  the  bi  rvice  on   him  of  said  citation,  or  default  will 
be  taken  him,  and  his  application  for  a  certificate 

refused.      The     attends!  at     such     hearing 

shall  be  compelled  by  suhpoc  oss  Issued  by  the  secretary  of 

the    board,    under    its    seal;    and  f    shall     in    no 

Be    to    issue    any    such    subpoena,    upon     a     fee     of 

twenty    cents    being    paid    him    tor  each    subpoena.     Said 

citation  and  said  Subpoenas  Shall  be  Barred  in  accordance 
witli  the  Btatutei  of  this  Btate  then  in  force  as  to  th" 
f  citations  and  subpoenas  u"  serally,  and  all  the 
provisions  of  the  statutes  of  this  state  then  in  force 
relating   to   subpoenas   are    hereby    made    applicable   to   the 

subpoenas     provided     for    herein.      If    any    person     refuse    t> 

obey  a  subpoena  served  upon  him  in  accordance  with 
tlie  .1'  this  Btate  then   in   force   providing  for  the 

manner    of    serving    subpoenas,    the      fact     of     such     refusal 

shall  be  certified  by  the  secretary  of  said  board,  under 
tin  seal  thereof,  to  th,>  superior  court  of  the  county  in 
which  the  service  was  had,  and  said  court  shall  thereupon 
proci  ed  to  hear  said  matter,  in  accordance  with  the  stat- 
utes of  this  state  then  in  force  as  to  contempts  for  dis- 
ob<  dience  of  process  of  the  court;  and  should  said  court 
find  that  tlie  subpoi  na  had  been  legally  served,  and  that 
the  party  so  served  had  willfully  disobeyed  the  same, 
it  shall  proceed  to  impose  such  penalty  as  provided  in 
cases  of  contempt  of  court.  In  all  casts  of  alleged  un- 
professional conduct  arising  under  this  act,  depositions  of 
witnesses  may  be  taken,  the  same  as  in  civil  cases,  and  all 
the  provisions  of  the  statutes  of  this  state  then  in  force 
as  to  the  taking  of  depositions  are  hereby  made  applicable 
to  the  taking  of  depositions  under  this  act.  If  the  ap- 
plicant shall  tail  to  file  with  the  secretary  of  said  board 
his  answer,  under  oath,  to  the  charges  made  against 
him,  within  twenty  days  after  service  on  him  of  said 
citation,  or  within  such  further  time  as  the  board  may 
give    him,    and    the    charges    on    their    face    be    deemed   suf- 


903  MEDICINE.  Act  216 

ficicnt    by    the    board,    default    shall    be    entered    against 
him,   and   his   application   refused.     If   the   clrirges   on   their 
face  be  deemed  sufficient  by  the  board,  and  issue  be  joined 
thereon  by  answer,  the  board  shall  proceed  to  determine  the 
matter,  and  to  that  end  shall  hear  such  evidence  as  may  be 
adduced  before   it;   and   if  it   appear  to   the   satisfaction  of 
the  board  that  the   applicant   is  guilty  as   charged,  no  cer- 
tificate  shall  be   issued   to   him.     No   certificate   shall   be   re- 
fused  on    the    ground   of   unprofessional    conduct   unless    the 
applicant   has  been  guilty  of  such   conduct  subsequently  to 
the   passage   of  this   act,   and   unless  he   has   been   guilty   of 
such   conduct  within   two  years   next   preceding   nis   applica- 
tion.    Whenever   any   holder    of   the    certificate    herein    pro- 
vided for  is   guilty  01   unprofessional   conduct,   as   the   same 
is  defined  in   this   act,   and   the   said   unprofessional   conduct 
has  been  brought  to  the  attention  of  the  board  granting  said 
certificate,   in   the   manner   hereinafter   pointed   out,   it   shall 
be  their  duty  to,  and  tney  must,  revoke  the  same  .at   once, 
and    the    holder   of   said    certificate   shall    not   thereafter   be 
permitted  to  practice  medicine  or  surgery,  or  any  of  tne  de- 
partments  of   medicine    or   surgery,    in    this    state.      But   no 
such   revocation    shall   be   made   unless   said   holder   is   cited 
to   appear,   and  the   same  proceedings  are  had   as  is  herein- 
before provided   in  this   section  in   case   of  refusal   to   issue 
certificates.     The  accused  party,  at  the  time  he  presents  his 
answer  for  filing,   shall   deposit  with   the   secretary  his   cer- 
tificate, and  unless  he  do  so,  the  secretary  must  not  file  his 
answer,    and     default    shall    be    thereupon    entered    against 
him,  and  his  certificate  revoked  if  the  charges  on  their  face 
be  deemed  sufficient  by  the  board.     When  the  certificate  is 
revoked,   the  secretary   of  the   board,   if  said   certificate  has 
been  deposited  with  nim,  shall  write  across  the  face  thereof, 
in  red  ink,  the  fact  of  such  revocation,  and  shall  file   said 
certificate,  so  revoked,  among  the  archives  of  his  office,  and 
shall  also  certify  the  fact  of  such  revocation,  under  the  seal 
of  the  board,  to  the  county  clerk  of  the  counties  in  which 
the  certificate   of  the  person  whose   certificate   has  been   re- 
voked is  recorded;  and  said  clerk  must  thereupon  write  upon 
the  margin  or  across  the  face  of  his  register  of  the  certificate 
of  such  person,  the  following: 

"This    certificate    was    revoked    on    the  day    of 

, "  giving  the  day,  month  and  year  of  such  revoca- 
tion, in  accordance  with  said  certification  to  him  by  said 
secretary.  The  record  of  such  revocation  so  made  by  said 
county    clerk    shall    be    prima    facie    evidence    of    the    fact 


Act  2162.  §§  11,  12  .\!i:r>l'INE.  604 

thexeof,  rind  of  the  regularity  of  all  the  proceedings  of 
said  board  in  the  matter  of  said  revocation.  If  s:iid  board 
shall  decide  againsl  revocation,  tlir  certificate  shall  bo 
returned    to    the    holder    thereof.     N  shall    be 

Iced   for  unprofessional   conduct   unless   the   accused   has 
guilty  thereof  rah  ■:■    of  this  act, 

mi .1  anless  hi    baa  bees  guilty  thereof  within  two  ywn 
preceding    the    time    of    fllii  implaint    charging    him 

with  sn.li  unprofessional  conduct.  From  the  time  of  the 
revocatioi  the   holdtor  thereof  shall  be   die- 

qualified  from  practicing  medicine  or  surgery  in  this  state. 

The  words  "unprofessional  eondi  teed  hi  Ibis  act, 

ai«  ht  r<  by  declare  d  to  m<  an : 

First  -Tin'  procuring  or  aiding  or  abetting  in  procuring  a 
criminal  abortion. 

The  obtaining  of  any  foe  on  the  assnrasiee  that 
incurable   dia  I  Hy   cured. 

Third     The  willfully  betraying  a  profeesiona 
Pourth      Ml    advertising    of   medieal  in     which 

|y   Lmprobabli  i   do. 

Fifth      Ml  advertising  of  any  nedicinee,  or  of  anv  means, 
whereby   the   monthly  •  can  be   regulated, 

or  the  mi  ■  died   if  b 

Sixth-   Conviction    of    any    offenae    involving    moral    turpi- 
• 

nth—  Habitual    [ntem p<  ranee. 

ll.     Expenditures   of   the   board.     Said     board    shall 
•  employ  legal  counsel  and  clerical  af 
anoe,  and  to  fix  the  BaJarfa  same,  and  bo  incur  such 

otbei  be   deemed   aeceeaary   to   carry   into 

HlVd  the  provisions  of  this  act.  Tt  shall  ahw  fi\-  the  ealary 
of  the  secretary,  ■    of    twenty-four 

hundred     dollars     pi  r    annum,   ami     the     sum     to     be     paid     to 

other    members    of     said    board,    nol  ■    doHara 

per    diem    each,    for    each    and    SV<  ry    day    of    a. dual    service 

in  the  discharge  of  official  duties;  and  said  board  may. 
In     ,  'ion.    add    to    said    sum  *y      traveling 

.Ml     money    in    excess    of    the    actual    eX] 
the    board    shall    be    paid    annually    into    the    treasuries   of    the 

respective    state    medical  and    shall    be    ptosated 

according  to  the  number  of  representatives  of  each  school 
aeaong  the  appJieanta  examined. 

Bee.    12.      Illegal    practice.      Any     person     practicing     medi- 
cine   or    Burgery    in    this    state,    without    having,    at    the    time 
jo     practicing,    a     valid,    unrevoked,  certificate,    as    pro- 


605  MEDICINE.  Act  210-:,   55  1^-1" 

tided  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  for  a  term  of  not 
less  than  sixty  days,  nor  more  than  one  hundred  and 
eighty  days,  or  by  both  such  fine  and  imprisonment.  In 
each  such  conviction  one-half  of  the  fine  shall  be  paid,  when 
collected,  to  the  prosecuting  wincss,  or  witnesses,  and  the 
other  half  be  paid  into  the  school  fund  of  the  county  or  city 
and   county,   in   which   such   conviction    is   had. 

Sec.  13.  Unauthorized  registration.  Every  person  filing 
for  record,  or  attempting  to  file  for  record,  the  certificate 
issued  to  another,  falsely  claiming  himself  to  be  the  per- 
son named  in  such  certificate,  or  falsely  claiming  himself 
to  be  the  person  entitled  to  the  same,  shall  be  guilty  of 
felony,  and,  upon  conviction  thereof,  shall  be  subject  to 
such  penalties  as  are  provided  by  the  laws  of  this  state  for 
the    crime   of   forgery. 

Sec.  14.  False  representation.  Any  person  assuming  to 
act  as  a  member  of  a  state  board  of  medical  examiners, 
or  who  shall  sign,  or  subscribe,  or  issue  or  cause  to  be 
issued,  or  seal  or  cause  to  be  sealed,  a  certificate  author- 
izing any  person  to  practice  medicine  or  surgery  in  this 
state,  except  the  person  so  acting  and  doing  shall  have 
been  elected  a  member  of  said  board  of  medical  examiners 
as  in  this  act  provided,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars,  or  by  im- 
prisonment in  the  county  jail  for  a  term  of  not  less  than 
sixty  nor  more  than  one  hundred  and  eighty  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  15.  Previous  registration.  Any  person  who  holds 
a  certificate  from  one  of  the  boards  of  examiners  hereto- 
fore existing  under  the  provisions  of  "An  act  to  regulate 
the  practice  of  medicine  in  the  state  of  California,"  ap- 
proved April  third,  eighteen  hundred  and  seventy-six,  or 
an  act  supplemental  and  amendatory  to  said  act,  which 
became  a  law  April  first,  eighteen  hundred  and  seventy- 
eight,  shall  be  entitled  to  practice  medicine  and  surgery 
in  this  state,  the  same  as  if  it  had  been  issued  under  this 
act;  but  all  such  certificates  may  be  revoked  for  unpro- 
fessional conduct,  in  the  same  manner  and  upon  the  same 
grounds  as  if   they  had  been  issued  under  this  act. 


Act  2162,  §}  16,  17  MEI>iriNK.  606 

Sec.  16.  Definition.  The  following  persons  shall  be 
deemed  as  practicing  medicine  or  surgery  within  the  mean- 
ing of  this  act: 

1.  Those  who  prof<  BS  to  be,  or  hold  themselves  out  as 
being,    engaged    as  ns   or   Burgeons   in    the 

tmenl  of  disease,  injury,  of  deformity  of  human  beings. 

2.  Those  who,  for  pecuniary  or  valuable  consideration, 
shall  prescribe  medicii  tiam,  or  eleetrieit7i  in  the 
treatment  of                    inry,  "r  deformity  of  human  beings. 

3.  T  r    valuable    oonaideration, 

shall   employ  surg  ■  dical   menus  or  appliances   tor 

the   treatment  u  jury,   or   deformity   of   human 

beings,   except  ta]   and   optical   ap- 
plian 

4.  Those   win),    for    8    pecuniary    or    valuable    consideration, 

!ru^'  nr  medicine,  appliance,  or  med- 
icii or  surgical  treats  perform  any  operation  for 
the  relief  Of   cure  of  any   bodily   injury  or 

The    doing    Of    any    of    the    acts    in    this    section    mentioned 

shnll  be  taken  to  be  prima  faeie  evidence  of  an  intent  on 
the  part  of  the  person  doing  any  of  said  acts  to  repn 
him  I  iii  the  practice  of  medicine  or  surgery, 

or  both;  but  nothing  in   tins  act   shall  be  so  construed  as  to 
inhibit  service   in   the  saae  of  Emergency,  or  the  dom 

administration   of   family   remedies;    nor  shall    this   act   apply 
ay    commissioned    medical    officer   in    the    United    81 

Sen  Lee,    in    t  be    discharge 

of  his  professional  duties,  nor  to  any  legally  qualified  den 
tist  lusively  in  the  | » r . t  lentistry, 

nor  to  any  physician  or  surgeon  from  another  Si  its  or  ter- 
ritory, when  in  actual  Consultation  with  a  legal  practi- 
tioner of  th  •  BUCh  physician  or  surgeon  is.  at 
the  time  of  racfa  consultation,  a  legal  practitioner  of  medi- 
cine or  surgery  in  the  stati  or  territory  in  which  h< 
sides;  nor  to  any  physician  or  Burgi  on  residing  on  the 
border  of  a  neighbor!  and  duly  authorized  under 
the  laws  thereof  to  practice  medicine  or  surgery  therein, 
whose  practice  extends  v.ithin  the  limit 
provided,    that    such    practitioner   shall    not    open    an    "tlice  or 

appoint  a  place  to  meet  patients  or  n  ills  within  the 

limits  of  this  state. 

Sec  17.  Repeal.  An  act  entitled  "An  n<-t  to  regulate 
the   practice  of   medicine   in    thi  ..       ap- 


«'7  MENDOCINO    COUNTY.  Acts  2132a,  2ifi? 

proved  April  third,  eighteen  hundred  and  seventy-six;  and 
an  act  entitled  "An  act  supplemental  to  and  amendatory 
of  an  act  entitled  'An  act  to  regulate  the  practice  of  medi- 
cine in  the  state  of  California-, '  April  third,  eighteen  hun- 
dred and  seventy-six,"  which  became  a  law  April  first, 
eighteen  hundred  and  seventy-eight,  and  all  acts,  and  parts 
of  acts,  in  conflict  with  this  act,  are  hereby  repealed* 

Sec.  18.  This  act  shall  take  effect  from  and  after  the 
first  day  of  August,  nineteen  hundred  and  one. 

ACT  2162a. 

An  act  appropriating  twenty-five  hundred  ($2500)  dollars  to 
enable  the  Board  of  Medical  Examiners  of  the  State  of 
California  to  restore  certain  property  and  records  de- 
stroyed by  fire  which  said  property  and  records  are 
necessary  for  the  business  of  the  office  of  the  Board 
of  Medical  Examiners  of  the  State  of  California. 

[Approved  June    14,    1906.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  There  is  hereby  appropriate  1  for  the  office 
of  the  Board  of  Medical  Examiners  of  the  State  of  Cali- 
fornia out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  twenty-five  hundred  ($2500)  dol- 
lars to  enable  the  Board  of  Medical  Examiners  of  the  State 
of  California  to  restore  certain  records  and  property  de- 
stroyed by  fire,  which  said  records  and  property  are  neces- 
sary for  the  business  qf  the  Board  of  Medical  Examiners 
of  the  State  of  California. 

Sec.  2.  The  state  controller  is  hereby  directed  to  draw 
his  warrant  for  the  sum  in  this  act  appropriated  in  favor 
of  the  Board  of  Medical  Examiners  of  the  State  of  Cali- 
fornia upon  their  requisition  for  the  same  :  nd  the  state 
treasurer  is  hereby  directed  to  pay  said  warrant. 

Sec.   3.     This   act   shall   take   effect   immediately. 


TITLE  298. 
MENDOCINO    COUNTY. 
ACT   2167. 

Big    Eiver    township,    purchase    and     construction    of    free 
bridges    in.      [Stats.    1873-4,    p.    544.] 
Amended    and    supplemented    1S73-4,    791- 


©PARK  *** 

ACT   2168. 

Purchase   and   erection   of  bridges  in,  building  and  improve- 

m  nt  «.f  r...i.is.     [stat-  p.  .".:«'•.] 

ACT   2169. 

1  roviding  for  disposal   of  lots  ii.  0    the  public  lands 

in.     paw.    DM0,  p.  -s'7-1 
Sui  anedad   by 

This    act    was    panad     to    carry    Mt     the    provisions    of    an    act    of 
n injrre«s    for   the    relief   of   cltlxens   of    towns    on    the    public    larrls. 

ACT    2170. 

Fixing    salaries    of    certain    officers    of.      [Stats.    1873-4,    p. 

171.] 

Amended    1877-8.    1S3.     Repealed    by     Cunty    Cioffmmint    Act, 
B2S.    sec     171 

This   art    fixed    the   aalarle*   of   »h<  ilff,    county   cU  rk.    and    recorder. 

ACT    2171. 

Regulating    fees    of    certain    officers    of.      [Stats.    1873-4,    p. 

Repealed     bv    County    Government     Acts,     18*7,    MS.    aec.     174.     aivi 
fee  bill   of   1SSS.    M7. 

ACT  2172. 

Repealing  all   special  road  laws  in.      [Stats.   1S73-4,  p. 

ACT  2173. 

To     provide     for     the     election     of     supervisors     in.      [B| 
1877-a,  p.   1081.] 

Repealed   by    the   County    Government   Acts,    1&97.    462. 


TITLE  299. 
MENM.o    PARK. 

ACT  2178. 

Incorporation.     [Stats.    1873-4,   p.    533.] 

Repealed   1S75-6,    400. 


609  MERCED   CITY— MERCED   COUNTY.  Acta  2133-2133 

TITLE  30O. 

MEECED    CITY. 
ACT  2183. 

Protection  against  fire  in.     [Stats.  1877-8,  p.  214.] 


TITLE  301. 

MEECED  COUNTY. 
ACT    2188. 

Separating  office  of  county  recorder  from  county  clerk,  and 

regulating    the    salaries    of    certain    officers    in.     [Stats. 

1873-4,  p.  660.] 

Amended    1877-8,    iff!,    137.     Repealed    by    County    Government    Acts, 
1M.    657,    sec.    198. 

ACT  2189. 

Licenses,  collection  of.     [Stats.  1875-6,  p.  508.] 

Repealed  by  County   Government  Acts,   1897,   452. 

ACT    2190. 

Collection  of  poll  taxes  in.     [Stats.  1877-8,  p.  837.] 

Repealed   by    Political    Code,    sec.    2652. 

ACT    2191. 

Public   administrator,  bonds  of.     [Stata.   1871-2,  p.  21.J 

Superseded    by    County    Government   Act,    1897,    475. 

ACT    2192. 

Authorizing  the  supervisors  to  sell  and  convey  the  court- 
house block  and  buildings  in  the  town  of  Snelling. 
[Stats.  1873-4,  p.  239.] 

ACT    2193. 

Witness   fees   in.     [Stats.   1873-4,   p.   732.] 
Repealed    1875-6,    493. 
Gen.  Laws— 39 


MKXI'WN     V/.'l:     MILITARY     ACADEMY.  «10 

TITLE    302. 
MBXICAN    \v.\i:. 
ACT    2197. 

Authorizing  trustees  of  Associated    Veterans  of,  to  exchange 
eertain    lands   for   cerl  r    property   belonging   to 

the  city  and  count)   oi  Ban  IfTaneiaeo,  ox  tor  a  kase  of 
such  property.     [StalM.  1871-g,  p.  ;;C3.J 

AajcmJuJ    Utt,    66. 


TITLE    303. 

MIUTAUY      M   Al'KMY. 
ACT    2200. 

An    act    to    furnish    arms    for    the   use   of   military   academies 
in    I 

[Approved    r  .    1872.     stats.    1871-2,  p.   121.] 

Military   acad(  mi.  s — Ma 

Section    1.     Thai    when    B    military    academy   has  been   es- 
tablished   within    the    Btate,    having    not   lean    than    eight} 
.    uniformed,    drilled,    and    instructed    in    strict    accord- 
•    with    the    ta  '    the    regular    Oi  tea   army 

md   all   :'  i    of  education   and  economy  con- 

ducted  upon  strict  military  principles,  the  military  in- 
stin  ach  acadi  my,  when  regularly  elected  by  the 
board  of  trustees  or  other  lawful  authority  of  the  academy, 
I.,  commissioned  in  the  National  Guard  of  California,  with 
the  rank   of   major. 

Bond   and   issue   of  arms, 

'_'.  That  upon  giving  bond,  with  good  security,  to 
be  approved  by  the  county  judge  of  the  county  s 
academy  is  situated,  conditioned  for  th<  safe-keeping  against 
fire,  Loss  and  againsl  all  damages,  in  twice  the  value,  that 
arms  and  accoutrements,  the  property  of  the  state,  be  ifl- 
sut  d   for  the  use  of  such   military   academy. 

Requisition. 

:\.    The  adjutant-general  of  the  Btate  is  hereby  au- 
thorized    to    issue    such     arms     and     accoutremi  nts    as    may 


Gil  MINERAL    CABINET— MINKS    AND    MINING.     Acts  2205-221:, 

be  needed  by  the  said  military  academies,  without  a 
monthly  allowance,  in  the  same  manner  as  arms  and  ac- 
coutrements are  issued  to  regular  organized  ompanies  of 
the  National  Guard  of  California,  upon  requisition  made  for 
this  purpose,  approved  by  the  commander-in-chief. 
Sec.  4.     This  act  shall  take  effect  immediately. 


TITLE   304. 

MINEKAL  CABINET. 
ACT  2205. 

To  provide  for  the  establishment  of  a  cabinet  department 
in  the  state  library.  [Approved  April  1,  1872.  Stats. 
1871-2,  p.  824.] 

ACT   2206. 

To    provide   for    the    removal   of   the   mineral   cabinet   from 
the   state   library.     [Stats.    1887,   p.   74.] 

This   act   provided    for    the   removal   of    the    cabinet    to    the    Crocker 
art    nailery    and    the   appointment   of   trustees   of   the    mineral    cabinet. 


TITLE  305. 
MINES   AND   MINING. 
ACT  2211. 

Establishment     and      maintenance    of     a      mining     bureau. 
[Stats.    1880,   p.    115.] 
Repealed    1893,    207. 

ACT   2212. 

Supplemental   to   act  providing  for   mining  bureau.     [Stats. 
1885,  p.  217.] 
Repealed    1S93.    207. 

ACT    2213. 

To  provide  for  the  establishment  of  a  state  mining  bureau. 
[Stats.   1893,  p.   203.] 
Amended  1903,   113. 

ACT  2214. 

Appropriation  to  be   used  in   the   construction   of  works  for 
restraining   and   impounding    debris.      [Stats.    1901,   p.    7.] 
This   act   appropriated   $150,000    for   the   above    purpose. 

ACT   2215. 

An  act  to  provide  in  whose  name  title  shall  be  taken  to 
the  site  or  sites  for  the  construction  of  the  works 
provided  for  in   the  act  of  the  legislature  of   the  statu 


Acts  2216-2218  MINES   AND    MININ3.  612 

of  California  entitled  "An  act  to  provide  for  the  aj>- 
pointment,  duties  and  compensation  of  a  debris  com 
missioner,  and  to  make  an  appropriation  to  b°  ex- 
pended under  his  directions  in  the  discharge  of  his 
duties  as  such  commissioner,"  approved  March  24, 
1893,  and  the  amendments  thereto. 

[Approved  March  13,  1901.     Stats.  1901,  p.  282.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  folio, 
Section  1.  The  title,  estate  and  interests  in  all  sites 
parch— ad  adder  the  act  of  the  legislature  of  the  state  of 
California  entitled  "An  act  to  provide  for  the  appointment, 
duties  and  compensation  of  a  debris  commissioner,  and 
to  make  an  appropriation  to  be  expend*  d  under  his  dir<  '• 
tions  in  the  discharge  of  his  duties  as  such  commissioner.  ' 
BpproVed      March      twenty  fourii  i  .'n      hundred      and 

ninety-three,  and  the  amendments  thereto1,  for  the  con- 
traction of  the  works  in  said  acts  contemplated)  shall  be 
taken  in  the  mime  of  the  government  of  the  United  States 
of  America. 

'2.     This  act  shall   take   eiTct   immediately. 

ACT  2216. 

Prescribing  the  manner  of  locating  mining  claims  upon 
tin  public  domain  of  the  United  Btates,  recording  no- 
tics  of  location  thereof,  amending  defective  locations, 
and  providing  for  the  deposil  of  district  records  with 
county  recorders,  and  prescribing  the  effect  to  be  given 
to     recordation    oi      sot  location    and    atlidavits. 

[Approve, 1    March    U7,    189T.      Stats.    1897,   p.   214.] 
■0,   9. 
<Vil.    Rep.    'it.     125,    193;  I      131,    563;     145,    14;     144,    IS; 

H5.     18;      145,    19;      145,    22;      145.    24;     145,    ft. 

ACT    2217. 

prot      t    owners    of    crops,    buildings,    and    improvements 
in  the  mining  districts.     [Stats.  1855,  p.  145.] 

Uncai.stttuti'ina!    in    part,     uiillam    v.    Hutchinson,    16    Cal.    163.) 
T'nU    act     protected    the    owners    of    growing    crops    from    Injury     by 
miners. 

ACT  2218. 

To   secure    to    the    miners   of   this   state    pure    and   unadulter- 
ated quicksilver.      [Stats.    1865-6,  p.   191.] 


6U  MIXES    AXD    MINING.  Acts  2219-22 21 

This  act  is  not  in  terms  repi  akJ,  although  as  to  the  criminal 
portion  It  is  superseded  by  the  Penal  Code,  sees.  366,  367.  It  is  diffi- 
cult to  determine  how  much,  if  any,  of  the  balance  remains  in  force. 
Under  any  circumstances  it  is  regarded  as  of  sufficient  importance 
to  refer  to  it  here. 

ACT    2219. 

Concerning     partnerships      for      mining      purposes.      [Stats. 
1865-6,  p.  828.] 

This  act  has  not  been  in  terms  repealed,  and  in  the  absence  oE 
•lireet   legislation   it   is   difficult   to   tell   whether   it   is   in    force   or   not. 

ACT     2220. 

Providing   for   conveyance   of   mining   claims.      [Stats.    1860, 

p.   175.] 

Amended   1863,    9S. 

"Probably  Hid    seq  .    Civ.    Ccyle.     If    n.  i 

modified   as   to   corporations  by   1SS0,    131." — Code   Commissioners'    Note. 

ACT    2221. 

An  act  to  provide  for  the  covering  or  fencing  of  abandoned 
mining    shafts,    pits    or    excavation,    the    penalty,    and 
also   the  penalty  for  removing  or  destroying  the  cover- 
ing or  fencing  from  same. 
[Approved   March   20,   1903.     Stats.   1903,  p.   283.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows  : 

Section  1.  All  abandoned  mining  shafts,  pits  or  other 
abandoned  excavations  dangerous  to  passers  by  or  live- 
stock shall  be  securely  covered  op  fenced,  and  kept  so. 
by  the  owners  of  the  land  or  persons  in  charge  of  the 
same,  on  which  such  shafts,  pits  or  other  excavations  are 
located.  Any  person  or  persons  failing  to  comply  with  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  2.  All  abandoned  mining  shafts,  pits  or  other  ex- 
cavations situated  on  unoccupied  public  lands  may  be  se- 
curely covered  or  fenced  by  order  of  the  board  of  super- 
visors of  the  county  wherein  the  same  is  situated,  and  it 
shall  be  the  duty  of  the  board  of  supervisors  to  keep  the 
same  securely  fenced  or  covered  whenever  it  appears  to 
them,  by  proof  submitted,  that  the  same  is  dangerous  or 
unsafe  to  man  or  beast.  The  cost  of  said  covering  or 
fencing  to  be  a  county  charge. 

Sec.  3.  Any  person  or  persons  maliciously  removing 
or  destroying  any  covering  or  fencing  placed  around  or 
over  any  shaft,  pit  or  other  excavation,  as  hereinbefore 
provided,  shall  be  deemed  guilty  of  a  misdemeanor. 


Act  2223.  J  j  1-3  MINES   AND   MINING.  bU 

Sec.   4.     This   act    shrill    take   effect   six   months   from   the 

ACT   2222. 

An   set    for  the   protection  of  miners. 
[Approved   March   16,   L872.     stats.   1871-2,  p.  413.] 
tion  to  DO 

n     1.      It    shall    not    lie    /awful    for    any    corporation, 

ra    of    any    quartz-mining    claims 

within     I  ..f     California,     where    such     corporation, 

•  mploj    t  vrelve     mi  n    daily, 

nk    down    into    such    tu in.     OT    mines    any    perpendicular 

Bhaft  or  inclii  a  depth  from  the  larzaoe  of  three 

luindred    feel    wit  riding   a   second    mode 

r    tunnel,    to   connect    with    the 
mail  i  of  not  It  ss  than  one  hundred   feet 

from  tin 

Mil.1  ipe. 

It    shall    hi     tin-    duty   of   each    corporation,   asso- 
ciation,    owner,   01  t    any    quartz    mini'    or    mine.s    in 

iry    to    w.irk   such   mines 
•hi.,    hundred    feet,   and    where   the 
number  of  men   emplo;  d  daily  shall  be  twelve  or 

inor  ■•.k  another  Bhafl  or  construel  a  tun- 

nel Mo    main  working-shaft  of  such 

mine   as   :i    modi    "i'   ei  "■    underground   accident,  or 

otherwise.      Aid     all  itions,    owner,    or 

owners  "'    mil  id,   working  at   a   greater  depth 

than  three  hundred  feet,  not  having  any  other  mode  of 
egri  -s  than  from  the  main  shaft,  shall  proceed  as  herein 
providi  d. 

Liability  b. 

Sec.    '■'•■     When     any     corporation,     association,    owner,   or 
owners   of   any   qu  in    this   state   Bhall    fail    to    pro- 

vide   for    the    proper  -    herein    contemplated,    and 

therein  shall  be  hurl  or  injured,  and  from  surdi  injury 
might    I,  I    if   the   second    mode   of   egress   had   ex- 

i,    -  n eh    ,  tion,    owik  r    or    on  m  r 

the  mini  win  re  the  injuries  shall  hav<  occurred  shall  be 
liable  to  tin    person  injured  in  all  damages  that  may  accrue 

|.v    reason    tin  not;    and     an     action     at     law     ill     a     COUrl    of 

npetenl    jurisdiction     may     be     maintained     against     the 

owner    or    owners     of    Buch     mine,    which    owners    shall    he 

\.  rally    liable    for   such     damages.      And     where 

li    shall    ensue    from    injuries    received    from    any    negll- 


315  M:\'KS    AMD    MIXING  Act  2223,  §5  1-1 

genee  on  the  part  of  the  owners  thereof,  by  reason  of  thoir 
failure  to  comply  will:  any  of  the  provisions  of  this  act, 
the  heirs  or  relatives  surviving  the  deceased  may  com- 
mence an  action  for  the  recoveiy  of  such  damages  as  pro- 
vided by  an  act  entitled  an  act  requiring  compensation  for 
causing  death  by  wrongful  act,  neglect,  or  default,  ap- 
proved April  twenty-sixth,  eighteen  hundred  and  sixty- 
two. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  six 
months  from  any  after  its  passage. 

ACT    2223. 

An  act  for  the  protection  of  coal  mines  and  coal     miners. 
[Approved  March  27,  1874.     Stats.  1873-4,  p.  726.] 

Map. 

Section  1.  The  owner  or  agent  of  every  coal  mine  shall 
make  or  cause  to  be  made  an  accurate  map  or  plan  of  the 
workings  of  such  coal  mine,  on  a  scale  of  one  hundred  feet 
to  the  inch. 

Copies. 

Sec.  2.  A  true  copy  of  which  map  or  plan  shall  be  kept 
at  the  office  of  the  owner  or  owners  of  the  mine,  open  to  tbt 
inspection  of  all  persons,  and  one  copy  of  such  map  or  plan 
Bhall  be  kept  at  the  mines  by  the  agent  or  other  person  hav- 
ing charge  of  the  mines,  open  to  the  inspection  of  the  work- 
men. 

States  or  outlets'. 

Sec.  3.  The  owner  or  agent  of  every  coal  mine  shall  pro- 
vide at  Least  two  shafts,  or  slopes,  or  outlets,  separated  by 
natural  strata  cf  not  less  than  one  hundred  and  fifty  feet  in 
breadth,  by  which  shafts,  slopes,  or  outlets  distinct  means  of 
ingress  and  egress  are  always  available  to  the  persons  em- 
ployed in  the  coal  mine;  provided,  that  if  a  new  tunnel,  slope, 
or  shaft  will  be  required  for  the  additional  opening,  work 
upon  the  same  shall  commence  immediately  after  the  passage 
of  this  act,  and  continue  until  its  final  completion,  with  rea- 
sonable dispatch. 

Ventilation. 

Sec.  4.  The  owner  or  agent  of  every  coal  mine  shall  pro- 
vide and  establish  for  every  such  mine  an  adequate  amount 
of  ventilation,  of  not  less  than  fifty-five  cubic  feet  per  second 
of  pure  air,  or  thirty-three  hundred  feet  per  minute,  for  every 


3,   §5  M  MINKS    AND    MINING.  61« 

fifty  m<  n  at  work  in  such  mine,  and  as  much  more  as  circum- 
stances may  require,  which  Bhall  be  circulated  through  to  the 
face  of  each  and  every  working  place  throughout  the  entire 
mine,  to  dilute  and  render  harmless  and  expel  therefrom  the 
im.\:  extent   that  the   entire 

nine  shall    be   in  a  tor   men   to   work   therein,  ami    be 

free  ftroi  d  Bi  ee  of  the  men  by  n 

-    gaai  -.    and    all    workings   shall 
ling  gas. 

1  naidi 

5.  To  secure  the  ventilation  of  ■  I  mine,  ami 
provide  tor  the  health  and  safety  of  the  men  employed  there- 
in, otherwise  and  ii                          .  th<    owner,  oi  -  the 

may   l>e.   in   charge  of  every  coal   mine,  shall   employ   ■ 
com  |  i  shall  % 

ful  watch  over  the  ventilating  apparatus,  over  the  air  9 
the  traveling  pumps  and   sumps,  the   timbering,   to 

in  their  excavations  thai  all  (eose 
coal,  slate,  or  rock  overhead  is  carefully  secured  against  fall- 
ing; over  the  arrangemi  gnaling  from  the  bottom  to 

the  top,  riiiil   from  t  he  top   '«"  the  bottom   of  the  shaft   or  sh  pe, 

and  all  :  1  with  the  appertaining  to  the  safety 

of   the   men   at    work    in    the   mine.      lie,   or  his   a  Bhall 

lh    the  of  all   minis   generating 

pin-  morning  before  the  miners  enter,  ami  shall 

ascertain  that  the  mine  is  free  from  danger,  ami  the  workmen 
shall  not  enter  tin-  mine  until  Buch  examination  has  been 
made  and  resported,  and  the  cause  of  danger,  if  any,  be 
tempi 

6.  The  overseer  -hall  Bee  that  hoisting  maenim 
kept    constantly    in    repair    and    ready    for    use,     to     hoist     the 
workmen  in  or  out  of  the  mine. 

Owner. 

Sec.   7.     The   word   "owner"    in    this    act    shall    apply    to 
e  as  well. 

Right   of  action. 

Sec.  8.  For  any  injury  to  person  or  property  occasioned 
by  any  violation  of  this  act.  or  any  willful  failure  to  iom- 
p'lv    with   its    provisions,   a    n_  ;ion   shall   accrue  to   the 

party  injured  for  any  direct  damages  he  or  she  may  have 
Sustained  thereby,   before  any  court  of  competeut  jurisdiction 


617  MINES    AND    MIXING.  Act  2224,  §§  1,  I 

Liability. 

Sec.  9.  For  any  willful  failure  or  negligence  on  the  part 
of  the  overseer  of  any  coal  mine,  he  shall  be  liable  to  con- 
viction of  misdemeanor,  aril  punished  according  to  law;  pro- 
\ided,  that  if  such  willful  failure  or  negligence  is  the  cause 
of  the  death  of  any  person,  the  overseer,  upon  conviction, 
shall  be  deemed  guilty  of  manslaughter. 

Boilers. 

Sec.  10.  All  boilers  used  for  generating  steam  in  and 
about  coal  mines  shall  be  kept  in  good  order,  and  the  owner 
or  agent  thereof  shall  have  them  examined  and  inspected,  by 
a  competent   boiler-maker,   as  often   as  once  in  three   months. 

Sec.  11.  This  act  shall  not  apply  to  opening  a  new  coal 
mine. 

Sec.  12.     This  act  shall  take  effect  immediately. 

ACT   2224. 

An   act   to   provide   a   state    hospital   and   assdum   for   miners. 
[Approved   March   14,   1881.     Stats.    1881,   p.   81.] 

Erection  of  state  hospital  for  miners. 

Sectiou  1.  There  shall  be  erected,  as  soon  as  conveniently 
may  be,  upon  some  suitable  site,  to  be  determined  and  ob- 
tained as  is  hereinafter  provided,  a  public  hospital  and  asy- 
lum for  the  reception,  care,  medical,  and  surgical  treatment, 
and  relief  of  the  sick,  injured,  disabled,  and  aged  miners, 
which  shall  be  known  as  the  ' '  California  State  Miners '  Hos- 
pital and  Asylum." 

Trustees  of,  how  appointed. 

Sec.  2.  The  governor  shall  nominate,  and  by  and  with  the 
advice  and  consent  of  the  senate  appoint  five  persons  to  serve 
as  trustees  of  the  said  institution,  who  shall  be  a  body  politic 
and  corporate  by  the  name  and  style  of  the  ' '  Trustees  of  the 
California  State  Miners'  Hospital  Asylum,"  and  shall  man- 
age and  direct  the  concerns  of  the  institution,  and  make  all 
necessary  by-laws  and  regulations,  and  shall  have  power  to 
receive,  hold,  dispose  of,  and  convey  all  real  and  personal 
property  conveyed  to  them  by  gift,  devise,  or  otherwise,  for 
the  use  of  said  institution,  and  shall  serve  without  compensa- 
tion. Of  those  first  appointed,  two  shall  serve  for  two  years, 
and  three  for  four  years;  and  at  the  expiration  of  the  respec- 
tive terms,  each  class  thereafter  shall  be  appointed  for  four 
years.  A  vacancy  in  said  board,  from  any  cause,  shall  be 
filled  by  appointment  by  the  governor  for  the  unexpired  term. 


Act  2224,  5§  3-8  MINES   AND    MINING.  «M 

Superintendent,  how  appointed. 

Sec.  3.  The  said  trustees  shall  have  charge  of  the  general 
interests  of  the  institution;  they  shall  appoint  the  superin- 
tendent, who  sli;ill  i>c  a  -killful  physician  and  surgeon,  subject 
to   removal   or  no   oftener   than   in    periods   of  ten 

years,  except  by  infidelity  to  the  trust  reposed  in  him,  or  for 
incompetency. 

By-la 

Sec.  4.  The  trustees,  by  and  with  the  consent  of  the  gov- 
ernor, shall  make  such  by  laws  and  regulations  for  the  gov- 
ernmenl    of    the    institution    as    shall    b  rv;    they    shall 

appoint  i  treasurer,  who  Bhall  rive  bonds  to  the  people  of  the 
state  of  California  for  the  faithful  discharge  of  his  duties; 
and  they  shall  tix  the  compensation  of  all  officers,  assistants, 
and  attaches,  who  may  be  necessary  for  the  just  and  economi- 
cal administration  of  the  affairs  of  said  institution. 

Charges   for  medical  attendance. 

[ndigenl    i  U   be  charged   for  medica]   at- 

tendance, surgical  operations,  board,  and  nursing  while  resi- 
dents in  the  hospital  and  asylum,  no  more  than  the  actual 
cost;    pa.  anta,  whose  friends  can   pa\    their  expenses, 

and  who  are  cot  chargeable  upon  townships  and  counties, 
shall  pay  according  to  the  terms  directed  by  the  trustees. 

Powers  of  boards  of  supervisors. 

Sec.  6  The  seveial  hoards  of  supervisors  of  counties,  or 
an)  constituted  authority  in  the  state  having  care  and  eh 
of  any  indigent  sick,  or  aged  person  or  pi 
torily  proven  by  them  to  have  been  miners,  shall  have  author- 
ity to  send  to  the  "California  State  Miners'  Hospital  and 
iiru"  such  persona,  and  they  shall  be  severally  charge- 
able with  the  expenses  of  the  care,  maintenance,  and  treat- 
ment, and  removal  to  and  from  the  hospital  and  asylum  of 
such    patients. 

Trustees  to  report. 

Sec.  7.  The  trustees  shall  annually,  at  such  time  as  the 
governor  may  designate,  report  to  him,  for  transmission  to 
the  legislature,  such  a  Statement  as  he  may  require  as  to  the 
management  of  the  said  hospital  and  asylum. 

Sec.  8.     This  act  shall  take  effect  immediately. 


J19  MINES    AND    MINING.  Act  2225,  §§  1,  2 

ACT   2225. 

An  act  to  establish  a  uniform  system  of  mine  bell  signals,  to 

be  used  in  all  mines  operated  in  the  state  of  California, 

and  for  the  protection  of  miners. 

[Approved  March  8,  1893.     Stats.  1893,  p.  82.] 

Section  1.  Every  person,  company,  corporation,  or  in- 
dividual operating  any  mine  within  the  state  of  California 
— gold,  silver,  copper,  lead,  coal,  or  any  other  metal  or 
substance  where  it  is  necessary  to  use  signals  by  means 
of  bell  or  otherwise  for  shafts,  inclines,  drifts,  crosscuts, 
tunnels,  and  underground  workings — shall,  after  the  pas- 
sage of  this  bill,  adopt,  use,  and  put  in  force  the  following 
system  or  code    of   mine   bell   signals,   as   follows: 

1  bell,  to  hoist.     (See  rule  2.) 

1  bell,  to  stop  if  in  motion. 

2  bells    to    lower.     (See    rule    2.) 

3  bells,    man   to   be    hoisted;    run    slow.     (See    rule    2.) 

4  bells,  start  pump,  if  not  running,  or  stop  pump  if  run- 
ning. 

1 — 3  bells,  start  or  stop  air  compressor. 

5  bells,   send    down   tools.     (See   rule   4.) 

6  bells,    send    down    timbers.      (See    rule    4.) 

7  bells,  accident;  move  bucket  or  cage  by  verbal  orders 
only. 

1 — 4  bells,   foreman   wanted. 

2 — 1 — 1  bells,  done  hoisting  until  called. 

2 — 1 — 2  bells,   done   hoisting   for   the   day. 

2 — 2 — 2  bells,  change  buckets  from  ore  to  water,  or 
vice    versa. 

3 — 2 — 1  bells,  ready  to  shoot  in  the  shaft.      (See  rule  3.) 

Engineer's  signal,  that  he  is  ready  to  hoist,  is  to  raise 
the  bucket  or  cage  two  feet  and  lower  it  again.  (See  Rule 
3.) 

Levels  shall  be  designated  and  inserted  in  notice  here- 
inafter mentioned.     (See  Eule  5.) 

Sec.  2.  For  the  purpose  of  enforcing  and  properly  un- 
derstanding the  above  code  of  signals,  the  following  rules 
arc   hereby   established: 

Eule  1.  In  giving  signals  make  strokes  on  bell  at  regular 
intervals.  The  bar  ( — )  must  take  the  same  time  as  for 
one  stroke  of  the  bell,  and  no  more.  If  timber,  tools,  the 
foreman,  bucket,  or  cage,  are  wanted  to  stop  at  any  level 
in  the  mine,  signal  by  number  of  strokes  on  the  bell,  the 
number  of   the  level  first  before  giving  the  signal  for  tim- 


Act  2223,  J 8  3.  4  ND    MINING.  MO 

ber,    tools,    etc.     Tim.     between    Bignalfl    to    be    double    bars 

( —   — ).     Kxamph  s: 

6    —    -  at    sixth    level    with    tools. 

4  —  —  1  —  1—  — 1,  \voul<l  mean  stop  at  fourth  level, 
man    on,    I 

2 —  — 1 — J,  would  mean  stop  at  second  level  with  fore- 
man. 

g.    \u    person    must   get   < »fT  or  on   the  bucket   or  entre 
whih  WHO*    UN    an-    to    1"'    hojst,,), 

give  the  signal  fur  men.     Mi  ■   muti  then   get  on   backet  or 

•     I  o\ -•      B*  II   r-.«r«i  mast  be  in 

re*efc    of    man    on    the    bu<  I  i  r    -t    ■  age    at    stations. 
Rule  3.    After  '"   to   Shoot    in   shaft. 

must  '  :ii    when   he   is   ready   to   hoist.     Miners 

must  then  [five  the  -;L."ml  of  '*Men  to  he  hoisted,"  then 
"spit  fuse,"  get  i"t<>  the  bucket,  and  give  the  signal  lo 
hoist. 

Rule    1.  All   timbers,   to  tc.,  "longer   than   the  depth 

df  the  b  ed  or  lowered,  must  be  s<  cur.lv 

lasli.    ■  th.'    Cable.      Miners    must    know 

they  will  ride  up  or  down  the  shaft  without  catching  on 
rocks  or  timbers,  and   be   thrown   out. 

Rule     ."i.    'I'lo       foreman     WJU     SOC     that     OM     print,,]     sheet 

of   '  for  <  ach   level   and   one   for  th.- 

engii  i    hoard   not   Imp   than   twelve 

inches    wide    I  twfl    long,    and    si.ur.lv    f. 

the  board  op  gnals  can  be  easily  r.a.l  at  the  pi 

above    Btat<  1. 

Rule    6.  The  gnala    and    niles    must    be    si 

Anv  violation  will  be  sufficient  groands  for  discharging  the 

party    or    part  I    person,    company,    corpora- 

tion, or  individuals  operating  any  mine  within  the  state 
of  California  shall  be  responsible  for  accidi  ats  thai  may 
happen  to  men  disoboying  the  above  rules  and  signals, 
s.ii.l  notici  and  rules  shall  be  signed  by  the  person  or 
superintendent  baying  charm  of  the  mine,  who  shall 
designate  the  name  of  the  corporation  or  the  owner  of  the 
mine. 

Sic.  3.  Any  person  or  company  failing  to  <-arry  out 
anv  of  the  provisions  of  this  acl  shall  be  responsible  fo* 
all  damages  arising  to  or  incum  .1  by  any  person  working 
in  said    mini    during    the    time   of   such    failure. 

Sec.  4.     This  act  shall   tak<    effect   Immediately) 


621  MINKS    AND    MINING.  Act  2226,  §§  1-3 

ACT   2226. 

An   act   to   provide    for    the    appointment,    duties,    and    com- 
pensation   of    a    debris    commissioner,    and    to    make    an 
appropriation    to    be    expend)  '1    under    bis    directions    in 
tbe   discbarge  of  his  duties  as  sucb  commissioner. 
[Approved    March    24,    1893.     Stats.    1S93,    p.    339.] 
Amended    1897.    169;     1901,    2S4.    564.     Sec.    6   repealed    1901.    564. 

Section  1.  The  governor  of  the  state  of  California  shall, 
on  or  before  the  first  day  of  January,  one  thousand  nine 
hundred  and  two,  appoint  a  competent  civil  or  mining  en- 
gineer for  a  period  of  four  years  only,  to  be  known  as  and 
called  the  state  debris  commissioner.  [Amendment  ap- 
proved March  13,  1901.  Stats.  1901,  p.  284.  In  effect  im- 
mediately.] 

Sec.  2.  Said  commissioner  shall  receive  as  full  com- 
pensation for  his  services  an  annual  salary  of  six  hundred 
dollars,  payable  monthly  out  of  the  state  treasury  in  like 
manner  as  the  salary  of  other  state  officers,  and  his  neces- 
sary traveling  expenses  while  actually  engaged  in  the  dis- 
charge of  his  duties,  to  be  allowed  by  the  state  board  of 
examiners.  [Amendment  approved  March  23,  1901.  Stats. 
1901,  p.  564.     In  effect  immediately.] 

Sec.  3.  It  shall  be  the  duty  of  the  said  debris  commis- 
sioner to  consult  and  advise  with  the  members  of  the  corps 
of  engineers  of  the  United  States  army  comprising  the  Cali- 
fornia Debris  Commission  (created  by  act  of  congress,  ap- 
proved March  first,  eighteen  hundred  and  ninety-three),  in 
relation  to  the  construction  of  works  for  the  restraining 
and  impounding  of  debris  resulting  from  mining  opera- 
tions, natural  erosion,  or  other  causes;  and  it  shall  be  his 
duty  to  examine  such  works,  and  to  report  the  result  of 
such  examination  to  the  state  board  of  examiners.  Said 
debris  commissioner  is  further  authorized  and  directed  to 
consult  and  advise  with  said  "California  Debris  Commis- 
sion" in  relation  to  any  and  all  plans  and  specifications 
that  may  have  been,  or  may  hereafter  be  prepared  or  adopt- 
ed by  said  "California  Debris  Commission,"  for  the  con- 
struction of  such  restraining  or  impounding  works,  and 
said  debris  commissioner  shall  submit  a  copy  of  all  such 
plans  and  specifications  to  the  state  board  of  examiners 
for  their  examination  and  consideration,  together  with  his 
approval  or  disapproval  thereof,  or  other  recommendation 
with   reference   thereto. 


-C.  J  4  MlNKri    AND    MI.Ni.  M 

The  state  board   of  examiners  shall    thereupon 
examine    arnl    consider    the    plana    and    specifications    thus 
submitted    to   them,    and    in   that   behalf   may   require   the 

i    debris 
sioncr,  during  tin  ir  examination   and  ition   thereof. 

The  state  board   of  examiners  shall   k<  ■  p  a   record   of  their 
deliberations     and     shall     i  i t h>  r     an  rove 

said     jilans    and    spi  cifications,    which    approval    or    d 

proval    may    !•■  .  r. I ;    provnn  d, 

that    nu   plans   and    specifications   bavolvii  enditure 

on  the  part  of  the  stab  >rnia  of  B  'han 

the  appropriation  herein  mads  shall  be  appro\ 

If  said    plans   and   BpecificatJ  ed    by    the   state 

board    of    exami aei  Mioner    shall 

then  upon    r<jK»rt    such    action    to   said    "California    Debris 

<  'ominission. 

Whenever                I  alifornia    Debr      I  .ission"  or   the 

riuiii  nt   oi    i he    United  snd    into 
any  contract  for  the  eonstructioi 

ribed   in   this  act,   in   pu  :    plans                    ftca 

ttOBS    that     ha\  i ■     :•  I  pproi  I  d     by     I 

board  of  examiners  as  in  this  act  provided,  it  shall  then  be 

the   duty   of   the   debrit  irefully   inspect 

such    works    during    th<      pr.  construction    and 

to  keep  s  n  cord  ion  and  to  re 

port    the   same    monthly    to    the 

Said  debris  comm:  from   time  to  time,   dur- 

ing the  process  of   the  construct:  .\  h< .u   re- 

quested so  to    do   l>\    the  said   "<  alifornia    Debris   Con 
sion, ' '  draw   his   wan  ants   u ;  i  »ller   in    favor 

of    such    person    or    persons  by    said 

"California     Debris    Commission"     for    such     amounts     as 
shall  equal  one-half  of  the  cost  of  the  construction  of 
works;  and  said  debris  commissioner  shall,  in  like  manner, 
and    when    requested  so  to  do  by  said    "California   Debris 

Commission,"  draw  his  warrant  upon  the  state  controller 
for  an  amount  equal  to  one-half  the  purchase  price  of  any 
site  or  Bites  necessary  lor  the  construction  of  said  works; 
providi  d,  that  the  purchase  of  Buch  site  or  sites  shall  have 
been  first  approved  by  the  state  board  of  examiners;  anil 
provided  further,  that  do  warrant  shall  b< 
of  the  amount  appropriated  by  this  act.  [Amendment 
approved  March  17,  1897.  Stats.  1897,  p.  L69.  In  effect  im- 
mediately. ] 

Si,',    i.     Tin  re  is  hereby  appropriated  out   of   the  genera] 
fund     of     the    treasury     of    the    state    not    otherwise    appro- 


€23  MIXES   AND    MIXING.  Act  SIX,  §J  5-? 

nriatcd,  the  sum  of  two  hundred  and  fifty  thousand  dollars, 
to  be  used  in  the  construction  of  works  for  the  restraining 
and  impounding  of  debris  resulting  from  mining  operations, 
natural  erosion,  or  other  causes,  and  for  the  purchase  of 
sites  therefor.  The  appropriation  made  by  this  section  is 
intended  as  a  reappropriation  of  the  sum  of  two  hundred 
and  fifty  thousand  dollars  appropriati  d  by  the  act  entitled 
"An  act  to  provide  for  the  appointment,  duties,  and  compen- 
sation of  a  debris  commissioner,  and  tosmake  an  appropria- 
tion to  be  expended  under  his  directions  in  the  discharge 
of  his  duties  as  such  commissioner,"  approved  March 
twenty-fourth,  eighteen  hundred  and  ninety-three,  and  it  is 
expressly  intended  and  provided  by  this  act  that  the  state 
of  California  shall,  in  no  event,  incur  any  liability  here- 
under beyond  the  amount  of  the  appropriation  herein  made; 
and  no  contractor,  claimant,  or  person  shall  acquire  any 
right  or  obligation  against  the  state  of  California  beyond 
said  sum  so  appropriated  and  set  apart  for  the  purposes  here- 
inabove set  forth  and  it  is  expressly  declared  that  any  claim 
or  demand  against  the  state  of  California  in  excess  of  said 
appropriation  shall  be  invalid  and  void.  Said  moneys  shall 
be  paid  only  upon  orders  drawn  by  the  state  controller  upon 
the  written  request  of  said  debris  commissioner,  as  in  this 
act  provided.  [Amendment  approved  March  17,  1897.  Stats. 
1897,  p.   169.     In  effect  immediately.] 

Sec.  5.  The  term  of  office  of  said  debris  commissioner 
shall  be  four  years  from  the  date  of  his  appointment. 
He  shall  take  the  same  oath  of  office  as  is  provided  by  law 
for  other  state  officers,  and  before  entering  upon  the  dis- 
charge of  his  duties  shall  give  bond,  with  sufficient  sure- 
ties, to  be  approved  by  the  governor  of  the  state,  in  the 
sum  of  fifty  thousand  dollars,  for  the  faithful  discharge  of 
his    duties    as    such    officer. 

Sec.  6.  Eepealed.  [Act  approved  March  23,  1901. 
Stats.    1901,   p.   5G4.     In    effect   immediately.] 

Sec.  7.  All  expenditures  authorized  by  the  provisions 
of  this  act  shall  be  subject  to  the  approval  of  the  state 
board  of  examiners;  and  the  state  controller  is  hereby  au- 
thorized to  draw  his  warrant  for  all  expenditures  not  in 
excess  of  the  appropriation  herein  provided  for  so  approved 
by  the  state  board  of  examiners,  and  the  state  treasurer  ig 
hereby  directed  to  pay  the  same.  [Amendment  ap- 
proved March  17,  1897.  Statu.  1897,  p.  169.  In  effect 
immediately.] 


Aets '*:.•:  NP    MINING. 

ACT  2227. 

An  act   regulating   tin    sal<    of   minora]   lands   belonging  to 

th.    stiitc.     [s>  its.   L873-4,  766.] 

\n  ■  7.    488. 

'tis: 

2.     When   it  shall   lie  shown  by   affidavits'  or  nth.r 

wis.  .    tci    th.  i    the    sur  •  any 

portion   .>f  a  Hging   to 

tin'  ain able  for  its  mineral  deposits,  tin-   - 

not    n j » j i r- > v  •    any   application    to   |  n r- 

sum  .     nor    shall     t '•  r     of     th"     ^tat.-     lain!     olli.-r     ■ 

a  ci  'i    purclm  r.  until  th-'  question  of 

'•hii  the   land   ha-  been   referred    for   determination 

to   a    corn  mpetent    jurisdiction^   in    the    Banner    pro 

viih  ci    by   section   thirty-four   hundred   and    fourteen    of   tin 
Political  Oode,  an. I  adjudged  not   to  »..■  rateable  as  minim: 

la  ml. 

■  nth   ami    thirty  sixth    Becfions   ! 
ing  i.i  th.   <tit,,  i,,  which  then    may  be  found  valuable  min 
i-rai  are    hereby    declared    t..    be    free    ami    open 

tn    exploration,    occupation,    an.'    purchase    of    the    (United 
States,  under   the   laws,   rules,   ami    regulations    passed   ami 
riin.i    by    the    United   stat.s   for    the   sale   of   mineral 
lands. 

1.      This    ael    shall     t:il. ■  t'r.nn     and     after    it^ 

ge. 

ACT    . 

To  regulate  the  rights  of  owners  of  mines.     [Stats.  1^69 

This   act    c:iv.'   rights   of    way   to   miners   and    provided    a   means    t»y 
which   riirht.s   ..f   wn\    mil    places   of   i  .    be   obtained      it 

not    been    in    nrius    repealed,    but   as   county   courts   have   been   abolish.  •: 
It   la   probaSl)    not  In  force. 

ACT  2229. 

An    act    entitled    an    a<-t    relating   to    the    working,    rights'    of 

way.    eafleme&t,    am]    drainage    of    min.  s    in    the    st.v 

California. 

[Approved  March  31,  1891.     Stats.  1891,  p.  219.] 

Ce.1.    Ren.    Clt.     117, 

Section    1.      Whenever    any    mine    owner,    company,    i  i 
poration  shall   have    performed   tin    labor  ami   Blade   the  iin 


H5  MIXES    AND    MIXING.  Act  2229 

provem<  nts  required  by  law  for  the  location  and  ownership 
of  mining  claims  or  lodes,  such  owner,  company,  or  corpora- 
tion shill  filr  or  cause  to  be  filed,  within  thirty  days  after 
the  time  limited  for  performing  such  labor  or  making 
such  improvements,  with  the  county  recorder  of  deeds  of 
the  county  in  which  the  mine  or  claim  is  situated,  fan  affi- 
davit] particularly  describing  the  labor  performed  and  im- 
provements made,  and  the  value  thereof,  which  affidavit 
shall  be  prima  facie  evidence  of  the  facts  therein  stated. 
Upon  the  failure  of  any  claimant  or  mine  owner  to  comply 
with  the  conditions  of  this  act  in  the  performance  of  labor, 
or  making  of  improvements  upon  any  claim,  mine,  or  min- 
ing ground,  the  claim  or  mine  upon  which  such  failure  oc- 
curred shall  be  opened  to  relocation  in  the  same  manner 
as  if  no  location  of  the  same  had  ever  been  made.  But  if. 
previous  to  relocation,  the  original  locators,  their  heirs,  as- 
signs, or  legal  representatives,  resume  work  upon  such  claim, 
and  continue  the  same  with  reasonable  diligence  until  the 
required  amount  of  labor  has  been  performed  or  improve- 
ments made,  and  the  required  statement  of  accounts  and 
affidavits  filed  with  the  county  recorder,  then  the  claim 
shall  not  be  subject  to  relocation  because  of  previous  fail- 
ure to  file  accounts.  Upon  the  failure  of  any  one  of  the 
several  co-owners  to  contribute  his  portion  of  the  expendi- 
tures, required  hereby,  the  co-owners  who  have  performed 
the  labor  or  made  the  improvement  may,  at  the  expiration  of 
the  year,  give  such  delinquent  co-owner  personal  notice,  in 
writing,  or  by  publication  in  the  newspaper  published  near- 
est the  claim  for  at  least  once  a  week  for  ninety  days;  and 
if,  at  the  expiration  of  ninety  days  after  such  notice  in  writ- 
ing or  publication,  such  delinquent  shall  fail  or  refuse  to 
contribute  his  portion  of  the  expenditures  required  by  this 
section,  his  interest  in  the  claim  shall  become  the  property 
of  his  co-owners  who  made  the  required  expenditures.  A 
copy  of  such  notice,  together  with  an  affidavit  showing  per- 
sonal service  or  publication,  as  the  case  may  be,  of  such 
notice,  when  filed  or  recorded  with  the  recorder  of  deeds  of 
the  county  in  which  such  mining  claim  is  situated,  shall  be 
evidence  of  the  acquisition  of  title  of  such  co-owners. 
Vhere  a  person  or  company  has  or  may  run  a  tunnel  or  cuts 
for  the  purpose  and  in  good  faith  for  the  purpose  of  develop- 
ing a  lode,  lodes,  or  claims  owned  by  said  person  or  com- 
pany or  corporation,  the  money  so  expended  in  running 
said  tunnel  shall  be  taken  and  considered  as  expended  on 
said  lodes  or  claims;  provided,  further,  that  said  lode,  claim, 
Gen.  Laws — 40 


Arts  2V  MINING    CO R I "O RATIONS  «■ 

or  claims  shall  be  distinct!;-   marked   on    tbe  surface  as  pro- 
vided by  law. 

\!1   mining  locations  and    mining  claims  shall  be 
subject    '  >B    of    the    right    of    way    through    or 

-  any  mining  claims,  ditches,  roads,  canals,  cuts,  tunnels, 
and  oth(  r  r  the  put]  ■■    rking  other  mines; 

provided,   thai  ;    thereby   shall  be   as- 

d  and  paid  for  in  the  manner  provided  by  law  fur  land 
taken    for   public   DSC    under   the    right   of   eminent   domain. 

.  .   3.     This  act  shall   tak.    i  iT.-.-t    immediately. 


TITLE  306. 
MINING    «  ORPOBATIONR 

ACT  2231. 

Supplemental  to  act   for  formation  of  corporations.     [Stats. 

r,  p.  121.] 

Se<>  note  t"  act  RK.   I 

Thl«   act    related    '"   corporation*   formal   for   the    purpose   of  dltch- 
Inr.    mlnlnjr.    <>r   conveying    water    for    mining. 

ACT  2235. 

In    r>  f(  r   •    .     r  M    organised    to    mine    outside    of 

the  state.      [8tats.   1861,  p.  41.] 

Code,    ejci-pt  aa  to   pre  exist- 
ing   corporations.'"— Code    Colnnll•J^ll•n«.■^8•     Note.     Be*    act    02.    ante. 

ACT  2236. 

To  authorize  corporations  organized  in  this  state  for  the 
purpose  of  mining  in  or  without  this  state,  to  establish 
and   maintain    trai  in  other  states.      [Stats. 

su  Code,   sec*.    686,    B87. 

ACT  2237. 

Authorizing    mining   corporations   to   change    their  place   of 
business.      [Stats.    1863-4,  p.   76.] 
Sir," rscded    by   Bee.    321,    Civ.    Code,    enacted    1875-«. 

ACT  2238. 

Authorizing    mining   companies   of    Aurora,    Nevada)   to   re- 

move    their    plane    of    business    to    California.      [Stats. 

1803-4,  p.   109.] 


627  MISSING    PERSONS.  Acts  22^9-2246,  $  1 

ACT    2239. 

Mining  corporations,  projection  of  stockholders  in.  [Stats. 
1873-4,   p.   8G6.] 

Amended    1880.    134;     1897.    38. 

Codified  by  amendments  of  Civil  Code,  1905.  See  note  to  §  588. 
Civil    Code. 

This  act  appears  in  full  in  Civil  Code.  Appendix,  p.  749.  It  pro- 
vided that  the  honks  were  open  to  Inspection,  for  the  posting  or 
monthly   accounts,    and   gave  a   right   to   inspect   the  grounds. 

ACT   2240. 

Further   protection    of   stockholders    in    mining   corporations. 
[Stats,    1880,   p.    131.] 
Amended   1897.    96.     Repealed    1905.    74. 
"!al.    Rep.    Cit.     78.    633;     80,    312;     80,    558;     81,    363;     106,    551;     118,    137; 
127,    284;     127,    6S4;     144,    514;     144,    520;     146.    2.5. 
This   act    aDiears    in    full    in    Civil    Code,    Appendix,    p.    752.    It   re- 
lates  to  the  sale,   lease,  or  mortgage  of  mines. 

ACT    2241. 

Concerning    cor-"-":  ■     '   "  •   .     aet    of    April    22, 

1850.     [Stats.  1871-2,  p.  443.] 

Amended  lS7u-«.  t'JO.  L  ncuustitutional.  (Chullar  etc.  Co.  v.  Wit- 
son.   66  Cal.   374.) 

This  act  appears  in  full  in  Civil  Code,  Appendix,  p.  746.  It  pro- 
vided  for  the   removal   of  officers   of   mining   corporations. 


TITLE  307. 
MISSING    PEESONS. 
ACT  2246. 

An  act  authorizing  the   appointment  of  trustees  for  the  es- 
tates of  missing  persons,  and  defining  the  duties  of  such 
trustees. 
[Approved  March  23,  1893.     Stats.  1893,  p.  218.] 

Section  1.  That  whenever  any  resident  of  this  state 
has  been  or  may  hereafter  be  missing,  or  his  whereabouts 
unknown,  for  the  period  of  ninety  days,  and  any  such 
person  owns,  is  seised,  or  entitled  to  the  seisin  or  the 
possession  of  any  real  or  personal  property  in  this  state, 
and  it  is  represented  to  the  superior  court,  or  a  judge 
thereof,  of  any  county  in  which  such  person  owns  any  prop- 
erty, upon  verified  petition  of  the  wife  or  of  any  relative 
of  friend  of  such  person,  that  his  whereabouts  has  been 
unknown  for  such  period  of  time  and  is  still  unknown, 
and    that    his    estate    requires    the    attention,    supervision, 


Act  2246.  §§  2-5  MISSING    PERSONS.  828 

and  care  of  ownership,  it  shall  be  the  doty  of  such  court  to 
appoint  some  suitable  person  or  persons  to  take  charge  and 
possession  of  such  estate  as  trustee,  and  to  manage  and 
control   the   same  under  the   direction  of  said  court. 

Sec.  2.  That  in  appointing  such  truster  the  court  shall 
preferably  appoint  the  wife  of  such  missing  person  (if  any- 
such  there  be),  or  hei  nominee)  and  in  the  absence  of  a 
wife,  some  person  who  would  be  entitled  tQ  participate  in 
the  distribution  of  such  missing  person's  estate  were  he 
dead*  And  the  Court  shall  have  power  to  direct  such  trus- 
tee to  pay  to  the  person  or  constituting  the  i'amily 
of  such  missing  person  such  Bum  or  sums  of  money,  for 
family  expenses  and  support,  from  the  income  ,,i  gush  es- 
tate,   as    it    may    from    time    to    time    determine. 

Sec.  8.  That  the  bond  of  the  trustee  so  appointed  shall 
be  in  double  the  amount  of  the  estimated  annual  income  of 
such  estate;  provided,  that  where  such  missing  person  has 
a  wife  living  and  no  children,  and  thi  I  Buch  missing 

n    is   shown    to   he   solvent,   and    the   wife   applies   to   be 
appointed    trustee,   thi   court   shall   require   no   bond   of   her. 

Beat  4.  It  shall  be  the  duty  of  such  trustee  or  trust.,  s 
to  take  possession  of  all  the  real  and  personal  .state  in  this 
state  of  such  missing  p.-rson,  and  to  collect  and  rec.  ive 
the  rents,  income  and  profits  thereof;  to  Collect  all  indebt- 
edness owing  to  such  missing  person,  and  pay  the 
and  expenses  thereof  out  of  the  trust  fund,  and  to  pay 
such     in.c  -     of    such     missing     person     as    he     may     bl 

authorised   to  do  by   the   court   making  the   appointmenl   ol 

the  trustee;  and  he  shall  from  time  to  time,  as  he  may  be 
directed,  account  to  and  with  said  court  for  all  of  his  or 
their  acts  and  doings  as  trustee,  and  the  court  making  such 
appointment  may  at  any  time,  upon  the  application  of  any 
party  int.  rested,  and  upon  good  cause  shown  tin  n  for.  re- 
move any  trustee  which  it  may  so  appoint,  .and  appoint 
Borne  other  person  or  persons  trustee  or  trustees  in  his  or 
their  place  or  stead. 

Sec.  5.  Upon  presentation  of  the  verified  petition  men- 
tioned in  section  one,  the  court  or  judge  shall  order  the 
6ame  to  be  filed  with  the  clerk  of  the  court,  and  shall  ap- 
point a  time  for  the  hearing  of  said  petition,  not  less  than 
ten  days  from  the  date  of  said  order;  and  the  clerk  shall 
publish  notice  in  some  newspaper  published  in  said  county, 
stating  that  such  petition  will  be  heard  at  the  time  so  ap- 
pointed, in  the  courtroom  <>f  said  court,  Said  notice  shall 
be    published    for    five    days,    and    such    other    notice    of    said 


629  MOBS-MOt>6C    COUNT?.  Acts  2251-2263 

application  shall  be  given  in  such  manner  and  to  such  per- 
sons as  the  court  or  judge  may  direct.  All  orders,  judg- 
ments, and  decrees  made  in  proceedings  under  this  stat- 
ute may  be  entered  and  recorded  as  and  with  the  like  ef- 
fect as  other  orders,  judgments,  and  decrees  in  superior 
courts.  From  and  after  the  presentation  of  said  petition, 
and  until  decision  rendered  thereon,  the  wife  of  such  miss- 
ing person  shall  have  all  the  powers  of  a  trustee  duly  ap- 
pointed and  qualified  under  this  act,  and  shall  act  as  such 
trustee,   subject   to   the   direction   of   the   court. 

Sec.    6.     This    act    shall    be    in    force    from    and    after    its 
passage. 


TITLE  308. 

MOBS. 
ACT    2251. 

To    provide    for    the    compensation    of    parties    whose    prop- 
erty may  be  destroyed  by  mobs  or  riots.     [Stats.  1867-8, 
p.  418.] 
Superseded    by    Political    Code,    sees.    4452-4457. 


TITLE  309. 
MODESTO. 


ACT    2256. 


&  P.  Leavenworth  and  his  assigns,  granting  right  to  supply 
town  of  Modesto  with  water.      [Stats.   1875-6,  p.  41.J 


TITLE  310. 

MODOC    COUNTY. 
ACT   2261. 

Creating.      [Stats.    1873-4,    p.    124.] 

Supplemented   1873-4,    517.     See.    4   of   last-named   act    repealed   as   to 
Adln   township,    1877-8,    111. 

ACT  2262. 

Semi-annual    payment    of    interest    and    principal    on    bonds 
issued  to   Siskiyou  County.      [Stats.   1875-6,  p.   649.] 

ACT    2263. 
Lawful   and   partition   fences   in.     [Stats.    1873-4,   p.   362.] 
Amended    1875-6,    71. 


Acts  2264-2283  MOKELIMNE    HILl^MONEY.  CSo 

ACT  2264. 

Fees    and    salaries    of    officers    of.      [Stats.    1877-8,    p.    140.] 

Amended    I  Repealed    by    O.unty    Government    Act 

666.    sec.    208.   as   to  salaries;   and   as  to  fees   by  the   fee   bill   of   1896.    267. 
as   to   the   officers   therein    DM 

ACT  2265. 

Herding    of    sheep,    restriction    of.      [Stats.    1877-8,    p.    841.] 

ACT    2266. 

Treasurer   of   county,   bond   of.      | Stats.   1875-6,   p.    154. J 
Repealed   by   County   Uuvernim  nt    Act,    1S37.   476.   sec.    66. 


TITLE  311. 
MOKELUMNE   HILL. 
ACT    2271. 

Name   changed   to    Lodi.     [Stats.    1873-4,   p.   690.J 

ACT    2272. 

Defining  fire  limits  of,  and  providing  for  the  support  of  the 
lire     department    thereof.      [Stats.     1871-2,    p.    625.J 


TITLE  312. 
MOKELUMNE    RIVER. 
ACT  2277. 

To   declare    the   Mokelurane    River   navigable.     [Stats.    1880, 
p.  22.] 
Superseded  by  Political  Code.   sec.    2349. 


TITLE  313. 
MONEY. 

ACT   2282. 

In' relation  to  money  of  account  in  this  state.      [Stats.  1850, 
p.  459.] 
Superseded    by    Political    Co-ie,    s«rs.    3272-8274. 

ACT    2283. 

To   regulate   the    coining   of   money   by   individuals.     [Stats. 
1851,    p.    17*1.] 
Superseded   as   to  Its  p<=nnl   provisions  by  sec.   6  of  ths   Punal  Coda, 
and  probably   entirely   superseded. 


«50a  MONO    COUNTY— MONTEREY    CITY.       Acts  2284-2298 

ACT  2284. 

To    prohibit    any    person    or    persons,    association,    company 
or   corporation   from   exercising   the   privileges   of   bank- 
ing   or    creating   paper    to    circulate    as    money,      [Stats. 
1855,  p.  128.] 
Superseded   by  Penal   Code.   sec.   648. 


TITLE  314. 
MONO    COUNTY. 
ACT  2289. 

Assessor,    fixing    compensation    of.     [Stats.    1873-4,    p.    708.] 

Repealed   by    County    Government    Act,    1897,    570,    sec.    213. 
ACT  2290. 

Official  bonds  in.     [Stats.  1873-4,  p.  180.] 

Repealed  by  County    Government  Act,    1897,    475,    sec.   66. 
ACT  2291. 
To   provide  for  additional  judge   in.      [Stats.   1880,    p.    99.] 

Repealed  1883,   62. 

ACT  2292. 

Public  roads  in,  improvement  of.        [Stats.   1877-8,   p.   438.] 

Repealed  1883,   5,   chap.   X,   sec.   2,   and  by  Political   Code,   sees.   2642, 
2652. 

ACT  2293. 

Stallions  running  at  large,   act   to   prevent.      [Stat3.    1873-4, 

p.  228.] 

Codified    by   amendment   of   Penal    Code,    1905.     See   note    to    §    597c, 
Penal  Code. 

ACT  2294. 

Teachers  in,  employment  of.     [Stats.  1873-4,  509.] 
Probably    repealed    in    Political    Code,    sec.    16^6,    as    amended    1S9:;, 


TITLE  315. 
MONTEREY  CITY. 
ACT  2298. 

An  act  to  provide  for  the  acquisition  of  the  old  mission  at 
Sonoma,  of  Fort  Boss  property,  of  the  landing  place  at 


Acta  2298,  2299  ITT.  &»b 

Monterey  of  Junipi  ro  S(  ra,  and  the  old  theater  prop- 
erty at  Monterey,  and  providing  foT  tin  tion, 
maintenance,  probsctton  and  improvement  prop- 
er! i 

[Approved    F<  bruary  21  5,   p   17.1 

>n   1.     Tin'   Board  of  3  '  it   "Trustees,  creat  A 

and  existing  under  an  ad  entitled  "An  act  to  provide  foT 
the  appointment  of  a  Board  of  Sutter's  Port  Trustees,  and 
the  acquisition  of  the  Suttei  Fort  property,  and  providing 
for  ;m  appropriation  for  the  preservation,  protection  and 
improvement  of  said  prdpeTl  roved    March    '■    ' 

are   hereby  authorial  d  to  receive  and  a pt    from  William 

ft&ndorph   Hearst,  I  I  the  Landmarks  Fund.  without 

COSl    to   the   state,   tin-   p  Uttt   to    the   old    mission 

at    Bonoma    and    Fori     BOSS    in    the    nmntv    of   Sonoma. 

Sec.  2.  The  said  Board  of  Sntt.r's  Fort  Trustees  shall 
provide   for   tin    preservation,   maintenana  'ion    and 

Improvement  of  the  property  hereinbefore  described,  in  Bucfa 

way  and  manner  as  in  their  judgment  may  -''iii  best  and 
propi  r. 

Bee.  •'■■     The   Board  of   ''  top    House  Trustees 

created  and  existing  under  an  act  entitle. I  "An  act  to  pro- 

\'<]e  for  the  appoint  no  nt  of  a  Board  of  Mo' 
Bouse  Trustees  and  for  the  acquisition  and  control  of  the 
Monterey  custom  boost  property,  and  providing  for  an  ap- 
propriation for  tin-  preservation,  protection  and  impn 
ment  of  said  property,"  approved  March  16,  LdOl,  are 
hereby  authorized  to  rec<  ive  and  acc<  pt  from  William  Ran- 
dolph Hearst,  trustee  of  tin  l,-indi!Virk>i  Fund,  without  cost 
to  the  state,  possession  ami  title  to  the  landing  place  at 
t,rev  of  .lunipero  Si  ra.  in  the  county  of  Monterey,  and 
old  theater  property  at  Monti  rev,  in  the  county  of  Mon- 
terey. 

Bee  4.  The  said  Board  of  Monterey  Custom  House  Trus- 
tees shall  provide  for  the  preservation,  maintenance,  pro- 
tection and  improvement  of  the  pro  pi  rt  v  last  before  de- 
scribed, in  Buch  way  and  manner  as  in  their  judgment  may 
seem  best  and  propi  r. 

Bee  5.      This  act  shall   take   efB  ct  immediately. 

ACT   2299. 

To  incorporate  the  city  of  Monterey.      [Stats.    1So3,   p.    1  .">n.  ] 
Amen.'c.l    lK.'.T.    56;     L862,    271.      1865,    834.     Ri 
Supp.    Cal.    Rep.    Clt.     139.    545;     113.    046.     13a.    547;     139,    557;     139,    55». 


€31  MONTEREY    COUNTY.  Acts  2300-23X2 

ACT  2300. 

To   grant   to    the   city   of   Monterey    the    title    to    the   water 
front  of  said  city  in  the  bay  of  Monterey.     Stats.  1867- 
8,  p.  202.] 
Amended   1903,    290. 


TITLE  316. 
MONTEKEY  COUNTY. 
ACT  2306. 

Courthouse  and  jail,  erection  of.  [Stats.  1877-8,  p.  28.] 
Amended    1877-8,    1034 

ACT  2307. 

Transfer  of  money  from  one  fund  to  another.     [Stats.  1875- 
6,  p.  595.] 

Superseded  by  subd.   18,   sec.   25,    County  Government   Act,   1897,    463. 
This   act   authorized   the    transfer   of   money   from   the   swamp   land 
fund   to  the  general   fund. 

ACT  2308. 

Concerning  roads  and  highways  in.     [Stats.  1877-8,  p.  998.] 

Repealed  1SS3,  5,  chap.  X,  sec.  2,  and  by  the  County  Government 
Acts. 

ACT  2309. 

Eepealing  the  act  of  1868  relating  to  roads  in  Monterey 
and  making  the  provisions  of  the  codes,  respecting 
roads  and  highways  applicable.      [Stats.   1873-4,  307.] 

ACT  2310. 

Authorizing  the   appointment  of   two   additional   notaries  in 
Monterey   County.      [Stats.  1871-2,  p.   792.] 
Repealed   by    Political    Code,    sec.   791. 

ACT  2311. 

In   relation   to   officers   of,   their   fees   and   salaries.      [Stats. 
1877-8,  p.  863.] 

"Repealed,  except  as  to  county  surveyor,  by  fee  bill  of  1895,  267. 
and  the  County  Government  Act,  1897,  526,  sec.  175.  The  provisions  re- 
lating to  the  salary  of  recorder  never  went  into  effect.  See  Speegle 
v.    Joy,    60   Cal.    278." — Code   Commissioners'    Note. 

ACT  2312. 

To  legalize  and  make    valid    copies    of    certain    records    of. 
[Stats.   1877-8,   p.   736.] 


Vets  2313-233"    MONTEREY    CUSTOM     HOUSE— MORTGAGES.  632 

ACT  2313. 

Fees  of  sheriffs  of.     [Stats.  1871-2,  p.  419.] 
Repealed   by    County    Government   Act,    1897,    526,    sec.    175. 

ACT  2314. 

Fixing    salary    of    superintendent    of    common    schools    of. 
[Stats.   1871-2,  p.  316.] 
Repealed    by    County    Government   Act,    1897.    526,    sec.    173. 

ACT   2315. 

Supervisoral  districts,  reorganizing.     [Stats.   1873-4,  p.  203.] 
Amended    1873-4.   432.     Superseded   by   County   Government   Act.    UflfJ, 
452. 

ACT  2316. 

Supervisors,  terms  of.     [Stats.   1875-6,  p.   124.] 

Amended    1877-8,    326.     Repealed    by    County    Government    Act,    1897. 
452. 


TITLE  317. 

MONTEREY  CUSTOM  HOUSE. 

ACT  2320. 

To  provide  for  the  appointment  of  a  board  of  Monterey 
custom  house  trustees  and  for  the  acquisition  of  the 
control  of  the  Monterey  custom  house  property,  and 
providing  for  an  appropriation  for  the  preservation, 
protection,  and  improvement  of  said  property.  [Ap- 
proved  March   16,   1901.     Stats.    1901,   p.   516.] 


TITLE  318. 
MORO  COJO  SLOUGH. 
ACT  2325. 

Declared  navigable.      [Stats.   1873-4,   p.   790.] 
Repealed   by   Political   Code,   sec.    2349,   as  amended  1891. 


TITLE  319. 

MORTGAGES. 
ACT  2330. 

To  abolish  attorney's  fees  and  other  charges  in  foreclosure. 
[Stats.  1873-4,   p.   707.] 

This   act  can  be  found   in   the   Appendix   to  the   Code  of   Civil   Pro- 
cedure,   p.    780. 


C32a  MOTORCYCLES.  Act  2331,  §§  1.  2 

TITLE  319a. 
MOTORCYCLES. 
ACT  2331. 

An  act  to  regulate  the  operation  of  motor  vehicles  on  public 
highways,  and  making  an  appropriation  for  the  purpose 
of  carrying  out  the  objects  of  this  act. 

[Approved  March  22,  1905.     Stats.  1905,  p.  816.] 

Section  1.  Subdivision  1.  The  words  and  phrases  used 
in  this  act  shall,  for  the  purposes  of  this  act,  unless  the  same 
be  contrary  to  or  inconsistent  with  the  context,  be  con- 
strued as  follows:  (1)  "motor  vehicle"  shall  inchule  all 
vehicles  propelled  by  any  power  other  than  muscular  power, 
provided  that  nothing  herein  contained  shall,  except  the  pro- 
visions of  subdivisions  three,  four  and  five  of  section  three 
and  subdivision  one  of  section  four  of  this  act,  apply  to 
motorcycles,  motor  bicycles,  traction  engines  or  road  roll- 
ers; (2)  "public  highways"  shall  include  any  highway, 
county  road,  state  road,  public  street,  avenue,  alley,  park, 
parkway,  driveway  or  public  place  in  any  county,  or  incor- 
porated city  and  county,  city  or  town;  (3)  "closely  built 
up ' '  shall  mean  (a)  the  territory  of  any  county  or  incor- 
porated city  and  county,  city  or  town  contiguous  to  a  pub- 
lic highway  which  is  at  that  point  built  up  with  structures 
devoted  to  business,  (b)  the  territory  of  any  county  or  in- 
corporated city  and  county,  city  or  town  contiguous  to  a 
public  highway  not  devoted  to  business,  where  for  not  less 
than  one  quarter  of  a  mile  the  dwelling-houses  on  such 
highway  average  less  than  one  hundred  feet  apart,  provided 
that  the  local  authorities  having  charge  of  such  highway 
shall  have  placed  conspicuously  thereon  at  both  ends  of  such 
closely  built  up  seetion  signs  of  sufficient  size  to  be  easily 
readable  by  a  person  using  the  highway,  bearing  the  words 

"Slow  down  to  miles,"   inserting   in  the   blank  space 

the  number  of  miles  to  which  the  speed  is  to  be  reduced, 
and  also  an  arrow  pointing  in  the  direction  where  the  speed 
is  to  be  reduced;  (4)  "local  authorities"  shall  include  all 
boards  of  supervisors,  trustees  or  councils,  committees  and 
other  public  officials  of  counties,  or  incorporated  cities  and 
counties,  cities  or  towns;  (5)  "chauffeur"  shall  mean  any 
person  operating  a  motor  vehicle  as  mechanic,  employee  or 
for  hire. 

See.  2.  Subdivision  1.  Every  person  hereafter  acquiring 
a  motor  vehicle  shall,  for  every  vehicle  owned  by  him,  file 


Act  2331.  §  2  MOTORCY'  •'■ ::.  > 

in  the  office  of  the  secretary  of  statement    of    his 

name  and  address,  with  a  brief  dCBM iption  of  the  vehicle 
t  be  registered  including  the  name  of  the  maker,  faetorv 
number,  style  of  vehicle  and  motor  power  ou  a  blank  to  be 
prepared  and  furnished  by  such  secretary  of  state  for  that 
purpose;   the   filing  fee  shall  be   two   dollars. 

Subdivision  2.  The  secretary  of  state  shall  thereupon  file 
such  Statement  in  his  office,  register  such  motor  vehicle  in  a 
book  or  index  to  be  kept  for  that  purpose,  and  assign  it  a 
distinctive  numb,  r. 

Subdivision  B.  The  secretary  of  state  shall  forthwith  on 
sueh    registration,    and    without   other    fee,  I    deliver 

to  the  owner  of  sueh  motor  vehicle  a  seal  of  aluminum  or 
other  suitable  metal,  which  shall  be  eireular  in  form  ap- 
proximately    two     in. dies     in     diameter,     and     have     stamped 

thereon   the    words   "Registered   motdi  .    No.  . 

state  of  California,"  with  the  registration  Dumber  inserted 
therein;  which  seal  shall  1 1 1  •  r  •  1 1 T .  r  at  all  times  be  con- 
spicuously displayed  on  the  motor  vehicle,  to  which  sueh 
number  has  bi  rd. 

Subdivision  4.  If  the  Vehicle  has  been  previouslv 
f.-n  d.  the  oriili  at.  issu.il  tin  reon  shall  be  returned  to  the 
secretary  of  state  and  in  lieu  thereof  such  Secretary  shall 
issue  to  said  OWUer  a  registration  seal  containing  the  num- 
ber of  such  previous  registration  upon  payment  of  a  fee  Of 
One  dollar.  I'pon  the  sale  of  a  motor  vehicle,  the  vendor", 
exc.pt  a  manufacturer  or  <b  all  r,  shall  within  ten  days.  r. 
turn  to  the  secretary  of  state  the  registration  seal  affixed  to 
such    vehicle. 

Subdivision  f>.  Kvery  motor  vehicle  shall  also  at  all  tiims 
have  the  nun  t  '   '  ■  it  displayed  on  the  back  of  such 

vehicle  in  such  manner  as  to  be  plainly  visible,  the  num- 
bers to  be  in  arabic  numerals,  black  on  whit.  and, 
b  not  less  than  thn  -  in  height,  and  each  Stroke 
f..  b.  ..f  a  width  not  less  than  half  an  inch,  and  also  as  a 
part  of  such  number  the  abbreviated  name  m  .  in 
bla.k  on  white  ground,  such  letters  to  be  not  less  than  one 
inch    in   height. 

Subdivision  C.  A  manufacturer  of  or  a  dealer,  in  motor 
vehicles  shall  register  one  v.  hi.de  of  each  style  or  type 
manufactured  or  dealt  in  by  him,  and  be  entitled  to  as 
many  duplicate  registration  seals  for  each  type  or  style  so 
manufactured  or  dealt  in  as  he  may  desire  on  payment  of 
an    additional   fee  of  fifty   cents    for  each   dupli  If 


632c  MOTORCYCLES.  Aet  2331,  §  i 

a  registration  seal  and  the  corresponding  number  shall  there- 
after be  affixed  to  and  displayed  on  every  vehicle  of  such 
type  or  style  as  in  this  section  provided,  while  such  vehicle 
is  being  operated  on  the  public  highways;  it  shall  be 
deemed  a  sufficient  compliance  with  subdivisions  one, 
three,  five  and  eight  of  this  section,  until  such  verdict  shall 
be  sold  or  let  for  hire.  Nothing  in  this  subdivision  shall 
be  construed  to  apply  to  a  motor  vehicle  employed  by  a 
manufacturer  or   dealer  for  private   use   or   for   hire. 

Subdivision  7.  No  motor  vehicle  shall  be  used  or  operated 
upon  the  public  highways  after  thirty  days  after  this  act 
takes  effect  which  shall  display  thereon  a  registration  seal 
or  number  belonging  to  any  other  vehicle,  or  a  fictitious  reg- 
istration  seal   or   number. 

Subdivision  8.  No  motor  vehicle  shall  be  used  or  operated 
on  the  public  highways  after  thirty  days  after  this  act  takes 
effect,  unless  the  owner  shall  have  complied  in  all  respects 
with  this  section,  except  that  any  person  purchasing  a  mo- 
tor vehicle  from  a  manufacturer,  dealer  or  other  person  after 
this  act  goes  into  effect  shall  be  allowed  to  operate  such 
motor  vehicle  upon  the  public  highways  for  a  period  of  five 
days  after  the  purchase  and  delivery  thereof,  provided  that 
during  such  period  such  motor  vehicle  shall  bear  the  reg- 
istration number  and  seal  of  the  previous  owner  under  which 
it  was  operated  or  might  have  been  operated  by  him. 

Subdivision  9.  The  provisions  of  this  section  shall  not 
apply  to  motor  vehicles  owned  by  non-residents  of  this  state 
and  only  temporarily  within  this  state,  provided  the  owners 
thereof  have  complied  with  any  law  requiring  the  registra- 
tion of  owners  of  motor  vehicles  in  force  in  the  state,  terri- 
tory or  federal  district  of  their  residence,  and  the  registra- 
tion number  showing  the  initial  of  such  state,  territory  or 
federal  district  shall  be  displayed  on  such  vehicle  substan- 
tially as  in  this  section  provided. 

Sec.  3.  Subdivision  1.  No  person  shall  operate  a  motor 
vehicle  on  a  public  highway  at  a  rate  of  speed  greater  than 
is  reasonable  and  proper,  having  regard  to  the  traffic  and 
use  of  the  highway,  or  so  as  to  endanger  the  life  or  limb 
of  any  person,  or  the  safety  of  any  property;  or  in  any 
event  on  any  public  highway  where  the  territory  contiguous 
thereto  is  closely  built  up,  at  a  greater  rate  than  one  mile 
in  six  minutes,  or  elsewhere  in  any  incorporated  city  and 
county,  city  or  town"  at  a  greater  rate  than  one  mile  in  four 
minutes,   or  elsewhere  outside  of  any  incorporated  city  and 


Act  2331,  J  3  MOTORCYCLES.  «3M 

county,  city  or  town,  at  a  greater  rate  than  one  mile  in 
three  minutes;  subject,  however,  to  the  other  provisions  of 
this  act. 

Subdivision  2.  Upon  approaching  a  bridge,  dam,  sharp 
curve,  or  steep  descent,  and  also  in  traversing  such  bri 
dam,  curve  or  descent,  a  person  operating  a  motor  vehicle 
shall  have  it  under  control  and  operate  it  at  a  rate  of  speed 
not  exceeding  one  mil<'  in  fifteen  minutca,  and  upon  ap- 
proaching  a  crossing  of  intersecting  highways  at  a  speed  not 
greater  than  is  reasonable  and  proper,  having  regard  to  the 
traffic  then  on  such  highway  and  the  safety  of  the  public. 

Subdivision  3.  T'jmn  approaching  a  person  walking  in  the 
roadway  of  a  public  highway,  or  a  horse  or  horses,  or  other 
draft  animals.  > . •  ing  ridden,  led  or  driven  thereon,  n  person 
rating  a  motor  vehicle  shall  give  reasonable  warning  of 
its  approach,  and  asi  every  reasonable  precaution  to  insure 
the  s.iti  ty  of  such  person  or  animal,  and,  in  the  case  of 
horses  or  other  draft  animals,  to  prevent  frightening  the 
same. 

Subdivision  4.  A  person  operating  a  motor  vehicle  shall, 
at  request  or  on  sjgnal  by  putting  up  the  hand,  from  a  per- 
son   riding,    leading   or   driving   a    restive    horse    or    horses,   or 

other  draft  animals,  bring  such  motor  vehicle  immediately 

to  a  stop,  rind,  if  traveling  in  the  opposite  direction,  remain 
stationary  so  long  as  may  be  reasonable  to  allow  such  horse 
or  animal  to  pass.  and.  if  traveling  in  the  same  direction. 
use  reasonable  caution  in  thereafter  passing  such  horse  or 
animal;  provided  that,  in  case  such  horse  or  animal  appears 
badly  frightened  or  the  person  operating  such  motor  vehicle 
is  requested  to  do  so,  such  person  shall  cause  the  motor  of 
such  vehicle  to  cease  running  so  long  as  shall  be  reasonably 
iry  to  prevent  accident  and  insure  safety  to  others. 

Subdivision  5.  In  case  of  accident  to  a  person  or  prop- 
erty on  the  public  highway,  due  to  the  operation  thereon 
oi  a  motor  vehicle,  the  person  operating  such  vehicle  shall 
stop,  and,  upon  request  of  a  person  injured,  or  any  person 
present,  give  such  person  his  name  and  address,  and,  if  not 
the  owner,  the   name   and   address  of  such   owner. 

Subdivision  G.  Local  authorities  may,  notwithstanding 
the  other  provisions  of  this  section,  set  aside  for  a  given 
time  a  specified  public  highway  for  speed  tests  or  races,  to 
be  conducted  under  proper  restrictions  for  the  safety  of  the 
public. 


6S2«  MOTORCYCLES.  Act  2331,  5  I 

Sec.  4.  Subdivision  1.  "Whenever  a  person  operating  a 
motor  vehicle  shall  meet  on  a  public  highway  any  other 
person  riding  or  driving  a  horse  or  horses  or  other  draft  an- 
imals, or  any  other  vehicles,  the  person  so  operating  such 
motor  vehicle  shall  reasonably  turn  the  same  to  the  right  of 
the  center  of  such  highway  so  as  to  pass  without  interfer- 
ence. Any  such  person  so  operating  a  motor  vehicle, 
shall,  on  overtaking  any  such  horse,  draft  animal  or  other 
vehicle,  pass  on  the  left  side  thereof,  and  the  rider  or  driver 
of  such  horse,  draft  animal  or  other  vehicle  shall,  as  soon 
as  practicable,  turn  to  the  right  so  as  to  allow  free  passage 
on  the  left.  Any  such  person  so  operating  a  motor  vehicle 
shall  at  the  intersection  of  public  highways,  keep  to  the 
right  of  the  intersection  of  the  centers  of  such  highways 
when  turning  to  the  right  and  pass  to  the  right  of  such  in- 
tersection when  turning  to  the  left.  Nothing  in  this  subdi- 
vision shall,  however,  be  construed  as  limiting  the  meaning 
jr  effect  of  the  provisions  of  section  three  of  this  act. 

Subdivision  2.  Every  motor  vehicle,  while  in  use  on  a 
public  highway  shall  be  provided  with  good  and  efficient 
brakes,  and  also  with  suitable  bell,  horn  or  other  signal, 
and  be  so  constructed  as  to  exhibit,  during  the  period  from 
one  hour  after  sunset  to  one  hour  before  sunrise,  two  lamps 
showing  white  lights  visible  within  a  reasonable  distance 
in  the  direction  towards  which  such  vehicle  is  proceeding, 
showing  the  registered  number  of  the  vehicle  in  separate 
arabic  numerals,  not  less  than  one  inch  in  height  and  each 
stroke  to  be  not  less  than  one  quarter  of  an  inch  in  width, 
and  also   a  red  light  visible  in  the  reverse  direction. 

Subdivision  3.  Subject  to  the  provisions  of  this  act,  local 
authorities  shall  have  no  power  to  pass,  enforce  or  maintain 
any  ordinance,  rule  or  regulation  requiring  of  any  owner  or 
operator  of  a  motor  vehicle  any  license  or  permit  to  use  the 
public  highways,  or  excluding  or  prohibiting  any  motor  ve- 
hicle whose  owner  has  complied  with  section  two  of  this  act 
from  the  free  use  of  such  highways,  except  such  driveway, 
speedway  or  road  as  has  been  or  may  be  expressly  set  apart 
by  law  for  the  exclusive  use  of  horses  and  light  carriages, 
or  except  as  herein  provided,  in  any  way  affecting  the  regis- 
tration or  numbering  of  motor  vehicles  or  prescribing  a 
slower  rate  of  speed  than  herein  specified  at  which  such 
vehicles  may  be  operated,  or  the  use  of  public  highways,  con- 
trary or  inconsistent  with  the  provisions  of  this  act;  and  all 
such  ordinances,  rules  or  regulations  now  in  force  are  hereby 
declared  to  be  of  no   validity  or  effect;   provided,  however, 


1.   §  J  MOTORCY*  63» 

that  the  local  authorities  of  incorpon  and  counties, 

citi's  and  towns  may  limit  by  ordinance,  rnlr  or  regulation 
hereafter  adopted  1 1 » «  speed  af  motor  vehicles  on  tin-  pubjic 
highways,  on  condition  thai  such  ordinance,  mis  01  regnta- 

tion    shall    also    fix    tin  fctd    limitation    for    all    otlur 

vehicles,  Buch  speed  limitation  not  to  b*   in  any  aaee  less  than 

one   mile   in   six    minutes   and   on    further   condition    that   such 

incorporated  <-i ty  and  county,  city  or  town  shall  also  have 
placed  conspicuously  on  each  main  public  highway  whew  Mw 
boundary    of   such    municipality  '  ■"•     SUM     and     on 

every  main  highway  where  the  rate  of  speed  changes,  signs 
be  easily  readable  by  s  person  aging  the 

highway,  bearing  th<    words  "slowdown  to  mi 

being  inserted,)  and  also  an  arrow  pointing  in  the 
direction  where  th<    speed    -  I  or  changed,  and 

also  on  further  condition  that  such  ordinance,  rule  or  regu- 
lation  shall    fix    tin     penalties   for   violation    thereof   similar   to 

and  Tin  greater  than  those  axed  by  such  local  authorities  for 
violation   of  Bpeed   limitation   by    any    otlor    vehicles    than 
motor  vehicles,  which  penalties  shall  during  th< 
the   ordinance,   nil-    or   regulation   supersede    I  ifled 

in  s.i-tion  ^i\  of  this  act,  and  provided  further  that  nothing 
in  this  a«-t  contained  shall  b<  |  |S   limiting  the  power 

of   local    authorities    to    mat.'  and    maintain    furtlnr 

ordinances,  rules  ir  regulations  affecting  motor  vehicles 
which  an    offered  to  the  public  for  hire. 

Subdivision  4-  pOCaJ  authorities  may,  notwithstanding 
the    provisions  of   this  act.   make,   i  oforce   and    maintain    smdi 

lonable    ordinances,   rules  or   regulations   ooncerning   the 

speed   at   which    motor   vehicles   may   I p<  rated   in   any    ;>ul>- 

1  if    park    or    parkways,    hut    in    that    event,    must    b«    si^iis    at 

each  i  ntrance  of  such  park  ami  along  such  parkways,  con- 
spicuously indicate  the  rate  of  spe.  d  permitted  or  required, 
and  may  exclude  motor  vehicles  from  any  c  nn  t<  ry  or 
grounds   used   for   burial   of   the    dead. 

Subdivision  5.  .Nothing  in  this  act  shall  be  construed  to 
curtail  or  abridge  the  right  of  any  person,  to  prosecute  a 
civil  suit  for  damagi  a  by  reason  of  injuries  to  person  or 
property  resulting  from  the  negligent  use  of  the  highways 
by  a   motor   vehicle  or     ts  owner  or   his   employ. .•  or  agent- 

5.  Subdivisien  1.  Every  person  hereafter  desiring 
to  operate  a  motor  vehicle  as  a  ehauffuer  shall  file  in  the 
Office  of  the  secretary  of  state  ,  on  a  Idank  to  he  supplied 
by   such   secretary,     a     stah ■nu  at     which     shall     include     his 


diig  MOTORCYCLES.  Act  2331.  J  « 

name  and  address  and  the  trade  name  and  motive  power 
of  the  motor  vehicle  or  vehicles  he  is  able  to  operate,  and 
shall  pay  a  registration  fee  of  two  dollars. 

Subdivision  2.  The  secretary  of  state  shall  thereupon 
file  such  statement  in  his  office,  register  such  chauffeur  in 
a  book  or  index  to  be  kept  for  that  purpose,  and  assign  him 
a  number. 

Subdivision  3.  The  secretary  of  state  shall  forthwith,  up- 
on such  registration  and  without  other  fee,  insure  and  de- 
liver to  such  chauffeur  a  badge  of  aluminum  or  other  suit- 
able metal  which  shall  be  oval  in  form,  and  the  greater  di- 
ameter of  which  shall  not  be  more  than  two  inches,  and 
such  badge  shall  have  stamped  thereon  the  words:  "Reg- 
istered chauffeur,  No.  ,    State    of    California,"    with 

the  registration  number  inserted  therein;  which  badge  shall 
thereafter  be  worn  by  such  chauffeur  pinned  upon  his  cloth- 
ing in  a  conspicuous  place  at  all  tines  while  he  is  operat- 
ing a  motor  vehicle  upon  the  public  highways. 

Subdivision  4.  i\ro  chauffeur,  having  registered  as  herein 
provided,  shall  voluntarily  permit  any  other  person  to  wear 
his  badge,  nor  shall  any  person  while  operating  a  motor  ve- 
hicle wear  any  badge  belonging  to  another  person,  or  a  fic- 
titious badge. 

Subdivision  5.  No  person  shall  operate  a  motor  vehicle  as 
a  chauffeur  upon  the  public  highways  after  thirty  days  after 
this  act  takes  effect,  unless  such  person  shall  have  complied 
in  all  respects  with  the  requirements  of  this  section. 

Sec.  6.  Subdivision  1.  The  violation  of  any  of  the  pro- 
visions of  this  act  by  any  owner,  chauffeur  or  operator  of 
any  motor  vehicle,  shall  be  deemed  a  misdemeanor,  punish- 
able, upon  conviction  thereof,  by  a  fine  not  exceeding  one 
hundred  dollars  for  the  first  offense,  and  punishable  by  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  one  hun- 
dred dollars,  or  imprisonment  not  exceeding  thirty  days,  or 
both  for  a  second  offense,  and  punishable  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  two  hundred 
and  fifty  dollars  and  imprisonment  not  exceeding  thirty 
days  for   a   third  or   subsequent   offense. 

Subdivision  2.  In  case  the  owner  of  a  motor  vehicle 
shall  be  taken  into  custody  because  of  a  violation  of  any 
provision  of  this  act,  he  shall  be  forthwith  taken  before  the 
nearest  justice  of  the  peace,  or  police  judge  or  court,  and 
be   entitled  to   an   immediate   hearing;    and   if   such   hearing 


Act  2331,  §§  7.  8  MOTORCYCLES.  Ktr\ 

cannot  then  bo  had,  be  released  from  custody  on  giving  his 
personal  undertaking  to  appear  and  anawer  for  such  viola- 
tion, at  sni'li  time  and  |  ihaU  then  l>e  ordered,  seeared 
by  the  deposit  of  a  sum  equal  to  the  maximum  fine  for  the 
offense  with  which  he  i>  charged,  or  in  lieu  thereof,  by  leav- 
ing the  motor  vehicle  owned  by  such  person,  with  such  jus- 
tice of  the  peace,  police  judge  or  clerk  of  such  police  court, 
or,  in  case  such  justice  of  the  peace  or  police  judge  is  not 
forthwith  released  from  Custody  on  giving  his 
name  and  address  to  the  officer  making  such  arrest,  and  de- 
ling with  such  officer  a  sum  equal  to  the  maximum  fine 
for  the  offense  for  which  such  am  <t  is  made,  or  in  lieu 
thereof,  by  leaving  the  motor  vehicle  owned  by  such  per- 
son, with  such  offlci  r.  provided,  that  in  such  case  the  officer 
making   such   arresl    shall   gi^  Lpt   in    writing  for  such 

sum  or  vi  hide  and  l>\  meat  on  such  receipt  notify 

such  person  to  appear  before  the  nearest  justice  of  the  ] 
or  police  judge  or  C<  lirt,  on  the  following  day.  naming  him 
or  it  and  specifying  the  place  or  hour.  In  case  security  shall 
be  deposited,  as  in  this  subdivision  provided,  it  shall  be  re- 
turned to  the  person  depositing  forthwith  on  such  person 
being  admitted  to  bail,  on  the  surrender  of  any  receipt  or 
other  voucher  given  at  the  time  of  SBCb  deposit.  If  such 
person  shall  fail  to  appear  before  the  magistrate  or  court  at 
tlo  time  ordered  or  specified,  the  amount  deposited  by  him 
may  lie  declared  forfeited  and  disposed  of  as  money  depos- 
ited for  bail  in  other  cases,  or  the  motor  which  may  be  80 
letf  by  him  may  be  sold  at  public  auction  by  order  of  the 
justice  of  the  peace,  or  police  judge  or  court,  and  from  the 
amount  realized  upon  such  sale,  a  sum  equal  to  the  maxi- 
mum fine  for  the  offense  charged  shall  be  disposed  of  in 
like  manner,  and  the  surplus,  if  any,  after  d<  ducting  all 
expenses  incurred  in  keeping  or  sale  of  such  motor  vehicle 
be  n  turned  to  such  owner  on  demand,  but  no  such  tor- 
feiture  and  disposition  of  such  security  shall  in  any  wise 
impair  the  jurisdiction  of  such  justice  of  the  peace,  police 
judge  or  court  to  hear  and  determine  any  such  charge 
made  against  such  own  r,  or  to  inflict,  upon  conviction  thi  H 
of,   any   punishment   prescribed   by   this   act. 

Sec.  7.     The  amount  of  fees  received  by  the  secretary  of 

state,   as   in   this  act   provided,  shall  be  paid  into   the   state 
treasury,  to  be  paid  into  the  general  fund  of  the  state. 

S.  .-.    S.     There   is   hereby  appropriated   out   of   any    money 
in   the   state   treasury   not   otherwise   appropriated,    the    sum 


5321  MUNICIPAL    CORPORATIONS.  Act  2338 

of  twenty  thousand  dollars  ($20,000.00),  for  the  purpose  of 
carrying  out  the  objects  of  this  act,  to  be  used  by  the 
secretary  of  state  in  the  employment  of  the  necessary  clerk 
or  clerks;  the  purchase  of  the  necessary  stationery,  books, 
and  postage;  for  the  necessary  incidental  expenses;  for  the 
purchase  of  the  necessary  seals  and  badges;  for  printing, 
ruling,  binding,  and  all  other  work  performed  and  mate- 
rials used  by  the  state  printing  office,  to  be  used  during  the 
balance  of  the  fifty-sixth,  and  during  the  fifty-seventh  and 
fifcy-eighth  fiscal  years.  The  state  controller  is  hereby  di- 
rected to  draw  his  warrant  for  any  claim  against  said  sum, 
the  same  having  been  approved  by  the  state  board  of  ex- 
aminers, and  the  state  treasurer  is  hereby  directed  to  pay 
the   same. 

Sec.  9.  All  acts  and  parts  of  acts  inconsistent  herewith 
or  contrary  hereto  are,  so  far  as  they  are  inconsistent  or 
contrary,    hereby   repealed. 

Sec.  10.     This  action  shall  take  effect  immediately. 


TITLE  320. 

MUNICIPAL  CORPORATIONS. 
ACT  2332. 

An   act   to   validate    the   organization    and   incorporation   of 
municipal   corporations. 

[Approved  March  20,  1905.     Stats.  1905,  p.  400.] 

Section  1.  All  municipal  corporations,  the  organization 
and  incorporation  of  which  have  been  authenticated  by  an 
order  of  a  board  of  supervisors  in  this  state,  declaring  the 
same  incorporated  as  municipal  corporations  of  the  classes 
to  which  such  corporations  may  respectively  belong,  and  a 
certified  copy  of  which  order  has  been  filed  by  such  board 
of  supervisors  in  the  office  of  the  secretary  of  state,  show- 
ing such  copy  of  said  order  to  have  been  filed  in  said  office, 
and  which  corporations  thereafter  have  acted  in  the  form 
and  manner  cf  municipal  corporations  under  the  provisions 
of  "An  act  to  provide  for  the  organization,  incorporation, 
and  government  of  municipal  corporations,"  approved 
March  thirteenth,  eighteen  hundred  and  eighty-three,  and 
the  amendments  thereto,  are  hereby  declared  to  be  and  to 
have  been  municipal  corporations  from  the  date  of  filing 
the  certified  copy  of  said  order  of  the  board  of  supervisors 
with  the  secretary  of  state;  and  all  the  acts  of  the  said 
municipal    corporations    heretofore    performed    according    to 


Act  2333,  5  §  1,  2  MUNICIPAL    CORPORATIONS.  «3.'j 

the  act  aforesaid,  are  hereby  validated,  and  declared  as  le- 
gal. 

ACT  2333. 

An  act  to  provide  for  the  lighting  of  public  streets,  lanes, 
alleys,  courts  and  places  in  municipalities,  and  for  the 
assessment  of  the  costs  and  erpenses  thereof  upon  the 
property  benefited   thereby. 

[Approved  March   21,  1905.     Stats.   1905,  p.  501. J 

Section  1.  Whenever  the  public  int. rest  or  convenience 
may  require,  the  city  council  of  any  municipality  in  tin- 
state  shall  have  full  power  and  authority  to  order  pt 
posts,  wins,  pipes,  conduits  and  lamps,  or  any  of  said  ap- 
pliances, or  any  other  suitable  or  necessary  appliances,  to 
b''  installed  in  and  along  the  whole  or  any  part  oi  any 
pcblic  Street,  lane,  alley,  court  or  place  in  such  municipal- 
ity, for  the  purpose  of  lighting  the  same;  also  to  order  ap 
pliane.s  in  and  along  the  same,  installed  under  this  act.  or 
otherwise  installed  and  owned  or  controlled  by  such  muni- 
cipality, to   be   maintained;   and   also   to   or.br  gas,   electric 

current,  or  other  illuminating  agent,  to  be  furnished  for 
such    lighting;    in    the    manner    and     under     the     proceedings 

hi  reinaft*  r  described- 
ordering   any    improvement     to     be     made, 
winch   is  authorised    by   Bection    one   of   this   act,   the   city 

council    shall    adopt    a    resolution    declaring    its    intention    to 

do  so,  briefly  describing  the   proposed   improvement,   which 

may    include    the    whole   or   any    part    of  one   or   more   Mr 

lam  s.  alleys,  courts  or  places,  and  specifying  the   exterior 

boundaries  of  the  district  to  be  benefited  by  said  improve- 
ment  and   to   be  assessed    to    pay    the    cost    and    expei 

thereof,    and    to    be    known    SS    tl  tent    district.      Said 

proposed  improvement  may  include  any  or  all  of  the  dif- 
ferent kinds  of  work  mentioned  in  Bection  one  of  this  act; 
provided,  however,  that  the  maintenance  of  appliances  or 
the  furnishing  of  gas,  eleetrie  current  or  other  illuminating 
agent,  shall  be  for  a  period  stated  in  the  resolution  of  in- 
tention, but  not  exceeding  two  years.  The  city  council 
shall  also,  in  the  same  resolution,  refer  the  proposed  im- 
provement to  the  city  engineer,  if  there  be  one,  and  if  not, 
to  some  competent  person  employed  by  the  municipality  for 
the  purpose  and  named  in  said  resolution,  and  direct  him 
to  make  and  file  with  the  clerk  of  the  city  council  a  report 
in    writing    presenting    the    following. 


63-k  MUNICIPAL,   CORPORATIONS.  Act  233C,  §§  :'.,  I 

1.  Plans  and  specifications  for  the  work  required  in  or- 
der   to    make   said    improvements; 

2.  An  estimate  of  the  cost  of  said  improvement  and  of 
the  incidental  expenses  in  connection  therewith; 

3.  A  diagram  showing  the  district  above  referred  to,  and 
also  the  boundaries  and  dimensions  of  the  respective  sub- 
divisions of  the  land  within  said  district,  each  of  which 
subdivisions  shall  be  given  a  separate  number  in  red  ink 
upon  said   diagram. 

4.  A  proposed  assessment  of  the  total  amount  of  the  costs 
r\nd  expenses  of  the  proposed  improvement  upon  the  sev- 
eral subdivisions  of  land  in  said  district  in  proportion  to 
the  estimated  benefits  to  be  received  by  such  subdivisions, 
respectively,  from  said  improvement.  Said  assessment  shall 
refer  to  such  subdivisions  upon  said  diagram  by  the  re- 
spective red  ink  numbers  thereof,  and  shall  show  the  names 
ot  the  owners,  if  known,  otherwise  designating  them  as  un- 
known. No  mistake  in  the  name  of  the  owner  of  any  par- 
cel of  land  shall  affect  the  validity  of  the  assessment  there- 
on. 

In  any  municipality  having  a  board  of  public  works  cre- 
ated by  its  charter,  or  by  law,  the  proposed  improvements 
shall  be  referred  to  said  board,  and  the  report  provided  for 
herein  shall  be  made  by  said  board. 

Sec.  3.  Upon  the  filing  of  the  report  provided  for  in  sec- 
tion two  of  this  act,  the  said  clerk  shall  present  the  same 
to  the  city  council  for  consideration,  and  said  council  may 
modify  the  same  in  any  respect,  and,  in  case  of  any  such 
modification,  the  report  as  modified  shall  stand  as  the  re- 
port for  the  purpose  of  all  subsequent  proceedings.  There- 
after the  council,  by  resolution,  shall  appoint  a  time  and 
place  for  hearing  protests  in  relation  to  the  proposed  im- 
provement, which  time  shall  not  be  less  than,  twenty  days 
from  the  date  of  the  passage  of  said  resolution,  and  shall 
direct  the  clerk  of  the  city  council  to  give  notice  of  said 
hearing,  and  shall  designate  the  newspaper  in  which  such 
notice  shall  be  published. 

Sec.  4.  After  the  passage  of  the  resolution  mentioned  in 
section  three  of  this  act,  the  clerk  of  said  city  council  shall 
cause  to  be  conspicuously  posted  along  all  streets  and  parts 
of  streets  within  the  assessment  district  described  in  the 
resolution  of  intention,  a£  not  more  than  three  hundred 
feet  in  distance  apart,  notices  (not  less  than  three  in  all), 
of   the  passage  of  said  resolution  of   intention  and  of  the 


Act  2333,  §  E  MUNICIPAL    CORPORATIONS.  6321 

filing  of  said  report.  Said  notices  shall  be  headed  "No- 
tiee  of  Local  Improvement,"  in  letters  not  less  than  one 
inch  in  length,  shall  be  in  1<  gible  characters,  and  shall  state 
the  fact  and  date  of  the  passage  of  said  resolution  of  in- 
tention and  of  the  filing  of  said  report,  anil  the  date  set 
for  the  hearing  of  s:ii<l  protests,  and  briefly  describe  the 
improverm  nt  proposi  d,  and  refer  to  sai«l  resolution  and  re- 
port further  particulars.  Id  shall  also  cause  a  notice  sim- 
ilar in  substance  to  be  published  for  a  period  of  two  days  in 
a  daily  newspaper,  published  and  circulated  in  said  muni- 
cipality, and  designated  by  said  city  council  for  that  purpose, 
or  if  there  is  no  daily  newspaper  in  said  municipality,  then 
by  two  successive  insertions  in  a  weekly  paper,  so  pub- 
lished, circulati  d  and  designati  d.  Said  notices  must  be 
posted  and  published,  as  above  provided,  at   least  tea  days 

before   the   date   sel    for   the   hearing  of  said    pro* 

Sec.  5.  Any  person  interested,  objecting  to  si;  |  improve- 
ment, or  to  the  extent  of  the  assessment  district,  or  to  the 
proposi  d  ass<  Bsment  provide  d  for  in  section  two  of  this  act, 
may  file  a  written  protest  with  the  clerk  of  the  city  council 
at  or  be  fore  the  time  set  for  the  hearing  referred  to  in 
tion  three  hereof.  The  clerk  shall  indorse  on  every  such 
protesl  the  date  of  its  reception  by,  him,  and  at  the  time 
appointed  for  the  hearing  above  provided  for.  shall  present 
to  said  city  council  all  protests  so  filed  with  him.  Tf  such 
protests  are  against  said  improve  meat  and  said  city  council 
finds  thai  tin  same  ■are  Bign<  d  by  the  owners  of  a  majority 
of  the  frontage  of  the  property  fronting  on  streets  or  parts 
of   streets    within    said  at    district,    all    further    pro- 

ceedings andl  t  said  resolution  of  intention  shall  be  barred 
and  no  new  resolution  of  intention  for  the  same  improve- 
merit  shall  be  passed  within  six  months  after  the  presenta- 
tion of  such  protests  to  tie  city  council,  unless  the  owners 
i»f  a  majority  of  the  frontage  Of  the  property  fronting  on 
streets  or  parts  of  streets  within  said  assessment  district 
shall  in  the  meantime  petition  therefor.  If  such  protests 
are  against  the  improvement  and  the  council  finds  that  they 
are  not  signed  by  the  owners  of  a  majority  of  the  front- 
age of  the  property  fronting  on  streets  or  parts  of  streets 
within  the  assessment  district,  or  if  such  protests  are 
against  the  extent  of  the  assessment  elistrict,  the  council 
shall  hear  saiel  protests  at  the  time  appointed  therefor,  as 
abbve  provided,  or  at  any  time  to  which  the'  hearing 
thereof  may  be  adjourned,  and  pass  upon  the  same,  ami  its 
decision   shall  be  final   and   conclusive,   and   if  such   protests 


632m  MUNICIPAL    CORPORATIONS.  Act  2333,  §§  6? 

are  sustained  the  proceeding  may  be  abandoned,  but  may 
be  renewed  at  any  time,  and  if  such  protests  are  denied, 
the  proposed  assessment  shall  be  confirmed.  If  such  pro- 
tests are  against  the  proposed  assessment,  the  council  shall 
hear  said  protests  at  the  time  appointed  therefor  as  above 
provided,  or  at  any  time  to  which  the  hearing  thereof  may 
be  adjourned,  and  may  confirm,  modify  or  correct  said  pro- 
posed assessment. 

"When,  upon  the  hearing,  said  proposed  assessment  is  con- 
firmed, modified  or  corrected,  or  in  case  no  protests  are 
filed,  the  report  provided  for  in  section  two  hereof  shall  be 
adopted  as  a  whole,  with  any  modifications  or  corrections 
that  have  been  made  therein,  and  the  city  council  shall  bv 
resolution,  order  said  proposed  improvement  to  be  made, 
and  declare  its  action  upon  said  report  and  assessment, 
which  resolution  shall  be  final  and  conclusive  on  all  per- 
sons, and  the  assessment  shall  be  thereby  levied  upon  the 
respective  subdivisions  of  land  in  the  assessment  district. 

Sec.  6.  The  validity  of  an  assessment  levied  under  this 
act  dhall  not  be  contested  in  any  action  or  proceeding  un- 
less the  same  is  commenced  within  thirty  days  after  the 
time  said  assessment  is  levied,  and  any  appeal  from  a  final 
judgment  in  such  an  action  or  proceeding  must  be  perfected 
within  thirty  days  after   the   entry  of  such  judgment. 

Sec.  7.  Upon  the  passage  of  the  resolution  provided  for 
in  section  five  hereof,  the  clerk  of  said  city  council  shall 
transmit  to  the  tax  collector  of  the  municipality,  the  dia- 
gram and  assessment  provided  for  in  subdivisions  3  and  4 
of  section  two  hereof,  and  any  modifications  or  corrections 
thereof  made  by  said  city   council. 

Sec.  8.  Upon  the  receipt  of  the  diagram  and  assessment 
referred  to  in  the  last  preceding  section,  the  tax  collector 
of  the  municipality  shall  record  the  same  in  a  substantial 
book,  to  be  kept  for  that  purpose,  in  his  office,  and  shall 
thereupon  fix  a  day  not  less  than  twenty,  nor  more  than 
thirty,  days  from  the  date  of  the  receipt  by  him  of  said  di- 
agram and  assessment  after  which  all  assessments  unpaid 
shall  become  delinquent  and  ten  per  cent  shall  be  added  to 
the  amount  thereof,  and  shall  also  fix  a  day  for  the  sale  of 
the  various  parcels  of  land  within  said  district  upon  which 
the  assessments  are  unpaid,  which  said  date  shall  be  not 
less  than  fifty  days  nor  more  than  sixty  days  from  the  date 
of  the  receipt  by  him  of  said  diagram  and  assessment. 


Act  23-13.  |9  9-12  MUNICIF  RATTOlfS  632a 

•    of   the    Bale   of    property   upon   which   the 
ta  .-ir-    d(  linquent   Bhal  1   tax 

collector  by  ;  i  publication  in  t ho  manner  now  pro- 

vided  by   the  rs  of  the  £  I  laliforaia,  foi 

giving  i  •  ion,  pre 

vid.  d.  however,  that  tl  tiona  of  the  rarioni 

uf  land  ■  i  ly  by  the  re- 

p  the  aarni  -   apon   tin 

and  diagram,  which  shall  be  properly  referred  to  in 
said   ooti  -   id   description*  shall  all   1"    contained  in 

Ixed  for  tl  said 

prop  rty,  tin 

•  f    land    within    said    <1  i ^ t ri <•  t .    tl.- 
against  whicl  -    paid,  or  so  mask  of  each  par 

eel    as    shall    ) 

||     penalty     f>>r     dclin 
'    Bah  ,    in    tli>' 

r  of  t in  i r  nnmbera  apon  said  diagram.    At  said  sale  the 

municipal'  I  a    pure! 

The   tax   collector  ahail   ansae   f  mlc  fin 

original  and  a  duplicati    <•<  rt  ifii-  .  referring  t..  (ho 

I        ■.  and  giving  tin   name 

•    '    which    said    parcel   waa 

rigii  -  leliver  to   the   pur- 

'  m  file  in  ins  once 

in   tht    form  of  a  stub   in   th(  k. 

.   11.     At  any  time  befori    tin    expiration  of  one  year 

the    date     of    the     sale,     any     pr  id     un.hr    the 

proi  aectiona   ma]    be   red.  .  m.  d   by 

the  payment   to  tl  lector  <>f  the  amonnt  fur  which 

the  property  waa  sold,  with  an  additional  penalty  of  twenty- 
id  amount.     Said  redemption  money  shall 

'id   l'.v    the  holding   the   orig- 

inal eertifical  upon  his  delivering  up  tin-  same  and 

receipting  for  the  amount  received  from  tin-  tax  collector 
therefor.  Upon  redemption  of  any  parcel  <>f  land  the  tax 
collector  shall  enter  tin    fact  and  dat  b  redemption 

upon    the   duplicate   certificate  of  sale   thereof. 

'.     12.      If    the    property     is    sold,    and     is    not     redeemed 

within    said    period    of  from    tie-    date    of    the    sal., 

tin-  tax  coll.  ctor  Bhal]   execute   to  tin'  person   named   in   tin 

rial   certificate,  or  to  hie  ,  a   deed  of  the   prop 

erty  described  in  said  certificate,  which  said  deed  shall  re- 


«32o  MUNICIPAL    CORPORATIONS.  Act  2333,  5  §  13,  14 

fer  in  general  terras  to  the  proceedings  under  which  the 
same  is  issued,  and  shall  contain  a  description  of  the  prop- 
erty. Such  deed  shall  convey  title  in  fee  to  said  property, 
and  the  grantee  is  immediately,  upon  the  receipt  thereof, 
entitled  to  possession  of  the   property  described   therein. 

Sec.  13.  The  funds  collected  by  the  tax  collector  under 
the  proceedings  herein  provided  for,  either  upon  voluntary 
payment,  or  as  the  result  of  sales,  shall  be  paid  by  said  tax 
collector,  as  fast  as  collected,  to  the  treasurer  of  said  muni- 
cipality, who  shall  place  the  same  in  a  special  fund  desig- 
nated by  the  number  or  name  of  the  proceeding,  and  pay- 
ments shall  be  made  out  of  said  special  fund  only  for  the 
purposes  provided  for  in  this  act.  To  expedite  the  making 
of  any  such  improvement,  the  city  council  may  at  any  time 
transfer  into  said  special  fund,  out  of  any  money  in  the 
general  fund,  such  sums  as  it  may  deem  necessary,  and  the 
sums  so  transferred  shall  be  deemed  a  loan  to  such  special 
fund  and  shall  be  repaid  out  of  the  proceeds  of  the  assess- 
ments provided  for  in   this  act. 

See.  14.  At  any  time  after  the  funds  for  the  work,  or 
any  part  of  the  work,  shall  be  in  the  hands  of  said  treas- 
urer, the  city  council  may  let  the  contract  or  contracts  for 
such  work  or  the  respective  parts  thereof.  Every  such  con- 
tract shall  be  let  to  the  lowest  responsible  bidder,  after  no- 
tice published  by  two  insertions  in  some  newspaper  pub- 
lished in  such  municipality  and  designated  by  the  city 
council  for  that  purpose,  or  if  there  be  no  such  newspaper, 
then  by  such  posting  as  the  city  council  may  provide. 

Every  bid  shall  be  accompanied  by  a  certified  check, 
amounting  to  ten  per  cent  of  the  bid,  payable  to  the  order 
of  the  clerk  of  said  city  council,  and  the  same  shall  be 
forfeited  to  the  municipality  in  case  the  bidder  depositing 
the  same  does  not,  within  ten  days  after  written  notice  that 
the  contract  has  been  awarded  to  him,  enter  into  a  contract 
with  the  municipality  for  the  work,  the  faithful  perform- 
ance of  which  shall  be  secured  by  an  undertaking  in  such 
penal  sum  as  the  city  council  shall  require,  with  sureties 
satisfactory  to   said  council. 

The  contract  must  provide  that  the  work  shall  be  done 
and  the  work  must  be  done,  strictly  in  accordance  with  the 
plans  and  specifications  contained  in  the  report  provided 
for  in  sections  two  and  three  of  this  act.  The  work  must 
be   done  under  the  supervision  of  the   board,  officer  or  per- 


Act  2S13.   J 5  16-U  MUNICIPAL    CORPORATIONS.  632p 

son  by  whom  the  report  provided  for  in  section  two  of  this 
act  was  made,  and  do  work  shall  be  paid  for  until  it  has 
been  accepted  by  said  board,  officer  or  person  and  by  said 
city  council 

If    the    contractor    abandons    the    work    or    fail*    I 

with  tin  same  as  rapidly  as  required  by  his  contract,  the 
said  city  council  may  relet  the  work  in  the  same  manner 
as    in    tli  '     the    first    letting    thereof,    and    retain    the 

cost  of  the  same,  and  also  any  i  xp.  use  Incidental  to  the 
reletting,  out  of  any  funds  due  or  to  becomi  due  to  the 
contractor,  and  also  hold  him  and  his  sureties  responsible 
for  such  cost  and  .  and  for  any  damages  resulting 

from  BUCh   abandonment   or   failure    upon   his  bond. 

Sec.  15.  In  case  the  first  ass<  BSmi  Ot  for  any  Improve: 
meat  provided  fur  in  this  acl  proves  insufficient,  a  supple- 
mental assessment  may  b<  mad<  to  raise  the  deficit,  in  the 
same    manner    as    marly    as    may    be,   as    the    ftV  ment, 

]>t  that  protests  may  only  be  made  to  such  supplemental 
assessment,  and  so  on  until  sufficient  money  shall  have  been 
realised  to  pay  for  Buch  improvement. 

Sec.   Ifi.     Tf  at   any   time   an  at   for  any  such   im- 

proveni)  nt  shall  realize  a  larger  sum  than  is  necessary 
therefor,  the  excess  shall  be  refunded  pro  rata  to  the  par- 
ties by  whom  it  was  paid. 

BeC.    17.      Every    special    assessment    levied    under    this    act 

shall,  from  the  date  of  the  levy  thereof,  be  a  Hen  upon  the 
land  upon  which  it  is  levied  paramount  to  all  other  liens. 
except  prior  assessments  and  taxation,  and  such  lien  shall 
continue  until  Buch  special  assessment  is  paid,  or  until  the 
property  is  Bold  and  a  deed  is  made'  therefor  to  the  pur- 
chaser as  hereinbefore  provided,  and  all  parties  snail  have 
constructive  notice  of  such  lien  from  the  date  of  the  pas- 
sage of  the  resolution   referred   to   in  section   five   hereof. 

Sec.  18.  The  following  words  and  phrases  shall,  where 
used  in  this  act,  have  the  following  meanings: 

(1)  The  term  "improvement"  includes  all  work  and  im- 
provements mentioned    in   section   one  of  tlii* 

(2)  The  terms  "municipality"  and  "city''  include  every 
incorporated  city,  city  and  county,  or  other  corporation  or- 
ganized   for    municipal    purposes. 

(3)  The  (inns  "city  council'-  and  "council"  include  any 
body  or  board  in  which  by  law  is  vested  the  legislative 
power  of  any  city. 


632q  MUNICIPAL,   CORPORATIONS.  Acts  2334-2330 

(4)  The  terms  " treasurer"  and  "city  treasurer"  include 
any  person  or  officer  who  has  charge  and  makes  payments 
of  the  city  funds. 

(5)  The  term  "city  engineer"  includes  any  person  or  of- 
ficer who  has  charge  of  the  surveying  and  engineering  work 
of  said  city. 

Sec.  19.  This  act  shall  take  effect  and  be  in  foree  from 
and  after  its  passage. 

ACT  2334. 

An  act  to   authorize  the   construction,   maintenance  and  op- 
eration  of  private   spur  tracks   in   municipalities. 

[Approved  March  21,  1905.     Stats.  1905,  p.  710.] 

Section  1.  The  council  or  other  legislative  governing 
body  of  any  city  or  town,  or  city  and  county,  by  a  ma- 
jority vote,  may  grant  the  right  to  property  owners  or  to  the 
proprietors  of  manufacturing  or  industrial  enterprises  to 
construct,  maintain  and  operate  spur  tracks  from  their  prem- 
ises to  a  connection  with  any  railroad.  Such  grant  shall, 
nevertheless,  be  revocable  at  the  pleasure  of  the  granting 
authority. 

ACT  2335. 

To  authorize  and  direct  the  municipal  authorities  of  the 
several  cities  and  incorporated  towns  of  this  state  to 
execute  certain  trusts  in  relation  to  the  town  lands 
granted  to  the  incorporated  cities  and  towns  in  this 
state,  by*  the  act  of  congress  entitled  "An  act  for  the 
relief  of  the  inhabitants  of  cities  and  towns  upon  the 
public  lands,"  approved  March  second,  eighteen  hun- 
dred and  sixty-seven.  [Approved  March  24,  1868. 
Stats.  1867-8,  p.  487.] 
Amended  1871-2,  237. 
Cal.   Rep.    Cit.    78,    60. 

ACT  2336. 

To  authorize  and  direct  the  county  judges  of  the  several 
counties  of  this  state  to  execute  certain  trusts  in 
relation  to  the  town  lands  granted  to  the  unincorpo- 
rated towns  in  this  state  by  the  act  of  congress  entitled 
"An  act  for  the  relief  of  the  inhabitants  of  cities  and 


Acts  203".  MUNICIPAL    CORPO&ATK  6C:r 

towns  upon  tlic  public  lands,"  approved  March  2,  1867. 
[Stats.  1867-8,  p.  692.] 

Ann  UK,    115. 

Cal.    Rep.    Clt.     62.    609;     110,    194;     110,    197;     133,    52. 

ACT  2337. 

Authorizing  incorporate  cities  to  acquire  by  purchase,  {rift, 
or  condemnation,  water,  water-rights,  reservoir  sitc> 
[Stats.  1891,  p.  102.] 

Cal.    Rop.    Clt.     1M,   616. 

ACT  2338. 

To    provide    foT    the    receipt    and    appropriation    of    donations 

to  the  state,  or  counties,  <>r  cities  and  counties,  or  cities 
or  towns   therein.      [Approved    April    3,    1880.      S 
1880,  p.  20   (Ban.  ed.  106).] 

ACT  2339. 

To  provide  foi  the  organisation,  incorporation  and  govern- 
ment of  merged  and  consolidated  cities  and  counties  of 
more  than  one  huniln  <1  thousand  inhabitants.  [Stats. 
1880,  p.  137.] 

Unconstitutional.     (Pinion. 1    v.    Dunn.    55    Cal.    2«2.) 
This  act   was    what    was  known   as   the    McClure   charter. 

ACT  2340. 

To   provide    fur   the    letting   of   contracts   for   lighting  Btr 

and   public  bnildingfl   in   cities  and   town9  in  the  state. 

[Stats.    1895,   p.    191.] 

Anni.  ••'!     98*.    32. 

Cal.    Rep.    Clt.     119.    31. 

ACT  2341. 

Providing  for  the   jdanting  and   care  of  shade  trees  in  mu- 
nicipalities.    [State.   1893,  p.  153.] 

ACT  2342. 

Conferring  power  upon  the  governing  body  of  municipal 
corporations  of  the   firs  to   provide  for  the  erec- 

tion of  a  municipal  hospital.     [Stats.  1897,  p.  9.] 


623  MUNICIPAL  CORPORATIONS.  §5  23*3-2347,  s  1 

ACT  2343. 

Providing  for  the  establishment  and  maintenance  of  sewer 
districts  adjacent  to  municipal  corporations.  [Stats. 
1899,   p.   81.] 

ACT  2344. 

Providing  for  the  levy  of  a  special  tax  for  specific  pub- 
lic improvements  within  municipalities.  [Stats.  1901, 
p.   296.] 

ACT  2345. 

To  authorize  the  licensing  of  bicycles,  trieveles  and  similar 
vehicles.      [Stats.   1901,   p.   32*4.] 

ACT  2346. 

To  provide  for  the  disposal  of  moneys  raised  by  cities  or 
towns  for  public  improvement  after  the  same  has  been 
completed  and  paid  for.     [Stats.  1899,  p.  105.] 

ACT  2347. 

An  act  to  provide  for  the  classification  of  municipal  corpo- 
rations. 

[Approved  March  2,   1883.     Stats.   1S83,  p.  24.] 

Amende  1    1S97.    218.    421;    1899,    141;     1901,    94. 
Cal      Rep      Cit.     85,     347:      111.     104;      111,     1(15;      117,     374;      118,    403;      120, 
392;     120,    394;     127,    159;     143,    566;     143.    567;     143,    569;     143.    57S. 

niasses  described. 

Section  1.  All  municipal  corporations  within  the  state 
are  hereby  classified  as  follows:  Those  having  a  popula- 
tion of  more  than  two  hundred  thousand  shall  constitute 
the  first  class;  those  having  a  population  of  more  than 
one  hundred  thousand  and  not  exceeding  two  hundred 
thousand  shall  constitute  the  first  and  one-half  class;  those 
having  a  population  of  more  than  thirty  thousand  and  not 
exceeding  one  hundred  thousand  shall  constitute  the  second 
class-  those  having  a  population  of  more  than  fifteen  thou- 
sand and  not  exceeding  thirty  thousand  shall  constitute  the 
third  class;  those  having  a  population  of  more  than  ten 
thousand  and  not  exceeding  fifteen  thousand  shall  consti- 
tute the  fourth  class;  those  having  a  population  of  more 
than  three  thousand  and  not  exceeding  ten  thousand  -shall 
constitute  the  fifth  class;  those  having  a  population  of  not 


kctiU1,tl%t  MUNICIPAL   OOnPOn.\T1o.VS.  831 

eding  three  thousand  shall  constitute    tlm    sixth    cl 
[Amendment    becami    a    law   under   ronatitutinn.il    provision 
without  governor's  approval  March  5,  1901.     Stats.  1901,  p. 
P4.     Tn  ctl'i  ct   immediately.*] 

Determination  based  <>n  census. 

Sec.  2.  The  census  taken  under  the  direction  of  the  con- 
cuss of  the  United  States  izi  the  year  eighteen  hundred  and 
eighty,  and   every  ten  reafter,   Bhall  be  the  basis 

upon  which  the  respective  populations  of  said  municipal 
corporations  shall  b<  determined,  unless  a  direct  enumera- 
tion of  the  inhabitants  thereof  be  made,  as  in  this  act  pro- 
vided,  in  which  case  such  direct  enumeration  shall  consti- 
tute such  1 

Question  of  reorganization. 

Sec  3.  The  council,  board  of  trustees,  or  other  legisla- 
tive body  of  any  municipal  corporation,  may  at  any  time 
cause  an  enumeration  of  the  inhabitants  thereof  to  be  made, 
and  in  such  niannei  and  under  such  regulations  as  s.ieh 
body  may,  by  ordinance,  direct,     it'  upon  Mich  enumeration 

it    shall    appear    that    such    municipal    corporation    contains    a 

suffieit  nt  number  of  inhabitants  to  entitle  it  to  reorganise 
under  a  higher  or  lower  class,  the  common  council,  trustees, 
or  other   legislative  body,  shall,  upon   Deceiving   a   petition 

therefor,  Bigned  by  not  1<  ss  than  one-fifth  of  the  qualified 
elector!  thereof,  snbmit  to  the  .lectors  of  such  city  or 
town,  at  the  next  general  election  to  be  held  therein,  the 
question  whether  such  city  or  town  shall  reorganize  under 
the  laws  relating  to  municipal  corporations  of  the  class  to 
which  such  city  or  town  may  belong.  And  thereupon  such 
proceedings  shall  be  had  and  election  held,  as  provided  in 
the  general   law   for  the   Reorganization;   incorporation,  and 

government  of  municipal  corporations.  If  a  majority  of  the 
votes  cast  at  such  election  shall  be  in  favor  of  BUCD  feoi 
ization,  thereafter  Buch  officers  shall  be  elected  as  arc.  or 
may  be,  and  at  the  time  prescribed  by  law  for  municipal 
corporations  of  the  class  having  the  population  under  which 
such  reorganization  is  had.  and  from  and  after  tie'  qualifica- 
tion of  such  officers,  such  corporation  shall  belong  to  such 
class.-  Whenever  the  result  oi  such  enumeration  shall  have 
been    declared   by    the    council,    board    of    trustees,   or    other 


eSS  MUNICIPAL   CORPORATIONS.  Act  2348 

governing  body,  and  entered  in  the  minutes  of  such  body, 
thereupon  the  number  of  such  inhabitants  so  ascertained  shall 
be  deemed  the  number  of  the  inhabitants  of  such  city  for 
all  the  purposes  of  this  act,  and  for  the  purposes  of  legis- 
lation affecting  municipalities.  The  clerk  of  the  council, 
board  of  trustees,  or  other  governing  body  of  such  city  shall 
cause  a  certified  copy  of  such  minute  order  to  be  filed  with 
the  board  of  supervisors  of  the  county  wherein  such  city  is 
situated.  [Amendment  approved  March  20,  1899.  Stats. 
1899,  p.   141.] 

ACT  2348. 

MUNICIPAL   CORPORATION   BILL. 

An  act  to   provide  for  the   organization,   incorporation,   and 

government  of  municipal  corporations. 

[Stats.  1883,  p.  93.] 

Amended  1885.  127,  134;  1SS7,  12;  1889,  371,  389;  1891,  21,  28,  54, 
65.  114,  233;  1893,  299;  1S95.  24.  159,  266;  1897,  89,  175,  183,  196,  403;  1899, 
98;  1901,  12,  18,  70,  269,  293.  656;  1903,  40.  93,  135,  336;  1905,  16,  45,  72. 
73,    88,    89,    408. 

Cal.    Rep.    Clt.     66,    656;     68.    143;     69,    151;     70,    464;     71,    208;     72.    167; 

72,    169;     73,    85;     73,    86;      73,    312;      73,    313;     73.    622;      74,    26;      76,    451; 

79,    354;     79,    358;     80,    227;     85,    51;     85,    345;     85,    346;     85.    349;     85,    595; 

87,    231;     87,    502;     87,    304;     87,    522;     88,    431;     91,    247;    92,    613;     97,    380; 

98,    429;      100,     573;      100,     575;      102,     304:      103,     665;      104,     275;      104.     518; 

104,    521;      106,    501;      106,     502:      107,    97;      107,    400;      108,     363;      109,    319; 

112,    163;      118,     120:      US,    403;      118,    487;      120,    393;      123,    310;      123,    001; 

124,    97;     131.    502;     132,    238:     135,    452;     137.    584;     141,    373;     141,    374;     141, 

375;      141,    376;      141,    377;      141,    378;      141,    379;      141,     380;      141,    397;      142, 

515;      142,    700;      143,    566;      143,    567;     143.    569;      143,    570;      143,    571;      143. 

572;      143,    573;      144,    14;      145,    631;      145,    633;      145,    636;      145,    640;      147, 

776;     147,    778. 

AMD'T   1885. 

Cal.    Rep.    Clt.  69,  610. 

AMD'T    1889 

Cal     Rep.    Cit.  91,  256;     95,    112;     99,    147;     104',    519;     104,    523;     107,    98; 

107.    465;     107,  469;  113,    304;     119,    625;     119,    626;     121,    103;     122,   78;     128, 

280;     132.    83;  136,  146;     138,    243;     13S,    244. 

AMD'T    1891. 

Cal.    Rep.    Cit.     118,    121;     129,    600. 

AMD'T    1897. 

Cal.    Rep.    Cit.     136,    148. 

Unconstitutional  as  to  the  provisions  in  section  756.  requiring 
courts  to  take  judicial  notice  of  ordinances  (City  of  Tulare  v.  Hevren, 
126  Cal.  226);  also  as  to  section  705  (City  of  Tulare  v.  Hevren),  ana 
as   to    section    870    (Pasadena   v.    Stimson,    91    Cal.    238). 


Act  2348  MUNICIPAL    CO  M« 

simm  \uv  OP  l  ONTENT& 
Chaptei     T.     0  »n    of     Municipal    Corporations,    J§ 

1  ;». 

Chapter  II.     Municipal  I  f  the  First  Class,  Over 

Artld<      T      i  •  ■  rs.      j     19. 

II  m    Relating  >      JJ    20-29. 

Ill 

I V        i 
V 
VI 

vii  Provisions,    55    286-288. 

Chapter  III.     Municipal   Corporations  of  the  Second   Class, 
100  100,00 

Article    I.     ' 

II       ■;.  :  .  ral     I'n.vM •■•■«     Relating     to    Officer*,      JJ 
III 
IV 

V 
VI 

Chapter   IV      Municipal    Coi  the    Third    Class, 

15,1  '1. 

Article     I 

n     q  Bi  •■is.    jj    ;<ii-60t. 

in 

IV       I . 

V 
VI 

VII 

Chnptor  V.     Municipal    Corporal  thi     Pourtk    Class 

I". 15,000,  19  800  719. 

Art  sii    I.  Qeni  ra 

n  General    it-  Ofllcera    §J    mh-611. 

in 

IV  Taxatl  id, 

V.  K 

VI.  Judicial    Department,    . 

vii.  School   Department,    5  5   71     ' 

Chapter    VI.     Municipal    Corporations    <>f    the    Fifth    Class, 
3,000-10,000,  §$  75 

Artici.'    I.  General    Pi 

II  Gben<  ral    Pn  -  S5   751-761, 

lii  i..  .  i  i  itlve    l"  i  :n  tm<  nt,    | ; 

IV  ;  epartmenl 

v  s.  h 

vi  Judicial    Department, 

Vll.  Miscellaneous    Provisions,     H    8KJ-&U. 


m  MUNICIPAL    CORPORATIONS.  Ac t  2348,  §  §  1.  2 

Chapter  VII.     Municipal    Corporations    of    the    Sixth    Class, 
3,000,  §§  850-886. 

Article    I.  General    Powers.     §    850. 

II.  General    Provisions    Relating    to    Officers,    §§    851-857. 

m.  Legislative    Department.    §§    S5S-875. 

rv.  Executive   Department.    §§    *76-S81. 

V.  Judicial    Department.     §§    S82-884. 

VI.  Miscellaneous   Provisions,    §§    8S3,    886. 


CHAPTER    I. 
ORGANIZATION    OF    MUNICIPAL    CORPORATIONS. 

City  or  town  may  incorporate. 

Section  1.  Any  portion  of  a  county  containing  not  less 
than  five  hundred  inhabitants,  and  not  incorporated  as  a 
municipal  corporation,  may  become  incorporated  under  the 
provisions  of  this  act,  and  when  so  incorporated,  shall  have 
the  powers  conferred,  or  that  may  be  hereafter  conferred, 
by  law,  upon  municipal  corporations  of  the  class  to  which 
the  same   may  belong. 

Manner   of   proceeding   in    organizing   a    municipal    corpora- 
tion. 

Sec.  2.  A  petition  shall  first  be  presented  to  the  board 
of  supervisors  of  such  county,  signed  by  at  least  fifty  of 
the  qualified  electors  of  the  county,  residents  within  the 
limits  of  such  proposed  corporation,  and  the  affidavit  of 
three  qualified  electors  residing  within  the  proposed  lim- 
its, filed  with  the  petition,  shall  be  prima  facie  evidence  of 
the  requisite  number  of  signers.  The  petition  shall  set 
forth  and  particularly  describe  the  proposed  boundaries  of 
such  corporation,  and  state  the  number  of  inhabitants  there- 
in, as  nearly  as  may  be,  and  shall  pray  that  the  same  may 
be  incorporated  under  the  provisions  of  this  act.  Such  pe- 
tition shall  be  presented  at  a  regular  meeting  of  such  board, 
and  shall  be  published  for  at  least  two  weeks  before  the 
time  at  which  the  same  is  to  be  presented,  in  some  news- 
paper printed  and  published  in  such  county,  together  with 
a  notice  stating  the  time  of  the  meeting  at  which  the  same 
will  be  presented.  When  such  petition  is  presented,  the 
board  of  supervisors  shall  hear  the  same,  and  may  adjourn 
such  hearing  from  time  to  time,  not  exceeding  two   months 


Act  234S,  §  3  MUNICIPAL    CORPORATIONS.  638 

in  all,  and  on  the  final  hearing,  shall  make  such  changes  in 
the  proposed  boundaries  as  they  may  find  to  be  proper  and 
shall  establish  and  define  such  boundaries,  and  shall  ascer- 
tain and  determine  liow  many  inhabitants  reside  within 
such  boundaries;  provided,  that  any  changes  made  by  said 
board  of  Supervisors  shall  not  include  any  t<  rritory  outside 
of  the  boundaries  di  scribed  in  such  petition.  The  bound- 
aries so  established  by  the  board  of  supervisors  shall  be 
the  boundaries  of  such  municipal  corporation  until  by  ac- 
tion, authorized  by  law  for  the  annexation  of  additional  ter- 
ritory to,  or  l!  of  t<  rritory  from,  said  municipal  cor- 
poration, such  boundaries  shall  be  changed;  provided,  when- 
ball  appt  ar  to  the  hoard  of  supervisors  that  the 
boundaries  of  any  municipal  corporation  have  been  incor- 
|y  described,  th  board  shall  direct  the  county  surveyor 
to  ascertain  and  r.  ori  a  description  of  the  boundaries.  The 
board  of  supervisors  shall,  at  their  first  regular  meeting  after 
tin  filing  of  thi  report  of  the  county  surveyor,  cause  notice 
to  l"  published  in  some  n  r  published  in  the  coun- 
ty, that  the  report  will  be  acted  upon  at  the  next  regular 
meeting  of  fhe  board,  and  at  said  meeting  the  board  shall 
ratify  tt  if  the  county  surveyor,  with  such  modifica- 
tions as  they  shall  deem  necessary,  and  the  boundaries  so 
establish)  d  shall  be  the  legal  boundaries  of  said  municipal 
corporation.  They  shall  then  give  notice  of  an  election  to 
be  held  in  such  pro;-  rporation  for  the  purpose  of 
rmining  wb<  ther  the  same  shall  become  incorporated. 
Such   notice   shall    particularly   describe    the   boundaries   so 

established,  and  shall  state  the  name  of  such  proposed  cor- 
tion,  and  the  nnmbi  r  of  inhabitants  so  ascertained  to 
reside  therein,  and  the  same  shall  be  published  for  at  least 
two  w  i ■■  -  prioT  to  sueh  election,  in  a  newspaper  printed 
and  published  within  such  boundaries,  or  posted  for  the 
same  period  in  at  least  four  public  places  therein.  Such 
notice  shall  require  the  Vot<  rs  to  cast  ballots,  which  shall 
contain  the  words  ''For  incorporation."  or  ''Against  in- 
corporation," or  words  equivalent  thereto,  and  also  the 
nanus  of  persons  voted  for  to  fill  the  various  elective  mu- 
nicipal offices  prescribed  by  law  for  municipal  corporations 
of  the  class  to  which  such  proposed  corporations  will  be- 
long. [Amendment  approved  March  19,  1889,  Stats.  1889,  p. 
371.     Tn   effect  immediately.] 

Election,   how  conducted. 

Sec.   3.     Such     elections    shall     be     conducted     in    accord- 


639  MUNICIPAL    CORPORATIONS.  Act  2348,  §  i 

ance  with  the  general  election  laws  of  the  state,  and  no 
person  shall  be  entitled  to  vote  thereat  unless  he  shall  be 
a  qualified  elector  of  the  county,  enrolled  upon  the  great 
register  thereof,  and  shall  have  resided  within  the  limits  of 
such  proposed  corporation  for  at  least  sixty  days  next  pre- 
ceding such  election.  The  board  of  supervisors  shall  meet 
on  the  Monday  next  succeeding  such  election,  and  proceed 
to  canvass  the  votes  cast  thereat;  and  if,  upon  such  canvass, 
it  appears  that  the  majority  of  the  votes  cast  are  for  the 
incorporation,  the  board  shall,  by  an  order  entered  upon 
their  minutes,  declare  such  territory  duly  incorporated  as 
a  municipal  incorporation  of  the  class  to  which  the  same 
shall    belong,    under    the    name    and    style    of    the    city    (or 

town,  as  the   case   may  be)    of  (naming  it),   and   shall 

declare  the  person [s]  receiving,  respectively,  the  highest 
number  of  votes  for  such  several  offices  to  be  duly  elected 
to  such  offices.  Said  board  shall  cause  a  copy  of  such  order, 
duly  certified,  to  be  filed  in  the  office  of  secretary  of  state, 
and  from  and  after  the  date  of  such  filing,  such  incorpora- 
tion shall  be  deemed  complete,  and  such  officers  shall  be 
entitled  to  enter  immediately  upon  the  duties  of  their  re- 
spective offices,  upon  qualifying  in  accordance  with  law, 
and  shall  hold  such  offices  respectively  only  until  the 
next  general  municipal  election  to  be  held  in  such  city 
or  town,  and  until  their  successors  are  elected  and  qualified; 
and  it  shall  not  be  necessary  in  any  action,  civil  or 
criminal,  to  plead  and  prove  the  organization  or  existence 
of  such  corporation,  and  the  courts  shall  take  judicial  cog- 
nizance thereof  without  proof.  [Amendment  approved 
March  19,  1889.     Stats.  1889,  p.  372.     In  effect  immediately.] 

How  incorporated  city  or  town  may  incorporate  under  this 
law. 
Sec.  4.  The  common  council,  board  of  trustees,  or  other 
legislative  body  of  any  city  or  county,  city,  or  town,  or- 
ganized or  incorporated  prior  to  the  first  day  of  January, 
eighteen  hundred  and  eighty,  at  twelve  o  'clock,  meridian, 
shall,  upon  receiving  a  petition  therefor,  signed  by  not  less 
than  one-fifth  of  the  qualified  electors  of  such  city  and 
county,  city  or  town,  as  shown  by  the  vote  cast  at  the  last 
municipal  election  held  therein,  submit  to  the  electors  of 
such  city  and  county,  city,  or  town,  at  the  next  general 
election  to  be  held  therein,  the  question  whether  such  city 
and  county,  city,  or  town  shall  become  organized  under  the 
general    laws    of    the    state    relating    to    municipal    corpora- 


Act  2348,   5  4  MUNICIPAL    CORPORATIONS.  MC 

tions  of  the  class  to  which  such  city  and  county,  city,  or 
town  may  belong.  Notice  that  such  question  will  be  so 
submitted  shall  bo  given  by  publication  in  a  newspaper 
printed    and    published   in    sueh    city   and    county,   city,   or 

town;  or  if  tin  re  be  no  newspaper  printi  d  and  published 
therein,  by  printing  and  posting  the  BUM  in  at  least  fonr 
piublic  places  therein,  including  the  place  or  places  where 
such  election  is  to  be  held.  Bach  notice  shall  In  so  pub- 
lished or  posted  for  at  least  four  weeks  prior  to  such 
election,  and  shall  also  be  made  a  part  of  the  gl  Bi  ral  eleo< 
tion  notice.  Such  notice  shall  distinctly  state  the  proposi- 
tion to  be  so  submitted,  and  shall  designate  the  class  to 
which  such  corporation  belongs,  and  shall  invite  tin  eh  >■- 
tors   thereof    to   vote   upon    such    proposition    by    placing   apod 

their  ballots  the  words  "For  reorganization,"  or  "  Igainsl 

reorganization,"  or  words  equivalent  thereto.  The  votes 
so  cast  shall  be  canvassed  at  tin  tinn  ami  in  the  manner 
in  which  the  other  votes  cast  at  such  (lection  are  can- 
vassed. If,  upon  such  canvas-,  a  majority  of  all  the  elec- 
tors voting  at  such  flection  shall  be  found  to  have  voted 
for  such  reorganization,  the  said  council,  board,  or  other 
legislative  body  shall,  by  an  order  entered  upon  their  min- 
utes, cause  their  clerk,  or  other  officer  performing  the  duties 
of  clerk,  to  make  and  transmit  to  the  secretary  of  state  a 
tied  abstract  of  such  vote;  which  abstract  shall  show 
the  whole  number  of  electors  voting  at  such  election,  th< 
number  of  votes  cast  for  reorganization,  and  the  number 
of    votes    cast    against    reorganization.      Said    council,    hoard. 

or  other  legislative  body  shall  immediately  thereafter  call 
a  special  election  for  the  election  of  the  officers  required 
by  law  to  be  elected  in  corporations  of  the  class  to  which 
such    city    and    county,    city,    or    town    shall    belong,    which 

•  •lection  shall  be  In  Id  within  six  weeks  thereafter)  Such 
election  shall  be  held  in  all  respects  in  the  manner  pr< 
scribed,  or  that  may  hereafter  be  proscribed,  by  law  for 
municipal  elections  in  corporations  of  such  class,  and  shall 
be  canvassed  by  the  council,  board,  or  other  legislative 
body  calling  the  same,  who  shall  immediately  declare  the 
result  thereof,  and  cause  the  same  to  be  entered  upon  their 
journal.  From  and  after  the  date  of  such  entry,  such  cor- 
poration shall  be  deemed  to  be  organized  under  such  gen- 
eral laws,  under  the  name  and  style  of  the  city  and  county 

(or  city  or  town  as  the  case  may  be)   of  (naming  it), 

with  the  powers  conferred,  or  that  may  hereafter  be  con- 
ferred, by  law  upon   municipal   corporations  of  the  class   to 


641  MUNICIPAL   CORPORATION'S.  Act  2348,  5  {  5.  S 

which  the  same  may  belong;  and  the  officers  elected  at 
such  election  shall  be  entitled  immediately  to  enter  upon 
the  duties  of  their  respective  offices,  upon  qualifying  in 
accordance  with  law,  and  shall  hold  such  offices,  respectivply, 
only  until  the  next  general  municipal  eleetion  to  be  held 
in  such  city  and  county,  city,  or  town,  and  until  their  suc- 
cessors are  elected  and  qualified. 

Effect  of  reincorporation. 

Sec.  5.  Any  city  and  county,  city  or  town  organized  un- 
der the  provisions  of  section  four  of  this  act.  shall,  for 
all  purposes,  be  deemed  and  taken  to  be  in  law  the  identi- 
cal corporation  theretofore  incorporated  and  existing;  and 
such  reorganization  shall  in  no  wise  affect  or  impair  the  title 
to  any  property  owned  or  held  by  such  corporation,  or  in 
trust  therefor,  or  any  debts,  demands,  liabilities,  or  obliga- 
tions existing  in  favor  of  or  against  such  corporation,  or 
any  proceeding  then  pending;  nor  shall  the  same  operate 
to  repeal  or  affect  in  any  manner  any  ordinance  theretofore 
passed  or  adopted  and  remaining  unrepealed,  or,  to  dis- 
charge any  person  from  any  liability,  civil  or  criminal,  then 
existing,  for  any  violation  of  any  such  ordinance;  but  such 
ordinances,  so  far  as  the  same  are  not  in  conflict  with  such 
general  laws,  shall  be  and  remain  in  force  until  repealed  or 
amended  by  competent  authority;  provided,  that  proceed- 
ings theretofore  commenced  shall,  after  such  reorganization, 
be  conducted  in  accordance  with  the  provisions  of  such 
general  laws. 

Duty  of  outgoing  officers. 

Sec.  6.  As  soon  as  the  officers  elected  under  the  pro- 
visions of  either  section  three  or  section  four  of  this  act 
shall  have  qualified  in  accordance  with  law,  all  persons,  if 
any,  then  in  possession  of  the  offices  of  such  corporation, 
shall  immediately  quit  and  surrender  up  the  possession  of 
such  offices  and  shall  deliver  to  the  officers  so  elected  all 
moneys,  books,  papers,  or  other  things  in  their  official  cus- 
tody, and  all  property  of  such  corporation  in  their  hands, 
notwithstanding  that  the  terms  of  office  for  which  they 
were  respectively  elected  or  appointed  may  not  then  have 
expired;  and  all  officers,  boards,  and  persons  holding  any 
property  in  trust  for  any  public  use,  the  administration  of 
which  use  is  vested  by  such  general  laws  in  such  corpora- 
tion, or  in  any  of  its  officers,  shall,  upon  demand  from  such 
corporation  or  such  officers,  convey  such  property  to  such 
Gen.  Laws— 41 


•ict  234S.  §  7  MUNICIPAL    CORPORATIONS.  642 

'>r,ioration  or  such  officers,  by  good  and  sufficient  deeds  of 
conveyance,  in   trust  for  such   public   use 

Boundary,  how  changed. 

s.  c.  7.  The  boundaries  of  any  municipal  corporation 
may  he  altered,  and  new  territory  include  el  therein,  after 
proceedings  bad  as  required  in  this  section.  The  coancil, 
board  of  trustees,  or  |  Blative  body  of  such  corpo- 

ration shall,  upon  receiving  a  petition  therefof,  signed  by 
not  less  than  one-fifth  rualified  electors  thereof,  as 

shown  by  the  vote  e-ast  at  the  last  municipal  election  held 
therein,  submit  to  the  electors  of  such  corporation,  and  to 
the  ('lectors  residing  in  the  b  rritory  propowd  by  Bubh 
petition  to  be  annexed  to  such  corporation,  tin  question 
whether  suih  territory  shall  be  annexed  to  Bueh  corpora- 
tion and  become  a  pari  thereof-.  Bucta  question  shall  be 
sulnnitttd    at    a    sp-  'ion,    to    be    held    for    that    pur- 

Buch    legislative    body   shall    give    notice    ther< 

by  publication  in  a  newspapi  r  printed  and  published  in 
such  corporation,  and  also  in  a  Dewspapet  printed  and  pub- 
lished  outside  of  such  corporation,  and  in  the  county  in 
which  BUCh  territory  so  proposed  to  !••  annexed  is  situated, 
in   both   cases   for  a   period   Of  four    weeks  prior   to   such   el.-, 

tion.  Such  notice  shall  distinctly  state  the  proposition  to 
be  so  submitted,  and  shall  designate  Bpeeifleally  the  bound- 
aries of  the  territory  so   proposed   to  be  annexed;  and  the 

■  is  shall  be  invited  thereby  to  vote  upon  such  pi 
sition,  by  placing  upon  tin  ir  ballots  the  words  "For- 
mation,'- or  ■  annexation,"  or  .iva- 
lent  tlnrc  to.  Such  legislative  body  Shall  the 
place  or  places  *J  which  the  polls  will  be  opened  in  such 
territory  so  proposed  to  be  annexed,  which  place  or  p]  . 

shall   be   that   or    those   usually    used    for    thai    purpose-    within 

sucii  territory,  if  any  Buch  there  be.  Such  legislative  body 
shall  also  appoint  and  designate  in  such  notice  the  i 
of  the  officers  of  election.  Such  legislative  body  shall 
meet  on  the  Monday  next  succeeding  the  <lay  of  such  elec- 
tion, and  proceed  to  •  thereat  The 
votes  cast  in  such  territory  so  proposed  to  be  annexed  shall 
be  canvassed  separately,  and  if  it  shall  appear  upon  such 
canvass  that  a  majority  of  all  the-  iu  such  ter- 
ritory and  a  majority  of  all  the-  votes  casl  in  Bu*h  cor] 
tion  shall  be  for  annexation,  Buch  legislative  body  shall,  bv 
an  order  entered  upon  their  minutes,  cause  their  clerk,  o"r 
other   office  r    performing   the   duties  of   clerk,   to   make   and 


643  MUNICIPAL    CORPORATIONS.  Act  2348,  §  8 

transmit  to  the  secretary  of  state  a  certified  abstract  of  such 
vote;  which  abstract  shall  show  the  whole  number  of  elec- 
tors voting  in  such  territory,  the  whole  number  of  electors 
voting  in  such  corporation,  the  number  of  votes  cast  in 
each  for  annexation  and  the  number  of  votes  cast  in  each 
against  annexation.  From  and  after  the  date  of  the  filing 
of  such  a  stract,  such  annexation  shall  be  deemed  com- 
plete, and  thereafter  such  territory  shall  be  and  remain  a 
part  of  such  corporation;  provided,  that  no  property  within 
such  territory  so  annexed  shall  ever  be  taxed  to  pay  any 
portion  of  any  indebtedness  of  such  corporation,  contracted 
prior  to  or  existing  at  the  date  of  such  annexation.  If  the 
territory  so  proposed  to  be  annexed  consists,  in  whole  or  in 
part,  of  any  municipal  corporation,  or  part  thereof,  such 
territory  shall  not  be  annexed  under  the  provisions  of  this 
section. 

Municipal   corporations,  how  consolidated. 

Sec.  8.  Two  or  more  contiguous  municipal  corporations 
may  become  consolidated  into  one  corporation  after  pro- 
ceedings had  as  required  in  this  section.  The  council,  boarJ 
of  trustees,  or  other  legislative  body  of  either  of  &ucn 
corporations  shall,  upon  receiving  a  petition  therefor,  signed 
by  not  less  than  one-fifth  of  the  qualified  electors  of  each 
of  such  corporations,  as  shown  by  the  votes  cast  at  the 
last  municipal  election  held  in  each  of  such  corporations, 
submit  to  the  electors  of  each  of  such  corporations  the 
question  whether  such  corporations  shall  become  consoli- 
dated into  one  corporation.  Such  legislative  body  shall 
designate  a  day  upon  which  a  special  election  shall  be  held 
in  each  of  such  corporations  to  determine  whether  such  con- 
solidation shall  be  effected,  and  shall  give  written  notice 
thereof  to  the  council,  board  of  trustees,  or  other  legisla- 
tive body  of  each  of  the  other  of  such  corporations,  which 
notice  shall  designate  the  name  of  the  proposed  new  cor- 
poration. It  shall  thereupon  be  the  duty  of  such  legisla- 
tive body  of  each  of  the  corporations  so  proposed  to  be 
consolidated  to  give  notice  o±  such  election,  by  publication 
in  a  newspaper  printed  and  published  in  such  corporation, 
for  a  period  of  four  weeks  prior  to  such  election.  Such  no- 
tice shall  distinctly  state  the  proposition  to  be  so  submitted, 
the  name  of  the  corporations  so  proposed  to  be  consolidated, 
the  name  of  the  proposed  new  corporation,  and  the  class  to 
which  such  proposed  new  corporation  will  belong;  and  shall 
invite  the  electors  to  vote  upon  such  proposition  by  placing 


Act  2348,  j8  MUNICIPAL  CORPORATIONS.  64-1 

upon  their  ballots  the  words  "For  consolidation,"  or 
"Against  consolidation,"  or  words  equivalent  thereto.  The 
legislative  bodies  of  each  of  such  corporations  shall  met  t 
in  joint  convention  at  the  usual  place  of  meeting  01  the 
lcjrislative  body  of  that  one  of  such  corporations  having  tie 
greatest    population,   as  shown   by   the   last    federal    census. 

on  the  Monday  next  succeeding  the  day  of  such  election. 
and  proceed  to  canvass  the  votes  cast  thereat.  The  v.. 
cast  in  each  of  such  corporations  shall  be  canvassed  s.-pa 
rately;  and  if  it  shall  appear  upon  such  canvass  that  a 
majority  of  the  votes  cast  in  earth  of  such  corporations 
shall  be  for  consolidation,  such  joint  convent  ion.  by  ST 
order  entered  upon  their  minutes,  shall  car -e  the  clerk,  or 
other  officer  performing  the  duties  of  clerk,  of  the  legisla- 
tion body  at  whose  [dace  of  meeting  such  joint  convention 
is    held,    to    make    a    certified    abstract    of    such    vote;    which 

abstract  shall  show  the  whole  number  of  electors  voting  at 

such  election  in  each  of  such  corporations,  the  number  of 
TOtefl  cast  in  each  for  consolidation,  and  the  number  of 
votes  cast  in  each  against  consolidation.  Such  abstract  shall 
be  recorded  upon  the  minutes  of  the  legislative  body  of 
each  of  such  corporations:  and  immediately  upon  the  rec- 
ord thereof,  it  shall  be  the  duty  of  the  clerk,  or  other  of- 
ficer performing  the  duties  of  clerk,  of  each  of  such  It 
lative  bodies  to  transmit  to  the  secretary  of  Btate  I  sex 
tilled  copy  of  such  abstract.  Immediately  after  such  filing, 
the  legislative  body  of  that  one  of  such  corporations  having 
the  greatest  population,  as  shown  by  the  Ias1  federal  census, 
shall  call  a  Special  election,  bo  be  held  in  such  new  corpora- 
tion for  the  election  of  the  officers  r<  quired  by  law  to  be 
elected  in  corporations  of  the  class  to  which  such  new  cor- 
poration shall  belong,  which  election  shall  be  held  within 
six  months  thereafter.  Such  election  shall  be  called  and 
conducted  in  all  respects  in  the  manner  prescribed,  or  that 
may  hereafter  be  prescribed,  by  law  for  municipal  elections 
in  corporations  of  such  class,  and  shall  be  canvassed  by  the 
legislative  body  so  calling  the  same,  who  shall  immediately 
declare  the  result  then  of,  and  cause  the  same  to  be  en- 
tered upon  their  journal.  From  and  after  the  date  of  such 
entry,  such  corporations  shall  be  deemed  to  be  consolidated 
iuto  one  corporation,  under  the  name  and  style  of  the  city 
and  county   (or  city  or  town   as  the   case   may  be)   of  


S45  MUNICIPAL    CORPORATIONS.  Act  2348,  }  9 

(naming  it),  with  the  powers  conferred,  or  that  may  here- 
after be  conferred,  by  law  upon  municipal  corporations  of 
the  class  to  which  the  same  shall  so  belong;  and  the  officers 
elected  at  such  election  shall  be  entitled  immediately  to 
enter  upon  the  duties  o'  their  respective  offices,  upon  quali- 
fying in  accordance  with  law,  and  shall  hold  such  offices, 
respectively,  only  until  the  next  general  municipal  election 
to  be  held  in  such  city  and  county,  city,  or  town,  and  until 
their  successors  are  elected  and  qualified.  All  the  provis- 
ions of  sections  five  and  six  of  this  act  shall  apply  to  such 
corporation  and  to  the  officers  thereof;  provided,  that  no 
property  within  either  of  the  former  corporations  so  con- 
solidated shall  ever  be  taxed  to  pay  any  portion  of  any 
indebtedness  of  either  of  the  other  of  such  former  corpora- 
tions contracted  prior  to  or  existing  at  the  date  of  such 
consolidation. 

Sec.  9.  The  city  clerk  of  each  municipal  corporation 
and  the  city  recorder  of  each  municipal  corporation  where 
there  is  no  city  clerk  shall  have  the  powers  and  shall  per- 
form the  duties  of  a  rtgistrar  within  such  municipality  which 
are  prescribed  and  required  by  the  provisions  of  an  act  en- 
titled, ' '  An  act  for  the  registration  of  deaths,  the  issuance 
and  registration  of  burial  and  disinterment  permits,  and 
the  establishment  of  registration  districts  in  counties,  cities 
and  counties,  cities,  and.  incorporated  towns,  under  the  su- 
perintendence of  the  state  bureau  of  vital  statistics  and  pre- 
scribing the  powers  and  duties  of  registrars,  coroners,  phy- 
sicians, undertakers,  sextons  and  otner  persons  in  relation 
to  such  registration  and  fixing  penalties  for  the  violation 
of  this  act. ' ' 

Section    2    of    the    act    adding    section    9    is    as    follows: 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  or  inconsis- 
tent with  tnis  act  are  hereby  repealed.  [Amendment  ap- 
proved March  20,  1905;  Stats.  1905,  p.  408.  In  effect  March 
31st,  1905.] 


§§  13  21  MUNICIPAL    CORPORATIONS.  646 

CHAPTER  n. 

MT-NTCIPAL    CORPORATIONS    OF    THE    FIRST    CLASS. 

(Cities  having  a  population  of  more  than  100,000.) 

Article  I. — General  Powers. 

First  Class. 

Sec.   19.     Every  municipal   corporation  of   the   first     class 

shall   be   entitled   the   city   and   county  of  ,   or   the   city 

of  (naming  it),  as  the  case  may  be,  and  by  such  name 

shrill  have  perpetual  succession,  may  sue  and  be  sued  in 
all  courts  and  places,  nnd  in  all  proceedings  whatever;  shall 
have  and  use  a  common  seal,  alterable  at  the  pleasure  of  the 
city  authorities,  and  may  purchase,  lease,  receive,  hold,  and 
enjoy  real  and  personal  property,  and  control  and  dispose 
of  the  same  for  the  common  benefit. 

Article  IT. — General  Provisions  Relating  to  Officers. 

Names,  numbers,  and  terms  of  officers. 

Sec.  20.  There  shall  be  elected  by  the  qualified  voters 
of  such  city,  or  city  and  county,  at  the  general  state  elec- 
tion to  be  held  on  the  first  Tuesday  after  the  first  Monday 
of  the  month  of  November  in  each  even-numbered  year, 
the  following  officers,  viz:  A  mayor,  sheriff,  auditor,  tax 
collector,  treasurer,  county  clerk,  recorder,  district  attorney, 
city  or  city  and  county  attorney,  coroner,  surveyor,  super- 
intendent of  streets,  twelve  school  directors,  six  justices  of 
the  peace,  public  administrator,  and  two  police  judges,  who 
shall  hold  office  for  two  years.  The  terms  of  such  officers 
shall  commence  on  the  first  Monday  after  the  first  day  of 
January  next  following  their  election.  Also,  twelve  alder- 
men, in  the  manner,  and  who  shall  hold  office,  as  provided 
in  section  forty-one  of  this  chapter,  and  twelve  assistant 
aldermen,  who  shall  hold  office  as  provided  in  section  forty- 
three  of  this  chapter. 

What  offices  kept  open. 

Sec.  21.  The  mayor,  sheriff,  county  clerk,  county  record- 
er,   treasurer,    district    attorney,    auditor,    tax    collector,    as 


647  MUNICIPAL    CORPORATIONS.  Act  234S,  §  §  "2,  S3 

sessor,  city  or  city  and  county  attorney,  superintendent  of 
streets,  and  surveyor  shall  keep  public  offices,  which  shall 
be  kept  open  for  the  transaction  of  business  every  day  in 
the  year  except  Sundays,  Christmas,  New  Year's,  Fourth 
of  July,  Thanksgiving,  the  twenty-second  of  February,  and 
on  any  days  during  which  a  general  election  shall  be  held, 
between  the  hours  of  nine  o'clock  A.  M.  and  five  o'clock 
P.  M. 

Manner  of  filling  vacancies. 

Sec.  22.  Whenever  vacancies  occur  in  any  of  the  elec- 
tive offices  of  such  city,  or  city  and  county,  and  provision 
is  not  otherwise  made  in  this  or  some  other  act  for  filling 
the  same,  the  mayor  shall  appoint,  .subject  to  the  confirma- 
tion of  the  board  of  aldermen,  a  person  to  discharge  the 
duties  of  such  office  until  the  next  election,  when  the  va- 
cancy shall  be  filled  by  election  for  the  unexpired  term.  All 
persons  so  appointed  shall,  before  entering  upon  their  du- 
ties, take  the  oath  of  office,  and  give  bonds  a3  required  by 
law. 

What  fees  paid  out  of  treasury." 

Sec.  23.  No  fees  or  compensation  to  be  paid  out  of  the 
treasury,  other  than  those  expressly  allowed  in  this  chapter, 
shall  be  allowed  or  received  by  any  officer  of  such  city,  or 
city  and  county,  or  of  any  district,  or  other  subdivision 
thereof;  nor  shall  any  allowance  or  provision  be  made  for 
them,  or  any  of  them,  at  the  public  expense  beyond  the 
fixed  compensation  herein  provided  under  the  name  of  office 
rent,  fuel,  lights,  stationery,  contingencies,  extra  services, 
or  otherwise,  except  the  compensation  or  percentage  allowed 
to  the  tax  collector  and  to  the  assessor  in  the  collection  of 
poll-taxes,  and  except  that  the  necessary  and  proper  books, 
stationery,  and  official  blanks  may,  at  the  discretion  of  the 
municipal  council,  be  purchased  and  supplied  for  all  the 
courts  of  such  city,  or  city  and  county,  its  officers,  munici- 
pal council,  and  other  boards,  and  officers,  the  expense 
whereof,  when  the  amount  in  each  particular  case  shall 
have  been  previously  authorized  and  fixed  by  the  municipal 
council,  may  be  paid  out  of  the  general  fund,  upon  demand 
upon  the  treasury  duly  audited,  as  in  this  chapter  provided. 


A.ct2MB,  g|  94.  21         MTTNICIPAL    CORPORATIONa  MS 

Bunds,  how  given. 

Bee.  24.  All  officers  of  such  city,  or  city  and  county, 
must,  before  they  can  inter  upon  their  official  duties,  give 
a  bond  as  required  by  law.  The  bonds  and  suretus  of  such 
officers  must  be  approved  by  the  president  of  the  board  of 
aldermen,  auditor,  and  a  judge  of  the  superior  court,  in  and 
for  such  city  and  county,  or  in  and  for  the  county  in  which 
such  city  may  be  situated.  When  the  amount  of  such  offi- 
cial bond  of  the  auditor  shall  be  filled  and  kept  in  the  of- 
tiicipal  council.  No  banker  residing  or  doing  business  in 
such  city,  or  city  and  county,  nor  any  such  banker's  partner, 
clerk,  employee,  agent,  attorney,  father,  or  brother,  shall 
be  received  as  surety  for  the  treasurer,  mayor,  sheriff,  au- 
ditor, or  any  officer  having  the  collection,  custody,  or  dis- 
bursement of  money.  No  person  can  be  admitted  as  surety 
on  any  such  bond  unless  he  be  worth,  in  fixed  property,  in- 
cluding mortgages,  situated  in  such  city,  or  city  and  county, 
the  amount  of  his  undertaking  over  and  above  all  sums  for 
which  he  is  already  liable,  or  in  any  manner  bound,  whether 
as  principal,  indorser,  or  security,  or  whether  such  prior  ob- 
ligation or  liability  be  conditional  or  absolute,  liquidated, 
or  unliquidated,  certain  or  contingent,  due  or  to  become 
due.  All  persons  offered  as  sureties  on  official  bonds  must 
be  examined  on  oath  touching  their  qualifications.  The  offi- 
cial bond  of  the  auditor  shall  be  fixed  and  kept  in  the  of- 
fice of  the  clerk  of  such  city,  or  city  and  county.  All  other 
official  bonds  shall  be  filed  and  kept  in  the  office  of  the 
auditor;  provided  that  the  bonds  and  sureties  of  the  mayor 
must  be  approved  by  the  chairman  of  the  house  of  assistant 
aldermen,  auditor,  and  a  judge  of  the  superior  court  in  and 
for  such  city  and  county,  or  in  and  for  the  county  in  which 
such  city  may  be  situated;  and  that  the  bonds  and  sureties 
of  the  auditor  must  be  approved  by  the  president  of  the 
board  of  aldermen,  the  chairman  of  the  house  of  assistant 
aldermen,  and  a  judge  of  the  superior  court  in  and  for 
Buch  city  and  county,  or  in  and  for  the  county  in  which  such 
city  may  be  situated. 


Compensation. 

Sec.  25.  The  compensation  or  salary  of  any  officer  pro 
vided  for  in  this  Chapter  shall  not  be  increased  or  reduced 
after  his  election  or  during  his  term  of  office. 


ro- 


649  MUNICIPAL,    CORPORATIONS.  Act  2348,  §  26 

Salaries. 

See.  26.  The  salaries  of  the  officers,  clerks,  deputies,  or 
employees  of  such  city  and  county,  except  as  otherwise  in 
this  chapter  provided,  shall  be  as  follows,  and  payable  in 
monthly  installments  at  the  end  of  each  and  every  month 
viz.:     . 

Mayor  and  clerk. 

1.  The  salary  of  the  mayor  shall  be  four  thousand  dollars 
per  annum;  he  may  appoint  a  clerk,  to  be  known  as  the 
mayor's  clerk,  whose  salary  shall  be  one  thousand  eight  hun- 
dred dollars  per  annum. 

Sheriff,  deputies,  attorney,  etc. 

2.  The  salary  of  the  sheriff  shall  be  six  thousand  dollars 
per  annum;  he  may  appoint  one  under-sheriff,  whose  salary 
snail  be  two  thousand  four  hundred  dollars  per  annum;  one 
book-keeper,  whose  salary  shall  be  two  thousand  four  hun- 
dred dollars  per  annum;  he  may  appoint  twenty-five  depu- 
ties, each  of  whom  shall  receive  a  salary  of  one  thousand 
six  hundred  dollars  per  annum,  one  of  which  said  deputies 
shall  be  assigned  to  and  perform  the  duties  of  assistant 
book-keeper;  sixteen  deputies,  whose  salaries  shall  be  one 
thousand  five  hundred  dollars  per  annum;  one  counsel,  who 
shall  be  an  attorney  of  the  supreme  court  of  the  state,  whose 
salary  shall  be  one  thousand  eight  hundred  dollars  per-  an- 
num; one  matron,  whose  salary  shall  be  nine  hundred  dol- 
lars per  annum;  one  driver  of  prison  wagon,  whose  salary 
shall  be  nine  hundred  dollars  per  annum. 

Auditor  and  deputies. 

3.  The  salary  of  the  auditor  shall  be  four  thousand  dollars 
per  annum;  he  may  appoint  one  deputy,  whose  salary  shall 
be  two  thousand  four  hundred  dollars  per  annum;  and  two 
clerks  at  a  salary  of  one  thousand  six  hundred  dollars  per 
annum  each.  , 

Treasurer  and  deputies. 

4.  The  salary  of  the  treasurer  shall  be  four  thousand  dol- 
lars per  annum;  he  may  appoint  one  chief  deputy,  whose 
salary  shall  be  two   thousand   four   hundred   dollars  per   an- 


\ct  2348,  §  26  MUNICIPAL    CORPORATIONS.  G50 

num,   and   one   deputy,  whose   salary  shall   be   two   thousand 
one  hundred  dollars  per  annum. 

Tax  collector,  deputies,   etc. 

5.  The  salary  of  the  tax  collector  shall  be  four  thousand 
dollars  per  annum;  he  may  appoint  one  chief  deputy,  one 
cashier,  each  of  whom  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum,  and  ten  permanent  deputies,  whose 
salary  shall  be  one  thousand  six  hundred  dollars  per  annum 
each. 

Assessor,   deputies,  etc 

6.  The  salary  of  the  assessor  shall  be  four  thousand  dol- 
lars per  annum;  he  may  appoint  one  chief  office,  deputy, 
one  chief  field  deputy,  and  one  head  draughtsman,  each  of 
whom  shall  receive  a  salary  of  two  thousand  dollars  per 
annum;  an  assistant  draughtsman,  who  shall  receive  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum; 
and  eleven  office  deputies,  each  of  whom  shall  receive  a 
salary  of  one  thousand  eight  hundred  dollars  per  annum. 
He  may  also  appoint  such  additional  deputies  as  may  be 
allowed  by  the  municipal  council,  at  salaries  not  to  exceed 
five  dollars  per  day  each,  for  such  time  as  they  may  be 
employed. 

Recorder,   deputies,    etc 

7.  The  salary  of  the  recorder  shall  be  three  thousand  dol- 
lars per  annum;  he  may  appoint  one  chief  deputy,  whose 
salary  shall  be  two  thousand  four  hundred  dollars  per  an- 
num, and  two  deputies,  each  of  whom  shall  receive  a  salary 
of  one  thousand  eight  hundred  dollars  per  annum;  also,  two 
porters,  who  shall  perform  the  duties  of  watchmen;  each 
of  whom  shall  receive  a  salary  of  nine  hundred  dollars  per 
annum. 

County  clerk,  deputies,  etc 

8.  The  salary  of  the  county  clerk  shall  be  four  thousand 
dollars  per  annum;  he  may  appoint  deputies  as  follows: 
one  chief  deputy,  whose  salary  shall  be  two  thousand  four 
hundred  dollars  per  annum;  twelve  courtroom  clerks,  twelve 
registry  clerks,  each  of  whom  shall  receive  a  salary  of  one 


651  MUNICIPAL    CORPORATIONS.  Act  2348,  §  2G 

thousand  eight  hundred  dollars  per  annum;  twelve  assistant 
registry  clerks,  each  of  whom  shall  receive  a  salary  of  one 
thousand  five  hundred  dollars  per  annum;  and  twelve 
copyists,  each  of  whom  shall  receive  a  salary  of  one  thou- 
sand six  hundred  dollars  per  annum;  and  such  county  clerk, 
when  the  exigencies  of  his  office  shall  require,  may,  in  his 
discretion,  employ  such  additional  copyists  as  shall  be  nec- 
essary, at  a  compensation  not  to  exceed  three  dollars  per 
day  for  the  days  of  actual  service;  provided,  said  number 
shall  not  exceed  at  any  one  time  three  copyists  for  each 
judge  of  the  superior  court,  to  be  paid  from  the  treasury 
in  the  same  manner  as  the  salaries  herein  provided  for  are 
to  be  paid. 

District  attorney,  assistants,  etc. 

9.  The  salary  of  the  district  attorney  shall  be  five  thou- 
sands dollars  per  annum;  he  may  appoint  two  assistants, 
who  shall  be  attorneys  of  the  supreme  court  of  this  state, 
each  of  whom  shall  reeeive  a  salary  of  two  thousand  four 
hundred  dollars  per  annum,  and  two  clerks,  who  shall  be 
attorneys  of  the  supreme  court  of  the  state,  each  of  whom 
shall  receive  a  salary  of  one  thousand  five  hundred  dollars 
per  annum. 

City  and  county  attorney  and  assistants. 

10.  The  salary  of  the  city,  or  city  and  county,  attorney 
shall  be  four  thousand  dollars  per  annum;  he  may  appoint 
two  assistants,  who  shall  be  attorneys  of  the  supreme  court 
of  this  state,  each  of  whom  shall  receive  a  salary  of  two 
thousand  four  hundred  dollars  per  annum;  and  one  copyist, 
who  shall  receive  a  salary  of  nine  hundred  dollars  per  an- 
num. 

Coroner  and  deputies. 

11.  The  salary  of  the  coroner  shall  be  three  thousand  dol- 
lars per  annum;  he  may  appoint  two  deputies,  one  to  act 
as  first  deputy,  whose  salary  shall  be  one  thousand  six  hun- 
dred dollars  per  annum,  the  other  to  act  as  second  deputy 
and  whose  salary  shall  be  one  thousand  five  hundred  dollars 
per  annum;  and  one  messenger,  to  take  charge  of  the  dead- 
wagon,   and   perform   such   other   duties   as   are   required  by 


Act  23*8,   §26  MUNI'MPAL    CORPORATIONS. 

the  coroner  or  bis  deputies.  The  salary  of  the  messenger 
shall  be  nine   hundred  dollars  per  annum. 

Superintendent   of  ad   <1<  jmt ies. 

12.  The  salary  of  superintendent  of  streets  shall  be  four 
thousand  dollars  per  annum;  be  may  appoint  twenty  depth 
ties;  tbr  I  depotiet  shall  receive  a  salary  of  two 
hundred  dollars  per  month  each,  and  seven  Of  said  deputies 
shall  receive  I  salary  of  one  hundred  and  fifty  dollars  per 
month  each,  and  ten  of  saiil  deputies  shall  rOCC fW  a  salary 
of  one  hundred  and  twenty-five  dollars  jmt  month  each. 

Surveyor. 

13.  The   salary  of  the  city,  or   city   and    county,   sur 
shall  be   four   thousand   dollars    jut   annum;    he    may   app 

as  many  deputies,  not  to  exeeed  lour,  aa  the  municipal  coun- 
cil shall  from  time  to  time  •  1 « ■  t <  rmins  are  SI  SISJSI  f ,  Sfbo 
shall  receive  such  compensation  aa  such  municipal  council 
shall  provide,  not  to  exceed  the  sum  of  five  dollars  per  day 
when  actually  employed. 

Superintendent   of  schools. 

14.  The  salary  of  the  superintendent  of  schools  shall  be 
three   thousand   dollars   per  annum. 

Police  ju 

15.  The  salary  of  each  of  the  police  judges  shall  be  four 
thousand  dollars  per  annum. 

Prosecuting  attorney. 

16.  The  salary  of  the  prosecuting  attorney  of  the  police 
court  shall  be  twenty-four  hundred  dollars  per  annum;  ami 
his  two  assistants  shall  each  receive  a  salary  of  one  thou- 
sand  five   hundred   dollars   per   annum. 

Justices  of  the  peace. 

17.  The  salary  of  the  presiding  justice  of  the  justices' 
court  shall  be  three  thousand  dollars  pel  annum;  and  each 
of  the  other  justices  of  the  peace  shall  receive  a  salary  of 
two   thousand   four  hundred   dollars  per   annum. 


«53  MUNICIPAL    CORPORATIONS.  Act  2348,  5  27 

Clerk  of  the  justices'  court. 

18.  The  salary  of  the  clerk  of  the  justices'  court  shall 
be  two  thousand  four  hundred  dollars  per  annum;  his  two 
deputies  shall  receive  a  salary  of  one  thousand  two  hun- 
dred dollars  annum. 

Collector  of  licenses. 

19.  The  salary  of  the  collector  of  licenses  shall  be  three 
thousand  dollars  per  annum.  He  may  appoint  one  chief 
deputy,  who  shall  receive  one  thousand  eight  hundred  dol- 
lars per  annum,  and  twelve  deputies,  who  shall  receive  a 
Balary  of  one  thousand  five  hundred  dollars  per  annum  each. 

Officers  not  to  be  interested  in  contracts,  etc. 

Sec.  27.  Any  officer  or  commissioner  of  such  city,  or 
city  and  county,  or  any  officer  or  member  of  any  house, 
board,  or  department  of  the  government  thereof,  who  shall 
be  directly  or  indirectly  interested  in,  or  a  beneficiary  or 
participant  of,  the  profits  of  any  contract  made  with  or  for 
such  city,  or  city  and  county,  or  any  board  or  department 
thereof,  or  who  shall  participate  in  the  profits  made  by  any 
person  or  persons  upon  services,  labor,  purchases,  sales,  sub- 
sistence, supplies,  materials,  or  any  article  or  thing  fur- 
nished to  or  done  for  such  city,  or  city  and  county,  or  any 
institution,  public  work,  or  branch,  or  department  of  the 
government  thereof,  or  sold  by  the  same,  which  contract, 
profit,  purchase,  sale,  or  supply  is  made,  or  could  have  been 
made,  influenced,  or  brought  about,  through  or  by  means 
ol  the  official  action  or  conduct  of  such  officer,  commis- 
sioner, or  member  of  such  board,  except  the  official  salary 
or  compensation  of  such  officer,  commissioner,  or  member, 
of  such  board  or  department  provided  expressly  by  law, 
shall  be  deemed  guilty  of  a  felony,  and,  on  conviction  by  any 
court  of  competent  jurisdiction,  punished  accordingly.  Any 
commissioner,  officer,  clerk,  or  other  person  having  custody 
of  or  access  to  any  bids  or  proposals,  whether  sealed  or 
otherwise,  for  supplying  or  furnishing  any  goods,  provisions, 
subsistence,  labor,  material,  printing,  or  other  thing  of  any 
nature,  or  constructing,  cleaning,  repairing  any  work  or 
thing,  or  doing  or  furnishing  anything  whatsoever  to  such 
eity   and   county,   or    any   department,    board,    commissioner, 


Act  2348.  §;  MIM'IPAL    CORPORATIONS.  6TI 

or  officer  thereof,   who  shrill   open  or  examine 

>n    i.t'  such   bids,   proposals,  or  change,  interline,  alter, 
or  otherwisi    tamper  with  I 
out  the  ;  ill  aid,  abi  t, 

permit  ai  before  '>r  in  advance  of  the  time 

eribed   by   law   for  the   opening  thereof,  «r  any   lawful 
t  i in.  .    shall    I-  i    guilty    of    a 

felon  aviation  by  any  court  of  competent  juris- 

diction, shall  be  punished  accordingly'. 

Questions  of  difference,  how 

Sec.  28.     All  question!  of  differences  between  the 
of  such  ■  -      ty  and  county,  a-*  to  tloir  relative  duties, 

may  be  referred  by  •  it )i<  r  of  them  to  the  « sity,  or  city  antl 
county,    attorney,    who    shall    examine   and    determine    such 

questions,  and  his  dl  cision  shall  be  final  as  Li  tween  such 
officers. 

Reports  of  officers. 

Bee.  following  offlc<  rs,  and  the  heads  of  the  fol- 

lowing departments  of  such  cit  and  county,  shall 

report  to  the  municipal  council  on  or  )<■  fore  the  first  day 
of  August  of  each  year  the  condition  of  tin  ir  reapectiye 
departments  during  the  fiscal  year  ending  June  thirtieth 
previous  tinreto,  embracing  all  their  operations  and  expen 
ditures:     Auditor,  i   collector,  county   clerk,  su 

|ierintenden1    of    b<  rtment,      hospital,    alms 

.rk    commissioners.  r.    sheriff,      county    re 

corder,  city,  or  city  and  county  surveyor,  license  collector 
publ:  rm      and      polio       telegraph,      pound 

.  r,    board    of    health,    city    or    city    and    county    attorney 
industrial   school,    police,   coi  dth     officer,     justices 

court,     city-hall     COmmi  bomi      lor     the     eare    of     th< 

inebriate,  board  of  election  directors,  commissioner  of  • 

i  \  .   fr>  e   public  library 
and    the    building  municipal    council.      Im- 

mediately aft*  r  the  tit-1  Monday  in  February,  the  mayor 
and  municipal  council  shall  make  up  and  publish  an  extract 
from  Hose  several  reports  and  other  sources,  of  the  opera 
tions,  expenditures,  and  condition  of  all  departments  of  gov 
eminent  of  such  city,  or  city    and   county. 


C55  MUNICIPAL    CORPORATIONS.  Act  2348,  8 §  40  43 

Article    Ilx. — Legislative    Department. 

Legislative  power,  how  vested. 

See.  40.  The  legislative  power  of  such  city,  or  city  and 
county,  shall  be  vested  in  a  body  to  be  styled  the  "munici- 
pal council,"  which  shall  be  composee!  of  two  boards  or 
houses  of  legislation,  one  to  be  called  the  "board  of  alder- 
men,"  and  the   other  the   "house   of  assistant  aldermen." 

Board  of  aldermen,  how  elected. 

Sec.  41.  The  board  of  aldermen  shall  consist  of  twelve 
persons,  to  be  elected  by  general  ticket,  from  the  city,  or 
city  and  county,  at  large,  the  members  of  which  shall  hold 
office  for  the  term  of  four  years,  to  commence  on  the  first 
Monday  after  the  first  day  of  January  next  following  their 
election,  except  that  of  the  aldermen,  who  are  elected  at  tho 
first  election  under  this  chapter;  the  six  receiving  the  small- 
est number  of  votes  shall  hold  their  office  for  two  years 
only;  so  that  thereafter  only  six  shall  be  elected  every 
two  years.  In  case  of  a  tie  vote  at  such  first  election,  the 
question  of  which  aldermen  shall  hold  the  full  and  which 
the  short  term  shall  be  determined  between  the  candidates 
so  tied  by  lot.  The  aldermen  shall  receive  each  a  salary 
of  one  thousand  two  hundred  dollars  a  year,  payable  in 
monthly  installments,  out  of   the   general   fund. 

Secretary. 

Fee.  42.  The  board  of  aldermen  shall  appoint'  a  secre- 
tary, with  a  salary  not  to  exceed  two  hundred  dollars  a 
mi  nth,  who  shall  keep  the  records  of  said  board.  He 
shall  hold  office  during  the  pleasure  of  the  board.  He  shall 
have  power  to  administer  oaths  and  affirmations  in  all  cases, 
and  to  certify  and  authenticate  copies  of  all  records,  papers, 
and  documents  in  his  official  custody,  and  shall  perform  any 
other  services  required  by  the  board. 

Assistant  aldermen. 

Sec.  43.  The  house  of  assistant  aldermen  shall  consist 
of  twelve  persons,  to  be  elected  every  two  years,  one  each 
by  the  qualified  electors  of  the  respective  wards,  into  twelve 
of  which  such  city,  or  city  and  county,  shall  be  divided  for 
such   purpose.     The   assistant   aldermen  shall   hold   office  for 


Act  2348,  H  44-48  MTNICII'AL    CORPORATIONS.  6S< 

the  term  of  two  years,  to  eemaMMfl  on  the  fir^t  Monday 
after  tin  first  day  of  January  uext  following  tluir  election, 
and  shall  rOC4  IVS  each  B  salary  of  one  thousand  two  hun- 
dred dollars  a  year,  payable  monthly  out  of  the  general 
fund. 

ry   "f   '-lerk. 

i ).  The  hnu«r-  nf  assistant  aldermen  may  appoint 
a  clerk,  who  shall  keep  their  r. .  ..r-is.  and  bold  t.rtirr  daring 
th<  ir  pleasure.  11.  shall  have  a  salary  sot  to  exceed  two 
hundred   dollai  nth;    shall   have    power   i"   admix 

oaths  and   affirmations,  and   t rtify  and  authenticate  all 

rds,  docui  in  his  official  oustody.     M^ 

shall    perform    any   cither   service    required    of   him   by    Ike 

Vacancy,  SOW  filled. 

\n\    vacancy   occurring   in    either   board   shall    bo 

filled  by   the  mayor;  and   I  I   to  fill  ssjdh 

vacancy  shall   hold   office   till   the   next   election   by   the 

pie,  and   until   his  successor  is  qualified. 

Qualification. 

r  of  the  board  of  aldermen  shall 

qualitii  d    voti  r.   a?    I  and 

shall    have    been    a    citizen    of   the    I'nited    St  ids    and    of    this 

stat< ,  and  a  resident  oi  aid  county,  for 

thne  years  seal  before  his  election  or  appointi 

Qualification. 

;7.  Every  member  of  the  house  ,>f  assistant  alder- 
men shall   be  a   qualified   voter,   al 

of  ago,  shall  have  been  a  citizen  of  the  1'ni  r ,  ,  J  Stafis  and 
of  this  state,  and  a   r   >;d<  nt   .-f  such  city,  or  city  and  county. 

at  hast  two  years,  and  of  tin-  ward  from  which  he  is  elected 
or  appointed   at    l<  i    a<  \t    b<  I  in  or 

appointnu  at. 

Qualification. 

is.  Bvery  member  of  either  branch  of  the  munici- 
pal   council    shall,    at     all    times    during    his    incumbency    of 


r-,7  MUNICIPAL     CORPORATIONS.         Act  2.T1S.   §  j  49.  V> 

fiaid  office,  possess  the  following  qualifications:  He  shall 
not  be,  directly  or  indirectly,  interested  in  any  contract 
with  such  city,  or  city  ami  county,  or  any  department  or 
institution  thereof.  He  shall  not  have  convicted  of  mal- 
feasance in  office,  bribery,  or  other  corrupt  practices  or 
crimes.  Any  mi  mber  who  fails  to  possess,  or  who  shall  at 
any  time  during  his  term  of  office  cease  to  possess,  any 
of  the  qualifications  mentioned  in  this  act  as  a  qualification 
shall  thereby  forfeit  his  seat  in  the  board  or  house  to 
which  he  belongs,  and  the  vacancy  shall  be  filled  as  in  other 
cases.  If  any  member  of  either  branch  absent  himself  from 
the  state,  or  neglect  to  attend  tic  meeting  of  the  boar<i 
or  house  to  which  he  belongs,  for  a  period  of  thirty  days, 
his  office  shall  be  declared  vacant  by  said  board,  and  a 
successor  must  be  appointed,  to  hold  till  the  next  election 
by  the  people,  as  provided  in  other  cases. 

Rules  of  houses  of  aldermen. 

Sec.  49.  Each  board  or  house  shall  elect  its  own  officers, 
except  as  to  the  presiding  officer  of  the  boarel  of  aldermen. 
The  mayor  shall  preside  at  all  the  sessions  of  the  board  of 
aldermen,  without  the  right  to  vote.  In  his  absence,  during 
any  session,  the  board  shall  appoint  one  of  its  members  as 
president  pro  tempore,  who  shall,  however,  have  the  same 
right  to  vote  as  other  members.  Each  house  shall  be  the 
judge  of  the  election  returns  and  qualifications  of  its  own 
members,  and  may  determine  the  rules  of  its  own  proceed- 
ings, except  as  herein  provided.  Each  house  shall  keep  a 
record  of  its  acts,  and  allow  the  same  to  be  published,  and 
the  yeas  and  nays  on  any  question  shall,  at  the  request  of 
any  member,  be  entered  on  the  journal  of  the  house;  may 
arrest  and  punish  by  fine,  not  exceeding  five  hundred  dollars, 
or  imprisonment  as  provided  by  ordinance,  not  exceeding 
thirty  clays,  or  both,  any  person  not  a  member  who  shall 
be  guilty  of  disrespect  to  the  board  or  house  by  disorderly 
or  contemptuous  behavior  in  its  presence  during  its. session; 
may  punish  its  members  for  disorderly  conduct,  and,  with 
the  concurrence  of  two  thirds  of  all  the  members  elect,  may 
expel   a   member. 

Quorum. 

Sec.  50.  The  house  of  assistant  aldermen  shall  elect  one 
of   their   own   number   presiding   officer   of   said    houee,    who 

Ui  n.  Laws — \2 


Act  2318,  J  §  51-53  MUNICIPAL    CORPORATIONS.  658 

shall    b«  •  1    as    the    "chairman"    thereof.      A    ma- 

jority   of    its    mei  itlnr    house    shall    constitute    a 

quorum  to  do  business;  an«l  no  regulation,  resolution,  ordi- 
nance, or  order  of  either  house  can  puss  without  the  eon- 
eurn  nee  of  a  majority  <>f  all  tin  memben  elected  or  ap- 
pointed   to    such    liousi  ;    luit    a    sinalb  r    number    may    adjourn 

from  day  to  day,  ami  may  compel  the  attendance  of  ab- 
sent   mi  ndi<  rs,    in    such    tuatmi  r   ami    under   such    penalties   as 

house  or  board  may  provide. 

Sessions  shall   be    public 

Sec.  51.      All    ft  -  :tions  of  each   house 

shall   be   public     Neither   house  shall,   without   the   consent 

■  it    the   ■■'  irn    for   more   than   seven   days   ;ii    any   one 

time,    DO  I  i;un    that    iu    which    the    two 

hous.  sitting. 

0   any  otle 

:    ih.     municipal   council  shall   dur- 
ing '  fox  (Thiol)  Ligible  or  appointed 
ander   the  city,  or  city  and  county,  except 

such  offices  as  may  be  filled  by  election  by  the  people;  nor 

any  nn  miIh  r,  while  such,  be  an  employs)   ol  lueh  city, 

ur  city  and  county,  ox  rd  oz  department  thereof,  or 

,;hir    branch    of    the    municipal    council,    in    any    capacity 

whatever;  and  no  compensation  shall  be  audited  or  paid  i"r 
aer\  er  or  i  mployei  ;  and  no  act,  ordinance,  or 

i    wi..  n  by    sag    au  mbez  of 
eithi  hall  becomi    th<  t  of  such  city, 

or  city  and  county,  or  any  board  or  department  thereof,  or 
pay  out   any  of  its  money  upon  any    pretense  whatever. 

Limitations  on 

58.     No  membei  of  the   municipal  council,  or  of  the 
rd    Of    education,    or   any    offict  r    of    such    city,   or   city    and 
ttty'    <>r    of    any    ward    thereof,    shall     have    any    power    to 
contract    any   debt   or   liability    whatsoever  against   such   city, 
d  county,  nor  shall  the  people,  or  rs,  or  any 

property  therein,  ever  l"  liable  to  be  assessed  for  or  on 
account  of  any  debt  or  liability  hereafter  contracted,  or  at- 
tempted to  be  contracted,  iu  a  contravention  of  this  chapter. 


659  MUNICIPAL   CORPORATIONS.  Act  2348,  §§  54-51 

Finance   committee. 

Sec.  54.  The  municipal  council  shall  appoint  a  joint  com- 
mittee of  five,  three  from  the  board  of  aldermen,  and  two 
from  the  house  of  assistant  aldermen,  to  be  denominated 
the  "finance  committee,"  which  committee  may  at  any 
time,  and  shall  whenever  required  by  the  municipal  council, 
or  either  branch  thereof,  investigate  the  transactions  and 
accounts  of  any  and  all  officers  appertaining  to  the  govern- 
ment of  such  city,  or  city  and  county,  having  the  collection, 
custody,  or  disbursement  of  public  money,  or  having  the 
power  to  approve,  allow,  or  audit  demands  on  the  treasurer, 
and  report  thereon  to  the  municipal  council.  Said  commit- 
tee shall  have  full  power  to  send  for  all  persons  and  papers, 
and  enter  into,  examine,  inquire,  and  investigate  all  offices 
and  places,  to  administer  oaths  and  affirmations,  to  examine 
witnesses,  and  compel  their  attendance  by  subpoena  and  at- 
tachment for  contempt,  and  the  production  of  records 
books,  and  papers,  and  may  imprison  in  the  city  or  county 
jail  any  person  refusing  to  appear  or  testify,  as  well  as  any 
officer  or  person  failing  or  refusing  obedience  to  the  orders 
to  show  records,  papers,  or  books,  or  to  testify  when  re- 
quired so  to  do.  The  sheriff  or  any  policeman  of  such  city, 
or  city  and  county,  shall  enforce  all  orders  of  said  com- 
mittee, and  attend  upon  it  in  like  manner  as  upon  courts 
of  record.  The  mayor  may  be  present  and  participate  in 
such  investigations. 

When   municipal   council   shall   meet. 

Sec.  55.  The  municipal  council  shall  meet  on  the  first 
Monday  after  the  first  day  of  January,  and  on  the  first 
Mondays  of  April,  July,  and  October  of  each  year,  and  at 
such  other  times  as  required  by  law,  and  may  be  specially 
convoked  by  the  mayor  as  herein  provided. 

Passage  of  ordinances. 

Sec.  56.  No  ordinance  shall  be  passed  except  by  bill, 
and  no  bill  shall  be  so  amended  in  its  passage  as  to  change 
its  original  object.  No  bill  shall  contain  more  than  one 
subject,  which  shall  be  expressed  by  its  title.  On  the  final 
passage  of  all  bills  the  vote  shall  be  by  "yeas"  and 
"nays"   upon   each  bill,  separately,   and   the   names  of   the 


6eo 

m(  mh'  r^  -      H    be    enter.  I 

on    t  hi    journal.      I  thei    house,   and 

no  bill  Bhal]  1  by  ■  majority 

i  oi   appointed    to     either 

... 

Amc  ncurred  in. 

h&U     by   « itaev  bouse  shall 

b<  .  i  n  '1    in    by    tl:  if    .1    majority 

thereto,  taken  by 

•  bog       fur    :uiil 
led    upon    tin    jour'  '";    :i!i<l    Deports   of 

eomi  ill   1"    adopted  by   eil b<  r  !.■ 

only  by  the  <  ■••..,.  roben  eleefc  <1 

tin  r  and    the   names  of 

thus,    noting  recorded  upon  the  journals. 

toting  oediaai 

N'i.    ordinance   shall  be   revived,   re-enacted,   or 

ded,  by  mere  referenet  mch  ordinance 

or  S'                      be]  §e1  forth  at  length,  m  if  it  revived,  rc- 
ted,  <t  ami  i  d<  d. 

•  ration. 

V.'l  ■  D    a    bill    Ifl    put    upon    its    final    passage    in 
motion  is  made  to  re- 
by  which  it   »  ted,  the  vote  upon 

such  motion  to  reconsider  shall  bi  taken  ap,  and  the  sub- 
ject finally  rl  I  at  the  nrxt  I  f  the  emineil, 
unl<  -  <  two-thirds  vol  lea  to  act  upon 
such  i                          .  at  the  same  meeting. 

ing  bills. 

bill   shall    become    an    ordinance    until    the 
same    shall    havi  jned    by    the    presiding    officer   of 

each   of   the   two    houses   i'  .   in   authentication 

ol     its    adoption    by    such    bouse.       In    signing    such    hill     for 
entication,    the    presiding    officer    shall    call     tin-    atten- 
tion   of    the    house    to    the    hill,   ami    that    he    is   aboul 
it,   ami    if   any    member    request,    the   hill   shall    he   read    at 
rth    for    information     as    to     its    eorrei  enrolled. 

nv    ni.  mlnr  objed    that    tin    hill   is   not    the  same    in   sub- 
-     when    e.msiih  red    ami     passed    by    the 
house,  such  objection  shall  be  passed  upon,  and  if  sustained, 


661  MUNICIPAL    CORPORATIONS.  Act  2348,  §  01 

the  presiding  officer  shall  withhold  his  signature  and  the 
bill  shall  then  be  corrected,  and  finally  disposed  of,  and 
signed,  before  the  house  proceeds  to  any  other  business. 

Appropriation  bills. 

Sec.  61.  No  general  appropriation  act  or  authorization 
shall  ever  be  passed,  but  all  appropriations  shall  be  for  the 
specific  amount  of  the  claim  to  be  paid,  and  no  more;  and 
each  ordinance  or  resolution  authorizing  the  payment  of 
money  shall  contain  one  claim  only,  which  shall  be  ex- 
pressed in  the  title.  Every  ordinance  or  resolution  of  the 
municipal  council  providing  for  any  specific  improvement, 
the  granting  of  any  privilege,  or  involving  the  lease  or  ap- 
propriation of  public  property,  or  the  expenditures  of  pub- 
lic moneys,  except  for  sums  less  than  five  hundred  dollars, 
or  levying  tax  or  assessment,  and  every  ordinance  or  reso- 
lution imposing  a  new  duty  or  penalty,  shall,  after  its  in- 
troduction in  either  house,  be  published,  with  the  "yeas" 
and  "nays,"  in  a  newspaper  doing  the  city  and  county  print- 
ing, at  least  five  successive  days  before  final  action  upon 
the  same  by  the  house  in  which  it  was  introduced;  and  in 
ease  such  ordinance  or  resolution  shall  be  amended  before 
final  passage  in  said  house,  then  the  bill  as  amended,  shall 
be  so  published,  in  the  same  manner,  before  final  action 
by  such  house  thereon;  and  every  such  ordinance,  after 
the  same  shall  have  passed  both  houses,  shall,  before  it 
takes  effect,  be  presented  to  the  mayor  for  his  approval. 
If  he  approves,  he  shall  sign  it;  if  not,  he  shall  return  it 
within  ten  days  to  the  house  in  which  the  same  originated, 
with  his  objections  in  writing.  Said  house  shall  then  enter  the 
objections  on  the  journal,  and  publish  them  in  the  news- 
paper doing  the  city  printing.  At  the  next  stated  meeting 
thereafter,  said  house  shall  proceed  to  reconsider  such  bill. 
If,  after  such  reconsideration,  it  again  passes  both  housi  s 
by  the  votes  of  nine  of  the  members  elected  or  appointed 
to  each  house  voting  therefor,  it  shall  become  a  law,  not- 
withstanding the  mayor's  objections.  Should  any  such  or- 
dinance or  resolution  not  be  returned  by  the  mayor  within 
ten  days  after  he  receives  it,  it  shall  become  valid,  the  same 
as  if  it  had  received  his  signature.  Where  a  claim  against 
the  treasury  amounts  to  more  than  five  hundred  dollars,  it 
shall  not  be  lawful  to  divide  or  break  up  the  same  into 
several  sums  of  less  than  that  amount  so  as  to  evade  the 
provisions  of  this  section  concerning  claims;  and  any  effort 
or   attempt   to   accomplish  such   unlawful   division,   or    break- 


Act  2348,  { t  62-64  MUNICIPAL    CORPORATIONS.  60: 

ing  up  a  claim,  shall  be  deemed,  ry  member  of  the    , 

municipal    council    <>r    other  g    thereto,    or 

aiding  t  tu  inor  in  oil  wise  for 

his  removal.      All  ordinances  authorial]  lm-nt  uf  any 

money  out  of  thi  treasury,  or  any  claim  thereon,  shall  be 
referred        th<   appropriate  standing  committee  of  tin   house 

where    'i..     bill    is    intro  at    the   same 

to    the    auditor,    in    or.hr    that     1,  i  rtify    that    t: 

is  sufficient  money  in  the  proper  fund  our  of  which  such 
claim  can  lawfully  he  paid,  and  that  sucb  appropriation  can 

ide    without     .  •  >iis    ch;t|>ii  r ; 

and    until    the   auditor  d    writing  by     his 

nam.-,  that  there  is  sufficient  money  in  the  proper  fund,  and 
thai  the  authorization  can  be  made  without  \  olating  the 
provisions  of  this  chapter,  do  further   pr<  nail   i» 

had    with    such    loll.      It    shall   he    t.  t    the   auditor   with 

liable  prompt!  and  to  give 

the     certificatl      when     t.  warrant     him     in     doing    SO, 

and   not   oth.  r 

Powers. 

C<".      The    powers  of    the    muni                     •  cfl,    and    all 

other  boards,  comn  specially 

.1    in    this   chapter,  an..                •    prohibited   from  cx- 

•  iier. 

se. 

of    ordinances   shall    be    in 
the    following  tern  municipal    council   of   tin    city 

and    county    of        -    .    or  (as    t  may    be), 

lor.  by    ordains    as    folio.. 

Further  pov. .  rs. 

tit.     The  municipal  council  shall  further  hav< 
by  regulation  or  ..rdMi:.- 

Belling  and  leasing  property. 

l.  T,.   provide    tor   the   security,   custody   and   administra 
tion  of  all   property  ot'  such  city,  or  city  and  county,  and  ' 
to   purchase    land   required    tor   municipal    purposes   without 
any  power  to  s.  11  or  incun  ame,  or  lease  any  part 

thereof   tor   more   than    thr  t.   however,   that 

such  personal  prop  .or  oth*r 


C63  M1XICTVAL   CORPORATIONS.  Act  2S43,   5  04 

departments,  as  they  deem  unsuited  to  the  uses  and  pur- 
poses for  which  the  same  was  designed,  or  so  much  worn 
and  dilapidated  as  not  to  be  worth  repairing,  may  be  sold 
or  exchanged. 

Opening  streets. 

2.  To  provide  for  cases  omrtted  in  this  chapter,  and  in 
conformity  with  the  principles  adopted  in  it,  for  opening, 
altering,  extending,  constructing,  repairing,  or  otherwise 
improving  public  streets  and  highways  at  the  expense  of 
the  property  benefited  thereby,  without  any  recourse  in 
any  evc-nt  upon  such  city,  or  city  and  county,  or  the  public 
treasury,  for  any  portion  of  the  expense  of  such  work,  or 
any   delinquency   of   the   property  holders   or   owners. 

Lighting  streets. 

3.  To  provide  for  lighting  the  streets.  But  no  contract 
for  lighting  streets  or  public  buildings  shall  ever  be  made 
for  more  than  one  year  in  duration;  nor  shall  any  contract 
to  pay  more  for  gas  or  other  illuminating  material  than  is 
legally  charged  to  ordinary  consumers,  or  than  the  usual 
market  rates,  be  valid. 

To  provide  water. 

4.  To  provide  water  for  all  municipal  purposes,  and  to 
pay  for  the  same  where  lawful  and  necessary.  In  case 
water  is  supplied  to  such  city,  or  city  and  county,  for  mu- 
nicipal purposes,  any  person,  corporation,  or  association 
holding  a  valid  franchise  under  the  laws  of  this  state  to 
collect  water  rates  for  the  use  of  water,  then  such  city,  or 
city  and  county,  when  it  is  lawful  and  necessary,  shall  pay 
the  lawful  rates,  and  no  more,  as  established  each  year  for 
water  supplied  for  other  than  municipal  purposes;  and  it 
shall  not  be  lawful  to  make  any  special  contract  with  such 
person,  corporation,  or  association  for  water  so  as  to  vary 
from  the  rates  fixed  by  law. 

To  regulate  markets. 

5.  To   regulate   market-houses   and   market-places. 

Regulating  public  grounds. 

6.  To  provide  for  inclosing,  improving,  and  regulating 
all  public  grounds  of  such  city,  or  city  and  county. 


Act  'JWS.  J  ti  «w 

Ire   limits, 

7.  Tii  prohibil   tl  ftcn  buildit  itrnc- 

tares  within   any    fixed   Iim  v.-   \„  .  n 

established  I,    o*    ordered    to    be    graded,    nr    to 

and    limit    tln>    height    i»f   Bucb    buildu  true/ 

tores;  1  I  use  of  gunpowdt  r, 

and  N-.itiiin   which   may   be  manufftc- 

tared    or  lyaaaaite,    nitroglycerin,     ox 

combustible     materials    ami    sobstaj 

ami     tin  -:     and     make    rill    nst  t  -i  1 

t<i     th.  ami 

ttion  nf  nil   -  i   thr  nmlntnanawi 

ill  \v..rk-.  bri  ch>  burning,  tanneries,  and 

.-ill  and    wni  -.ription    that 

may  jeopardize  tin-  pub  .  and  ti>  exclude  them  from 

tin    city,  nr  city  and  county,  when  necessary,  nr  t>>  restrict 

itriet,     Tn   nudes  all  m 
nary   regulations   for   protection  •       ■         ■    wsfl  M   - 

ruli  a    and    regulati  erning    ri.  ;in.i    us. 

bnildings  as  may  1"'  necessary   f>>r  the  asitety  of  the  inhab 

Tn  permit  laying  down  r«»"-<'.  tra.-ks. 

permit  •                                 •    railroad   tracks  .and  the 

running  st    sorties   of 

•.    for   tin  soJ<    pur] —    •  .!    excavating  an<l   filling  in   a 

street,    >t  a  treet,  or  adjoining   l"ts,   ami   for 

ku.'Ii    limited    I  may    I"    accessary      Cor   the   pur, 

aforesaid,  ai  I  .•  r. 

Fix   p<  na  • 

9.  To  determine  th<    fin.  s.  forfei tares,  and   penalties  that 
shall   be   incurred   for  the   breach  .if  regulations  establ 

liv   tin    Baid    municipal  council,  and   also   fsr   a   violatio 
th.    provi  this  chapter,  where   do   penalty   is  atlix.  .1 

thereto  "r  provided  by  taw;  but  no  penalty  to  l>«-  imposed 
shall  exceed  the  amount  of  one  thousand  dollars,  nr  six 
months'  imprisonment,  nr  both.  And  every  violation  of 
any  lawful  ord<  r  nr  regulation,  nr  ordinances  oi  the  'Mu- 
nicipal council,  is  hereby  declared  a  misdemeanor  nr  pub- 
lic offense,  and  all  pi  -  far  tin  ,11  !><•  in 
the  name  of  tbe  people  of  the  stati    of  California, 

Employment    of   prison* 

10.  To   regulate  and   pn>\ - i « 1  •    for  the  employment   »f  pris- 
easra  sentenced  to  labor  on  the  public  works  of  such  city, 


{65  MUNICIPAL   CORPORATIONS.  Act  -'048,  §  « 

or  city  and  county,  and  to  maintain  and  n  gulatc  city,  or 
city  and  county,  jails  and  prisons,  with  manufacturing 
or  other  laboring  establishments,  or  appliances  connected 
therewith. 

To  provide  certain  offices. 

11.  To  provide  a  suitable  office  and  jury-room  and  dead- 
house  or  morgue,  with  the  furiiitun  necessary  to  enable 
the  coroner  to  efficiently  discharge  the  duties  of  his  office, 
and  to  make  the  necessary  appropriation  therefor;  and 
to  audit  and  pay  for  the  necessary  <  xpenses  of  maintaining 
the  morgue  and  offices  attached,  such  sum  as  may  be  neces- 
sary, not  to  exceed  seventy-five  dollars  per  month,  out  of 
the  general  fund. 

Kegulate    home   of   inebriate. 

12.  To  maintain  and  regulate  a  home  of  the  inebriate,  in 
its  discretion. 

City  prison. 

13.  To  provide  and  maintain  a  city  prison. 

Improve   cemeteries. 

14.  To  maintain  and  improve  the  city  cemeteries,  and  to 
pay  out  of  the  general  fund  a  keeper  thereof,  to  be  ap- 
pointed by  the  board  of  health,  at  a  salary  not  to  exceed 
one  hundred  dollars  a  month. 

Grant   licenses. 

15.  To  license  and  regulate  hackney-carriages  and  other 
public  passenger  vehicles,  and  to  fix  the  rates  to  be  charged 
for  the  transportation  of  persons,  baggage,  goods,  merchan- 
dise, and  property,  or  either,  thereon;  and  to  license  and 
regulate  all  vehicles  used  for  the  conveyance  of  merchan- 
dise, earth,  and  ballast,  or  either;  and  also  to  license  and 
regulate  persons  and  parties  employed  in  conveying  bag- 
gage, property,  and  merchandise,  or  either,  to  or  from  any 
of  the  wharves,  slips,  bulkheads,  or  railroad  stations  within 
the  limits  of  such  city,  or  city  and  county;  to  fix  and  es- 
tablish the  amount  of  every  license  paid  into  the  city,  or 
city  and  county,  treasury  for  city,  or  city  and  county,  pur- 
poses; to  provide  for  the  summary  removal  and  disposition 
of   any  or  all  vehicles  found   in  the  streets,   highways,   and 


Act  2348,  J  fri  Ml"-  IRP0RA1  1 

public    Bq 

be  designated  by  th<  eouneil;   and,  in  addition  to  all  ol 

remedies,   to    provide  by    regulation    for   the   sab-   or  i 

diapoaition    of    such  the    public  from 

injury  by  runaways,  by  punishii  ntly 

](  :i\  tin 

width  oi  >r.l- 

ancc  with  the  weight  to  1"   carried  th<  rva- 

tion  <■!  ,iid  aighn 

16.  To  ri  gulal  'S8  of 
keeping  intelligent  method  of  BOS' 
ducting  said  1 

th(    paym<  nl  of  t  he  lie  • 

illation   touching  sni.i   business.     To    license    and     regulate 
pawnbrokers,  and  I  as  public 

in  dealing  with  t  h<  m. 

Fix   f 

17.  T<.  fi\  the  f( .  s  and 

reyoi  "f  Bueh   city,  or  city  and 

surveys  fur  buildings  or  other  purposes,  and  t<>  provid< 

..r     dl  puty     -Ur\  .  ;  •  rform 

work,    to   be    paid    from    inch    fees   only;    also,    to   regulate 

the  be   chargi  d   by   th< 

ti,,.  county   r.  - sordi  r,  ad  all  otlur   municipal 

an  1 
coinpi  1    the    payment    of    all  the 

citv  and   county   treasury   Into  the   proper   fund,  in   accord- 
witb  the  proviaions  of  this 

Enforce  collection  of  certain  moi 

18,  To  licena  and  regulate,  for  the  purp  ity,  e.r 
citv  and  county,  revenue,  all  such  callings,  ti  I  em- 
ployments   as    the    pub,  Ti  ijllire     • 

and   regulated,  and  nol    prohibited   by   law;   to   pro- 

vide for  and  i  i  i orce,  w ith       i  col- 

lection and  due  payment  into  U 

treasury   of   all    n  due   or   raised,   and   to   niaki    all 

ful  rul<  8  and  ri  gulal  ions  1  H  conduct 

and    duties   of    the    collector    of    lic<  nses. 
Construction    Of    hydrants. 

19,  To   pro\  ide   and   pay    i  or   the    cone 
of  hydrants,  lire  plug 


C67  MUNICIPAL    CORPORATIONS.  Act  8348.  §  "'4 

Pay  for  celebrating. 

20.  To  allow  and  order  paid  out  of  the  general  fund  a 
sum  not  to  exceed  three  thousand  dollars  in  any  year,  for 
the  celebration  in  such  city,  or  city  and  county,  of  the  an- 
niversary of  our  national  independence. 

Election  expenses. 

21.  To  allow  and  order  paid  out  of  the  general  fund  for 
the  election  expenses  of  such  city,  or  city  and  county,  not 
to  exceed  forty  dollars  for  each  election  precinct  for  each 
election  in  said  city,  or  city  and  county. 

Prosecute   claims. 

22.  To  provide  ways  and  means  for  the  prosecution  of 
the  claims  of  such  city,  or  city  and  county,  to  any  land 
or  other  property  or  right  claimed  by  such  municipality. 

Appoint  weigher  of  coal. 

23.  To  provide  for  the  appointment  by  the  mayor  for  a 
weigher  of  coal,  without  salary,  and  to  regulate  and  define 
his  duties,  and  establish  rates  of  charges  to  be  collected 
from  persons  requiring  his  services,  and  for  his  com- 
pensation from  such  rates  and  charges  alone,  and  with  no 
claim  upon  such  city,  or  city  and  county. 

Abatement  of  nuisances. 

24.  To  autnorize  and  direct  the  summary  abatement  of 
nuisances;  to  make  all  regulations  which  may  be  neces- 
sary or  expedient  for  the  preservation  of  the  public  health 
and  the  prevention  of  contagious  diseases;  to  provide  fines 
and  penalties  against  individuals  who  may  be  guilty  of 
maintaining  any  nuisances,  and  enforcing  the  same  until 
such  nuisance  be  removed  or  abated;  to  provide  by  regu- 
lation for  the  prevention  and  summary  removal  of  all  nuis- 
ances and  obstructions  in  the  streets,  alleys,  highways,  and 
public  grounds  of  such  city,  or  city  and  county,  and  to 
prevent  or  regulate  the  running  at  large  of  dogs,  and  to 
authorize  the  destruction  of  the  same  when  at  large  con- 
trary to  ordinance. 

Regulate  or  prohibit  houses  of  ill-fame. 

25.  To  prohibit,  suppress,  regulate,  or  exclude  from  cer 
tain  limits  all  houses  of  ill-fame,  prostitution,  and  gaming, 


\.-t  12A&,  I  M  MI'Nli'll  fife 

tc    prohibit,  suppress,  regulate,  or  exclude  from  fertaiti  lim 
its    nil    occupations,    houses,    |>la.-.  -,    pastimes,    amusements, 
bftions,   and    practices   which   are   against    good    morals, 
iontrary   to   public  order  and  r^scenojr,  or  daogevettl  to   the 
public  Bafety. 

Begulate  manner  of  street    work. 

26.  To    require,   by    ordinaaee,   all    contractors   for    stteet 
work,   or   oth<  r    pt  rsoas    lawfully    nndertakiag    to    Imp] 
grade,  .>r  altei  "r  public   higt  ■  .  r.  .-t    tenets 
or  barriers,  to  keep  Lights  at  night,  and  to  bake  other  nee- 

i\  precautions  to  protect  the  public  from  damage,  loss, 
or  accident  by  reason  of  Buch  grading,  alteration,  or  im 
provemt  nt,  and  to  fix  and  prescribe  penalties  for  the  viola- 
tion of  the  provisi  •  h  ordinanei    * 

Baf<  '      roperty. 

27.  To  provide  for  the  safe-keeping  and  flisj.osition  of 
lost,  stul.  ii,  <>r  unclaimed  property  of  every  kind,  which 
may  at  any  time  be  in  th<  m  <>r  under  the  control 
of  the  police  of  such  eity,  <>r  eity  ami  county. 

Suppress  public   demonstrations; 

28.  To  regulate,  and  ?rl  •  lary  to  suppress,  all  pub 
lie  demonstrations  and  processions  which  interfere  with  pub 
lie  traffic. 

ilation  "f  fir.-  dspartnx  nf. 

28.  To  appoint  a  fir.'  marshal.  Such  appointment  shall 
be  mail.'  on   the   nomination  of  the  boar. I  of  lire  underwriters 

lUCh    city,    or    city    ami    county,    if   such    board   shall    i 
therein.      If    more    than    one    such    boar.l    shall    exist    therein, 
then    upon    the    Domination    of    the    board    which    shall    hav 

been  ion,L,r.  st  organised.     Elis  salary  shall  t.    tix.-.i  ami  pafd 

by  such   board   of   (ire   anderwriters.      Such    fire   marshal    shall, 

before    ent  sring    upon    the    office,    take    and    subscribe    th. 
u;ltl,  ,,t'  office,  and  execute  a  bun. I  to  the  state  ..I   i  aliforni;i 
in    th,    sum   of   five   thousand   .lollars,   with    two  or   more    - 
ii,Si   to   I.,    approved   by  a  judge   "i  rioc  court,   for 

the  faithful  discharge  of  Ins  duties.     Any   person  aggri< 
by    any    misconduct    of    such    marshal,    or    his    deputy,    may 


669  MUNICIPAL    CORPORATIONS.  Act  234$,   §  f,4 

bring  an  action  in  his  own  name  upon  such  official  bond, 
•which  bond  shall  be  filled  in  the  office  of  the  county  clerk. 
It  shall  be  the  duty  of  such  fire  marshal  to  attend  all  fires 
which  may  occur  in  such  city,  or  city  and  county,  with  a 
badge  of  office  conspicuously  displayed.  He  shall  take 
charge  of  and  protect  all  property  which  may  be  imperiled 
at  any  such  fire,  and  safely  keep  the  same  under  his  pos- 
session and  control  until  satisfactory  proof  of  ownership 
be  made  thereto;  and  shall,  as  far  as  practicable,  prevent 
such  property  from  being  injured  at  such  fire,  and  direct, 
when  in  his  opinion  it  shall  be  necessary,  the  removal  of 
goods,  merchandise,  and  other  property  to  a  place  of  safety. 
He  shall  be  authorized  and  empowered  to  exercise  the 
functions  of  a  peace  officer  of  such  city,  or  city  and  county. 
Any  person  who  shall  willfully  hinder  or  obstruct  said  of- 
ficer in  the  lawful  discharge  of  his  duties  shall  be  deemed 
guilty  of  a  misdemeanor;  provided,  however,  that  nothing 
herein  contained  shall  be  so  construed  as  to  authorize  such 
fire  marshal  to  interfere  in  any  manner  with  the  proper 
discharge  of  the  lawful  duties  and  authority  of  any  chief 
engineer  of  any  fire  department  of  such  city  and  county. 
It  shall  be  the  duty  of  such  fire  marshal  to  institute  invea- 
t'gatiors  into  the  cause  of  such  fires  as  occur  in  such  city, 
or  city  and  county;  and  for  this  purpose  he  shall  have  power 
to  issue  subpoenas  and  administer  oaths,  and  compel  the  at- 
tendance of  witnesses  before  him  by  attachment  or  other- 
wise. All  subpoenas  issued  by  him  shall  be  in  such  form 
as  he  may  prescribe,  and  shall  be  directed  to  and  served  by 
any  police  officer,  or  by  any  peace  officer  of  such  city,  or 
city  and  county.  Any  witness  who  refuses  to  attend  or 
testify  in  obedience  to  such  subpoena  shall  be  deemed  guilty 
of  contempt,  and  be  punishable  by  him  as  in  cases  of  con- 
tempt in  justices'  courts  in  civil  cases.  He  shall  make  a 
written  report  of  the  testimony  to  the  district  attorney, 
and  institute  criminal  prosecutions  in  all  cases  in  which 
there  appears  to  him  to  be  a  reasonable  and  probable  cause 
for  believing  that  a  fire  has  been  caused  by  design.  It 
shall  be  the  duty  of  such  fire  marshal  to  aid  in  the  enforce- 
ment of  the  fire  ordinances  of  such  city,  or  city  and  county, 
and  for  this  purpose  he  is  duly  authorized  to  visit  and  ex- 
amine all  buildings  in  process  of  erection  or  undergoing  re- 
pairs, and   to  institute  prosecutions  for  all  violations  of  the 


■\r<  IMS,  5  M  1TONCIPAL   CORPORATION*  «70 

ordinances  of  such  city,  or  city  and  county,  which  relate 
to  the  erection,  alteration,  or  repairs  of  buildings,  and  for 
the  prevention  of  fires.  He  shall  exercise  such  additional 
pow<  rs  as  ni.i.v  be  conferred  upon  him  by  the  ordinances 
of  such  city,  c,r  city  and  county,  to  enable  him  fully  to  carry 
out  the  object  and  purpose  of  his  appointment,  and  for 
the  prevention  of  fires.  He  shall  have  power  to  appoint 
a  deputy,  \vh<>  ma\  all   th(    powers  ami  perform  all 

the  duties  of  BUCh  marshal.  The  salary  of  such  deputy  shall 
be    paid    in    the   same    manner   as   the   fin     mar-dial.      Any    per- 

I  from  tire,  or  from  a  building  endangered  by 
fire,  any  prop)  rty,  and  who  willfully  neglects  for  two  days 
ve  ootice  to  stieh  fire  marshal,  or  to  the  owner  of  such 
property,  of  his  possession  thereof,  shall  be  deemed  guilty 
rand  or  petit  larceny,  ■  may  be,  according  to 

to  t!  ,t'  said  property;  and  any  person  who  shall  be 

guilty  of  false  ■wearing  In  any  Investigation  under  this 
subdivision  shall  be  deemed  guilty  of  perjury,  and,  upon 
conviction  thereof,  shall  be  punished  therefor  as  in  -other 
perjury.  Such  fire  marshal  may  be  removed  at  any 
time  by  the  same  power  or  powers  that  appointed  him.  And 
in    ease    of    the    removal,    ree  .    or    death    of   such    fire 

marshal,  his  successor  shall  be  appointed  in  the  same  man- 
ner as  hereinbefore  provided.  Such  fire  marshal  is  hereby 
authorized  and  empowered  to  appoint  one  or  more  persons, 
during   the   time   of  fire,   for   the  purpose  of  saving  and   pro- 

rty  at  such  fire,  and  until  it  shall  be  delivered 
to  the  owner  or  claimant  thereof,  and  such  person  or  per- 
sons so  appointed  shall  have,  during  such  period,  the  au- 
thority and  power  of  a  policeman  of  such  city,  or  city  and 
county,  and  shall  be  known  as  the  fire  marshal's  police;  and 
eacb  of  such  persona  shall  wear,  while  in  the  discharge  of 
his  duty,  conspicuously  displayed  on  his  person,  such  badge 
or  device  as  such  fire  marshal  shall  designate.  No  person 
shall  be  entitled  to  any  property  in  the  hands  of  such  tin- 
marshal,  saved  from  fire,  until  satisfactory  proof  of  owner- 
ship be  made,  and  until  the  actual  expenses  incurred  by 
such  officer  for  the  preservation  and  keeping  of  the  same 
shall  be  paid  to  him  by  the  owner  or  claimant  of  said  prop- 
erty; and  in  ease  of  dispute  as  to  the  amount  of  such  ex- 
penses, said  dispute  to  bi  determined  by  the  justices'  court 
of  such  city,  or  i  ny  and  county.     Such  fire  marshal  is  hereby 


671  MUNICIPAL.    CORPORATIONS.  Act  2348,  §  M 

duly  authorized  and  empowered  to  hold  and  sell,  or  cause 
to  be  sold,  at  public  auction,  all  property  in  his  possession, 
saved  from  a  fire  or  fires,  for  which  no  owner  can  be  found, 
after  advertising  the  same  in  two  daily  newspapers  pub- 
lished in  such  city,  or  city  and  county,  for  the  period  of 
thirty  days;  provided,  however,  that  if,  upon  application 
of  such  fire  marshal  to  the  police  judge,  it  shall  appear  that 
such  property  is  perishable,  such  judge  may  order  such  fire 
marshal  to  make  sale  thereof  upon  such  notice  as  in  the 
opinion  of  such  judge  may  be  reasonable.  The  proceeds  of 
all  such  sales,  together  with  an  account  thereof,  after  de- 
ducting all  expenses,  shall  be  by  him  deposited  with  the 
treasurer  of  such  city,  or  city  and  county,  to  be  held  by 
such  treasurer,  subject  to  the  claim  of  the  owner  of  such 
property.  Such  fire  marshal  shall,  from  time  to  time,  file 
with  the  clerk  of  such  city,  or  city  and  county,  under  oath, 
a  statement  and  description  of  all  property  in  his  posses- 
sion, or  under  his  control  and  sold  by  him,  together  with  the 
amount  of  money  by  him  deposited  with  the  treasurer  of 
such  city,  or  city  and  county. 

Maintain  fire-alarm. 

30.  To  maintain  a  fire-alarm  and  police  telegraph  in  such 
city,  or  city  and  county. 

Eegulate  drifting  of  sand. 

31.  To  require  the  owners  of  lots  to  prevent  sand  from 
drifting,  being  blown,  or  otherwise  moved  therefrom,  into 
or  deposited  upon  any  paved,  planked,  or  macadamized 
street,  alley,  place,  park,  thoroughfare,  or  other  public 
property,  and  to  enforce  all  such  regulations  by  sufficient 
fines  and  penalties. 

Maintain  house  of   correction. 

32.  To  maintain,  regulate,  govern,  manage,  and  carry 
on  a  house  of  correction,  and  to  utilize  therein  and  thereby 
the  labor  of  all  prisoners  committed  to  the  jail  or  house  of 
correction  of  such  city,  or  city  and  county,  by  the  police 
courts  and  the  superior  courts;  to  prescribe  rules  of  com- 
mitment and  detention  of  prisoners,  hours  of  labor,  and  all 
necessary   rules,   regulations,   and   restrictions   for   the    prop- 


Aet  JB4S,   §  64  MUNICIPAL    CORPORATIONS.  671 

cr   operation    of   said    institution.     All    prisoners   sentenced 

to  a  term    in   the  county  jail,  or  house  of  correction,  shall   !».■ 

teemed  to  have  been  sentenced  to  labor  during  such 
term.  The  ju-i l:>  -  of  police  courts  ami  of  the  superior 
oourts  in  such   city   or   city    and   county,    may   -  riui- 

inals  to  the  house  of  correction  win  n,  in  the  judgment  of 
such  jmdge,  the  criminal   is  '  •   the 

state   prison,  or  when   it   is  deemed    bettor    for    the    wcll- 

beii._  r.       N'.i      person     shall     be  1      to 

imprisonment    in    the    house    of    correction    for    a    shorter    or 
longCZ    term    than     that    for    which    he    might     be    Bentei 
in   the  jail  of  BUCh   eity,  or  city  ami  county,  or  in   the  state 
prison;    and    in    no    cane    whatever    for    a    shorter    term    than 

three  months  nor  I  jer  term   than  three  yean.     Wo 

-  .ii    who     might     lie     bi  Qtenced     to     imprisonment     in     the 

state   prison   shall  be  sentenced     to    imprisonment    in     the 

house    of    correction     If    be    is    more    than    twenty  five    years 

,.t  age,  if  he  has  been  .nee  before  convicted  of  ■  felony, 
ur  title*    befeae  convicted  of   petit    larceny,  nor   aniens,  in 

the  opinion  of  the  court,  imprisonment  in  the  house  of 
Correction    will    be    more    for    his   interest    than    imprisonment 

in    ;  prison,   and   equally    for   the    interest    of    the 

public.    The  fact  of  a  previous  conviction  may  be  found  by 

the   court   upon   evidence   introduced  at   the   time  of  si  ot( 
The   board   of  aldermen  ty,  or  city   and   county,  shall 

appoint  a  competent  superintendent  of  the  house  ..,  .-or- 
rection  of  such  city  and  county,  who  shall  also  be 
of  said  house  of  correction,  and  who  shali  give  goo  I  and 
Sufficient  bonds,  in  a  sum,  and  with  sureties,  to  be  ap- 
proved by  said  boand  af  aldermen,  for  the  faithful  dis- 
charge of  his  duties,  and  to  whom  shall  be  paid  a  salary, 
t  ,  be  fixed  by  them,  net  to  exceed  two  hundred  and  fifty 
dollars  p.  r  month,  payable  monthly.  Said  Superintendent 
shall  only  be  removed  for  just  and  sufficient  legal  cause, 
r  a  fair  and  impartial  investigation  of  his  ease  by  said 
board  of  aldermen.  He  shall,  immediately  after  his  appoint- 
ment, and  when  authorized  by  said  board  of  aldermen,  ap- 
point, subject  to  the  approval  thereof,  such  subordii. 
as  may  be  deemed  necessary  by  the  board  of  aldermen;  and 
the  pay  of  such  subordinates  shall  be  fixed  by  said  board  of 
aldermen,  not  exceeding  one  hundred  dollars  per  month  to 
each  party  so  appointed.  The  superintendent  shall  m;i 
the  general  interests  of  the  institution;  see  that  its  affairs 
are  conducted  in  accordance  with  the  nquirements  of  this 
chapter  and  of  such  by-laws  as  the   board  of  aldermen   may 


*?3  MUNICIPAL    CORPORATIONS.  Act  2348.  J  «4 

from  time  to  time  adopt  for  the  orderly  and  economical  man- 
agement of  its  concerns;  to  see  that  strict  discipline  is  main- 
tained therein;  to  provide  employment  for  the  inmates;  ad- 
just and  certify  all  claims  against  the  institution.  And  all 
by-laws  made  by  said  board  of  aldermen  for  the  management 
of  said  institution,  and  not  contrary  to  the  laws  of  this 
Btate,  shall  be  binding,  in  all  respects,  upon  said  superintend- 
ent, officers,  and  inmates;  and  said  superintendent  shall  each 
year  prepare  and  submit,  under  oath,  to  the  board  of  alder- 
men a  report  of  the  concerns  of  said  institution.  The  super- 
intendent shall  reside  at  the  house  of  correction,  have  charge 
of  its  inmates  and  property,  and  be  its  treasurer;  keep  ac- 
counts of  all  his  receipts  and  expenditures,  and  of  all  such 
property  and  account  in  such  manner  as  the  said  municipal 
council  may  require,  and  hold  all  books  and  papers  open  to 
their  inspection. 

Maintain   an   industrial   school. 

33.  To  maintain  and  regulate  an  industrial  school  for 
the  detention,  management,  reformation,  education,  and 
maintenance  of  such  children,  under  the  age  of  eighteen 
years,  as  shall  be  committed  or  surrendered  thereto  by  the 
courts  of  such  city,  or  city  and  county,  as  vagrants,  living 
an  idle  or  dissolute  life,  or  who  shall  be  convicted  by  the 
police  or  superior  court  of  any  crime  or  misdemeanor,  or 
who,  being  tried  for  any  crime  or  misdemeanor  in  such  court, 
shall  be  found  to  be  under  fourteen  years  of  age,  and  to 
have  done  an  act  which,  if  done  by  a  person  of  full  age, 
would  be  a  crime  or  misdemeanor;  and  said  council  is  em- 
powered to  regulate  the  commitment,  detention  and  dis- 
charge of  such  children,  and  to  designate  and  prescribe  the 
causes,  terms,  and  conditions  thereof;  and  the  said  police 
court  and  superior  court  shall  have  power  to  adjudge  that 
such  persons  so  convicted  shall  be  so  imprisoned;  and  per- 
sons so  convicted  shall  remain  at  said  industrial  school  un- 
til he  or  she  shall  attain  majority,  unless  a  shorter  time  shall 
be  fixed  by  said  court  in  the  commitment.  Such  children 
shall  be  kept  at  such  employments  and  be  instructed  in  such 
branches  of  useful  knowledge  as  may  be  suitable  to  their 
age  and  capacity.  The  municipal  council  may  provide  for 
binding  out  such  children  as  apprentices  during  their  minor- 
ity, to  learn  proper  trades  and  employments.  There  shall  be 
a  superintendent  of  said  industrial  school,  to  be  appointed 
by  the  board  of  aldermen.  He  shall  be  deemed  a  public 
Gen.  Laws — 13 


Act  3948.  J  64  MUNICIPAL    CORPORATIONS.  674 

officer,  whose  salary  shall  not  exceed  two  hundred  and  fifty 
dollars  j«  r  month,  and  such  other  employees  as  may  be 
in  c<  saary,  with  aalary  not  to  exceed  one  hundred  dollars 
per  h.      Such    police    and   superior   court,  or  either 

of  them,  upon  the  application  of  the  board  of  aldermen,  and 
upon  its  certificate  that  it  ;  i  nt  to  do  so,  shall  have 

powi  r  to  discharge  any  child  committed  to  said  industrial 
school,  and  who  is  not  hound  out  as  .in  apprentice,  or  adopt- 
ed, and  may  in  like  manner  discharge  such  child  upon  the 
application,  in  writing,  of  the  parents  or  goardian  of  such 

child,    who    shall    r  bound    Out    or   adopted,    and 

after  ten  days'  notice,  in  writing,  to  the  board  of  aldermen, 
if,  upon  the  hearing  of  the  application,  such  police   court  or 
rior    court   shall    consider    that    such   discharge    is   expe- 
di(  nt. 

Maintain  alms-house,  etc. 

3  t.     To  establish   and   maintain  an  almshouse,  a  city  and 

county  hospital,  a  smallpox  hospital,  and   such  other  institu- 

..f  the  same  character  as  are  or  may  be  necessary,  and 

to   perpetuate  such   institutions  as   may   have   been   heretofore 

blished   in   such  cities,  or  cities  and  counties,  heretofore 

incorporal 

Payment  of  judgment. 

35.  To  order  paid  out  of  the  general  fund  any  final  judg- 
ment  against  Such   city,  or  city  and   county. 

Public  pound, 

36.  To  maintain,  regulate,  and  govern  a  public  pound, 
fix  the  limits  within  which  animals  shall  not  run  at  large, 
and  appoint  pound  keepers,  who  shall  be  paid  for  out  of 
the  fines  imposed  and  collected  of  the  owners  of  impounded 
animals,   and    from    no   other   source. 

Improvement   of    water    front. 

37.  To  allow  and  order  paid  out  of  the  street  department 
fund  such  sums  as  may  be  deemed  necessary  for  improve- 
ment of  Btreets  bordering  on  the  water  front,  and  improve- 
ment of  sewers  and  streets  in  front  of  public  property. 

Burial   of   indigent  dead. 

38.  To  allow  and  order  paid  put  of  the  general  fund  such 
sums  as  may  be  necessary  for  burying  the  Indigent 


675  MUNICIPAL   CORPORATIONS.  Act  234S,  {  C4 

P»y  of  special  counsel. 

39.  To  allow  and  order  paid  out  of  the  general  fund  such 
sums,  not  to  exceed  five  thousand  dollars  in  any  one  fiscal 
year,  as  may  be  deemed  necessary  for  the  employment  of 
special  counsel. 

Enact  certain  regulations. 

40.  To  enact  such  general  and  special  police  regulations 
for  such  city,  or  city  and  county,  as  shall  secure  the  health, 
comfort,  and  security  of  the  inhabitants,  the  safety  and  se- 
curity of  property  and  life,  and  to  enforce  the  same  therein. 

"Regulation  of  offices  and  departments. 

41.  To  make  needful  rules  and  regulations  for  the  admin- 
istration, care,  and  maintenance  and  conduct  of  all  depart- 
ments and  offices  of  such  city,  or  city  and  county,  when  not 
otherwise  in  this  chapter  provided  for,  so  as  to  secure  more 
perfect  safety  of  the  public  funds,  and  greater  efficiency  in 
all  departments  of  the  service,  and  to  enforce  the  observa- 
tion of  such  rules  and  regulations,  and  to  authorize  the  ap- 
pointment of  such  additional  clerks,  assistant  deputies,  and 
employees  as  in  their  judgment  may  be  necessary  for  the 
proper  discharge  of  the  duties  of  such  offices  and  depart- 
ments. 

General  fund. 

42.  To  appropriate  the  moneys  derived  from  the  revenue 
of  such  city,  or  city  and  county,  to  a  general  fund,  and 
such  funds  as  have  been  heretofore  or  shall  be  hereafter 
established  by  law,  or  the  said  council,  and  as  shall  be  nec- 
essary for  the  proper  and  economical  administration  of  such 
city,  or  city  and  county. 

Free   library. 

43.  To  establish,  maintain,  and  regulate  free  public  li- 
braries and  reading-rooms,  and  to  perpetuate  such  free  li- 
braries and  reading-rooms  as  may  have  been  heretofore  es- 
tablished in  such  cities,  or  cities  and  counties,  heretofore  in- 
corporated. 

Law  library. 

44.  To  provide,  fit  up,  and  furnish,  and  provide  with  fuel, 
lights,    stationery,    and    all    necessary    attendance,    conveni- 


Art  »4  MUNICIPAL    ■'< 'PERORATIONS  «•'• 

onci  s,    and    eare,    rooms    convenient    and  Ae    to    th<' 

courts,  mfficient   fur  tl  1  accommodation  of  a   law 

library  and   tbo&<    whi>   have  roved 

■  i    library,    ami 

■  b  sim^   manner  provide   for  any   law 

library  i  r  etty  and  county,  the 

of  whieh  -  law   to   the  eourts,   tin 

bar,   and    the   city,  or   dty   ami   com  rument     The 

municipal    council    sbnll    ha\.     [*.w.r.    and    ''    shall    be    tin  ir 

daty,  to  appropriat  tnd  or.i.r  paid  oat  of  tbe  praper 

fuml  such  sums  as  n  ay  bo  necessary  I 

nd   maintain   I 
tuate    any    such    hi  retofore    existing    in    such 
city,  or  city   ami   county. 

Building   comn.  • 

To  appoint   a  committer  of  five,   three   from  the  board 

•  f  aldi  rmen  and  two  from  the  house  of  assistant  alder 

to  be  denominated   tbe  "Building  Comml  superin 

tend  tl onatrnetion  >>f  building  kruet- 

e.l    fbf   Mich    city,   or  city   and   county,   >>r    now   in    pr 

construction    therefor,    and    to    appofl  I  foT    such 

committee,   and   to  fix   his  • 

also  to  appoinl  rintendenl  and  architect   therefor,  fix 

tln-ir  reepectii  -!i,l  require  of  such  superin- 

tendent  and  arehil  sureties1 

litioaed   foi  the  faithful   perfoxmaace  of  their  duty,  in 

such   sums  as    may    1..    .!■  BUM  BTJ, 

if  city  if.' 

17.      Tn   divide   the   city,  or  city  and   county,  by  ordinance, 

into  twelve  wards,  to   fix  the    boundaries    thereof,    and    to 

Change    tin     same    from    time     to     time;     provided,     that     m> 

change  in  tin  benoxdaxies  of  anj  dJ  be  made  within 

':.,  f ..r.      the    ,|,i-  ;    £,  in  ral    <  lection, 

aor  within    twenty    months   after   the   same   shall   have    1 
lished  <»r  altered. 

Levy   and  collection  of  revenue. 

iv     To   provide    for   tin    levy,   collection,   and   appropria- 
tion of  nvei. ue  beretofori    by  law-  provided  to  be  coll 

for    the    erection    and    completion,   of   any   public    building    in 


'■"  MINICIPAL   CORPORATIONS.  Act  234S,  }§  65-67 

and  for  such  city,  or  city  and  county,  in  the  manner  as 
heretofore  provided  by  any  law  of  this  state  for  the  levy, 
collection,  and   appropriation   of  the   same. 

Board  of  equalization. 

Sec.  65.  The  municipal  council  shall  constitute  a  board 
of  equalization  for  such  city,  or  city  and  county,  and  as 
such  shall  have  the  powers  conferred  by  the  general  laws 
regulating  the  assessment  and  collection  of  taxes,  when  not 
inconsistent  with  the  provisions  of  this  chapter. 

Definition  of  public  streets. 

Sec.  66.  All  the  streets,  lanes,  alleys,  places,  or  courts, 
as  laid  down  on  the  official  map  of  such  city,  or  city  and 
county,  and  all  other  streets,  lanes,  alleys,  places  or  courts 
now  dedicated  or  open  to  public  use,  are  hereby  declared 
to  be  open  public  streets,  lanes,  alleys,  places  or  courts  for 
the  purpose  of  this  chapter;  aud  the  municipal  council  is  in- 
vested with  jurisdiction  to  order  any  of  the  work  mentioned 
in  section  sixty-seven  of  this  act  to  be  done  on  any  of  said 
streets,  lanes,  alleys,  places,  or  courts,  when  the  grade  and 
width  of  said  streets,  lanes,  alleys,  places,  or  courts  have 
been  officially  established;  and  for  the  purposes  of  this 
chapter  the  grade  of  all  intermediate  or  intersecting  streets, 
lanes,  alleys,  places,  or  courts  in  any  one  block  shall  con- 
form to  the  grades  as  established  of  the  crossings  of  the 
main  streets. 

Grading  streets. 

Sec.  67.  The  municipal  council  is  hereby  authorized  and 
empowered  to  order  the  whole  or  any  portion  of  the  said 
streets,  lanes,  alleys,  places,  or  courts  graded  or  regraded 
to  the  officdal  grade,  planked  or  replanked,  paved  or  repaved, 
macadamized  or  remacadamized,  piled  or  repiled,  capped 
or  recapped,  and  to  order  sidewalks,  sewers,  cess-pools, 
man-holes,  culverts,  curbing,  and  cross-walks  to  be  con- 
structed, and  to  order  any  streets  and  sewers  cleaned,  and 
to  order  any  other  work  to  be  done  which  shall  be  nec- 
essary to  make  and  complete  the  whole  or  any  portion  of 
said  streets,  lanes,  alleys,  places,  or  courts,  and  they  may 
order  any  of  the  said  work  to  be  improved;  and  when  any 
street,  or  portion  of  a  street  has  been  or  shall  hereafter  be 
constructed  to  the  satisfaction  of  the  municipal  council  and 
tie  superintendent  of  streets,  and  shall   have  a  bricJc  sewer, 


■  IRP0RAT10N& 

or  <-emont  or  pipe  constructed  therein,  under  BSjeh 

rrg ■:; '    •  ri     "    I  I  ■:  I .    the    simr 

SI     I     '  -Vll!     b>      kept     Opeil 

and   irti]  I  ity  and  county,  the  ox] 

ritb  all  work  done  In  front  of  city,  or  city 
d    "lit    of   the  -art- 

-  proper  fund;  provided,  that  tin    muni 
tnci]  Bhall  >f  any  portion  of  | 

idth    of    the    roadway    ( including    the 

cur!  block    in    length,    or    one    err  ng)  ; 

■  1-d   furtli<r,   that   it  may,  partial!  iitionally, 

or  v. r  or   pipe   then  in 

shall  I       tli>  m    nnne.  -;   of   land 

>n  of  a  p 
'nil    still    remain    and    |  bio    for   sueh 

,ir  and   n  I  tm- 

rtruetion,  when   thereafter  a  sewer  or 

•is  if  no  partial  or 
had.      The   said   s 
ts  shall   keep  in  his  nffieo  a   -  •      f  all 

aoc'  Ihe   same    •  so   that   reference 

may  be  easily   had   thereto. 

Special  a=<:«ssment   for  work  on  private  property. 

The  municipal  council  may  order  work  author- 
ised by  this  ehapter,  tl  t  and  <  rpenst  of  which  is  made 
chai  {cable,  or  i  !    upon   pr:  -  •  •  rty  by 

■"■-■•  t  its   intention 

so    to   do    in    the    fnrm  Intiou    describing   the   work, 

and  rka   "f   I'dh     branches    of     the     muni- 

cipal council,  has  been  published     for    thi  I    of   five 

doing   the    printing   for  such   city,   or   city 
•y,    and    also     in     two     dail;  one     of 

which    Ti'  published    as    a    morning    edition 

and  n    evening    edition,    printed    and    published    in 

such    cit.  for    five    days,    Sundays    and 

non-judicial    d  provi  !•   i.    that    no    such    n 

aha!,  or  order   mad'    for  the  grading  of  any  Btr 

mill  as  th(     frontage    of    the    lots    and    land 

fronting    on    the    work    proposed    to    be    done,    and    described 
in    said    resolution,   or    which    is   to   be    made   liable    for   such 
grading,  except   public  property,  shall  have  been   n 
.,1    by    the    owners    then  of,   or   by    their   agents,    in   u    | 


«T9  MUNICIPAL    CORPORATIONS.  Act  2348,  |  bH 

tion  to  the  said  municipal  council,  stating  that  they  are 
the  owners  and' in.  possession  or  agents  of  the  lots  named 
in  the  petition,  ind  also  requesting  that  such  improve- 
ments or  street  work  shall  be  done.  All  owners  of  lands, 
or  lots,  or  portions  of  lots,  who  may  feel  aggrieved,  or  have 
objection  to  the  ordering  of  the  work  described  in  said  no- 
tice, or  who  may  have  objection  to  any  of  the  subsequent 
proceedings  of  the  municipal  council  in  relation  to  the  work 
mentioned  in  such  notices  of  intention,  or  may  have  any  ob- 
jections to  any  of  the  acts  of  the  superintendent  of  streets, 
and  the  city,  or  city  and  county,  surveyor  of  such  city,  or 
city  and  county,  in  the  discharge  of  any  of  the  obligations  or 
duties  imposed  upon  him  or  them  by  virtue  of  their  offices, 
shall  file  with  the  clerk  of  either  branch  of  the  municipal 
council  a  petition  or  remonstrance,  wherein  they  shall  set 
foith  in  what  respect  they  feel  aggrieved,  or  the  acts  or 
proceedings  to  which  they  object,  wbieh  petition  or  remon- 
strance shall  be  passed  upon  by  the  municipal  council,  and 
its  decisions  thereon  shall  be  final  and  conclusive;  but 
the  municipal  council  shall  not  order  the  work  described 
in  said  notices  to  be  done  unless  all  objections  and  pro- 
tests, that  may  have  been  presented  and  filed  as  aforesaid 
shall  have  been  by  them  disposed  of.  Should  the  owners 
or  agents  of  more  than  one  half  in  frontage  of  the  lots 
and  lands  fronting  on  the  work  proposed  to  be  done,  and 
designated  in  said  notice  or  resolution,  or  liable  to  be 
assessed  for  work,  file  with  the  clerk  of  either  branch  of 
the  municipal  council  written  objections  against  any 
grading  described  in  said  notice,  at  any  time  before 
the  expiration  of  the  publication  of  said  notice  of  inten- 
tion, and  the  publication  thereof,  as  hereinbefore  provided, 
then  and  thereupon  the  municipal  council  shall  be  barred 
from  proceeding  further  for  the  period  of  six  months,  and 
shall  not  renew  the  notice  of  intention  for  doing  any  street 
work  so  protested  against  within  six  months,  unless  the 
owners  or  agents  of  a  majority  of  the  frontage  of  the  lots 
and  land  fronting  on  said  street  work,  or  liable  to  be 
assessed  therefor  as  aforesaid,  shall  petition  anew  for 
the  work  to  be  done.  At  the  expiration  of  any  notice  of 
intention,  the  municipal  council  shall  be  deemed  to  have 
acquired  jurisdiction  to  order  any  work  to  be  done  which 
ia  authorized  by  this  chapter;  and  it  is  further  provided, 
that  where  any  public  street  shall  have  been  graded,  or 
graded  and  macadamized,  or  graded  and  paved,  for  the 
distance    of   one    or   two    blocks    upon    each    side    thereof   of 


IIATIONS.  •*> 

any   one  or   two    bl  ng  of  a  street   which   im  tint 

irnpr<.\ -i-.l,   it   slmll   be    the   duty  of   the   municipal   conTi.'i!,   tip- 
on    the    recommendation    of 

rder   the   n^t'                 Led  in   this   s< •■■tion   to   be   given 

without     the    ]»••  t  i  t  :tn.1    if    tho 

land  and  lots 
fronting  on  men   porl  ided   of 

Impi  i ''.  within   the   tame   prescribed   La  said   n 

file  writt.  »nfl  to   tht  I      '•    MM  v' 

b   shall  be  a  bar   f^r  six  montht   for  the  do 
in;;  of  aaid  work  or  making  said  imj 
ur   improvi  ment    ;  * 

•  ■,    man  boles,    ml  dka,     and 

« i  <  1  ■  muni  pi  pa]  council  shall  duly  cm  I  nb- 

i   work]   and   if  it   shall  d< 
and    declare  try    in    tho   minutes    of   both    bnu 

thereof  that  the  ol  -.  ipoii 

it  thai]  Lx  to  ordi  r  any 

suel  I  in  said  no- 

farther,  that  arhei  ill  of  more  of  the 

ling,    planking,    ma  ng,    paving  king,    or 

of  any  onr>  street.   Iytn|  main   Itl 

ed,  the   mnnicipaJ  conn- 
iv  order  the  remainder  of  sueh  grading,  planking,  ma- 
imiaing,   paving,  sidewalking.   er   sewering  Lone, 

notwithstanding  tl  .11  of  the 

rs. 

r  of  compelling  certain  Lone, 

i    more  thaa  one  half  in  fr 
of  lots  and  lands  fronting  on  ai  lane,  alley,  place, 

or  court,  t,  or  th<  ir 

duly   authorial  petit  on    the   said   municipal 

council    to    order    any  -   .  tion 

en  of  this  act   to  be     done;  and     the     said     1 
may  order  the  work  mentioned  in  said  petition  to  I" 
after  n..ti.i    of  their  Intention  so  to  do  has  been  pubh 


6-1  MIN1CIPAL    CORPORATIONS.        Act  2348,  §  J  70,  <1 

as  provided  in  section  sixty-eight  of  this  act.  No  order 
or  permission  shall  be  given  to  grade,  or  pile  and  cap,  any 
street,  lane,  alley,  place,  or  court,  in  the  first  instance, 
or  any  portion  thereof,  without  extending  or  completing 
the  same  throughout  the  whole  width  of  said  street,  lane, 
alley,  place,  or  court.  When  any  such  work  has  heretofore 
been  done,  or  when  any  such  work  shall  hereafter  be  done, 
in  violation  of  this  section,  neither  the  lots  or  portions  of 
lots  in  front  of  which  such  work  has  been  or  may  be  done 
hereafter,  nor  the  owners  thereof,  shall  be  exempt  from  as- 
sessments made  for  the  payment  of  the  work  afterwards 
done  to  complete  said  street,  lane,  alley,  place  or  court  to  its 
full  width,  as  provided  in  this  chapter. 

May  be  transmitted. 

Sec.  70.  At  the  expiration  of  publication  of  such  notice, 
the  clerk  of  either  branch  of  the  municipal  council  shall 
cause  to  be  transmitted  to  the  city,  or  city  and  county,  sur- 
veyor, and  to  the  superintendent  of  streets  of  such  city, 
or  city  and  county,  a  copy  of  the  resolution,  order  or  ordi- 
nance authorizing  the  said  street  work.  The  said  surveyor 
shall  thereupon,  within  fifteen  days  from  the  completion  of 
the  publication  mentioned  in  the  last  section,  transmit  to 
said  municipal  council  a  map  of  the  district  to  be  benefited 
by  said  street  improvement;  which  map  shall  show  the  rel- 
ative location  of  each  lot  to  the  work  proposed  to  be  done, 
and  be  signed  by  said  surveyor.  The  superintendent  of 
streets  shall  also  thereupon,  within  fifteen  days  from  the 
completion  of  said  puDlication,  transmit  to  the  municipal 
council  an  estimate  of  the  cost  and  expense  of  said  improve- 
ment, which  said  estimate  shall  contain  the  items  compos- 
ing the  gross  sum  estimated,  and  shall  be  signed  by  said 
superintendent. 

Adoption  or  modification   of  map. 

Sec.  71.  The  municipal  council  shall,  at  the  first  meet- 
ing after  the  receipt  of  such  map  and  estimate,  or  as  soon 


Act  2J4S.  §  71  MUNICIPAL    CORPORATIONS.  SSI 

aa   may   1  ibl<  .    either   adopt,   modify,   or  reject   the 

same,  and. after  its  final  action  upon  said  map  and  estimate, 

the    same    shall     be    tsansm  •  rintcmh  nt    of 

ta,   who  shall   record    the  aaiM  in   a  book   to  be  kept 
by  him    for  such    pui  and    '••    said   sup«  rintendent  shall 

forthwith    prepare    plans    ar  ns    for    such    sfr-i-t 

work,  and  tho  elerk  <>f  sithsz  branch  of  the  municipal  Coun- 
cil shall  aanai  ieuooaly  posted  in   the 

adent,  and  also  published  for  t  ■  non- 

jndieia]  \)    in    the    newspaper*    hereinbefore 

mention,  d,    a    notice    Inviting    Sealed    proposals    to    .•mi 
for  •  eontemplati  d  I  Formed     such  work  aol 

to   }..    performed,   nor  for   the   same   mad.      r 

red  into,  until  after  t!  -  sufficient  for  the  pay* 

ment  of  the  costs  and  •  "    >f  shall  have  been  lev- 

and    paid    into    the    treasury    of   such    city,    or 

city  and   county,  ax  hereinafter   provided;   which   notice  shall 

substantially   contain    the   plana    ami    specifications    above 

mentioned;    and   all   no*  -       'utions,   ami   Olden   required 

t„  b<  r  pnbHahed  ander  the  provisions  of  this  chap- 

ter shall  I   or   published,  or    both    posted    and    pub- 

lished, as  the  law  may  require,  by  said  clerk,  as  "a  Matte* 
of  course,  and  without  any  Special  direction  or  authority 
from  said  municipal  council.  The  said  superintendent  shall 
furnish  specifications  for  the  performance  of  any  and  all 
Street  work  u  dered  by  the  municipal  council  and  authorized 
by  this  chapter,  and  the  time  within  which  said  work  must 
be  completed  after  entering  into  the  contract  for  doing  the 
8ttme,  mi  proposals  shall  be  delivered  to  the  clerk  of 
either  branch  of  the  municipal  council,  and  the  house  of 
which  he  is  the  clerk  shall,  in  open  session,  open,  ex- 
amine, and  publicly  declare  the  BUBe;  and  all  proposals 
shall  be  for  a  price  payable  in  gold  coin  of  the  Unit.-d 
States;  provided,  said  municipal  council  may  reject  any 
and  all  proposals  should  they  deem  it  for  the  public  good, 
and    also    may    reject    thi     proposals   of   any    party    who    may 


683  MUNICIPAL    CORPORATIONS.  Act  2318,  J  "1 

be   proved    delinquent    or   unfaithful    with    any   former    con- 
tract with  suc'u  city,  or  city  and  county;  and  if  all  proposals 
shall    be    rejected,    the    municipal    council    shall    direct    the 
clerk    of    either    house    thereof    to    ngain    post    said    notice, 
and    publish    the    same    as    in    the    first    instance.      All    pro- 
posals  shall   be   accompanied   with    a   bond   to   such   city,   or 
city    and    county,    to    be    approved    by    the    clerk    of    either 
house     of     said     municipal     council,     in    the     sum     of     one 
thousand    dollars,    and    in    such    additional    amount    as    may 
be  fixed  by  said  superintendent  of  streets,   with   two   good 
and    sufficient    sureties,    who    must    be    freeholders    of    such 
city,  or  city  and  county,  said  sureties  to  justify  in  double  the 
amount,   conditioned    that    the    party   making   such   proposal 
shall,  or  will,  within  ten  days  after  notice  from  said  super- 
intendent  that   the   moneys  for  the   cost   and    expenses   for 
such  work  have  been  paid  into  the  treasury,   enter  into   a 
contract  with   such   city,   or   city   and   county,   in   pursuance 
of  such   proposal,   and   to   commence   such   work   within   five 
days    after    the    execution    of    such    contract,    and    complete 
the    same    within    the    time    mentioned    in    the    said    plans 
and    specifications,    or    either    of    them,    or   within    any    ex- 
tended   time;    it   is   further   provided,   that    all   persons   pro- 
posing,  owners   included,   who   shall   fail   to    enter   into    any 
contract   as   herein   provided,   or   to    complete   the    contracts 
entered   into,   are   hereby   prohibited   from   proposing   a   sec- 
ond  time  for  the  same  work;   and  in  case  of  owners,  they 
are    hereby    prohibited    from     electing     to     take     the     same 
work   a   second   time,   and   from   entering  into    any   contract 
concerning  the   same.      At   any  time   within  five   days   after 
such    money    has   been   paid   into    the    treasury,    the    owners 
of  a  majority  of  the  frontage  of  lots  and  lands  liable  to  be 
assessed    for    said    work,    or    their    agents,    and    who    shall 
make    oath    that    they    are    such    owners,    or    the    agents    of 
such   owners,  may  elect   to   do   the   said  work,   and   to   enter 
into  a  written   contract  to  do  the  whole  work  at  the  price 
for   which    the   same    is    awarded,     upon    giving    the    bond 


Act  :Htf.  |  11  MUNICIPAL    CORPOBATXOira.  6S4 

as  h<  ri  i'i.-iftrr  provide ;  ami  they  Bhall  commence  said 
work  wit hin  five  .piys  .-i ft f-r  the  ex< cntion  of  such  contract, 
and  shall  prosecute  it  diligently  and  continuously,  :iml 
complete  it  within  kke  time  limited  in  the  contract,  or 
within  any  extended  time;  l.tit  should  the  said  contractor, 
or   the   property   owners,    fail    to    proeeeute   the   same   dili- 

'y  or  continuously,  in  the  judgment  of  said  superin- 
tendent, or  ompht.-  it  within  the  tim.'  pr.  scribed  in  the 
.'ontra.  i,  ,,r  within  tin-  extended  time,  then  it  shall  be 
the    duty    of    H.-iid    snj.i -rint.  ml.  nt  t    the    same   to    the 

municipal    council,    who    shall    iinmediat.lv    order    the    clerk    of 
either    I. much    ol    the    municipal    council    to    advertise    for    pro- 
-    in    the    first    in-tan. ••■.    and    r«  let    the    contract    in    the 

manner  hereinbefore  provided;  and  it  is  further  provided  tliat 

all  oontructors    for  -k   win II,  at   the   time  of  entering 

into  said  contract,  execute  a  bond  payable  to  such  city,  city 
or  county,  with  two  or  vote  sureties,  in  the  sum  of  not 
than  one  thousand  dollars,  and  in  such  additional  amount  as 
may  be  I i x . • . I  by  said  supcrinti  mlent.  eondit ioned  for  the  faith- 
ful j'trfonnati  raet;  ami  said  sureties  shall  jus- 
tify in  double  the  amount  of  the  penalty  fixed  in  said  bond; 
such  sureties  to  justify  before  said  superintendent  or  his  dep- 
uty, and  the  .(ualitic-itions  and  responsibility  of  such  sureties 
shall  be  tin  same  as  prescribed  for  sureties  on  the  official 
bond£  of  the  officers  of  such  city,  or  city  and  county;  and  it 
is  further  provided  that  in  case  of  the  non  fulfillment  by  the 
obligor  in  either  of  the  bonds  mentioned  in  this  section,  of  the 
conditions  thereof,  it  shall  be  the  duty  of  the  city,  or  city  and 
county,  attorney  to  sue  for  and  collect  the  sum  in  said  bond 
mention.. I,  in  any  court  of  competent  jurisdiction,  and  pay 
the  same  into  th.  city  and  county  treasury,  to  the  credit  of 
the  proper  fund. 

Assessment. 

Sec.  7'2.  After  the  proposal  shall  have  been  received  and 
considered  by  the  municipal  council,  the  superintendent  of 
streets  shall  make  an  assessment  in  proportion  to  the  benefit 


MS  MUNICIPAL    CORPORATIONS.  Act  2348.  §  7S 

upon  all  the  land  in  the  district  shown  upon  said  map.  Said 
assessment  shall  show  the  work  proposed  to  be  done,  the  esti- 
mated cost  thereof,  the  rate  per  front  foot  assessed  against 
each  lot  within  the  assessment  district,  the  amount  of  each 
assessment,  the  name  of  the  owner  of  each  lot,  or  portion  of 
lot,  if  known  to  the  superintendent,  and  if  such  owner  be  un- 
known, the  word  "Unknown"  shall  be  written  opposite  the 
number  of- the  lot  (but  an  assessment  made  to  a  person  not  the 
owner  shall  not  render  such  assessment  illegal),  and  the  amount 
assessed  thereon,  the  number  of  each  lot,  or  portion  of  lot,  as- 
sessed, and  shall  have  attached  thereto  a  diagram  showing  the 
assessment  district,  and  the  relative  location  of  each  lot  as- 
sessed to  the  work  proposed  to  be  done,  each  lot  being  num- 
bered in  said  assessment  and  diagram;  and  when  completed, 
shall  be  signed  by  said  superintendent,  and  transmitted  to  the 
board  of  aldermen. 

Notice  of  hearing  objections  to  assessment  roll. 

Sec.  73.  At  the  first  meeting  of  the  board  of  aldermen, 
after  the  receipt  by  it  of  the  assessment  made  by  said  super- 
intendent, as  soon  thereafter  as  may  be  practicable,  it  shall 
cause  notice  of  the  time  and  place  of  the  hearing  of  all  objec- 
tions to  said  assessment  to  be  published  for  at  least  five  days 
(Sundays  and  non-judicial  days  excepted),  prior  to  the  time 
of  such  hearing,  in  two  daily  newspapers,  one  published  as  a 
morning  edition  and  one  as  an  evening  edition,  in  such  city, 
or  city  and  county.  All  objections  shall  be  heard  in  open  ses- 
sion of  said  board  of  aldermen.  A.t  said  hearing  said  board 
of  aldermen  may  alter,  modify,  or  confirm  said  assessment, 
as  it  shall  deem  proper;  and  said  superintendent  shall  there- 
upon record  said  assessment  and  diagram  in  a  book  to  be 
kept  by  him  for  that  purpose.  When  so  recorded,  the  several 
amounts  assessed  shall  be  deemed  a  tax  levied  upon  the  lands 
described  in  said  assessment  and  diagram,  upon  which  they 
are  respectively  assessed,  and  shall  be  a  lien  upon  such  par- 
cels of  land.  Said  superintendent  shall  give  to  each  assess- 
ment a  number  by  which  the  fund  collected  for  said  work 
shall  be  known,  and  shall  immediately  after  the  record  of  said 


Act  2343,  §§  74,  75  MUNICIPAL    CORPORATIONS.  «S6 

nnent,  as  hereinbefore  provided,  deliver  the  said  assess- 
ment and  diagram  to  tb<  tax  collector  of  such  city  and  county, 
who  shall  thereupon  •  be  published  for  ten  successive 

days    (Sundays  and  non-judicial  days  excepted),  in  two  news- 
papers of  genera]  circulation,  one  of  which  shall  be  published 

■  as  an  evening  edition,  published 
in  such  <-itv,  or  city  and  com  ty.  a  notice  containing  a  descrip 
tion  of  the  proposed  improvement,  and  of  the  portion  of  street 
or  streets  upon  which  the  same  is  proposed  to  be  done,  that 
the  saruo  is  in  his  hands  for  collection;  that  if  said  assessment 
is  not  paid  within  fifteen  days  from  the  date  of  the  last  pub- 
lication of  such  notice,  that  the  same  will  be  delinquent;  that 
the  prop!  rty  assi  ss.  d,  and  upon     which  the  assessment  remains 

il,  will  le  Bold  by  said   tax  collector  for  said  assessment, 
a  brief  description  of  the  property  assessed,  the  amount  as- 
*!:•  reon,  and  the  time  and  place  of  sale,  which  shall  be 
not    leM    than    five    nor   more   than    ten    days   after   such  delin- 
quency. 

Sale  of  property  for  unpaid  taxes. 

Sec.  74.  On  the  day  fixed  for  the  sale,  said  tax  collector,  be- 
tween  the  bourt  \.  M.  and  three  P.  M.,  must  commence 

the  sale  of  the  property  advertised,  upon  which  the  assess- 
I  remains  unpaid,  and  sell  the  same  at  public  vendue,  in 
the  office  of  said  tax  collector,  to  the  person  who  will  take  the 
least  quantity  of  the  respective  parcels  of  land  assessed,  and 
pay  the  assessment  thereon,  together  with  two  dollars  to  said 
tax  collector  for  the  duplicate  certificate  of  sale.  If  the  pur- 
chaser does  not  forthwith  pay  the  amounts  of  the  assessment 
and  costs  by  him  bid,  the  tax  collector  shall  immediately  pro- 
eh  parcel  or  parcels  again,  in  the  same  manner, 
for  the  amount  of  said  assessment  and  costs. 

Duplicate  certificate. 

Sec.  75.  After  receiving  the  amount  of  the  assessment  and 
costs,  said  tax  collector  must  make  out  in  duplicate  a  certifi- 
cate, dated  on  the  day  of  sale,  showing  the  name  of  the  per- 
son assessed,  when  known,  a  brief  description  of  the  property 
sold,  the  street  improvement  for  which  the  assessment  was 
levied,  the  number  of  the  assessment,  that  it  was  sold  for  an 
assessment,  the  amount  thereof,  that  the  same  is  subject  to 
redemption  at  any  time  within  one  year  after  sale,  and  speci- 
fying  the  date  when  the  purchaser  will  be  entitled  to  a  deed; 
and  Upon  payment  to  said  tax  collector  of  the  fee  for  record- 
ing the  same,  said  tax  collector  shall  deliver  one  of  such  du- 


681  JTUNICIPAL    CORPORATIONS.  Act  2348.   §§  76-7S 

plicates  to  the  purchaser,  and  the  same  'lay  file  the  other  in 
the  office  of  the  recorder  of  the  county,  or  city  and  county, 
who  shall  record   the  same. 

Vesting  of  lien. 

Sec.  76.  Upon  filing  the  said  duplicate  in  the  office  of  said 
recorder,  the  lien  aforesaid  is  vested  in  the  purchaser,  and  :s 
only  divested  by  payment  to  him,  or  to  the  treasurer  of  such 
city,  or  city  and  county,  for  his  use,  of  the  purchase  money 
and  costs,  and  two  per  cent  per  month  and  fraction  of  a  month 
up  to  date  of  redemption  thereon.  A  redemption  of  the  prop- 
erty sold  may  be  made  by  the  owner,  or  any  party  in  interest, 
within  twelve  months  from  the  date  of  purchase. 

Deed  to  purchaser  and  conclusions  of  law. 

Sec.  77.  If  property  is  not  redeemed  within  twelve  months 
from  the  date  of  such  sale,  the  tax  collector  must  make  to  the 
purchaser,  or  his  assignee,  a  deed,  reciting  substantially  the 
matters  contained  in  the  certificate,  and  that  no  person  re- 
deemed the  property  during  the  time  allowed  by  law  for  its 
redemption.  The  matters  recited  in  the  certificate  of  sale  must 
be  recited  in  the  deed,  and  such  deed,  duly  acknowledged,  shall 
be  prima  facie  evidence  that : 

1.  The  property  was  assessed  as  required  by  law; 

2.  That  the  assessment  was  not  paid; 

3.  That  the  property  was  sold  at  the  proper  time  and  place, 
and  by  the  proper  officer; 

4.  That  the  person  who  executed  the  deed  was  the  proper 
officer  therefor; 

5.  That  the  title  to  the  property  therein  described  is  vested 
in  the  purchaser,  his  heirs,  or  assigns,  free  from  all  incum- 
branches,  except  taxes  for  purposes  of  revenue. 

Payment  into  treasury  by  tax  eolleetor. 

Sec.  78.  Said  tax  collector  shall  daily  pay  into  the  treas- 
ury of  such  city,  or  city  and  county,  to  the  credit  of  the  proper 
street-improvement  fund,  all  moneys  collected  by  him  on  ac- 
count of  such  fund,  and  shall,  upon  the  receipt  of  any  assess- 
ment, mark  the  same  paid  upon  the  assessment  roll,  and  shall 
receipt  to  the  person  paying  the  same  therefor,  which  receipt 
shall  show  the  number  of  the  street-improvement  fund,  the 
work  done,  the  number  of  the  lot  upon  which  the  assessment' 
is  paid,  and  the  amount  thereof. 


Act  2U8,  1 1  7»-tl  ITUNICIFAX    CORPORATIONS.  6SI 

Certificate  of  payment  into  treasury. 

Sec.  79.  When  the  full  amount  of  such  assessment  has  been 
collected  by  said  tax  collector,  the  said  collector  shall  certify 
to  the  superintendent  of  streets  that  the  same  has  been  col- 
lected ami  paid  into  the  treasury  of  such  city,  or  city  and 
county.  Upon  the  receipt  of  such  certificate  from  the  tax 
collector,  the  Baid  superintendent  shall  forthwith  notify  the 
person  whose  proposal  shall  have  been  accepted  by  the  munici- 
pal council,  as  aforesaid,  of  the  payment  of  such  money  into 
the  treasury,  and  that  such  city,  or  city  and  county,  is  ready 
to  enter  into  a  contract  with  such  person  for  such  work,  in  pur- 
suance of  said  proposal;  and  said  superintendent  shall  hold 
himself  in  readiness  to  exicute  said  contract  on  behalf  of  such 
city,  or  city  and  county.  The  board  of  aldermen  may  extend 
the  time  of  performance  of  the  contract,  as  fixed  by  the  con- 
tract of  specifications,  upon  the  recommendation  of  said  su- 
perintendent; l>ut  the  time  of  the  performance  shall  in  no 
event  be  in  any  manner  extended  beyond  sixty  days  after  the 
time  fixed  in  such  specifications  or  contract  for  the  completion 
of  said  work. 

Certificate  to  contractor  and  publication  of  notice. 

Sec.  SO.  Whenever  any  contract  shall  have  been  completed 
to  the  satisfaction  and  acceptance  of  the  superintendent  of 
Btreets,  he  shall  deliver  to  the  contractor  a  certificate  to  that 
effect,  and  shall  also  notify  said  board  of  aldermen  that  said 
work  and  improvement,  and  the  contract  therefor,  having  been 
completed  to  bis  satisfaction  and  acceptance,  and  that  he  has 
given  to  said  contractor  his  certificate  to  that  effect.  There- 
upon siid  board  of  aldermen  shall  direct  the  clerk  of  said 
board  to  give  notice  by  publication  for  five  days,  in  a  news- 
paper published  and  circulated  in  such  city,  or  city  and  county, 
that  said  work  and  improvement,  and  the  contract  therefor, 
have  been  completed  to  the  satisfaction  and  acceptance  of  the 
superintendent  of  streets  of  such  city,  or  city  and  county. 

Appeal  of  property  owner. 

Sec.  81.  Any  person  owning  property  which  has  been  as- 
1  to  pay  the  cost  and  expenses  of  such  work  and  improve- 
ment, feeling  aggrieved  at  the  manner  in  which  such  work  and 
Improvement  shall  have  been  done,  or  feeling  aggrieved  at  any 
act  or  determination  of  said  superintendent  of  streets  in  rela- 
tion to  said  work  and  improvement  subsequent  to  the  date  of 
tutioti  of  the  contract  therefor,  shall,  within  five  days 
from-  the  first  [  ublication  of  said  notice,  appeal  to  said  board 


6S9  MUNICIPAL    CORPORATIONS.  Act  2348,  §  82 

of  aldermen  by  briefly  stating  their  objections  in  writing,  and 
by  filing  the  same  with  the  clerk  of  said  board.  At  the  meet- 
ii!g  of  the  board  next  ensuing  after  thte  expiration  of  said 
five  days  allowed  above  for  filing  said  objections,  the  said 
board,  if  no  objections  have  been  filed,  shall,  by  resolution, 
ratify  and  confirm  all  said  acts  of  said  superintendent  of 
streets,  and  shall  accept  such  work  cud  improvement.  But  if 
any  such  objections  last  aforesaid  snail  have  been  filed  within 
?aid  five  days,  then  said  board  shall  fix  the  time  for  hearing 
such  objections,  and  shall  direct  he  clerk  of  said  board  to 
notify  all  persons  desirous  of  being  heard  upon  said  objec- 
tions of  the  time  and  place  when  and  where  said  board  wil! 
hear  all  parties  desiring  to  be  heard  'inon  the  same.  Paid  no- 
tice shall  be  in  writing,  and  shall  be  given  by  posting  the  same 
in  three  of  the  most  conspicuous  public  places  in  such  city,  or 
city  and  county,  and  published  five  days  in  two  daily  news- 
papers (one  morning  and  one  evening  edition),  at  least  five 
days  before  the  time  set  for  said  hearing.  At  the  time  and 
place  fixed  for  said  hearing  of  said  objections,  said  board 
shall  proceed  to  hear  all  parties  present  and  desiring  to  be 
heard  upon  the  matters  specified  in  such  objections.  And 
whenever  said  board  shall  have  determined,  by  personal  inspec- 
tion or  otherwise,  that  said  work  and  improvement  objected  to 
have  been  completed  in  all  respects  according  to  the  contract 
therefor,  they  shall,  by  resolution,  accept  said  work  and  im- 
provement, and  ratify  and  confirm  all  said  acts  of  said  super- 
intendent of  streets  in  relation  thereto. 

Notice  to  superintendent  of  streets. 

Sec.  82.  If,  upoD  sueh  hearing,  said  board  of  aldermen  shall 
determine,  by  personal  inspection  or  otherwise,  that  said  work 
and  improvement  have  not  beeu  performed  according  to  the 
contract  therefor,  then  they  shall  notify  the  said  superintendent 
of  streets  to  that  effect,  specifying  in  said  notice  to  him  the 
particulars  in  which  said  contract  has  not  been  performed. 
And  said  superintendent  of  streets  shall  thereupon  at  once 
cause  said  contractor  to  complete  said  work  and  improvement 
under  the  contract  therefor  in  those  particulars  specified  by 
said  board  in  said  notice  to  said  superintendent  of  streets. 
Whenever  said  board  shall  ascertain  that  said  work  and  im- 
provement have  been  completed  in  all  respects  according  to 
the  terms  of  the  contract  therefor,  they  shall,  by  resolution, 
accept  such  work  and  improvement.  All  acts  and  determina- 
tions of  said  beard  of  aldermen  upon  appeals,  under  the  pro- 
visions of  this  and  the  next  preceding  section,  shall  be  final 
Gen.  Law» — 44 


Act  2348.  85  83,  84  PALCORPO  «*> 

and  conclusive  upon  all  persons  entitled  to  an  appeal  there- 
under. 

Payment  to  contra 

Sec.  83.     Whenever    any    work    or    Improvement    shall    have 
been  so  completed   upon  i!l--y,  court,  or  place 

in  slid,  c  and  county,  for  the  payment  of  costs  and 

ea  "i  which  an  assessment  shall  hav<    !>•  i  n  levied  and 

collei  :   tin    provisions  oi  the  said  board  of 

aldermen  shall,  by  resolution,  direel  the  treasurer  to  pay  out 
of  the  appropriate  fund,  at  the  expiration  of  fifteen  days  from 

the  ii    resolution,    to    the    contractor    who    shall 

eted    Baid    work   and    improvement,   the   amount 

to  which  under  the  terms  of  his  contract;  pro- 

vided,  however,  that  such   pa;  isurer  shall  be 

the    following    ■  to    wit:   that    any 

person  or  trmed  labor  apOO  or  furnished 

i..i    the  construction  of  said   work   or   improvement, 

tile  within   said    lift-  .    with   the   treasurer,  any    writ 

ten  c  or  they  n  aj  ceount  of  such 

labor   performed   or   materials    furnished;  and   at   the   expire 
tion  of  said  fifteen  r  shall  paj   to  said  con- 

lasl  ■  mied  resolution,  lees 

the  mt   of  all  such  claims,  if  any,  theretofore 

filed  with   the   |  -■tion.      Should 

any   money   be   retained   by   said   treasurer  o  •  t  of  such 

claim    or    clain  er   the  amount    of   each    claim 

only    upon   the  order  therefor  of  —actor,   indorsed  by 

or  Upon  the  order  therefor  of  any 
court  of  competent  jurisdiction. 

I   of  moiii 

ii.  And  when  all  moneys  required  to  be  paid  by  the 
-aid  treasurer,  under  the  last  preceding  section,  shall  have 
been  by  him   pai  1.  as  required  in  ion,  if  there  is  any 

money    remaining    in    the    fund    out    of    which    said    paymi 
shall   have  I  een   made  a^  aforesaid,  it   shall  be  the  duty  of  sail 
surer  immediately  to  report  the  amount  of  said  remaining 
moneys  to  said  board  of  aldermen.     Thereupon  it  shali  be  the 
duty    of    said    board    to  and    direct    said    treasurer   to 

distribute  and  repay  such  remaining  moneys,  and  in  the  pro- 
portion of  the  amounts  of  the  original  assessments,  to  the 
persons  by  or   for   whom  said  original  -re   paid. 

or  to  the;r  legal  representatives.  Ami  it  shall  be  the  duty  of 
said  treasurer,  in  each  instance  of  such  repayment,  to  require. 


691  MUNICIPAL    CORPORATION'S.  Act  2348,  §J  S5-«7 

receive  and  file  away  a  receipt  of  said  proportionate  amount 
from  said  persons  or  their  legal  representatives.  And  in  no 
case  shall  a  contractor  who  has  failed  to  fulfill  the  terms  and 
conditions  of  his  contract  be  entitled  to  receive  any  portion 
of  the  contract  price  therefor,  and  he  shall  be  deemed  to  have 
forfeited  all  right  to  recover  or  receive  any  compensation  what- 
ever under  said  contract. 

Kind  of  labor  on  accepted   streets. 

Sec.  85.  No  contract  to  do  any  work  upon  any  accepted 
streets,  other  than  cleaning  streets  and  sewers,  shall  be  let, 
but  such  work  shall  be  done  under  the  direction  of  the  super- 
intendent of  streets,  by  laborers  employed  by  such  city,  or 
city  and  county,  through  said  superintendent,  at  such  wages 
as  may  be  from  time  to  time  fixed  by  the  municipal  council. 
All  contracts  for  materials  necessary  to  be  used  for  work  on 
accepted  streets  must  be  given  by  the  municipal  council  to  the 
lowest  bidder  offering  adequate  security,  after  clue  public  no- 
tice, for  not  less  than  five  days,  in  at  least  two  newspapers 
published  in  such  city,  or  city  and  county. 

Repairing  streets,  sewer,  etc. 

See.  86.  In  case  of  urgent  necessity,  the  superintendent  of 
streets  may,  and  it  shall  be  his  duty  to,  repair  any  of  the  un- 
accepted public  streets,  sewers,  or  crossings  cornering  thereon; 
and  the  expense  of  the  same  shall  be  paid  out  of  the  street- 
department  fund,  in  the  same  manner  as  provided  for  the 
improvement  of  accepted  streets;  and  all  such  repairs  shall 
be  made  in  uniformity  with  the  work  to  be  repaired,  but  such 
repairs  between  two  main  streets  shall  not  exceed  in  cost  the 
sum  of  two  hundred  dollars,  and  the  repairs  of  any  crossing 
shall  not  exceed  in  cost  the  sum  of  one  hundred  dollars;  pro- 
vided, the  sums  so  expended  shall  not  exceed  the  sum  of  two 
thousand  dollars  in  any  one  month.  Such  work,  and  the  ma- 
terial therefor,  shall  be  performed  and  provided  in  the  same 
manner  as  provided  in  the  foregoing  section  concerning  labor 
ami  material  for  accepted  streets. 

No  recourse  on  city  for  damage  for  accident  on  defective  street. 

See  87.  No  recourse  shall  be  had  against  such  city,  or  city 
and  county,  for  damage  to  person  or  property  suffered  or  sus- 
tained by  or  by  reason  of  the  defective  condition  of  any  street 
or  p, il  lie  highway  of  such  city,  or  city  and  county,  whether 
originally  existing  or  occasioned  by  construction,  excavation, 
or  embankment,  or  want  of  repair  of  said  street  or  public  high- 


Act  2348,  }  88  MINICIPAL    CORPORATIONS.  692 

way;  ami  whether  Btieh  damage  be  occasioned  by  accident  on 
said  street  or  public  highway,  or  by  falling  from  or  upon  the 
same;  but  if  any  person,  while  carefully  osing  any  street  or 
public  highway  of  apeb  city  and  county,  graded,  or  in  course 
of  being  graded,  or  carefully  ash  ther  street  or  public 

highway  leading  into  or  crossing  the  same,  be  Injured,  killed, 
lost.  .>r   any   horses,   animals,   or   other   property 

he  lost,  injured,  or  !.  through  any  defect  in  said  sti 

or  pul  He  highway,  grade  I,  or  in  course  of  being  graded,  as 
aforesaid,    *  by  reason  of  a  embankment  in 

or  of  the  same,  or  by  falling  from  or  upon  sueh  embankment 
or  ■  then   the  person  or  persona  upon   whom  the  law 

may  impose  the  duty  either  to  repair  such  defect  or  to  guard 
the  public  from  the  excavation,  embankment,  or  grading  afore 
Baid,  and  also  the  officer  or  officers  through  whose  otlicial  ncg- 

lired,  or  said   excavation  or 
inkment  remained  unguarded  as  aforesaid,  shall  be  jointly 
and   severally   liable  to  the  persou  or  persons  injured   for  the 
damag  •  ed. 

Improvement  of  streets   by  property   owners. 

-  3,     The  superintendent  of  streets  may   require,  at  his 
option,  ! '..  writing,  to  be  delivered  to  them  personally 

or  left   on  the   premises,  the  owm  is,  or  occupants  of 

irtions  of  lots  liable  to  be  assessed  for  work  done 
under  the  provisions  of  this  chapter,  to  improve  forthwith  any 
irk  mentioned  in  section  sixty  s.  veil  of  this  act  in  front 
of  the  property  of  which  he  is  the  owner,  tenant,  or  occupant, 
to  the  center  of  the  street  or  otherwise,  as  the  case  may  re- 
quire, or  to  remove  all  filth,  sand,  earth,  or  dirt  from  the 
Btreet  in  front  of  the  premises;  and,  by  a  like  notice,  to  be 
si  rved  pi  rsonally  upon  the  president  or  any  officer  of  a  rail- 
r  »ad  corporation  or  company,  or  to  be  left  at  the  office  of  said 
corporation  or  company,  to  require  such  corporation  or  com- 
pany to  improve  forthwith  any  work  mentioned  in  this  chap 
ter  which  saia  corporation  or  company  are  required  by  law  to 
do  and  perform;  said  notice  to  specify  what  improvement  is 
required  or  work  is  to  be  done.     After  the  expiration  of  five 


C9S  MUNICIPAL   CORPORATIONS.  Act  234S,  5  g  89,  90 

days,  if  such  notice  shall  not  have  been  complied  with,  such 
proceedings  shall  be  taken  by  the  proper  authorities  to  cause 
the  moneys  necessary  for  the  doing  of  such  work  to  be  paid 
into  the  treasury  as  is  hereinbefore  provided  in  reference  to 
work  and  improvements  upon  unaccepted  streets,  and  to  be 
paid  for  in  the  same  manner. 

Notice,  how  served. 

Sec.  89.  Notices  in  writing,  which  are  required  to  be  given 
by  the  superintendent  of  streets,  under  the  provisions  of  tnis 
chapter,  may  be  served  by  any  police  officer,  or  by  any  malo 
eitizen  over  the  age  of  twenty-one  years;  and  the  fact  of  such 
service  shall  be  verified  by  the  oath  of  the  person  making  it, 
taken  before  the  "superintendent  (who  is  hereby  authorized  to 
administer  oaths),  or  any  other  person  authorized  to  admin- 
ister oaths.  The  superintendent  of  streets  shall  keep  a  record 
of  the  fact  giving  such  notices  and  proof  of  services,  and  shall 
keep  the  original  proof  thereof. 

Levy  of  taxes. 

Sec.  90.  1.  On  or  before  the  fourth  Monday  of  July,  an- 
nually, the  municipal  council  of  such  city,  or  city  and  county, 
shall  levy  the  amount  of  taxes  for  city,  or  city  and  county, 
purposes,  required  by  law  to  be  levied  upon  all  property  not 
exempt  from  taxation;  said  amount  to  be  sueh  as  the  said 
council  may  deem  sufficient  to  provide  for  the  payment  of  all 
demands  upon  the  treasury  authorized  by  law  to  be  paid  out 
of  the  same;  provided,  that  such  taxation,  exclusive  of  any 
and  all  special  taxes,  now  or  which'  hereafter  may  be  author- 
ized by  law,  shall  not  in  the  aggregate  exceed  the  rate  of 
one  dollar  upon  each  one  hundred  dollars  valuation  of  the 
property  assessed;  provided  further,  that  the  said  municipal 
council  shall,  in  making  the  said  levy  of  taxes,  apportion  and 
divide  the  taxes  so  levied,  and  to  be  collected  and  applied  to 
the  several  specific  funds  known  as  the  corporation  debt  fund, 
general  fund,  school  fund,  street-light  fund,  street-department 
fund,  or  other  fund  provided  for  by  law  or  by  the  said  coun- 
cil,  according  to  the  estimate   of  said  council  of  the  necessi- 


Act  2M8,  }  90  MrNI^IPAL    CORrORATIONS.  CM 

Kept  thai  the  rate  for  ti  fund 

shall  1 1 •  •  t  azeeed  thirty ■  tiv.-  dollars  fur  each  pupil  who  shaft 
h.-i\i'  attended  and  been  taught  the  preceding  year;  ami  pro- 
rided  farther,  thai  the  said  municipal  council  sin  II  authorize 
thf   i  f  said   money    tor  the   purpoaei   hereafter 

mentioned;  and  at  the  clow,.  ,,»'  each  tl— •-;»  1  \<-ar  the  aald  coun- 
cil shall  direct  the  treasurer  to  ill  surplus  nn.- 
at  -ill  funds,  •  school  fond,  after  liquidating  or 
providing  for  all  o  -  apon  said  funds,  to  the 
ral  Pond;  but  no  money  shall  be  transferred  from  cither 
of  the  said  fundi  to  another,  nor  used  in  paying  any  demi 
upon  such  other  fond,  until  all  the  indebtedness  arising  in  any 
^ar.  and  payable  out  of  said  funds  I  for  said 
flscal  year,  shall  have  been  paid  and  discharged. 

i  lorporation  debt   fund. 

debt   fund  shall  be  applied  to  and  used 
for  the  :  or  provide 

tor  the  'Min-  of  th.'  lawfully  •  .  funded  debta 

ich  city,  or  iitv  an  .  in  accordance  with  law 

at  the  time  of  the  organisation  of  such  city,  or  city  and 
county,  under  this  act. 

General  fund. 

3.  The  general  fund  shall  he  applied  and  used  for  t! 
incut  of  nil  sums  authorised  by  la  aid  out  of  the  geav 

i  ral   fund,  and   not  other  i  led   for  in  this  chapter. 

School  fund. 

1.  Th.'  school  fund  shall  be  applied  ami  used  for  the  pay 
inent  of  all  sums  authorized  by  law  to  be  paid  out  of  the  school 

fund. 

Btieefc-ligbt  fund. 

5.  The  street  light  fund  shall  be  applied  and  used  in  the 
payment  for  lighting  the  streets  of  such  city  and  county,  an.! 
lor  the  r<'|air  of  lamps  ami  p08ts,  in  pursuance  of  any  exist- 
ing or  tut;  Buch  city  and  county. 


695  MUNICIPAL,    CORPORATIONS.  Act  2348,  f  n 

Street-department   fuDd. 

6.  The  street-department  fund  shall  be  applied  and  nsed  for 
repairing  and  improving  all  streets,  lanes,  and  the  crossings 
thereof,  which  shall  have  been  or  hereafter  may  be  accepted, 
so  as  to  become  a  charge  upon  such  city  and  county;  for  clean- 
ing streets,  lanes,  crossings  and  sewers;  and  for  the  expense 
of  improvements  of  streets  in  front  of  school  lots;  for  all 
Btreet  work  in  front  of  or  assessable  upon  property  belonging 
to  such  city  and  county;  for  all  street  work  on  the  water-front 
of  such  city  and  county,  not  by  law  assessable  upon  private 
property;  for  all  work  authorized  by  the  said  council,  upon 
the  recommendation  of  the  superintendent  of  streets,  as  imme- 
diately essential  for  the  safety  of  life,  limb,  or  property,  or 
necessary  for  public  health,  or  which  cannot  be  by  law  as- 
sessed upon  private  property,  and  for  such  other  objects  re- 
lating to  streets  and  highways  as  shall  be  directed  by  law  or 
said  council  to  be  paid  therefrom.  All  moneys  received  from 
licenses  on  vehicles,  from  the  income  from  street  railroads, 
from  fines  and  penalties  for  violation  of  any  law  or  ordinance 
regulating  vehicles  on  the  public  streets,  shall  be  paid  into 
the  street-department  fund. 

No  payment  of  public  funds  unless  authorized  by  law. 

See.  91.  No  payment  can  be  made  from  the  treasury  or  out 
of  the  public  funds  of  such  city,  or  city  and  county,  unless 
the  same  be  specifically  authorized  by  law,  nor  unless  the  de- 
mand which  is  paid  be  duly  audited,  as  in  this  chapter  pro- 
vided, and  that  must  appear  upon  the  face  of  it.  No  demand 
upon  the  treasury  shall  be  allowed  by  the  auditor  in  favor  of 
any  person,  officer,  company,  or  corporation,  in  any  manner 
indebted  thereto  without  first  deducting  the  amount  of  such 
indebtedness,  nor  to  any  person  or  officer  having  the  collection, 
custody,  or  disbursement  of  public  funds,  unless  his  account 
has  been  duly  presented,  passed,  approved,  and  allowed,  as  re- 
quired by  law;  nor  in  favor  of  any  officer  who  shall  have 
neglected  to  make  his  official  returns  or  his  reports,  in  writing, 
in  the  manner  and  at  the  time  required  by  law,  or  by  the  reg- 


\ct  2348,  |S  02,  93  MUNICIPAL,   CORPORATIONS.  «M 

illations  established  by  the  municipal  council;  nor  to  any  offi- 
cer who  shall  have  led  to  comply  with  any  of 
the  provisions  of  this  or  any  other  act  of  the  legislature  regu- 
lating tli>  i  offici  r.  on  being  required  in  writing 
t">  comply  therewith  by  the  president  of  the  board  of  alder- 
.  or  any  member  of  the  finance  oonuaittee  of  the  munici 
jml  council;  "nor  in  favor  of  any  offieoi  for  the  time  he  shall 
have  absented  himself  without  lawful  cause,  froaa  the  duties 
of  his  office,  during  the  offiee  hours  prescribed  in  this  ehapter; 
and  the  auditor  may  esaaaim  any  oilier  receiving  a  salary 
from   the  treasury,  on   oath,   touching  such   al- 

Definition  of  "audi- 

Sec.  92.  The  term  "audited,"  as  used  In  this  chapter  with 
refei  pon  the  treasury,  is  to  be  understood 

[as]  tlnir  ha.  d  to  and  passed  upon  by  OYery 

officer  and  board  of  officers,  and  finally  allowed  as  required  by 
law;   am!  this  must   appear  upon  the  face  of  the  paper  repre- 
and,  or  else  it  is  not  audited. 

What   demands  to  be  audited. 

Sec.  93.  Every  demand  opon  the  treasury,  except  the  sal- 
ary of  the  auditor,  and  including  the  salary  of  the  treasurer, 
must,  bet. >re  it  can  be  paid,  be  presented  to  the  auditor  for 
such  city,  or  city  ami  county,  to  be  allowed,  who  shall  satisfy 
himself  whether  the  money  is  legally  due  and  remains  unpaid, 
ami  whether  the  payment  thereof  from  the  treasury  of  such 
city   and  -   authorized  by   law,  and  out  of  what  fund. 

If  he  allow  it,  he  shall  indorse  upon  it  the  word  ''Allowed," 
\sith  the  aame  of  the  fund  out  of  which  it  is  payable,  with  the 
date   of   such   allowance,   and   si>;n   his   name   thereto;  but   tho 
llu  approval  of   the  auditor,  or  the  municipal  coun- 

cil, or  either  branch  thereof,  or  any  board,  committee,  or  offi- 
cer, of  any  demand  which,  upon  the  face  of  it,  appears  not 
to  have  been  expressly  made  by  law  payable  out  of  the  treas- 
ury or  fund  to  be  charged  therewith,  shall  afford  no  warrant 
to  the  tr<  asurer  or  other  disbursing  officer  for  paying  the  same. 
No  d«inand  can   be  approved,  allowed,  audited,  or  paid,  uuless 


CM  MUNlCtf  AL   CORPORATIONS.  Act  2348,  §  W 

it  specify  each  se\eral  item,  date,  and  value  composing  it,  and 
refer  to  the  law,  by  title,  date,  and  section,  authorizing  tha 
same. 

Demands  of  auditor,  how  allowed. 

Sec.  94.  The  demand  of  the  auditor  for  his  monthly  salary 
shall  be  audited  and  allowed  by  the  president  of  the  board 
of  aldermen.  All  other  monthly  demands  on  account  of  sal- 
aries, allowances,  or  compensations  fixed  by  law  or  this  act, 
and  made  payable  out  of  the  treasury  of  such  city,  or  city  and 
county,  may  be  allowed  by  the  auditor  without  any  approval. 
All  demands  payable  out  of  the  school  fund  must,  before  they 
can  be  allowed  by  the  auditor,  or  paid,  be  previously  approved 
by  the  board  of  education,  or  by  the  president  thereof,  and 
superintendent  of  schools,  acting  under  express  authorization 
of  said  board.  Demands  for  teachers'  wages,  or  other  ex- 
penses appertaining  to  any  school,  cannot  be  approved,  allowed, 
or  audited  to  any  amount  exceeding  the  share  of  school  money 
which  surth  school  will  be  entitled  to  have  apportioned  to  it 
during  the  current  fiscal  year.  All  other  lawful  demands  pay- 
able out  of  the  treasury,  or  any  public  funds  of  such  city,  or 
city  and  county,  and  not  hereinbefore  in  this  section  specified, 
must,  before  they  can  be  allowed  by  the  auditor  in  any  man- 
ner, or  recognized,  or  paid,  be  first  approved  by  the  municipal 
council,  except,  if  the  demand  be  under  two  hundred  dollars, 
by  the  mayor  and  two  members  of  the  board  of  aldermen, 
appointed  by  the  said  board  for  that  purpose,  with  power  to 
act  under  and  subject  to  its  instructions  and  regulations  dur- 
ing recess  of  the  said  board.  The  auditor  must  number  and 
keep  a  record  of  all  demands  on  the  treasury  allowed  by  him, 
showing  the  number,  date,  amount,  and  name  of  the  original 
and  present  holder,  on  what  account  allowed,  out  of  what  fund 
payable,  and,  if  previously  approved,  by  what  officer,  officers, 
or  board  it  has  been  so  approved;  and  it  shall  be  deemed  a 
misdemeanor  in  office  for  the  auditor  to  deliver  any  demand 
with  his  allowance  thereon  until  this  requisite  shall  have  been 
complied  with. 


Act  23«.  J|  9i.  96       MUNICIPAL    CORPORAL  04 

Who    may   adinini-t*  r  oaths. 

Tin      mayor,     mayor's    eWk,     auditor,     auditor's 
clerk,    chief    of    polici  .  -   inert,    president    of 

the  board  of  education,  eacb  member  of  the  municipal 
council,   and   ev<  ry    o1  -    required   by    law   or   ordi- 

nance   to   allow,    audit,   or   certify   demands   upon    the    " 
ury,    or    to    perform    an;  Tidal    act    or   function,   shall 

have  power  to  administer  oaths  and  affirmations,  and   take 
and   bear   testimony,   concerning  any    matter  <>r   thin.:   eon- 
nv  demand  upon   the  treasury,  <<r  otherwise  relat- 
ing to  their  official  duties,     Every  officer  who  shall  appi 

allow,    or    pay    any    demand    on    the    treasury    not    anthoi 

by  law,  or  by  a  valid  ordinance  of  the  municipal  council, 

II  d    in    accordance    with    the    same,    or    in    C8SC    it    is    the 

act  of  a  board,  nrho  shall,  as  a  membir  thereof,  vote  tHr 
the  same,  shall  lie  liable  to  the  city,  <>r  city  and  county, 
individually,  and   on   his  official   bond,   for   tin'  amount   of   the 

demand  so  illegally  approved,  allowed,  or  paid.  Bv<  ry 
Citizen  shall  have  the  rigbt  to  inspect  the  books  of  the 
auditor.  n  taxy     of     the     boaid     of     alder; 

and    clerk    of    the    house    of   assistant    aldermen,    at    any    time 

during  business  hours.  ts  from  said  b 

duly   <".  rtiti.  d.   shall    be   given   by   the   officer   having   | 

in    c  U  n    demanding   the   same    and    paying 

tit'te.  d   i  '  nts  per  folio  of  one  hundred  words  for  such  CO] 

.I    extracts. 

Payment  of  .•  adlted  demands. 

Sec.    96.      l.very    lawful    demand    upon    the    treasury,    duly 
audited    as   in  this   chapter   required,   shall    in    all 
paid   on    presentation,    and    canceled,   and  try 

thereof  be  mad',  if  there  be  sufficient  money  in  the  treas- 
ury belonging  to  the  fund  out  of  which  it  is  payable;  but 
if  there  be  not  sufficient  money  belonging  to  said  fund 
t'i  pav  such  demand,  then  it  shall  be  registered  in  a  I 
i,,  i,,.  kept  by  th ■•  treasurer  for  that  purpose,  showing  i ta 
number,  when    presented,   date,   amount,   name   of   the   origi- 


690  MUNICIPAL    CORPORATIONS.       .'c  i 

nal  holder,  and  on  what  acfount  allowed,  and  out  of 
•what  fund  payable,  and  being  sc  registered,  shall  be 
r*:  urned  to  the  party  presenting  it,  with  an  indorse- 
ment of  the  word  "Registered,"  dated  and  signed  by  the 
treasurer. 

Investigation  of  nonpayment  of  audited  demands. 

Sec.  97.  Whenever  any  audited  demand  has  been  pre- 
sented to  the  treasurer  and  not  paid,  and  it  be  made  known 
to  the  president  of  the  board  of  aldermen,  he  shall  pro- 
ceed immediately  to  investigate  the  cause  for  such  non- 
payment, and  if  it  be  ascertained  that  the  demand  has 
been  illegally  ad  fraudulently  approved  or  allowed,  he 
shall  cause  the  officer  guilty  of  such  illegal  and  fraudulent 
approval  or  allowance  to  be  suspended  and  proceeded 
against  for  misconduct  in  office.  If  he  ascertains  that  the 
djm-'.nd  has  been  duly  audited  and  that  the  treasurer  has 
funds  applicable  to  the  payment  thereof,  which,  without 
reasi  nable  grounds  for  doubt  as  to  the  legality  of  such 
payment,  he  refuses  to  apply  tiiereto,  he  shall  proceed 
Dgainst  him  as  a  defaulter.  If  it  bi  ascertained  that  the 
demand  was  not  paid  for  want  of  funds,  then  he  shall 
cause  the  tax  collector,  or  other  officer  or  person  who 
ought  to  have  collected  or  to  have  paid  the  money  into 
t  treasury,  if  they  have  been  grossly  negligent  therein, 
tn  be  proceeded  against  according  to  law  and  without  de- 
lay. 

Receipts  for  money  by   all  officers. 

Sec.  98.  The  treasurer,  for  all  money  received  into  the 
treasury,  aud  all  other  officers,  of  such  city,  or  city  and 
county,  receiving  money  from  the  treasury  for  disburse- 
ment, shall  give  receipt  for  all  moneys  by  them  received, 
which  receipt  shall  be  presented  to  and  countersigned 
by  the  auditor.  The  auditor,  before  countersigning  any 
such  receipt,  shall  number  it  and  make  an  entry  in  a  book 
of  record   to   be  kept  in  his  office  for  that  purpose,  of  the 


Act  r«a.  ; {  w.  1  ft)     hunmcit  ions.  ?v' 

number,    date,    and    amount,    by    whom    and    in    whose    favor 
giv<  n,    arid     on     l/hut     aeoount.      No    such    receipt    shall    be 
I  as  evidence  in  favor  of  the     person  or  offleer  receiv- 
it    till    pr  litol    and    coir  1    as 

aforesaid;    and    any    person    or    officer    using    or    offering    to 
ii«'    iuen    receipt    as   evidence   in    fnv   r  ;    ri  >n   or 

■    in    it,    ^  first 

I]    forfi  it    tc    si'i-h    city. 

!,t   of  ie  ailed 

in  men   - 

- 

•   by   the 

of    the    auditor,    "r  ~nch 

or    city    and  -  '"", 

in   I  f  or  r-  fusal  bo  approve  or  allow  any  de- 

:  .ri    the    treasury  •    r<nn,    he 

may  appeal  and  have  the  u  I  upon  by  the  tarn 

pal    eouncil,  tbereoi     shall    b<-    final:    and 

if    the    said    couneil    shall    approve    ard    allow    th(     demand, 

bei  (  I  entered 

in     •  roper    book,    in     like    manner     as     other 

allowed  by  him,  and  an   indorsement   must  h-  f  its 

h:i\  so  entered   before   it    eas   be   paid;   but  noth- 

ing  herein   c  iball   be   eonstrned    to   bar   the   party 

eating    the    claim    tron  ting    the    same    in    an-, 

court    of   competent    jurisdiction;    provided,   that    from 

of    the    |  '  'f    the    board    of    education    an  1 

Buperinti  Bchools,    refusing   or   r    I  ng    to    al- 

low any  He  out  of   the  school  fund,  the  appeal 

shall    be  i    the    board    of   education,    whos. 

shall    be    final;    but    nothing    herein    contained    shall    be 
construed  to  bar  the  party   presenting  the  claim   from   ;  I 
Cnting   the   same    in    an;  I    jurisdiction. 

Opinion  of  city  attorni 

In    all    easts   of   such    appeals    to    the    municipal 
council,  or  the  board  of  education,  if,  in  the  opinion  of  said 


TO1  MUNICIPAL    CORPORATIONS.  Act  2348,  §  1C1 

council  or  of  said  board  deemed  expedient,  the  opinion 
of  the  city,  or  city  and  county,  attorney  shall  be  required, 
and  obtained  in  writing,  read,  and  filed;  and  upon  such 
appeal,  and  in  all  other  cases  upon  the  approval  or  allow- 
ance of  any  demand  upon  the  treasury  or  school  fund,  the 
vote  shall  be  taken  by  "yeas"  and  "nays,"  and  entered 
upon  the   records. 

Examination  of  books   of   treasurer   and   other  officers. 

Sec.  101.  The  president  of  the  board  of  aldermen,  in 
conjunction  with  the  auditor  and  the  chairman  of  the 
house  of  delegates  of  such  city,  or  city  and  county,  shall, 
every  month,  examine  the  books  of  the  treasurer  and  other 
officers  of  such  city,  or  city  and  county,  having  the  col- 
lection and  custody  of  the  public  funds,  and  shall  be  per- 
mitted, and  it  shall  be  their  duty,  to  see  and  count  over 
all  the  moneys  remaining  in  the  hands  of  such  treasurer, 
or  other  officer,  after  having  previously  ascertained  the 
amount  which  should  be  remaining  in  his  hands.  The 
finance  committee  shall  also,  twice  a  year,  viz.,  on  the 
first  Monday  in  July  and  January,  make  the  same  examina- 
tion of  books,  count  said  money,  and  report  the  result  to 
the  municipal  council.  If  they  ascertain  clearly  that  such 
treasurer,  or  other  officer,  is  a  defaulter,  they  shall  forth- 
with take  possession  of  all  funds,  books,  and  papers  be- 
longing to  such  office,  and  the  president  of  the  board  of 
aldermen  shall  appoint  a  person  to  fill  the  same  until  the 
said  defaulting  officer  can  be  proceeded  against  according 
to  law,  which  shall  be  done  without  delay,  and  until  the 
said  officer  shall  be  restored  to  duty,  or  office,  or  until  his 
successor  shall  be  appointed,  or  elected  and  qualified. 
The  person  so  appointed  shall  give  bonds  and  take  the 
oath  of  office  in  the  same  manner  as  was  required  of  the 
officer  whose  place  he  is  appointed  to  fill.  If  the  treas 
urer,  or  other  officer  so  discharged  as  defaulter,  be  ac- 
quitted  thereof,  he   shall   resume   his  duties. 


Act  23#.  J}  102.  103      MUNICIPAL    CORPORATIONS.  702 

One-twelfth   law. 

102.       Neither    tho    municipal    council,    the    board    of 
education,    nor    any    othrr    board,    commission,    oonunit 
officer,     >r   pei  power    to    authorize,    allow, 

tract    for,   pay,  ot   render  payable,  and   they   are   prohib- 
its]   from    authorizing,    allowing  sting,    paying,    or 

!it    or   future,   in   any  unc    month, 

any    demand    or    demands,    liability    or    liabilities,    against 

treasury    of    BUCfa    city,    city    and    county,    or    tho    funds 

thereof,    which    shall,    i  ■  ,  ,|    one  twelfth 

part  of  the  run. unit  allowed  by  laws  existing  at  the  time 
tract,  authorization,  allowance,  payment  or  lia- 
bility, to  !"•  <  tpended  within  tin  fiscal  year  of  which  said 
month  is  a  part:  provided,  however,  that  if,  at  the  begin 
ning  df  any  month,  any  money  remains  unexpended  in  any 
of  the  funds  set  apart  for  maintaining  the  municipal  gov- 
ernment of  BUCb  city,  or  city  and  county,  and  which  might 
lawfully     have    been    expended  ling    month,    such 

unexpended    sum    or   sums    may    he    carried    forward    and    ex- 
-  ■!■  r    of    the     municipal     council,     for    the    same 
purpose    allowed    by    1»W    in    any    succeeding    month    of    the 
year.     All    contracts,   authorizations,   allowances,   pay- 
Bd    liabilities    to    pay.    undo     or     attempted     to     be 
made,   in   Violation   of   '  in,  shall   be   absolutely   void, 

and    shall     in  v.  r    b<      th<      foundation    or    basis    of    a    claim 
against    I  I   such   city,   or  city   and   county;   and 

an  r    city    and    county,    aro    hereby 

ftharged    with    notice    of    tho    condition    of    tho    treasury    of 
r  city,  or  city   and   county,  ajid   the  extent  of  the  claims 

against    the    same.  ; 

Duties   of   certain    officers    under   the   one-twelfth    law. 

It  is  the  duty  of  the  superintendent  of  streets 
to  keep  an  i  xe i  account  of  all  street  and  sewer  work 
upon  accepted  StreetB,  and  it  shall  be  the  duty  of  the 
building  committee  to  keep  an  account  of  all  work  done 
on  alb  public  buildings  and  every  other  expenditure  charge- 
Bible  againsl  the  treasury  in  any  of  the  departments  under 
char  I    building    committee    and    officers;    and    it    is 

the  duty  of  the  superintendent  of  schools,  the  president 
of  the  board  of  education,  the  president  of  the  board  of 
ftrS  commissioners,  th<  president  of  the  board  of  election 
directors,  the  presidi  at  of  the  board  of  police  commii 
aioners,     and     every     other     officer     and     board     having      i ,. 


7J'j  MUNICIPAL.   CORPORATIONS.  Act  L'348,  §  104 

power  to  contract  any  demand,  or  to  aid  in  the  contraction 
of  any  demand,  against  said  treasury,  to  keep  an  exact 
and  full  acr-ount  of  all  purchases,  expenditures,  and  lia- 
bilities made  or  contracted  in  their  respective  depart- 
ments; and  for  the  purpose  of  making  such  accounts,  said 
officers  shall  have  power  to  demand  and  receive  from  every 
other  city,  or  city  and  county,  officer,  detailed  statements 
in  writing,  whni  n<  <•<  ssary  to  keep  said  accounts,  and  it  is 
hereby  made  the  duty  of  any  and  all  officers  to  furnish 
said  statements  when  demanded;  such  accounts  shall  be 
constantly  posted  up  to  date,  so  that  it  can  be  known 
exactly  at  any  time  what  part  or  proportion  of  the  monthly 
sum  allowed  by  this  chapter  and  existing  laws  has  been 
contracted  for,  paid,  or  rendered  liable  to  pay  in  tin- 
present  and  future.  Such  accounts  shall  show  every  con- 
tract for  street  and  sewer  work,  public  buildings,  pur- 
chases of  material,  or  supplies,  or  other  expenditure,  in 
whatever  department  it  is  made,  from  its  incipiency 
through  the  various  stages  of  progress  to  completion, 
with  the  amount  to  be  paid  for  the  same  so  far  as  the 
same  is  capable  of  exact  estimation,  and  when  not,  then 
a  sworn  estimate  by  the  proper  officer  of  the  probable 
cost.  Whenever,  at  any  time,  the  contracts  performed  or 
unperformed,  claims  due  or  to  become  due,  exceed  said 
one-twelfth  part  of  the  amount  that  can  be  lawfully  ex- 
pended out  of  any  fund  in  the  current  fiscal  year,  th^ 
president  of  the  board,  head  of  department,  or  other  officer 
or  board  having  the  supervision  of  such  expenditure,  shall 
give  notice  thereof  in  writing,  as  to  his  or  their  depart- 
ment, to  the  auditor  and  the  treasurer,  and  to  the  munici- 
pal council  a  notice  in  writing,  served  upon  the  clerks 
of  each  branch  thereof,  and  shall  post  the  same  in  his  or 
their  office,  from  which  time  no  further  contracts  shall  be 
made  or  expenditures  authorized  or  allowed,  until  such 
time  has  elapsed  as  will  allow  of  further  proceedings  con- 
sistent  with  the  provisions   of  the  law. 

Penalty  for  noncompliance  with  law. 

Sec.  104.  Any  failure  or  neglect  on  the  part  of  any  of 
said  officers  or  boards,  or  members  of  boards,  to  comply 
with  any  of  the  provisions  of  the  preceding  sections,  shall 
render  such  officer,  and  each  member  of  such  board  con- 
senting thereto,  liable  personally  and  upon  his  official 
bond  to  any  contractor  or  other  person  suffering  damage 
1/    said    failure    or    neglect;    but   such    contractor    or   person 


Act  2348,  J  J  105.  106    MUNICIPAL    CORPORAT!  704 

damaged  shall  have  no  remedy  against  such  city,  or  city 
and  county,  and  the  said  officers  or  members  of  boards 
authorizing  or  aiding  to  authorize,  auditing,  or  allowing 
any  claim  or  demand  upon  or  against  said  treasury,  or 
any  fund  thereof,  in  contravention  thereof,  shall  be  liable 
in  person  and  on  his  official  bond  b>  the  contractor  or  per- 
son damaged,  to  the  extent  of  his  loss.  The  treasurer  pay- 
ing any  claim  authorized,  allow,  d.  or  audited  in  contraven- 
tion of  the  provision!  thereof  shall  be  liable  on  his  official 
bond  to  refund  the  same  to  such  city,  or  city  and  county, 
and  it  shall  be  the  duty  of  the  city,  or  city  and  county,  at- 
torney  to   sue  for  the  same,  If   nee.  asary. 

eption    to    operation    of   one-twelfth    law. 

105.  In  ca.se  of  any  great  public  calamity  or  dan- 
ger, such  as  earthquakes,  -tilenee,  inva- 
sion,   insurrection,   or    other    great     and    unforeseen    esse? 

geney,    the    provisions   of   the   thi  ions   may 

be  temporarily  suspended,  as  to  any  lawful  contract,  au- 
thorization, or  expenditure  io..--.iry  to  avert,  mitigate, 
or  relieve  BUefa  evil;  provided,  that  such  expenditure, 
contract,  or  authorization  shall  be  pa.ss<  d  by  the  unani- 
mous vote  of  all  memfr  rs  <  looted  or  appointed  to  each 
house  of  the  municipal  council,  and  entered  in  the  journals 
of  each  bonne,  and  the  character  and  fact  of  such  emer- 
gency must  be  recited  in  the  ordinance  authorizing  such 
action;  and  such  ordinance  must  be  approved  by  the 
mayor,  auditor,  aud  treasurer  of  such  city,  or  city  and 
county. 

Printing  and  advertising  must  be  let  to  lowest  bidder. 

Sec.  106.  All  city,  or  city  and  county,  official  printing 
and  advertising,  for  all  departments  thereof,  excepting  that 
of  the  sheriff's  office,  shall  be  let  by  the  municipal  council, 
during  the  month  of  January  of  each  year,  to  the  lowest 
responsible  bidder,  printing,  publishing,  and  proposing  to 
advertise  in  a  newspaper  of  general  circulation  in  such  city, 
or  city  and  county,  and  that  has  been  in  existence  at  the 
time  of  the  letting  of  said  contract  at  least  three  years; 
and  provided,  th't  any  such  newspaper  may  bid  for  the 
whole  or  any  part  of  the  advertising.  The  bids  shall  be 
opened  by  the  board  of  aldermen,  and  all  bidders  may  be 
present  thereat.  No  bid  shall  be  considered  in  which  there 
ahal)    b«    any   erasure    or   interlineation.      A.L1    such    contracts. 


?C5  MUNICIPAL    CORPORATIONS.    Act  2348,  §§  107,  118 

when  awarded,  shall  be  entered  into  and  bonds  taken  by 
the  clerk  of  the  board  of  aldermen,  in  such  sum"  and  con- 
taining such  conditions  as  the  board  of  aldermen  shall  pro- 
vide. 

Contracts,  how  made. 

Sec.  107.  All  contracts  relating  to  city,  or  city  and 
county,  affairs  shall  be  in  writing,  signed  and  executed 
in  the  name  of  the  city,  or  city  and  county,  by  the  officer 
authorized  to  make  the  same;  and  in  cases  not  otherwise 
directed  by  the  law,  such  contracts  shall  be  made  and 
entered  into  by  the  mayor.  All  contracts  shall  be  coun- 
tersigned by  the  auditor,  and  registered,  by  number  and 
dates,  in  his  office,  in  a  book  to  be  kept  by  him  for  that 
purpose.  In  all  cases  of  letting  contracts  to  bidders,  when 
for  any  reason  a  contract  fails  of  completion,  new  bids 
shall  be  invited,  opened,  and  awarded,  as  provided  in  this 
chapter  in  the  first  instance,  until  a  sufficient  contract  is 
executed.  In  all  cases  when  the  board  of  aldermen  have 
reason  to  think  the  prices  too  high,  or  that  bidders  have 
combined  together  to  prevent  genuine  bidding,  or  for  any 
reason  that  the  public  interests  will  be  subserved,  it  may 
in  its  discretion,  reject  any  and  all  bids,  and  cause  the 
same  to  be  readvertised.  The  provisions  of  this  act,  as 
to  bids  and  contracts,  shall  be  enforced  by  the  municipal 
council  by  appropriate  ordinances  as  to  all  bids,  proposals, 
and  contracts  with  such  city,  or  city  and  county,  or  any 
department  thereof. 

Article    IV. — Executive    Department. 
Qualifications  and  duties  of  mayor. 

Sec.  118.  The  mayor  shall  be  the  chief  executive  offi- 
cer; shall  be  a  qualified  voter,  at  least  twenty-five  years 
of  age,  and  shall  have  been  a  citizen  of  the  United  States 
and  of  this  state,  and  a  resident  in  such  city,  or  city  and 
county,  for  three  years.  It  shall  be  his  duty  vigilantly  to 
observe  the  official  conduct  of  all  public  officers  of  such 
city,  or  city  and  county,  and  to  take  note  of  the  fidelity 
and  exactitude,  or  the  want  thereof,  with  which  they  exe- 
cute their  duties  and  obligations,  especially  in  the  collec- 
tion, custody,  administration,  and  disbursement  of  the  pub- 
lic funds  and  property,  for  which  purpose  the  books, 
records,  and  official  papers  of  all  boards,  officers,  and 
magistrates  of  such  city,  or  city  and  county,  shall  at  all 
times  be  open  to  his  inspection.  He  shall  take  especial 
.  Geo.  Laws — 15 


Act  234S.  8  5  119- KM  Mi    \!     li'  \  706 

Spire    ti   Bee   thai    I  ids  of  all  9uch  officers 

are  k<j >t  [■  legal  and  proper  Coxmj  ami  any  official  dofalesr 
t i" n .    oi    willful  i    duty,    or    official    misconduct, 

which  In-  may  have  discov  red)  or  which  shall  have  bees 
reported  to  him,  shall  at  the  earliest  opportunity  !"■  laid 
befi  niinicipal    council,   and    In  ton-    the   grand   jury, 

in  order  thai  the  public  interests  shall  be  protected  and 
the    offlci  r    in    il<  fanll    b  '  irding    to 

law.     llr  shall,  from  time  to  tin  the  municipal  coun- 

cil  information   relative   to   th  such   city,  >t  eity 

ami  county,  and  shall  recommend  Bo  their  consideration 
sm-li  he    may    .!<  em    expedient    in    the    Inter- 

Of    the    City.      He    shall    taki     car.-    that    the    laws    of    the 

Btate  and  the  ordinance!  oi  the  municipal  council  are  en- 
forced. 

Mayor   pro    t«  mpore. 

11H.      Whenever     and     BO     l"ii^     as    the     mayor,     from 

any  unable  tu  perform  bis  official  duties,  the  board 

uf  all.  rrm-n  shall  designate  one  of  their  Dumber  us  mayor 
pro   t<  mpore,   who   shall    perform    the   same. 

S]..  cial  sessions  of  council. 

120.  The    mayor   may.   by   due    notice,   call    - 

■  us  nt'  the   municipal  council,  and  shall  Bpecially  state 
to   tin  in,   whin   assembled,  the  objects  for  which   they   have 
livened,    and    their    actions    shall    be    con- 
fined to  such  objects. 

Duties    Of    amlit'ir. 

121.  The  auditor  shall  he  the  head  of  the  finance 
ili  part  mint  of  such  city,  ur  city  ;iml  county,  and  as  such 
required  to  be  constantly  acquainted  with  tin-  exact  condi- 
tion of  tin-  treasury,  ami  every  lawful  demand  upon  it. 
He  shall  keep  a  public  office,  and  give  his  persona]  attend* 

ami     there    daily    durin<,'    tin-    office    hours   fixed   in    this    chap 

ti  r,    ami    shall    Dot     follow    or    engage    in    any    other    occupa- 

tion   or   calling   while    he    holds   said   office.     If   he   abs<  nta 

himself  from  his  offici  during  such  office  hours,  except 
on  indispensable  official  basinesa  or  urgent  necessity,  he 
shall  lose  his  salary  tor  the  day;  ami  it  shall  be  a*  part 
of  his  official  duty  to  keep  account  of  the  times  and  DCOSV 
si. uis    when    he    shall    he    so    absent    from    duty.      He    shall    be 

tin-  general  accountant  of  auch  city,  or  city  ami  county, 
and  as   such   it    shall    lie   his  duty   to   receive  and   preserve  in 


1H1  MUNICIPAL    CORPORATIONS.    Act  23^8,  §  §  122,  US 

hia  office  all  accounts,  books,  vouchers,  documents,  and 
papers  relating  to  the  accounts  or  contracts  of  such  city, 
or  city  and  county;  its  debts,  revenues,  and  other  fiscal 
affairs,  and  to  adopt  a  proper  mode  and  manner  cf  double- 
entry  bookkeeping,  and  keep  the  accounts  of  such  city,  or 
city  and  county,  general  and  special,  in  a  systematic  and 
orderly  manner.  He  shall  state  and  render  all  accounts 
filed  or  kept  in  his  office  between  the  city  and  other  per- 
sons or  body  corporate,  except  when  otherwise  ptavided 
by  law  or  ordinance.  He  shall  have  power  to  administer 
oaths,  and  shall  require  settlements  of  accounts  to  be  veri- 
fied by  affidavit  whenever  he  thinks  proper.  He  shall  be 
responsible  for  all  acts  of  his   employees. 

Duties  of  treasurer. 

Sec.  122.  The  treasurer  of  such  city,  or  city  and  county, 
Bhall  receive  and  safely  keep  in  a  secure  fire-proof  vault, 
to  be  prepared  for  that  purpose,  all  moneys  belonging  to 
or  which  shall  be  paid  into  the  treasury,  and  shall  not 
loan,  use,  or  deposit  the  same,  or  any  part  thereof,  to  or 
with  any  banker  or  other  person,  nor  pay  out  any  part  of 
said  moneys  except  on  demand  authorized  by  this  chapter, 
and  after  they  have  been  duly  audited.  He  shall  keep 
the  key  of  said  vault,  and  not  suffer  the  same  to  be  opened 
except  in  his  presence.  At  the  closing  up  of  the  same 
each  day  he  shall  take  an  account  and  enter  in  the  proper 
book  the  exact  amount  of  money  on  hand,  and  at  the 
end  of  every  month  he  shall  make  and  publish  a  state- 
ment of  all  receipts  into  and  payments  from  the  treasury, 
and  on  what  account.  If  he  violates  any  of  the  provisions 
of  this  section  he  shall  be  considered  a  defaulter,  and  shall 
be  deemed  guilty  of  a  misdemeanor  in  office,  and  be  liable 
to  removal,  and  shall  be  proceeded  against  accordingly. 
If  he  loan  or  deposit  said  moneys,  or  any  part  thereof,  con- 
trary to  the  provisions  of  this  section,  or  apply  the  same 
to  his  own  use,  or  the  use  of  any  other  person,  in  any 
manner  whatsoever,  or  suffer  the  same  to  go  out  of  his 
personal  custody,  except  in  payment  of  audited  demands 
upon  the  treasury,  he  shall  be  deemed  guilty  of  a  felony, 
and  on  conviction  thereof,  shall  suffer  imprisonment  in 
the  state  prison  for  a  period  not  less  than  three  months 
nor  more  than  ten  years. 

Duties  of  treasu-er. 

Sec.  123.  The  treasurer  shall  keep  the  money  belonging 
to    each    fund    separate    and    distinct,   and   shall    in    no    case 


Act  23%S,  }§  124-126    MUNICIPAL    CORPORATIONS.  70* 

amy  demands  chargeable  against  one  fund  out  of  moneys 
belonging  to  anotlu  r,  exeept  as  otherwise  provided  hi  this 
chapter,  without  an  express  ordinance  of  the  municipal 
council,  which  can  only  be  made  during  or  after  the  end 
of  the  third  quarter  of  the  fiscal  y.  ar.  by  a  rote  of  two 
thirds  of  each  house.  The  said  treasurer  ■kail  give  his 
personal  attendance  at  his  public  office  during  the  office 
hours  fixed  by  this  chapter,  :in  if  ho  be  absent  himself 
therefrom,  exeept   on   aecounl   ol  -  <>r   urgent   nei 

Mty  during  BUCh  ulli<'«'  hours,  he  shall  lose  his  salary  for 
tin-   entire   day   ou    which    he   was  absent. 

Duties  of  county   clerk. 

Bee.     124.      The     county     clerk     of    such     city     and     county 

shall  take  charge  of  and  safely  k'(  p,  or  dispose  of  accord- 
ing to  law,  all  books,  papers,  and  records  which  are  or 
may  be  filed  or  deposited  in  his  office,  and  of  all  the  courts 

Of    which    he    is    clerk;    and    he    shall    not    allow    any    paper, 

(ih  s,  or  records  to  have  his  custody,  except  when  required 
by   the  judges  of  the  courts,  to  be  used   by   then   or  any 

of  them. 

Original    papers    not    to    be    produced    in    court    except    on 
subpoena. 

Sec.    125.     No    judge    or    officer    of    any    court    shall    make 

Order   for   the'  delivery   by    the  county  clerk   of  such   city 

and    county,    of    any    paper,    files,    or    records    in    his    custody, 

epl    hills   of   exceptions   and  ate   on    motion    for 

a  new  trial;  nor  shall  tin  courts,  or  judges  thereof,  have 
any  power  to  make  orders  for  tin  delivery  of  any  certi- 
ficate of  incorporation,  bonds,  or  other  papers  filed  with 
the   said   county   clerk.     Whenever   ai  id   papers   are 

required  for  evidenc<  Ld  any  of  the  courts  within  such  city 
and  county,  the  county  clerk,  or  his  deputies,  shall  produce 

the  same  under  subpoena  or  order  of  the  court,  -r  furnish 
certified  copies  of  the  same  on  application,  on  payment  to 
said  clerk  Cor  Baid  COpj  at  the  rate  of  ten  cotits  per  folio 
for  each  hundred  words,  which  shall  be  paid  into  the  city 
and    county    treasury    by    him. 

County   clerk   not   to    attend   as  witness  outside  of  city,   on- 
Less    his    exp(  us,  a    are    paid. 
g,  ,.     [26.      Neither    the    county    clerk    nor   any   of    his   depu- 
ties   shall    be    required     to     attend    as    witnesses,    in    I 
official    capacities,   outsid.     of   mi,  I,    city    and   county,   except 


:09  MUNICIPAL   CORPORATIONS.     Act  2348,  §§  127,  t^ 

in  criminal  cases,  unless  his  expenses  be  paid  at  the  rate 
of  ten  cents  per  mile  to  and  from  the  place  where  he  may 
be  required,  and  three  dollars  a  day  for  each  day's  attend- 
ance. A  sufficient  number  of  deputies  shall  be  assigned 
by  him  as  courtroom  clerks  to  the  various  courts  of  which 
he  is  the  official  clerk,  while  such  courts  are  in  session,  and 
to  do  duty  in  the  office  when  such  courts  are  not  in  ses- 
sion. He  shall  transfer  such  deputies  to  duty  in  court,  or 
at  his  office,  as  the  exigency  of  the  service  may  require,  so 
as  to  efficiently  perform  the  work  in  the  most  economical 
manner   possible. 

Fee  for  law  library. 

Sec.  127.  On  the  commencement  in  or  removal  to  the 
superior  court  of  such  city  and  county  of  any  civil  action 
or  proceeding,  he  shall  collect  from  the  plaintiff,  or  party 
instituting  such  proceeding  or  filing  the  first  papers  there- 
in, the  sum  of  one  dollar,  and  pay  over  the  same  at  the 
end  of  each  month  to  the  treasurer  of  the  law  library 
provided  for  in  this  chapter;  and  the  payment  of  the  sum 
of  one  dollar  shall  be  a  condition  precedent  to  the  com- 
mencement of  such  action  or  proceeding,  for  which  sum 
so  required  to  be  collected  he  and  his  sureties  shall  be  re- 
sponsible on  his  official  bond. 

Tax   collector   to   be     charged    with    moneys,    etc.,    coming 
into   his  hands. 

Sec.  128.  The  tax  collector,  upon  the  final  settlement 
to  be  made  by  him  as  such  tax  collector,  according  to  the 
requirements  of  the  law,  shall  be  charged  with,  and  shall 
pay  into  the  hands  of  the  treasurer,  the  full  amount  of 
all  taxes  paid  to  him  under  protest  or  otherwise,  or  by 
him  collected  and  not  previously  paid  over,  without  any 
deduction  of  commissions,  fees,  or  otherwise;  he  shall 
also  be  charged  with  and  be  deemed  debtor  to  the  treasury 
for  the  full  amount  of  all  taxes  due  upon  the  delinquent 
list  delivered  to  him  for  collection,  unless  it  be  made  to 
appear  that  it  was  out  of  his  power  to  collect  the  same 
by  levy  and  sale  of  any  property  liable  to  be  seized  and 
sold  therefor.  If  the  impossibility  to  collect  any  portion 
of  such  delinquent  taxes  have  resulted  from  such  negli- 
gence or  defects  in  such  assessment  caused  by  the  willful 
misconduct  of  the  assessor,  then  the  assessor  whose  duty 
it  was  to  make  the  assessment  shall  be  liable  and  be 
deemed  debtor  to  the  treasury  for  the  amount  remaining 
\it>co)lectp<3    for   thai-    ftausc 


Act  2348,  {J  12T>- 133     MUNICIPAL    CORPORATIONS.  71 

Kbction  of  assessor  and  his  duties. 

Sec.  129.  There  shnll  he  elected  by  the  qualified  voters 
of  such  city,  or  city  and  county,  at  the  general  state 
'ion.  an  assessor,  who  Shall  take  office  on  the  first 
Monday  after  the  first  day  of  January  next  following  his 
election,  and  hold  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified.  Tt  shall  be  his  duty 
to  assess  all  taxable  property  within  sueh  city,  or  city  and 
county. 

Duty   of   sheriff. 

Sec.     ISO.      The    sheriff    shall      attend     in      person,     or     by 
deputy,    all     the    courts    in    and     for    sueh    city    and    county, 
!'f    the    police    court-.       I!,     shall    Obey    the    lawful    order-i 
:"  .]   directions  of  Buck  courts,  and   in  all  other  r<  spects  con- 
form to  tlic  laws  regulating  sheriffs  in  this  state. 

■  !'  r. 

131.  The  recorder  of  such  city  and  county  shall 
have  tin'  custody  of  all  hooks,  records,  maps,  and  papers 
deposited  in  his  office,  lie.  or  his  shier  deputy,  when  any 
papers  are  presented  for  registration,  or  to  be  copied,  shall 
writi  margin  of  each  paper  ted  the  num- 
In  r  of  folios  paid  for.  and  shall,  in  his  monthly  return  to 
the  treasurer,  certify  under  oath  the  number  of  folios 
eoj.ii  , I  or  r.  LT;st .  r.  d  by  each  deputy  or  copyist  appointed 
by  him;  and  sueh  certificate  of  the  recorder  or  his  chief 
deputy  shall  be  conclusive  evidence  to  authorize  the  audi- 
tor to  audit  suck  certified  accounts  of  such  deputies  or 
OOpyiBts  monthly,  lb'  shall  appoint  as  many  copyists  aa 
In  shall  di  i  m  necessary  to  the  proper  discharge  of  the 
duties   of   his   ofliee.   who   shall    lie   paid   at   the  rate  of   twelve 

-   per  folio  of  one   hundred  words  for  all  matters  regis- 
ter d  or  copied  by  them  respectively. 

Duties   of  district   attorney. 

132.  The  district  attorney  is  the  public  prosecutor, 
and  shall  be  an  attorney  of  the  supreme  court,  and  shall 
attend  the  superior  court  of  this  state,  in  and  for  such 
city  and  county,  and  such  otlu  r  courts  as  may  be  here- 
after established  in  and  for  the  same,  and  conduct  therein, 
mi  behalf  of  the  people,  all  prosecutions  for  public  of- 
fenses. H,  shall  perform  such  other  duties  as  are  pre- 
scribed  by  law. 

Duties  of  city  and  county  attorney. 

Sec.    133.     The    city,    or    city    and    county,    attorney     shall 
be    an    attorney    of   tke    supreme    court,    and    ahall    prosecute 


711  •  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  134-136 

and  defend  all  suits  and  actions  at  law  and  in  equity,  and 
conduct  all  legal  proceedings,  in  the  courts  and  elsewhere, 
necessary  to  preserve  and  protect  such  city's,  or  city  and 
county's,  rights,  whether  such  suits  or  proceedings  be  con- 
ducted in  the  name  of  such  city,  or  city  and  county,  or  in 
the  name  of  others.  He  shall  give  legal  advice  to  the  city 
government,  and  all  the  officers,  boards,  and  departments 
thereof,  when  required  so  to  do,  and  perform  such  other 
duties  as  such  attorney  as  the  municipal  council  shall 
from  time  to  time  prescribe.  He  shall  keep  in  his  office 
well  bound  books  of  registry,  in  which  shall  be  entered 
and  kept  a  register  of  all  actions,  suits,  and  proceedings 
in  which  such  city,  or  city  and  county,  is  interested.  Each 
outgoing  city,  or  city  and  county,  attorney  shall  deliver 
such  books  and  all  other  records,  law  reports,  quarterly  re- 
ports from  municipal  boards  and  officers,  documents, 
statutes,  papers,  furniture,  and  property,  in  his  possession, 
to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  to  be  filed  in  the  office  of  th:  _rd:tor. 
and  one  to  be  retained  by  the  outgoing  city,  or  city  and 
county,  attorney. 

Public  administrator. 

Sec.  134.  The  public  administrator  of  such  city,  or  city 
and  county,  shall  be  subject  to  the  orders  of  the  superior 
court  in  and  for  such  city,  or  city  and  county,  and  shall 
perform  all  the  duties  prescribed  by  law. 

Duties  of  coroner. 

Sec.  135.  The  coroner  of  such  city,  or  city  and  county, 
in  addition  to  the  duties  imposed  by  law  upon  every  coro- 
ner, shall  keep  a  record  of  all  inquests  held  by  him,  with  a 
copy  of  all  testimony  and  the  inquisition  of  the  jurors  in 
full;  and  in  case  of  loss  of  the  original  records,  the  same 
shall  be  admissible  in  evidence  with  like  effect  as  the 
original  would  have  been.  He  may  appoint  such  deputies, 
and  a  messenger  or  messengers,  as  are  allowed  in  this 
act,  or  as  may  be  hereafter  allowed  by  the  municipal  coun- 
cil of  such  city,  or  city  and  county.  He  shall  receive  no 
fees  for  any  services  rendered  by  him. 

Duties  of  superintendent  of  streets. 

Sec.  136.  The  superintendent  of  streets  shall  keep  a 
public  office,  in  some  convenient  place,  to  be  designated 
by  the  municipal  council.  His  office  shall  be  kept  open 
as    in    this    chapter    provided.     He    shall     not,     during    his 


Act  2348,  S i  137.  138    MUNICIPAL    CORPORATIONS.  71J 

continuance    in    office,    follow    any    other    |  -  or    call 

intr.  hut  shall  l>e  required  to  devote  himself  exclusively  to 

the    duties    of    his    Raid    office.      ]!<•    shnll    have     und<  r     his 

il    charge    thi  ruction,    repairing, 

and  cleansing  of  all  public  sew  rs,  man-holes,  sinks,  drains, 
cesspools,    and     of     t'n^     public  highways,     all 

places,   and   BquSJft  the    parks.      It    sliall    be    his 

duty  to  see  that  tin-  laws,  orders,  and  regulations  relative 
to  the  public  str.  <  its  uq  highways,  alleys,  plaees,  and 
squares  are  carried  into  execution,  and  that  tin  penalties 
therefor  are  rigidlj  prescribed  by  the 

municipal  council,  lie  shall  keep  himself  informed  of  the 
condition    of    all     publi  highways,    alhys.     pi: 

end  squares;  and  should  he  fail  to  see  that  the  laws,  or- 
dinai  regulations    relating    to    the     public 

highways,  alleys,  places,  and  squares  are  earned  Into  exe- 

ention,   after  notice    from    any   citizen   of   a   violation    thereof, 

such   sup'  rintendi  nt   and   i  i  shall   be   liable  upon 

his  official  bond  to  any  person  injured  in  person  or  prop- 
erty by  such  official  neglect. 

I  of  surveyor. 

Bee.    137.     The    city,    or    city    and    county,   snrveyor  shall 
be  engineer-in-chief  of  such  city,  or  city  and  county,  and 

of    tin      jewel  in;     shall     make    all     necessary     plans, 

surveys,  maps,  and  drawings,  and  other  necessary  things, 
and    keep    the    same    in    his    office;    and    all    such    maps,    plans, 

machinery,    and    drawings   shall    be    the    property    of   such 

or    city    and    county,    and    remain    in    the    office,    and    be 

transferred    by    the    outgoing   to    the   incoming   officer.     He 

shall      do     all      neeessary      Surveying     and     engineering     for 

the   streets,   alleys,   highways,  and   squares,  at    tin 
of    the    municipal    council,    or    of    any    committee    appointed 
by  eithei   branch  of  th<  and  all  or  any  other  but 

ing   and    engineer    [ingj    work    that   such    city,   or   city   and 

aty,  may  require,  and  of  the  public  parks,  at  the  req 
of   the  park   commissioners. 

Appointment   of   collector  of  licenses   and   his   duties. 

Sec.    138.      Within    twenty     days     after     their     first     meet- 
ing,  the    municipal   council   of  such   city,    or   city  and    county 

shall  appoint  a  Buitable  p<  reon  as  collector  of  licenses  of 
such  City,  or  city  and  county,  who  shall  hold  office  for  two 
years  from  and  after  his  appointment,  and  until  his  succes- 
sor sliall  be  appointt  d  and  qualified.  In  I  vacancy 
occurring    by    death    or    otherwise    in    the    office    of    the    col- 


713  MUNICIPAL   CORPORATIONS.  Act  2348,  §  139 

lector  of  licenses  of  such  city,  or  city  and  county,  holding 
his  office  under  the  provisions  of  this  chapter,  the  same 
shall  be  filled  for  the  remainder  of  the  unexpired  term  by 
appointment  of  the  board  of  aldermen;  and  in  case  of  the 
inability  of  said  collector  of  licenses  to  act,  his  place  shall, 
in  the  same  manner,  be  temporarily  filled  until  such  dis- 
ability is  removed.  The  collector  of  licenses  and  his  depu- 
ties are  hereby  authorized,  empowered,  and  required  to 
collect  all  the  municipal  licenses  now  required  to  be  col- 
lected, or  whicb  shall  hereafter  be  required  to  be  col- 
lected by  them,  or  either  of  them;  and  it  shall  be  the 
duty  of  said  collector  of  licenses,  and  his  deputies,  or 
assistant  collectors,  to  attend  to  the  collection  of  licenses, 
and  examine  all  places  of  business  and  persons  liable  to 
pay  licenses,  and  to  sec  that  licenses  are  taken  out  and 
paid  for.  They  shall  each  have  and  exercise,  in  the  per- 
formance of  their  official  duties,  the  same  powers  as  police 
officers  in  serving  process  or  summons,  and  in  making  ar- 
rests; also  shall  each  have  and  exercise  the  power  to  ad- 
minister such  oaths  and  affirmations  as  shall  be  neces- 
sary in  the  discharge  and  exercise  of  their  official  duties; 
and  they,  and  each  of  them,  are  hereby  empowered  to  en- 
ter any  place  of  business  for  which  a  license  by  law  is  pro- 
vided and  required,  free  of  charge,  at  their  pleasure,  and 
to  demand  the  exhibition  of  any  license  for  the  current 
time  from  any  person,  or  firm,  or  corporation  engaged  or 
employed  in  the  transaction  of  any  business  for  which  a 
license  is  by  law  rendered  necessary;  and  if  such  person, 
or  firm,  or  corporation,  or  either  of  them,  shall  be  unable, 
or  refuse,  or  neglect,  or  fail,  to  then  and  there  exhibit  such 
license,  he,  she,  or  they,  as  the  case  may  be,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  'accordingly. 

License    moneys. 

Sec.  139.  The  collector  of  licenses  shall  daily  pay  to  the 
treasurer  of  such  city,  or  city  and  county,  all  moneys  so 
collected  for  licenses  sold,  or  by  him  received  as  fees;  and 
shall,  under  oath,  at  least  once  in  each  calendar  month, 
and  oftener  when  required  so  to  do  by  the  auditor,  make 
to  the  auditor  a  report  of  all  such  licenses  sold  and  on 
hand,  and  of  all  amounts  so  paid  to  the  city,  or  city  and 
county,  treasurer;  shall  at  such  time  exhibit  to  the  audi- 
tor all  unsold  licenses  in  his  hands,  and  the  treasurer's 
receipts    for    all    moneys    paid    into    the    treasury;    and    all 


Art  2548,   §  IK-  MI'M'!I'\I.   CORPORATIONS.  714 

lieel  I],  etor,    or    >1.  puty    li 

(    them,   shall    br   as   valid    as    if 
<1  by  the  city,  <>r  city  tmi  county,  treasurer.     All  fees 
I    Shall    be    placd    t.j    tlu-   iTi -< i i t    of   Um   pi 
fund    by    the    tr.  eeurer. 

1  1<\     The   department   6f   police   of  such   city,  or  city 
unity,   shrill   consist    of: 

Police  con  re,   bos    ippoti 

1.    A    board    of    police    ri>mni:  f    neb    city,    or    city 

ami  connt  iting  of  five  tnemb<  of  whom  shall 

1»  a  qualified  roter,  at  l<  ast  thirty  years  of  age,  ami  shall 
lav.      1..  .  a     a      ci:  the     T'nit <  -1     BUttdl    ami     of     this 

ml    county.    f..r 
five    y.ars    n<  : .  n^r    his    appointment,    four    of    whom 

shall    I..-   appointed    !>;•  pernor   ami    chief 

the  -  ourt  of  I  alifornia,  within  thirty 

-  ich  city,  or  city   ami   county, 

under  this  act,  and   who  shall   hold  office  for  the  tana  of 

lour    \.ar>    from    anil    after    the  '        lay    next    sue.-.  .-1 

-point  in.  nt.   ami   until   tin  ir  succ 
tinted    ami    qualified;    ami    in    the    month    next    pr. 
ccdii  expiration   of    thi    aaid    term,    and    every    four 

ycai  rnor  and  chief  justice  of  the 

PUpr<  ill     a;. point     their  1 1,     who     shall 

hold  office  for  the  term  of  tour  years  from  and  after  the 
first    Monday    next*    su  of    th.ir   appoint- 

uunt;    I. ut    in   making  lintments,   Che  s .- 1 i .  1   govern- 

or and  •  -hi<  t  justice  shall  eleel  two  qualified  persons  from 
each    of    the    two   dominant    national    political    parties.     \'a 

iea   that    ma]    occur   in    th<    offi< f  any   of  the   mem- 

I.,  r-.    ao    appointed    shall    l>e    filed    by    appointment    by    sai.l 

rnor  and  chief  justice,  of  some  suitable  person  >>f  the 
political    party    as    that    to    which    the    last    incumbent 

belonged,  and  for  the  rrmainder  of  the  vacant  term  only. 
The  tour  members  appointed,  as  hereinbefore  provided, 
shall  meet  in  such  city,  or  city  ami  county,  on  she  first 
Monday    •  the    date   of    their   appointment, 

and     shall    forthwith     organise    by    electing    one    of    th.ir 

number    president,    BHti    shall    appoint    the    other    member    of 

said   board,  who  shall   be  the  chief  <>f  police  of  inch  city, 

or   city    and    county.     Every    member   of   said    beard   shah, 

•  is  upon    the  duties  of  his  office,   take  and  sub- 


n'  MtWICIPAL    CORrORATIONS.  Act  234S.  §  140 

6cribe  the  following  oath  or  affirmation:  "I  do  solcmnlv 
swear   (or  affirm,   as   tin-   cas  .    that   I   will   support 

the  constitution  of  the  United  States  and  the  constitution 
of  the  state  of  California;  that  I  will  faihfully  discharge 
the  duties  of  police  commissioner  according  to  the  best  of 
my  ability;  and  that  in  the  discharge  of  my  duties  T  will 
make  no  appointment  to,  or  removal  from  the  police  force 
for  political  or  partisan  reasons;  and  that  I  will,  to  the 
best  of  my  ability,  discharge  the  duties  of  said  office  im- 
partially and  uninfluenced  by  political  considerations,  or 
any  consideration  other  than  that  of  the  public  good.'' 
Every  member  of  said  board  who  shall  absent  himself 
from  such  city,  or  city  and  county,  for  the  continuous  period 
of  sixty  days,  shall,  by  force  thereof,  cease  to  be  a  police 
commissioner,  and  his  office  shall  become  vacant.  No 
member  of  said  board  shall  be  eligible  to  any  other  office 
during  his  incumbency  of  the  office  of  police  commissioner. 
No  memoer  of  said  board  shall,  during  his  term  of  office, 
be  a  member  of  any  convention,  the  purpose  of  which  is 
to  nominate  candidates  for  office,  nor  act  as  a  judge,  in- 
spector, clerk,  or  officer  of  any  election,  or  primary  elec- 
tion, or  take  part  in  any  election  except  to  deposit  his 
vote;  nor  shall  any  member  of  said  board,  directly  or  in- 
directly, influence,  or  attempt  to  influence  or  control,  the 
political  action  of  any  member  of  the  police  force  of  such 
city,  or  city  and  county,  or  any  employee  of  said  depart- 
ment; nor  shall  any  member  of  said  board  collect,  or 
suffer  to  be  collected,  from  any  member  or  employee  of 
said  department,  any  assessment  or  contribution  for  politi- 
cal purposes.  A  violation  of  any  of  the  provisions  of  this 
section  shall  be  a  misdemeanor,  and  shall  be  cause  for  the 
immediate  removal  from  office  of  the  person  guilty  of  such 
violation.  The  said  board  shall  hold  sessions  at  least  once 
a  month  in  the  office  of  chief  of  police,  or  in  such  other 
convenient  place  as  the  municipal  council  of  such  city,  or 
city  and  county,  shall  designate,  or,  in  case  of  emergency, 
at  such  place  as  it  shall  select,  and  the  clerk  of  the  chief 
of  police,  hereinafter  provided  for,  shall  act  as  clerk  of 
said  board.  Every  member  of  said  board,  and  the  clerk  of 
said  board,  shall  have  power  to  administer  oaths  in  all 
matters  pertinent  to  the  business  of  their  respective 
offices,  and  in  all  investigations  pending  before  said  board, 
or  any  member  thereof.  The  said  board  shall  keep  a  rec- 
ord  of   its   proceedings.     The   said   board  shall   have   power: 


,  g  140  MUNICIPAL  CORPORATIONS.  TV 

Powers  of  board. 

1.  To  appoint,  suspend,  or  remove  any  person  from  the 
polic  LCD  city,  or  city  and  county;  provided, 
however,  that  the  chief  of  police  shall  only  be  removable 
in  the  rnanni  r  provided  by  law  for  the  removal  of  other 
municipal  < » tl  1  ■ 

•  ibe  ml.  s. 

2.  To  prescribe  all  needful  rubs  and  regulations  for  the 
control,  government,  and  discipline  of  said  police  force, 
and    from    time    to    time    to    :ilt.  r    or    n  peal    the    same,   and 

-  for  the   violation   of  any  of  them. 

Determine  complaints. 

3.  To  hear  and  summarily  determine  all  complaints  of 
misconduct,   inefficiency,  or  other  sharge  against  any   mem- 

l>.  r  of  said  police  force,  and  to  take  such  action  thereon  as 
shall  be  OOndaeive  to  the  maintenance  of  the  discipline 
and   efficiency  of   the   same. 

Grant   permits. 

t.  To  grant  permits  to  all  persons  desiring  to  engage  in 
the  retail  liquOT  business  in  such  city,  or  city  and  county, 
and    to    t  f    such    permit    whenever    it    shall    be    made 

to  appear  to  said  board  that  'he  retail  liquor  business  of 
the  person  to  whom  such  permit  was  given  is  conducted 
in  a  disorderly  or  improper  manner,  or  whenever  it  shall 
be  made  to  appear  that  the  person  to  whom  such  permit 
was  granted  lias,  after  the  grant  of  such  permit,  been  con- 
victed iii  the  police  or  Other  eotirt  of  such  city,  or  city  and 
county,  of  disorderly  or  improper  conduct,  or  of  the 
commission  of  any  criminal  offense  upon  the  pren 
whereon  such  retail  liquor  business  is  conducted;  pro- 
vided, however,  that  whenever  said  board  refuses  to  grant 
such  permit,  or  proposes  to  revoke  such  pi  rait,  the  per- 
son who  is  r<  tusi  d  such  permit  or  whose  permit  is  proposed 
to  be  revoked,  shall  be  entitled  to  be  heard  before  said 
board  in  person  or  through  counsel,  and  to  have  free  of  charge 
all  reasonable  facilities  lor  the  full,  fair,  and  impartial  I 
in£  on  the  merits  of  ins  application  or  opposition.  In  such 
permit  shall  be  distinctly  stated  and  described  the  name  of 
the  person  to  whom  the  same  is  given,  and  the  premises  on 
which  8uch  retail  business  is  proposed  to  be  carried  on. 


717  MUNICIPAL  CORPORATIONS.  Act  2348,  §  140 

Appoint  special  officers. 

5.  Upon  the  petition  of  any  person,  firm,  or  corporation, 
to  appoint  a  special  officer  to  do  special  service  to  be  paid 
for  by  such  person,  firm,  or  corporation,  specifying  the  bound- 
ary or  locality  at  or  within  which  he  is  to  act  as  such  special 
officer,  which  boundary  or  locality  shall  be  described  in  his 
warrant  of  appointment;  provided,  that  no  special  officer, 
shall  be  appointed  to  act  in  any  part  of  such  city,  or  city  and 
county,  commonly  known  as  the  Chinese  quarter;  and  provided 
further,  that  all  special  officers  shall  report  daily  to  the  chief 
of  police,  and  be  subject  to  his  orders  in  case  of  emergency; 
and  in  no  event  shall  such  officers  be  paid  by  such  city,  or  city 
and  county. 

Badge. 

6.  To  prescribe  the  badge  of  office  and  uniform  to  be 
worn  by  all  members  of  the  police  force,  and  the  badge  of 
office  to  be  worn  by  all  special  officers. 

Contingent  expenses. 

7.  To  allow  and  order  paid  out  of  the  police  contingent 
fund,  for  contingent  expenses,  any  and  all  orders  signed  by 
the  chief  of  police;  provided,  that  the  aggregate  of  such 
orders  shall  not  exceed  the  sum  of  seven  thousand  two  hun- 
dred dollars  a  year,  which  sum  shall  be  set  apart  annually  in 
the  treasury  of  said  city  and  county  for  this  purpose. 

Appoint   substitutes. 

8.  To  appoint  substitutes,  not  to  exceed  four  per  cent  of 
the  police  force,  to  serve  under  such  regulations,  and  subject 
to  such  restrictions,  as  it  may  prescribe,  and  without  pay 
from  such  city,  or  city  and  county. 

Issue  subpoenas,  etc. 

9.  To  issue  subpoenas,  tested  in  the  name  of  its  president, 
and  to  gnforee  obedience  thereto,  and  punish  disobedience 
thereof,  in  the  same  manner  and  to  the  like  extent  as  the  jus- 
tices'  court  of  such  city,  or  city  and  county;  and  to  exercise 
the  same  powers  as  the  said  justices'  court  in  preserving  de- 
corum in  all  open  sessions  of  said  board,  and  to  punish  any 
contempt  committed  thereat. 

Designate  prisons. 

10.  To  designate  the  prisons  to  be  used  for  the  reception 
of  all  persons  arrested,  convicted,  or  sentenced  for  public  of- 


Act  2MB,  5  1*0  MUNICIPAL    roRPOUATTONS.  tU 

fensee   in   eases  not   provided   for  by  law  or  by  ordinance;   to 
establish  -  -..   or  substations  ami  <?ub- 

"il ses,  jeretion,   for  the  accommodation  there- 

at of  members  of  the   police   force,  and  as  places  of  tera- 
porary  rjett  nl  ion  for  persona  axr< 

Disoret  ionary  powers. 

11.  In  its  discretion,  on  conviction  of  a  member  of  the  force 
of  any  h  gal  offense,  <>r  neglect  of  duty,  or  violation  of  the 
rules  of  the  board.  or  neglect  of  or  disobedience  of  orders, 
or  incapacity,  or  absence  without  leave,  or  any  couduct  in- 
jurious tn  the  public  peace  or  welfare,  or  other  breach  of  dis- 
cipline, or  immoral  conduct,  or  any  conduct  unbecoming  an 
officer,  to  punish  the  offending  part  by  reprimand,  forfeiting 
and    withholding   pay    foT   a    s] ial   time,   Buspension,   or   .lis- 

ial  from  the  force;  all  such  fines  shall  be  immediately 
paid  into  the  treasury  to  tin-  credit  of  the  police  life  and 
health  insurance  fund; 

Warrant   of  appoint  □ 

12.  To  issue  to  every  member  of  the  police  force  a  prop- 
er  warrant    si   appoint!  mad    by    the    president    ami 

conn  i>\    the   clerk    of   tin-    baud,    wliich    warrant   shall 

contain   the  date  of  bis  appointment  and  his  rank. 

Supplies, 

13.  To  make  requisition  on  the  municipal  council  of  such 
city,  or  city  and  county,  for  all  Bupplies  or  aecessaries  that 
may  lie  required  in  the  administration  of  the  department; 
provided,  thai  the  aggi  f  the  Bams,  exclusive  of 

salaries,    shall    not,    in    any    on.-    lL>eul    \ear,    exceed   the   sum    Of 

five  thousand  dollars. 

Report,  when  made. 

14.  To  annually,  on  or  before  the  first  day  of  August,  re- 
port to  the  municipal  council  an  <st;matc  of  the  amount  of 
money  that  will  lie  required  to  pay  all  salaries  of  the  depart- 
ment, and  of  the  amount  of  money  that  will  be  required  for 
the  administration  and  support  »f  the  department  in  such 
yeai  ^r   in  detail  the  purposes  and   items   for  which 

the  same   will  bo  required,   with  the  estimated  cost  thereof,  re- 
Bpi  ctively. 

Bale  of  property. 

15.  To  provide  for  the  custody,  care,  restitution,  sale,  time, 
place,    and    manner    of    sale    of    all    property    that    may    c 


719  MUNICIPAL    CORPORATIONS.  Act  2348,  §  14C 

into  the  possession  of  the  property  clerk  hereinafter  provided 
for. 

Control  police  life  insurance  fund. 

16.  To  control,  care  for,  and  manage  the  police  life  and 
health  insurance  fund  hereinafter  mentioned,  which  fund  shall 
consist  of  the  moneys  retained  from  the  monthly  salaries  of 
the  members  of  the  police  force,  fines  collected  from  mem- 
bers of  said  force,  and  of  such  other  moneys  as  may  be  con- 
tributed thereto  by  law,  or  ordinance,  or  by  gift,  devise,  or  be- 
quest, and  of  all  moneys  to  the  credit  of  said  fund  at  the  time 
said  board  shall  take  office,  and  to  invest  the  moneys  of  said 
fund  in  auch  of  the  following  securities  as  shall  seem  most 
eafe  and  profitable,  viz.,  the  bonds  of  such  city,  or  city  and 
county,  the  bonds  of  the  state  of  California,  and  the  bonds 
of  the  United  States  of  America.  The  moneys  and  securities 
shall  be  held  by  the  treasurer  of  such  city,  or  city  and  county, 
who  shall  have  no  power  to  deposit,  pledge,  or  in  any  other 
way  part  with  the  same,  except  on  the  order  of  said  board. 

Payment  to  heirs  out  of  fund. 

17.  To  order  paid,  upon  the  death  of  any  member  of  the 
police  force,  out  of  the  police  life  and  health" insurance  fund, 
to  the  heirs  of  such  member,  the  sum  of  one  thousand  dollars. 

Repayment  to  infirm  officers. 

18.  To  order  paid,  out  of  the  police  life  and  health  insur- 
ance fund,  to  any  police  officer  who  shall  resign  by  reason  of 
bad  health  or  bodily  infirmity,  the  amount  of  the  principal 
sum  which  such  officer  shall  have  contributed  thereto. 

Repayment  to  incompetent  officers. 

19.  To  order  paid,  out  of  the  police  life  and  health  insur- 
ance fund,  to  any  officer  dismissed  for  mere  incompetency,  not 
coupled  with  any  offense  against  the  laws  of  this  state,  an 
amount  not  exceeding  one-half  of  the  principal  which  such 
officer  may  have  contributed  thereto;  provided,  that  any  officer 
dismissed  for  gross  neglect  or  violation  of  duty,  or  upon  con- 
viction of  any  misdemeanor  or  felony,  shall  forfeit  all  claim 
upon  said  fund. 

Registration  of  demands. 

20.  In  case  said  police  life  and  health  insurance  fund  shall 
not  be  sufficient  to  pay  the  demands  on  it,  to  cause  such  de- 


Act  2248,  {  MO  MUNICIPAL    CORPORATIONS.  730 

mands  to  be  registered,  and  to  be  paid  in  their  order  out  of 
the  fund  as  receh  ed. 

Repayment  of  excess  to  certain  officers. 

21.  When  the  police  life  and  health  insurance  fund  shall 
exceed  the  sum  of  fifty  thousand  dollars,  to  allow  and  order 
paid  "lit  of  1 1 » * ■  une,  to  any  offieei  who  shall  have  been  per- 
manently disabled  while  in  the  discharge  of  his  duty  as  such 
officer,  such  sum  as   in   their  judgment   they  shall  deem   proper, 

not  to  exceed  one  thousand  dollars;  but  in  no  east  shall  said 
fund  be  redaeed  thereby  below  the  sum  of  fifty  thousand  dol- 

lnrs.      Tin1    pri  I    board    shall    r'  SBSary    of 

throe  thousand  doUan  per  annum.  The  other  members  of  said 
board  shall  eaeh  reserve  ■  salary  of  one  thousand  two  hun- 

dred  doUara  per  annum,  payable  monthly,  at  the  end  of  each 
and  every   month. 

Chief  of  police,  his  power!  and   duties. 

chief     of      police,  1      as      hereinbefore      pro- 

vided, who  shall  have  power  to  select  and  designate  ono 
police  officer  to  serve  as  elerl  to  the  chief  of  police;  one 
police  otlicer  to  serve  as  property  clerk,  who,  before 
ring  epos  his  duties,  shall  glTO  bond,  with  good  and 
sufficient    sureties,    in    the    sum    oi    ten    thousand    dollars,    to 

such  eity,  or  city  and  county,  to  be  approved  as  in  cases  of 

official    bonds,    winch    bond    shall    be    filed    with    the    Su- 

ditor  of  -u,  h  city,  or  eity  and  county;  twelve  detective  offi- 
and    thirty    B<  rgeants    of    police.     He    shall    have    the 
sole    and    exclusive    control,     direction,     and     superintend) 

of    the    e.itv    prisons    of    BUCft    city,    or     city     and     county,     and 

may  detail  to  duty  therein  such  number  of  officers  as 
tin-  all     require.     In     the    suppression     of    any 

riot,  public  tumult,  disturbances  of  the  public  peace,  or  or- 
^rani/.',  against    the    laws,     or     public     authorities, 

in    the   lawful  of    their   functions,    he    shall    have    all 

toe  powers  that  now  are  or  may  be  conferred  upon  sheriffs 
by  the  laws  of  t.iis  state;  and  his  lawful  orders  shall  be 
promptly  executed   by  all   police  officers,  and   every  citizen 

shall   also   hud   him   aid,  when    required,   for  the   arrest  of  of- 
;,  rs    and    the    maintenance    of    public    orir.       In    case    of 

great  public  emergency  or  danger,  be  may  appoint  an 
additional     number    of     policemen     of     approved     character 

honesty   end  Bobriety,   who  shall   have   the  same   po 
as    other    police    officers,     but     who     shall    act     without     pay. 
In    case    of    imminent    dangei    Si    riot,    or    actual    riot,   or   or- 


72*  MUNICIPAL   CORPORATIONS.  Act  234S,  §  HO 

ganized  resistance  to  the  laws,  he  shall  have  power,  and 
it  shall  be  his  duty,  if  in  his  opinion,  the  organized  police 
force  be  insufficient  in  number  or  unequal  in  strength  to 
preserve  the  peace  and  maintain  public  order,  to  make  his 
requisition  on  the  governor,  or  in  case  of  urgency  on  the 
nearest  military  comi  lander  in  the  National  Guard  of  Cali- 
fornia, for  such  military  force  as  may  be  necessary  for 
tLe  occasion;  and  such  military  force  shall  be  placed  un- 
der his  command  until  the  restoration  of  order  and  tran- 
quility, or  until  the  governor  declares  such  city,  or  eity 
and  county,  in  a  state  of  insurrection,  as  provided  by  law. 
He  shall  keep  a  public  office,  which  shall  be  open,  and 
at  which  he,  or  in  case  of  his  necessary  absence,  a  captain 
of  police  or  sergeant  of  police  by  him  designated  for  that 
purpose,  who  shall  have,  during  such  absence,  tlie  same 
powers  as  are  conferred  by  law  upon  the  chief  of  police, 
shall  be  in  attendance  at  all  hours  of  the  day  and  night. 
In  case  of  his  absence  from  his  office,  it  shall  be  made 
known  to  the  captain  or  sergeant  of  police  in  attendance 
where  he  can  be  found  if  needed.  He  shall  designate  one 
or  more  police  officers  to  attend  constantly  upon  the 
police  court  to  carry  on  the  business,  and  to  execute  the 
order  and  process  of  said  court.  He  shall  command,  su- 
pervise, and  direct  the  police  force;  and  shall  observe, 
and  cause  to  be  observed  and  enforced,  the  laws  and  ordi- 
nances within  such  city,  or  city  and  county.  He  shall  see 
that  all  lawful  orders  and  process  of  the  police  court  are 
promptly  executed;  and  shall  exercise  such  other  powers 
connected  with  his  office  as  may  be  prescribed  by  law,  or 
by  the  rules  and  regulations  adopted  by  the  board  of 
public  commissioners.  He  shall  acquaint  himself  with 
all  the  statutes  and  laws  in  force  in  this  state  defining 
public  offenses  and  nuisances  and  regulating  the  crim- 
inal proceedings;  and  shall  procure  and  keep  in  his  office 
the  statutes  of  this  state  and  of  the  United  States,  and  all 
elementary  works  on  those  subjects.  He  shall  give  infor- 
mation and  advice  touching  said  laws  gratuitously  to 
all  police  officers  asking  for  it.  He  shall  have  power  from 
time  to  time  to  dispose  of  such  sum  or  sums  for  incidental 
expenses  as  in  his  judgment  shall  be  for  the  best  interest 
of  such  city,  or  city  and  county;  provided,  that  the  ag- 
gregate of  all  such  sums  shall  not,  in  any  one  fiscal  year, 
exceed  the  sum  of  seven  thousand  two  hundred  dollars; 
but  all  sums  so  disbursed  or  paid  shall  be  subject  to  the 
approval  of  the  said  board.  He  may,  for  good  cause, 
Gen.  Laws— 46 


Act  2348,  §  140  MUNICIPAL    CORPORATIONS.  T22 

grant  leave  or  abei  nee  for  not  more  than  thirty  days  to  any 
member  of  the  police  fore*  :  but  offie<  rs  absent  from  the 
city  within  or  without  the  state  on  official  business  shall 
not  be  deemed  to  he  absentees.  As  chief  of  police,  he  shall 
hold  office  for  the  term  of  four  years  from  his  appointment, 
ami     shall     r>  \-     of     four    thousand    dollars    per 

annum,  payable  monthly,  at  the  end  of  each  and  every 
month. 

Captains    of    police,    how    appoin' 

3.  Six  crip'  ins  of  police,  who  shall  be  appointed  bv  the 
board  of  police  commissioners  from  the  members  of  the 
police  force,  who  •,,,]  to  such  duty,  and  who 
shrill  bi  to  such  rubs  and  r<  ^illations,  as  the 
chief  of  police  shall  prescribe.  They  shall  receive  a  salary 
of  two  hundred  dollars  per  month  each,  payable  monthly, 
at   the   end  of  each   and   every   month. 

Police  officers,   their  qualifications,  powers,  and  duties. 

4.  As  many  police  officers,  not  exceeding  five  hundred, 
as  the  board  of  police  con  rs  may  determine  to  be 
necessary,  to  be  appoints!  by  said  board:  but  it  shad  be 
the   duty   of  sn i .1    hoard,   on    its   first   organization,   to   appoint 

as  members  of  the  police  force  the  members  of  the  police 
force,  if  any,  then  in  service,  unless  such  members  be  in- 
competent or  incapable  to  serve.  Every  person  applying 
for  appointment  to  said  police  force,  unless  he  be  a 
member  of  the  police  force  then  existing  in  such  city, 
or  city,  and  county,  shall  produce  and  file  with  the  said 
board  a  certificate,  signed  by  not  less  than  twelve  free- 
holders and  qualified  voters  of  the  smallest  political  subdi- 
vision of  such  city,  or  city  anil  county,  stating  that  they 
have  been  personally  and  well  acquainted  with  the  ap- 
plicant for  one  year  or  more  next  preceding  the  appli- 
cation, and  that  the  applicant  is  of  good  repute  for  honesty 
and  sobriety,  and  they  believe  him  to  be,  in  all  respects, 
competent  and  fit  for  the  office.  All  such  certificates  shall 
be  preserved  in  the  office  of  said  board,  and  shall  not  be 
returned  to  the  applicant.  Every  appointee  to  said  police 
force  must  be  a  citizen  of  the  United  States  and  of  this 
state,  able  to  read  an."  write  the  English  language,  and  a 
resident  of  such  city,  or  city  and  county,  at  least  five  years 
previous  to  his  appointment,  except  such  member  of 
said    police   force   as   may    be    in   service   at   the    time   of   the 


723  MUNICIPAL   CORPORATIONS.  Act  2348,  §  140 

organization  of  said  board;  every  appointee  shall  not  be 
less  than  twenty-five  nor  more  than  forty  years  of  age, 
and  not  less  than  five  fleet  and  seven  inches  in  height, 
and  shall,  after  his  nomination,  and  before  his  appoint- 
ment, pass  a  thorough  examination  by  the  surgeon  of 
police,  or  by  any  physician  appointed  by  said  board,  and 
be  found  on  sucb  examination  to  be  sound  in  health,  and 
to  possess  the  physical  qualifications  required  for  recruits 
for  the  United  States  army.  The  police  officers,  in  subjec- 
tion to  the  rules  and  regulations  of  the  said  board,  to  the 
orders  of  the  respective  captains,  and  under  the  general 
direction  of  the  chief  of  police,  shall  be  prompt  and  vigi- 
lant in  the  detection  of  crime,  the  arrest  of  public  offend- 
ers, the  suppression  of  all  riots,  frays,  duels,  and  disturb- 
ances of  the  public  peace,  the  execution  of  process  from 
the  police  court  in  causing  the  abatement  of  public  nui- 
sances, and  the  enforcement  of  the  laws  and  regulations  of 
the  police.  They  shall,  as  soon  as  practicable,  upon  an 
arrest,  under  penalty  of  dismissal  from  the  force,  or  of 
a  fine  of  not  more  than  one  hundred  dollars,  or  of  both, 
at  the  discretion  of  the  board,  convey  in  person  the  offender 
before  the  nearest  sicting  magistrate.  If  the  arrest  ia 
made  during  the  hours  that  the  magistrate  does  not  regu- 
larly hold  court,  or  if  the  magistrate  is  not  holding  court, 
such  offender  may  be  detained  in  a  station-house  until 
tne  next  public  sitting  of  the  magistrate,  and  no  longer, 
unless  discharged  on  bail,  according  to  law.  No  member 
of  the  police  force  shall  be  eligible  to  any  other  office 
while  a  member  of  such  force,  nor  shall  he  take  any 
part  whatever  in  any  convention  held  for  the  purposes  of 
a  political  party;  nor  shall  he  be  a  member  of  any  politi- 
cal club;  nor  shall  he  be  allowed  to  interfere  with  politics 
on  the  day  of  election,  or  at  any  time  while  employed  on 
said  force,  except  to  cast  his  vote.  No  member  of  said 
police  force  while  on  duty  shall  enter  into  any  liquor- 
saloon,  bar-room,  or  place  where  liquors  are  retailed,  ex- 
cept when  necessary  in  the  discharge  of  his  duties,  on 
penalty  of  reprimand,  fine,  suspension,  or  removal  from 
office.  No  member  of  the  police  force  shall  devote  his 
time  to  any  other  profession  or  calling,  become  bail  for  any 
person  charged  with  any  offense  whatever,  solicit  counsel 
or  attorneys  for  prisoners,  receive  any  present  or  reward 
for  official  services  rendered,  or  to  be  rendered,  unless  with 
the  knowledge  and  approbation  of  a  majority  of  said  board; 
such  approbation  to  be  given  in  writing  and  certified  by  the 


Act  2348,  8  1«  MUNICIPAL  CORPORATIONS,  TU 

clerk  of  said  board.  Pofiee  officers  who  shall  bo  ■elected 
to    act  of    police,    and     police    officers    who 

shall    b<  shall 

each  reeeiv<    a  salary  of  one  bandied  and  twenty-five  dol- 
lars per  month,   payable   monthly,  at  the  end  of  each  and 
ry    month.     The    police   officer   who   shall    he    selected   to 
act   a*  cleric   to   the  chief  of   police,  and   the   police   officer 
shall   l"  ■  property  elerk,  shall   each 

tatty  of  one  hundred  and  fifty  dollars  par 
month,  payable  monthly,  at  the  end  of  •  a.-h  ami  every 
montli.      All   other  -   -shall    each    receive   a   salary 

of  oil'1   hundred    and    two    dollars    pet   month,    payable    month- 
ly, at  the  end  of  each  and  every  month;   provided,  that  the 
rarer  of  such   city,  or  city   and   c.unty,   is   hereby   au- 
thor i    retain     from     the     salary    of    each 
id  poliee  force  two  dollars  from  every  month's 
ry,   to   In-    paid     into    the     fund    of    tin     police    life   and 
md    herein    mentioned. 

Surgeon  of  police,  nnd  his  duties. 

i,    of   police,    whose   duty    it   shall   he   to   attend 
•■•id<  nt    ■■•  -    at    the    several    police 

stations,  to  attend  all  officers  who  may  he  taken  sick  or  in- 
jured in  the  discharge  of  their  duty,  nine  all  appli- 
cants for  appointment  on  the  poliee  force,  and  to  perform 
such     Other     .luti.s     as     tin-     hoard    of    police    commissioners 

from    time    to    time    presence.      He    shall    be    appo'r 
by    the  said    board,   and   shall    hold   office   during   its    pleasure, 
but    he    shall    not    lie    n  moved    without    just    cause.      He   shall 
■    salary    of    two    hundred    doIlarB    per    month,    pay- 
able  monthly,  at  the  end  of  each  and  every  month. 

Fire  commissioners,  how  appointed  and  term  of  office. 

.    141.     There    shall    be    a    board    of   fire   commissioners 
■  •li    city,   or   city   and    county,   consist ing  of   five   pen 

me    qualifications    o  iity     as     arc 

herein  pneaeribed  for  the  members  of  the  hoard  of  alder- 
nun,  who  shall  be  appointed  by  the  mayor,  with  the  ad- 
vice of  the  board  of  alderm  ihaJQ  hold  office  for  tho 
term  of  four  ind  after  the  time  of  their  ap- 
pointment, and  oo  more  than  three  of  whom  shall  belong 
to  the  same  national  political  party;  provided,  that  the 
lire  commissioners  now  acting  as  such  in  such  city,  or 
and   county,  shall   continue    to    hold   their  respective  of- 


7J5  MUNICIPAL   CORPORATIONS.  Act  2348,  §  142 

fices  until   the   expiration   of   the   term   for  which  they  may 
have  been  respectively  elected  or  appointed. 

Powers  and  duties  of  fire  commissioners. 

Sec.  142.  The  said  board  of  fire  commissioners  shall 
supervise  and  control  said  fire  department,  its  officers, 
members,  and  employees,  subject  to  the  laws  governing 
the  same,  and  shall  see  that  the  offices,  members,  and  em- 
ployees thereof  faithfully  discharge  their  duties,  and 
that  the  laws,  orders,  and  regulations  relating  thereto  are 
carried  into  operation  and  effect.  They  shall  not,  nor  shall 
either  of  them,  or  the  chief  engineer,  or  assistant  chief  en- 
gineer, or  assistant  engineers,  of  said  fire  department, 
be  interested  in  any  contracts  pertaining  in  any  manner  to 
said  fire  department,  or  the  sale,  furnishing  of  apparatus, 
or  supplies  for  the  same;  and  all  contracts  in  violation 
of  this  section  are  declared  void,  and  any  of  said  per- 
sons violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  misdemeanor,  and  upon  conviction,  shall 
be  punished  accordingly.  The  municipal  council  of  such 
city,  or  city  and  county,  shall  have  power  to  contract  and 
provide  for  all  cisterns,  hydrants,  apparatus,  horses,  sup- 
plies, engine,  hose  and  hook-and-ladder  houses,  and  all 
alterations  and  repairs  required;  and  said  board  of  fire 
commissioners  shall  supervise  all  contracts  awarded,  and 
work  done  for  the  said  fire  department,  and  shall  see  that 
all  contracts  awarded  and  work  done  are  faithfully  per- 
formed. The  said  board  of  fire  commissioners  shall  hav^ 
power  to  prescribe  the  duties  of  the  officers,  members, 
and  employees  of  said  fire  department,  and  to  adopt  rules 
and  regulations  for  the  management  and  discipline  there- 
of; and  a  majority  of  them  shall  certify  to  the  correct- 
ness of  all  claims  and  demands  before  the  same  shall  be 
paid.  And  the  municipal  council  is  authorized  and  re- 
quired to  provide  and  furnish  for  the  use  of  the  board  of 
fire  commissioners  a  suitable  room  or  rooms  in  some 
of  the  buildings  of  such  city,  or  city  and  county,  to  serve 
as  an  office  for  their  meetings  and  the  transaction  of 
business  relating  to  said  fire  department,  in  which  their 
elerk,  janitor,  and  messenger  shall  be  in  attendance  daily 
during  office  hours.  The  chief  engineer,  assistant  chief  en- 
gineer, and  assistant  engineer[s]  of  said  department  shall 
also  make  it  their  headquarters  daily  during  office  hours, 
when  not  otherwise  engaged  in  offieial  duties.  And  the 
said  municipal  council  shall  furnish  the  chief  engineer, 
and  also  the  assistant  chief  engineer  and  assistant  engi- 
neers hereinafter  mentioned,  with  a  horse  and  buggy,  and 
shall  provide  for  keeping  the  same. 


Act  2348,  }  143-116  MUNCIPAL    I  756 

Officers  of  fire  department. 

s.  •.    i  :  ifficera   of    the    firr    department   of   such 

city,  or  eity  and  county,  shall  be: 

1.  Pii  mmissioners,  to  be  appointed  aa  aforeaaidj 

2.  One  chief 

nt  ehi(  f  (  Dgineer; 

4.  Four  assistant   engini 

5.  One  ■uperintendent  of  steam  fin -engines. 

liemberi  and  employees  of  fire  department. 

8cc.    Ml.     The    member!    ancl    employees    of   said    fire    de- 
partment shall  be: 

1.  o  mt  superintendent  of  steam  fin 

2.  One  clerk  and  t  for  the  corporation  j 

3.  One  corporation  yard  drayman; 

4.  One   night   watchman   of  corporation  yard; 

5.  Two  hydrant  mm; 

6.  One  vi  terinary  surg 

7.  One  foreman  of  each  company; 

8.  One  engineei  for  each  steam  fire-engine; 

9.  One  aub8tit  i  r  and  machinist; 

10.  <  me  <iri  vc  r  Cot  each  company; 

11.  One  fireman   for  each   st<  am   engine   eompany* 

12.  <  >n«'  carpenter; 

13.  One  tillerman  for  each  hook-and-ladder  company; 

14.  <>iir  steward  for  each  hose  company; 

15.  One  janitor  and  messenger; 

16.  One  clerk. 

:   members  of  department   to  give  entire  time  to  duties. 

145.     All  paid  members  of  said  fire  departmei 
eepl    thf    veterinary   surgeon,    foreman,  foreman, 

eompany    clerks,    hosemen,    book-and-ladder-men,   and    st 
ards   of    volunteer   companies    shall    give    t  In  ir    undivi 
attention   to    their   respective   duties,   l>ut    the   fori 
sistant   ton  man,   company   clerks,    hosem<  n,   and    hook-and 
ladder-men,    and    stewards    of    volunteer    eompanii 
perform    such    duties    .i>    may    be    pr  irom    tim.     tn 

tune   l>y     said  board   of  lire  commissioners  and  ordered  to 
be  executed  by  thi  agineer. 

Certain   officers,   how   appointed. 

Sec.    146.     The    chief   engineer,    the    assistant    chief 
necr,    the   superintendent   of   steam    lir.  engii 


727  MUNICIPAL    CORPORATIONS.     Act  2348,  §  §  147,  14S 

ant  engineers,  the  clerk,  and  all  members  and  employees 
of  the  fire  department,  shall  be  appointed  by  the  fire  com- 
missioners, and  retain  their  positions  during  good  be- 
havior; and  it  shall  be  the  duty  of  such  fire  commissioners, 
on  their  first  organization  under  this  act,  to  appoint 
as  members  thereof  the  officers  and  members  of  any  fire 
department  which  shall  be  in  service  in  any  such  city, 
or  city  and  county,  at  the  time  of  its  organization  under 
this  act.  No  officer,  member,  or  employee  of  said  fire 
department  shall  be  removed  for  political  reasons. 

Fire  department  to  consist  of  what. 

Sec.  147.  The  fire  department  of  such  city,  or  city  or 
county,  shall  consist  of  such  engine,  hook-and-ladder,  and 
hose  companies  as  shall  be  recommended  by  the  board  of 
fire  commissioners,  and  determined  by  the  municipal  coun- 
cil necessary  to  afford  protection  against  fire;  provided, 
that  as  an  auxiliary  thereto  patent  fire-extinguishers  may 
also  be  purchased  and  employed;  if,  in  the  judgment  of 
said  board,  deemed  advisable;  provided,  that  no  hand- 
engine  shall  be  purchased  for  the  use  of  said  department, 
but  such  as  shall  be  in  possession  of  such  city,  or  city  and 
county,  prior  to  its  organization  under  this  act,  may  be 
used  in  such  localities  and  under  such  regulations  as  the 
board  of  fire  commissioners  may  prescribe.  The  com- 
panies of  said  department  shall  be  organized  as  follows: 
Each  steam  fire-engine  company  shall  consist  of  (1)  one 
foreman,  one  (1)  engineer,  one  (1)  driver,  one  (1)  fire- 
man, and  eight  (8)  hosemen;  one  (1)  of  whom  shall  aet 
as  assistant  foreman,  and  one  (1)  as  clerk.  Each  hook-and- 
laddcr  company  shall  consist  of  one  (1)  foreman,  one  (1) 
driver,  one  (1)  tillerman,  and  twelve  (12)  hook-and-ladder 
men;  one  (1)  of  whom  shall  act  as  assistant  foreman,  and 
one  (1)  as  clerk.  Each  hose  company  shall  consist  of  one 
(1)  foreman,  one  (1)  driver,  and  one  (1)  steward,  and  six 
(6)  hosemen;  one  (1)  of  whom  shall  act  as  assistant  fore- 
man, and  one   (1)   as  clerk. 

Duties  of  chief  engineer. 

Sec.  148.  The  chief  engineer  shall  be  the  executive  offi- 
cer of  said  fire  department,  and  it  shall  be  his  duty 
(and  that  of  the  assistant  chief  engineer  and  assistant  en- 
gineers) to  see  that  the  laws,  orders,  rules,  and  regula- 
tions concerning  the  same  are  carried  into  effect,  and  also 
to  attend  to  such  duties  as  fire  wardens  as  may  be  re- 
quired, and  to  see  that  all  laws,  orders,  and  regulations 
established    in    such    city,    or    city    and    county,    to    secure 


Act  23«.  §5  1: 

P«>t(  L       It     shall     also    bC    the 

duty    of    \h>     ehi<  I  ■    to    t  aforca    the    rubs    an<l    n 

lationi    made    from    Time    to    time    to   secure     discipline     in 
said    fir-  'it.    and    ho    shall    I  1    w& pooi 

M  for  a  vio- 
lation of  th(  nil  forthwith  report  in  writing, 
with  hi-  therefor,  to  the  hoard  of  fire  commis- 
sion                                      Be   shall   diligently   ebaonre   the 

condition    of    the  -    and    workings    of    Said    depart 

merit,    and    shall    report    in    writing,    at     i  in    ea<-h 

,   hoard  of  fire  commissioners,  upon   the  same, 
and    make    Buch    r 
in;,'   it,   b  g   ita   greater  efficiency,  as  ho  may 

deem   proper;  and  in  tl  •    or  inability  «'t"  tin'  chief 

•m  it    shall    assume 
the  d  •'••_' 

:.    his   bond    and    dii' 

i    M    I-],  rk    by    said    board    of 
fire  .in  rs     shall,     before     entering      upon      the     dis- 

charge   of    his    dutii  s,    •  1    bond,    with    two    or    ■ 

sureties,     in     the     penal     sum     of     twelve     thousand     (£12,000) 
dollar-,      lor     the     faithful     discharge     of     his     duties,     which 
bond    shall    be   approved    by    said    board   of  lire   count 
and    the    ■  «r  oity   and   county,   an  I    11 

so    approved    shall    be    fll<  d    in    (Be    ansae    of   the    auditor. 
The    amonnl    of    said    lion.l    may   he    b  from    time    to 

time,    when    directed    by    tip     board    of    lire    ooromiaaJOBeaa, 

I    it    ih  .  m    i'  tor   the    public   good;   said    clerk 

shall     attend     daily,     during    otli  at    the    offic.t 

the    board    "?    hn  fwhieh    shall    bo    the   office 

Of    th(     1  '    tthtef    engineer,    and    a 

:int    1  >all    perform    t ii •  ■    duties    of    clerk    to    said 

board    and    d  and     shall     perform    such    otlur 

duties  from  time  to  tine-  as  said  board  may  prescribe.  The 
clerk  and  Btor<  keeper  for  the  corporation  yard  shall,  Be- 
ring upon  his  duties,  furnish  a  band  in  the  BU.S3 
oi  t.  11  thousand  £10,000)  dollars,  to  be  approved  in  the 
same  manmr  as  the  bond  provided  for  in  this  section,  to 
be  given  by  tin  clerk  of  said  board  of  fire  commissioners, 
and  filed  with   lin    auditor. 

Property  of  department,  how  sold. 

Sec.  150.  The  mayor  of  Bud  city,  or  city  and  county, 
upon  the  recommendation  of  the  board  of  fire  commis- 
sioners,   with    the    approval    of    the    municipal    council,    m   au- 


7M  MUNICIPAL    CORPORATIONS.  'Act  2348.  §§  151-153 

thorized  to  sell  at  private  or  public  sale  from  time  to  time 
any  or  all  of  the  engines,  hose-carriagos,  engine-houses,  lots 
on  which  such  houses  stand,  or  parts  of  lots  (or  to  exchange 
any  of  said  lots,  when  in  their  judgment  demanded  by 
the  public  good),  or  other  property  which  shall  not  be  re- 
quired for  the  use  of  the  department,  and  to  execute,  ac- 
knowledge, and  deliver  good  and  sufficient  deeds  or  bills 
of  sale  for  the  same,  paying  the  proceeds  of  such  sales 
into   the  county  treasury,  to   the  credit  of  the  proper  fund. 

Appropriation  for  purchase  of  horses,  supplies,  etc. 

Sec.  151.  The  municipal  council  of  such  city,  or  city 
and  county,  is  hereby  authorized  and  required  to  appropri- 
ate, allow,  and  order  paid  annually  out  of  the  general  fund 
of  such  city,  or  city  and  county,  the  salaries  hereinafter 
specified  and  allowed,  and  salaries  at  similar  rates  to  the 
several  officers  and  men  of  any  additional  companies  cre- 
ated as  aforesaid,  and  the  municipal  council  is  required 
to  appropriate,  allow,  and  order  paid,  out  of  the  general 
fund,  a  sum  not  to  exceed  eighty  thousand  ($80,000)  dollars 
annually  for  running  expenses,  horse-feed,  repairs  to  ap- 
paratus, and  for  the  construction  and  erection  of  cisterns 
and  hydrants,  and  for  the  erection  and  repair  of  build- 
ings, and  other  expenses  of  the  fire  department.  To  ap- 
propriate a  sum  not  to  exceed  thirty  thousand  ($30,000) 
dollars  for  the  purchase  of  horses  and  apparatus  for  the 
fire   department. 

Allowance   to   disabled  member. 

Sec.  152.  Whenever  a  member  of  the  paid  fire  depart- 
ment of  such  city,  or  city  and  county,  shall  become  dis- 
abled by  reason  of  injuries  received  at  any  fire,  so  as  to 
be  unable  to  perform  his  duties,  the  municipal  council,  upon 
the  recommendation  of  the  board  of  fire  commissioners,  is 
hereby  authorized  and  empowered  to  allow  said  disabled 
man  a  sum  not  exceeding  fifty  ($50)  dollars  per  month 
for  not  to  exceed  three  (3)  months,  payable  out  of  the 
general  fund  of  such  city,  or  city  and  county,  in  the  same 
manner  and  form  as  other  payments  are  made  out  of  said 
fund. 

"Fireman's  Charitable  Fund." 

Sec.  153.  The  municipal  council  shall  provide,  by  ordi- 
nance, for  the  payment  into  a  "Fireman's  Charitable 
Fund"  of  such  city,  or   city  and  county,  of  all   moneys  re- 


Act  234$.  U  lC-MCt,    MCNK'lpAl.    .  j^ 

ceivcd  for  licenses   for    tin  ,'e   of 

gun-powder,    blasting-]  otton,    fire-works,    i 

glycerin,   dualine,   or   any    •  i  or   compounds,   or 

as  a  municipal   tax   Q] 
in  the  police  court,  for  vh  I  fire  ordinances.     Said 

fund    shrill    be    under    the    direction    and    control    of    and 

■   to  such  regal  may  be  prescribed  by  the  board 

of    fire    commissioners. 

wit   foreman   and   clerk. 

154.     The    chief    engineer    shall    have    power    I 
point  one  'in  mix  r  of  i  aefa  company  I 

man;    also,   one    member    to   act   as   clerk;  ik   to    re- 

)    dollan    l"  r    month    extra    pay. 

Organization   of   board    and    time    of    i 

L55.     The     fire    commissioners    shall 
board     immediately     upon     their     app  the 

first   Monday   after   th<  ■    ol    January  of  sash   and 

every    year    thereafter,    by    selecting   one    ol    their    number 
as    president    and    they    shall    meet    at    Least   once    in    ■ 
month   publicly   at   tin  ir  ol  transact   tin    I" 

said   fire  department;   and,   in   addition   bo  the  st.-r 
ings,  they  shall  meel   twice   in  each   month  for  the  purpose 
of   invesl  linst   officers,   members,  and  em* 

ployeee  of  said  department   for  violal     :  I    the   rules 

and    regulations    thereof;    and    shall    hold    Buck    int. 

■  I,,  y     shall     deem     D  to    1  he    prOp<  r    ad- 

ministration   of    the    fire    department.  rson    shall    be 

eligible    to    any    position    in    said    department    who    is    QOi 
citi/.  United  States,  or  a  resident  of  Buch  city,  or 

city  and   county,  at   hast  two  years,  uor  under  twenty-one 
(21)  years  of  age  at  the  time  of  his  appointment 

Investigations,   how   conducted. 

S.  c.    16ft.      In    all    investigations   for  violation   of  the   rales 
and    regulations    of    the    fire    department,    the    president    oi 

board   of  tire  commissioners  shall   hat 
subpoenas,    and    administer  .  I    the    attend- 

ance of   witnesses  before   him   by   attachment   or  others 
All   Bubpoenas  y   him  shall   be  in   ineh  form  as   he 

may     prescribe,    and    sli.ill     b 

or   by    any   peace  officer   oi    Buch   city,  and   county. 

Any   person  who  refuses   to  att< 

to    such    subpoenas    shall     be    deemed     guilty  ipt 


731  MUNICIPAL    CORPORATIONS.    Act  2348    §§ 

and  be  punished  by  him  as  in  cases  of  contempt  in  justices' 
court  in   civil   cases. 

Members,  how  dismissed. 

Sec.  157.  No  officer,  member,  or  employee  of  the  fire 
department  shall  be  dismissed  unless  for  cause,  nor  until 
after  a  trial.  The  accused  shall  be  furnished  with  a  writ- 
ten copy  of  the  charges  against  him  at  least  five  (5)  days 
previous  to  the  day  of  trial,  and  he  shall  have  an  oppor- 
tunity to  examine  witnesses  in  his  behalf,  and  all  wit- 
nesses shall  be  examined  under  oath,  and  all  trials  shall  be 
public. 

Workshop   at   corporation   yard. 

Sec.  158.  The  municipal  council  of  such  city  and  county 
is  hereby  authorized  and  empowered  to  establish  and  main- 
tain at  the  corporation  yard  a  workshop  for  making  re- 
pairs and  improvements  upon  the  apparatus  of  the  fire 
department,  and  such  workshop  and  such  repairs  and  im- 
provements to  be  under  the  supervision  of  the  board  of 
fire  commissioners,  and  the  municipal  council  shall  allow 
and  order  paid,  out  of  the  proper  fund,  all  the  expenses 
of  such  workshops,  repairs,  and  improvements. 

Restrictions  on  members. 

Sec.  159.  No  member  of  said  board  of  fire  commission- 
ers shall,  during  his  term  of  office,  be  a  member  of  any 
party  convention,  the  purpose  of  which  is  to  nominate  can- 
didates for  political  office,  nor  shall  the  officers,  members, 
or  employees  of  said  fire  department  take  any  part  what- 
ever in  any  partisan  convention,  held  for  the  purposes  of 
a  political  party;  nor  shall  any  member  of  the  said  board 
of  fire  commissioners,  directly  or  indirectly,  attempt  to  con- 
trol or  influence  the  action  of  any  member  of  said  fire 
department,  or  any  employee  thereof,  in  any  primary  or 
general  election.  No  member  of  the  fire  department  shall 
levy,  collect,  or  pay  any  amount  of  money  as  an  assess- 
ment or  contribution  for  political  purposes.  Any  violation 
of  the  foregoing  provisions  of  this  section  shall  be  deemed 
a   misdemeanor. 

Salaries  of  officers  of  fire  department: 

Sec.  160.  The  salaries  of  the  officers  of  the  fire  depart- 
ment shall  be  paid  in  monthly  installments,  and  as  fol- 
lows: 


A.ct  234S.  J  ISO  *1 ; 

1.  The  Balary  of  the  fin  -  -         l  thou- 
Band  two  hundred  dullara  p<  r  annum; 

2.  The   Balary  of  the   ehiei  ■  ■'■   be   f<>ui 
sand  dollars  per  annum; 

3.  The    Balary    of    tb<  nt    ehref    i  si  ill    1" 

ad  tour  hundred  dollars  p<  r  annum; 

•1.   Th(  shall    '  aeh    he 

one  thousand  eight   hundred  dolta  duto; 

The  salary  of  tli>  fines 

shall  lie  two  thousand  four  hundred  dollars  per  aanwm 

Salaries  of  employees  of  fire  departs 

161.     The    Si 
of   tiir    fire    department   ahaJl   be   paid    in    monthly    instali- 

■.vs: 

1.  Ti  strain    tin- 

ae   thousand  six   hundred   and   eighty  dol- 
lars   j.«  r    anniiin; 

2.  Tiic  ssdar  ihs  cor- 

i    shall     !>•  ISand    five    hun.lre.l    .1. 

]■!  r  annus; 

3.  The    .salary    of    the    corporation    yard    drayman    shall    |(J 

one    thousand    and    eighty    dollars    per    annum; 

4.  The   Balarj    of    the    night    watchman    for    the   corpora- 

tion   yard    shall    be    nine    hundred    io liars    per   annum; 

Phi    salary  of  the  two  bydrantmen  shall  be  one  thou 
sand    and    i  .    Dars    per    annum    eaeh; 

salary    of    the    veterinary     Burgeon     shall     be     on-' 
thousand    two     hundn  d    dollars    per    annum; 

7.  The    salary    of    the    foreman    of    each    company   shall    b 

tndred    and    forty    dollars   per   annum; 

8.  The  salary  of  the  engineer  fas  i 

company    shall     be    one      thousand    six     huudn  d    and    elf 
dollars  per  annum; 

9.  The     salary     of     the     vcterii  >.n     shall     be     one 
shall    be    one    thousand    six    hundred    and    eighty    dollars    p<  r 

annum; 

10.  The    salary   of    the    driver    for    each    company   shall    be 
thousand    and    eighty    dollars    per    annum; 

11.  The    salary   of    the    fireman   for   each    steam    fire    com- 

1    be   one    thousand    and    eight}    dollars    per    annum; 
PJ.   The     salary     of     the     carpenter     ft*      said     department 
shall    be    one    thousand    two    hundred    dollars    p>  r    annum; 


W  MUNICIPAL    CORPORATIONS.     Act  2348,  §  §  162,  163 

13.  The  salary  of  the  tillerman  for  each  hook-and-ladder 
company  shall  be  one  thousand  and  eighty  dollars  per 
annum; 

14.  The  salary  of  the  steward  for  each  hose  company 
shall    be    nine    hundred    and    sixty    dollars    per    annum; 

15.  The  salary  of  each  hoseman  and  each  hook-and-lad- 
der  man  shall  be  four  hundred  and  eighty  dollars  per 
annum; 

16.  The  salary  of  the  janitor  and  messenger  shall  be 
one  thousand  two  hundred  dollars  per  annum; 

17.  The  salary  of  the  clerk  of  the  board  of  fire  com- 
missioners shall  be  one  thousand  eight  hundred  dollars  per 
annum. 

Fire  alarm  and  police  telegraph. 

Sec.  162.  There  shall  be  maintained  and  provided  for 
by  the  municipal  council  in  such  city,  or  city  and  county, 
a  fire-alarm  and  police  telegraph  for  municipal  use,  and 
the  superintendent  thereof  shall  be  appointed  by  the  board 
of  fire  commissioners,  to  serve  during  its  pleasure,  except 
that  he  shall  not  be  removed  for  political  causes,  reasons, 
or  purposes.  Said  superintendent  is  authorized  to  appoint 
the  following  officers  and  employees:  One  chief  operator, 
three  operators,  one  repairer,  two  assistant  repairers,  and 
one  batteryman.  It  shall  be  the  duty  of  such  board,  on 
their  first  organization  under  this  act,  to  appoint  as  officers 
and  employees  thereof  the  officers  and  employees  of  any 
fire-alarm  and  police  telegraph  which  shall  be  in  service 
in  such  city,  or  city  and  county,  at  the  time  of  its  organiza- 
tion  under   this   act. 

Salaries  of  officers   of  fire-alarm,   etc. 

Sec.  163.  The  salaries  of  the  officers  of  said  fire-alarm 
and  police  telegraph  shall  be  paid  in  monthly  installments, 
and  as  follows: 

1.  The  salary  of  the  superintendent  shall  be  two  thou- 
sand   four    hundred    dollars    per   annum; 

2.  The  salary  of  the  chief  operator  shall  be  one  thou- 
sand   eight    hundred    dollars    per    annum; 

3.  The  salary  of  each  of  the  three  operators  herein 
provided  for  shall  be  one  thousand  five  hundred  dollars 
per  annum; 

4.  The  salary  of  the  repairer  shall  be  one  thousand 
two   hundred    dollars   per   annum; 


MfNICIPAL    CORPORATIONS.  134 

ich   of   tie  --ant    r«  pairers  here- 

in |.r.'\  i'li  il  for  shrill  bo  one  thousand  and  eighty  dollars 
]•'  i    annum; 

6.  The   salary   of   the   batteryman    shall    be    nine    hundred 
dollars  per  annum. 

A  ppropriation. 

Sec.    164.     The    municipal    council    shall    appropriate    such 
sum   as   may   be    ii  g    fifteen    thousand 

dollar-  pi  r  annum,  for  the  maintc  nan.e,  repair,  ami  exten- 
sion of  !;iph,  and  to  defray  tl  of  instru- 
menta  and  m  md  for  such  horses  and  ve- 
bielea  as  may  be  m  ceseary  for  the  use  of  Baid  superintend- 
ent. 

.  of  health,  how  eonetil 

185.  Then  shall  be  a  board  of  health  for  such 
city,  or  City  ami  COanty,  which  1  ■•  i.-inl  shall  consist  of  the 
mayor  of  the  city  and  county,  and  five  physicians  in  good 
standing,  residing  in  sneb  city,  or  city  and  county,  who 
shall    be    appoint'  d    by    the    governor,    and    who    shall    hold 

■-.  and  until  their  successors 
are  appointed  and  qualified;  and  in  case  any  vacancy  shall 
at  any  time  occur  in  said  board  by  removal,  or  resigna- 
tion, or  otherwise,  the  same  shall  be  filled  by  appointment 
by    the   goven 

Mi>  tings. 

See.    1G6.     The   mayor   of   such    city,   or   city   and   county, 
shall  be  presidt  al  I   of   health,  and  in 

his  al    any    meeting,    the    board    may    elect   a   chair- 

man, who  snail,  for  the  time,  si-th  all  the  power 

nl    the   |  Said  board   shall   hold  a   regular  meeting 

at    least  in    each    month,    and    at    other    tinus,    when 

lident,    or   by   a   majority    of    the 
board. 

Jurisdiction  of  board  of  health. 

Sec.    157.     Said    board    of    health    is    hereby    invested    with 
general   jurisdiction    over   all    matters   appertaining   to   the 
sanitary    condition    of    such    city,    or    city    and    county,    and 
over  all  quarantine  regulations  and  the  enforcement  ther 
and    hospitals    and    aln  .    and    all    municipal    institu- 

tion- and      maintained      for     charitable      purposes 


735  MUNICIPAL     CORPORATIONS.     Act    2348,  §  §  168,  1G9 

and  not  herein  enumerated,  within  the  corporate  limits  of 
such  city,  or  city  and  county,  and  adopt  such  orders  and 
regulations  as  may  be  necessary  to  the  complete  exercise 
of  the  powers  hereinbefore  enumerated-,  and  may  appoint 
or  discharge  such  attendants  and  employees  as  may  seem 
best   to   promote   the   public   welfare. 

Salary. 

Sec.  168.  The  members  of  said  board  of  health  shall 
receive  no  salary. 

Salaries  of  officers  appointed  by  board   of  health. 

Sec.  169.  Said  board  of  health  shall  have  power  to  ap- 
point the  following  officers  and  employees,  who  shall  re- 
ceive the  salaries  hereinafter  provided,  payable  in  monthly 
installments  at  the  end  of  each  month,  viz.: 

1.  One  health  officer,  who  shall  be  the  executive  officer 
of  said  board,  at  a  salary  of  two  thousand  four  hundred 
dollars  per  annum; 

2.  One  quarantine  officer,  at  a  salary  of  one  thousand 
eight   hundred   dollars  per  annum; 

3.  One  secretary,  at  a  salary  of  two  thousand  four  hun- 
dred  dollars   per   annum; 

4.  Six  health  inspectors  and  one  market  inspector,  at  a 
salary  of  oue  thousand  two  hundred  dollars  per  annum 
each;    one    messenger    at    nine    hundred    dollars   per    annum; 

5.  One  superintendent  of  the  city,  or  city  and  county, 
hospital,  who  shall  be  a  physician  and  graduate  of  some 
medical  college  in  good  standing,  at  a  salary  of  two  thou- 
sand four  hundred  dollars  per  annum; 

6.  One  resident  hospital  physician,  at  a  salary  of  one 
thousand  five  hundred  dollars  per  annum; 

7.  One  hospital  steward,  at  a  salary  of  one  thousand 
two    hundred    dollars   per    annum; 

8.  One  hospital  matron,  at  a  salary  of  nine  hundred 
dollars  per  annum; 

9.  One  hospital  apothecary,  at  a  salary  of  one  thousand 
two   hundred    dollars   per   annum; 

10.  One  hospital  engineer,  at  a  salary  of  nine  hundred 
dollars   per   annum; 

11.  Two  physicians  and  two  surgeons,  to  be  selected 
from  the  faculty  of  the  medical  department  of  the  Uni- 
versity of  California,  and  two  physicians  and  two  sur- 
geons to  be  selected  from  the  faculty  of  the  Pacific  Medi- 
cal College,  at  such  salary  as  the  board  of  health   may  des- 


Act  2348.   5 1  170.  171     MINICIPAL    CORPORATIONS.  7M 

ignate,  not  to  exe<  cd  one  thousand  two  hundred  dollars 
each  per  annum,  as  visiting  physicians  and  surgeons  to 
the    city,    or   city    and    county,    hospital; 

12.  One  ahi  superintendent,  at  a  salary  of  two 
thousand     tour    hundred    dollars    per    annum; 

13.  One  r<  <'<]i  nt  alms-honsc  physician,  at  a  snlary  of 
one    thousand     five     hundred     dollars    per    annum; 

It.  One  alms-house  matron,  at  a  salary  of  seven  hundred 
and    twenty    dollars    p«*r   annum; 

15.  One  city  physician,  at  a  salarv  not  to  exceed  one 
thousand    eight    hundred    dollars    per   annum; 

16.  <  >ne  assistant  city  physician  for  the  industrial  school 
and  house  of  corn  Ction,  at  a  salary  of  one  thousand  two 
hundred    dollars    per    annum; 

17.  One  fir«t  cook,  at  a  salary  of  sixty  dollars  per  month; 
IS.   On"    second    cook,    at    a    salary    of    thirty-five    dollars 

per    month; 

19.  One  third  cook,  at  a  salarv  of  thirty  dollars  per 
month ; 

2".  One  baker,  at  a  salary  of  seventy  five  dollars  per 
month ; 

81.   One  clerk,    at   a   salary  of  forty   dollars  per  month; 

22.  One  interpreter,  at  a  salary  of  forty  dollars  per 
month ; 

23.  Onp  ambulance  driver,  at  a  salary  of  forty  dollars  per 
month : 

21.  Sixteen  nurses,  at  a  salary  of  thirty  five  dollars 
each. 

Appointing    power. 

170.     The  appointing  power  of  all   and  erery  of  the 
aforesaid    offl  employee!    is    vested    solely    in    said 

board  of  health,  and  said  1-  >:trd  shall  have  j.ow.-r  to  pre- 
scribe the  duties  of  every  and  all  of  said  officers  and  em- 
ployees, and  to  remove  the  same  at  pleasure;  and  said 
board  of  health  is  hereby  empowered  to  employ  such  addi- 
tional employees  as  may  be  necessary  to  carry  out  the  pur- 
poses of  this  act,  at  such  compensations  as  said  board  of 
health   may  fix. 

Salaries,    how    paid. 

Sec.  171.  The  salaries  of  the  officers  and  employees 
of  said  board  of  health,  and  all  other  expenses  legally  in- 
curred by  said  board  under  the  provisions  of  this  chap- 
ter, shall  be  payable  out  of  the  general  fund  of  the  treasury 


m  MUNICIPAL  CORPORATIONS.  Act  2348,  §  1ft 

of  such  city,  or  city  and  county;  and  the  auditor  of  such 
city,  or  city  and  county,  is  hereby  directed  to  audit  all  such 
demands,  and  the  treasurer  of  such  city,  or  city  and 
county,  is  hereby  directed  to  pay  the  same  out  of  said 
general  fund.  The  said  board  of  health  shall,  annually, 
upon  the  third  Monday  of  April  of  each  year,  transmit,  in 
writing,  to  the  municipal  council  of  such  city,  or  city 
and  county,  an  estimate  of  the  amount  of  money  necessary 
to  defray  all  of  the  expenditures  of  said  board  of  health 
for  the  next  fiscal  year;  and  the  board  of  health  shall  not 
expend,  in  any  one  fiscal  year;  an  amount  exceeding  the 
amount  of  such  estimate  so  transmitted  by  said  board  of 
health  for  such  fiscal  year,  allowed  upon  such  estimate 
by  the  municipal  council,  except  in  case  of  an  epidemic  of 
any  contagious  disease,  when  such  board  of  health  is  here- 
by authorized  to  increase  such  expense  as  may  be  deemed 
necessary  for  the  public  safety;  and  all  such  expenses 
shall  be  payable  out  of  the  general  fund  of  such  city,  or 
city  and  county,  at  the  same  time  and  in  the  same  manner 
provided  for  other  expenses  of  said  board.  Nothing  in  this 
act  shall  be  construed  to  authorize  said  board  of  health  to 
contract  for  or  purchase  supplies  for  any  of  the  charitable 
institutions  placed  under  its  control  by  this  chapter.  All 
contracts  for  any  of  the  work  authorized  by  this  chapter 
to  be  caused  to  be  performed  by  said  board  of  health  shall 
be  awarded  by  said  board  to  the  lowest  responsible  bidder, 
after  notice,  for  not  less  than  five  days,  in  two  daily  news- 
papers published  in  such  city,  or  city  and  county,  under 
such  regulations  and  requirements  as  said  board  of  health 
may   adopt. 

Eestrictions  on  officers. 

Sec.  172.  It  shall  not  be  lawful  for  any  superintendent, 
or  other  principal  officer  in  charge  of  any  alms-house  in 
such  city,  or  city  and  county,  to  have  or  receive  any  per- 
quisites, or  to  derive  any  income  or  revenue  therefrom, 
either  directly  or  indirectly,  other  than  the  salary  allowed 
to  him  by  the  board  of' health;  nor  shall  it  be  allowable 
tor  any  subordinate  officer  or  employee  to  have  or  receive 
any  perquisites,  either  directly  or  indirectly;  and  it  shall 
be  the  duty  of  the  board  of  health  to  remove  any  such  su- 
perintendent, or  other  principal  officer,  or  any  subordinate 
officer  or  employee  who  violates  any  provision  of  this 
section.  All  fees  authorized  by  any  of  the  provisions  of 
Gen.  LawB — 47 


a  .  §5  1V3-17."     Ml'  "KrORATIONS.  W8 

this  chapter,  to  be  collected  by  any  offices  or  employee 
of  tin  board  of  health,  shall  be  immediately  paid  by  such 
officer  or  seen  tary  of  said  board  of  health, 

Vrho  shall,  upon  the  first  Mondav  tft  Bach  month,  pay  the 
pari),  into  the  treasury  of  such  city,  or  city  and  county,  to 
be  cr<  dited  to  the  proper  fund. 

rt   of  shi ;  f  contagious  diseases. 

Bee.    173.     Bhipmastcrs   bi  •    into    the   harbor 

of  any   such   City,   i  :nty,   and    all    masters,  own- 

or    consign)  es    ha  i  Is    in    Buch    harbor,    which 

have   on    board    any   en  pa,    small  BOX,   yel- 

low.  typhus,  ship  feTer,  or  any  other  contagious  disease,  must 
report  the  same,  in  writing,  to  the  quarantine  officer  before 
land'  oraing  to   any 

wharf,  or   as  ereafter   as   they,   or   either   of   them, 

■  me  aware  of  the  existence  of  either  of  these  diseases  on 
b  ard  of  their 

Restrictions   on    shipmasters,   etc. 

174.     No  captain  or  other  officer  in  command  of  any 
tiling  mi'li  r  a  register,  arriving  at  the  port  of  any 

such    city,    or    city    and    Bounty,    nor    any    own.  r.    consignee, 

agent,  or  other  person  having  charge  of  such  reauoi,  must, 
l.n.hr  a   penalty  of  nol   leas  than  one   hundred   dollars  nor 

more  than  on.    thousand  dollars,  land,  or  permit   to  bi   landed, 

freight,  passengers,  or  other  persons  from  such   vest 
until  he  has  reported  to  the  quarantine  officer,  presented  his 

bill    of    health,    and    received    a    permit    from    that    officer    to 

land  freight,  rs,  and  other  persona. 

Duty  of  pilot. 

ry  pilot  who  conducts  into  the  port  of  any 
such  city,  or  city  and  county,  any  v.  vd  subject  to  quar- 
antine, or  examination  by  the  quarantine  officer,  must: 

1.  Bring  I  he  \  i  aael  no  nearer  Buck  city,  or  city  and  county, 

than    is    allowed    by    law; 

2.  Prevent  any  pi  rson  from  leaving  BUCh  v.  ssi'l,  and  any 
communication   being   made   with  the   vessel  under  his  charge, 

until  the  quaranti  i    has  boarded  her  and  gives  the 

jary    orders    and     directions; 

::.  Bi  'vigilant  in  preventing  any  violation  of  the  ejuar 
nntine  laws,  and  report,  without  .blay,  all  such  violations 
that  come   to   his  knowledge,  to   the   quarantine  officer; 


T»  MUNICIPAL  CORPORATIONS.    Act  2348,  §  $  176-178 

4.  Present  the  master  of  the  vessel  with  a  printed  copy 
of  the  quarantine  laws,  unless  he  has  one; 

5.  If  the  vessel  is  subject  to  quarantine,  by  reason  of  in- 
fection, place  at  the  masthead  a  small  yellow  flag. 

Duty  of  master  of  vessel. 

Sec.  176.  Every  masteT  of  a  vessel  subject  to  quaran- 
tine, or  visitation  by  the  quarantine  officer,  arriving  in  the 
port  of  any  such  city,  or  city  and  county,  who  refuses  or 
neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place 
assigned  for  quarantine,  when  legally  directed  so  to  do; 
or, 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the 
quarantine,  officers,  their  inspection,  examination,  and  di- 
rection, and  furnish  all  necessary  information  to  enable  that 
officer  to  determine  to  what  quarantine  or  other  regulations 
they   might   respectively  be   subject,   or, 

3.  To  report  all  cases  of  disease  and  of  death  occurring 
on  his  vessel,  and  to  comply  with  all  the  sanitary  regu- 
lations  of  such  port  or   harbor; 

Is  liable  in  the  sum  of  five  hundred  dollars  for  every 
such  neglect  or  refusal. 

Master  of  infected  vessel  must  report. 

Sec.  177.  All  vessels  arriving  off  the  port  of  any  such 
city,  or  city  and  county,  from  ports  which  have  been  legally 
declared  infected  ports,  and  all  vessels  arriving  from  ports 
where  there  is  prevailing,  at  the  time  of  their  departure, 
any  contagious,  infectious,  or  pestilential  diseases,  or  ves- 
sels with  decaying  cargoes,  or  which  have  usually  foul  or 
offensive  holds,  are  subject  to  quarantine,  and  must  be  by 
the  master,  owner,  pilot,  or  consignee  reported  to  the  quar- 
antine officer  without  delay.  No  such  vessel  must  pass 
within  the  bounds  prohibited  them  by  the  board  of  health, 
until  the  quarantine  officer  has  boarded  her  and  given  the 
order   required  by   law. 

Duty  of  quarantine  officer. 

Sec.  178.  The  quarantine  officer  must  board  every 
vessel  subject  to  quarantine  or  visitation  by  him,  imme- 
diately on  her  arrival,  make  such  examinations  and  inspec- 
tion of  vessels,  books,  papers,  or  cargo,  or  of  persons  on 
board,   under   oath,   as  he   may  judge   expedient,   and   deter- 


msino-ts;     Mi-M'  irv!  \tioks.  m* 

mine    whetln-r  Ml    ll  "ul.l    be    SSMBBSed    tn    qnar-antim-. 

.md    if    so,    tin-    p. Tin. 1    of    ipiaraut inc. 

\fasd  rs    (if    certain    vessels    not    to    permit    landing    until    he 
n  it. 

Sec.    17'  iptain,   or   other   sftteer,   in    command 

any    pnonrn^rr  cnrrjing    resae]    .it    mace    than    one    1 1 \ i n <  1  r ■  •  i 
,-in.l  fifty  toni   harden,  nor  of  anj    vassal  of-  stars  than 
hundred  and   fifty   tona   burden   having  ■■■    bosard, 

nor   any    •  ■  •  ■  r,    agent,    nr   othi  -    having 

eharge    "f   such    vessel    or  under   l 

■if   nut    li  ss   than   one   hundred   dollars   nor   more   than   one 

thousand    dollar-,    land,    nr    permit    to    1"     landed,    any    pat 
kr,r    from     tin  ntil     he     lias  hi-     hill     of 

health    to    th«-    quarantine    off!.-,  r    and     received     a    permit 

.    that    offi.-rr    to    land    such  in    inch 

a1*   tin-   quarantine  officer  deems,  it   safe   to   give   th< 

p.rmit   1  Dg   tin-   bill   of  health. 

Fee*. 

-  t.     The    folli.-.-.  -hall    In    .  ly    the 

_  ring  I  permit  to  land  freight  or  pas- 
gem,   or   both:    I  Bailing    vessel    of    l>-.ss    than    five 
hundred  tons  harden,   from  any   port    out    of   this  state,   two 
dollars  and  fifty  cents;   five  hundred  and 
toni  burden,   fire  dollars;   each  additional  one  thousand   tona 

a,  nr  lrii-timi  thereof,  an    additional    two    dollars 
lift-  lu  Btnam-vessels,   propelled   a   whole  or  in    ■ 

by  si'Hin,  nf  eae  thousand  t'1"-   burden  oi  e  deuars, 

;iiul    two   dattson   and   fifty   eenta   addisioi  ash   add! 

tioual    On*    thmisainl    tons    bimli-n    or    fraiMimi  But 

ropelled   in  whole  or  in   part   by  strain. 
and  from  any  port  »r  |  -  of  the  (Jsrited 

territories,   ami    whalii._  Rag    the    harbor 

of  any  such  city  ami  county.  .  -i « •>  i    from   the  pro\i- 

this  section. 

Duty  of  board  of  health. 

Bee.    181.     The    board    of   ln-alth    may    enforce   oompuk 
\acciuatiou  on   passengers   of    |on]    vnsionvinfeitec]   shijis,   or 
coming   from   ports    infected    with    the   same. 

Same. 

Sec  182.     The  board  of  health  shall  establish  quarantine 
grounds  at  such  points  ami  places  as  in  its  judgment  saaj 


741  MUNICIPAL    CORPORATIONS.     Act  2348,  §  j  183-185 

conduce  to  public  safety;  may  provide  suitable  hospitals  when- 
ever the  same  are  required  for  the  public  safety,  and  furnish 
and  supply  the  same  with  nurses  and  attaches,  and  remove 
thereto  all  persons  afflicted  with  cholera,  small-pox,  yellow, 
typhus,  ship  fever,  or  other  contagious  diseases;  provide,  said 
quarantine  grounds  and  hospitals  shall  not  be  established 
within  one  mile  of  the  mainland  on  the  north  side  of  the  bay 
of   San    Francisco. 

Duty  of  board   of  health. 

Sec.  183.  The  board  of  health  must  cause  to  be  kept  a 
record  of  all  births,  death,  and  interments  occurring  in 
such  city,  or  city  and  county,  coming  under  the  provisions  of 
this  chapter.  Such  records,  when  filed,  must  be  deposited  in 
the  office  of  the  city,  or  city  and  county,  recorder,  and  pro- 
duced when  required  for  public  inspection. 

Duty  of  physicians  and  midwives. 

Sec.  184.  Physicians  and  midwives  must,  on  or  before  the 
fourth  day  of  each  month,  make  a  return  to  the  health-officer 
of  all  births,  deaths,  and  the  number  of  stillborn  children 
occurring  in  their  practice  during  the  preceding  month,  in 
the  absence  of  such  attendants,  the  parents  must  make  such 
report  within  thirty  days  after  the  birth  of  the  child.  Such 
returns  must  be  made  in  accordance  with  rules  adopted  by, 
and  upon  blanks  furnished  by,  the  board  of  health. 

Human  bodies  not  to  be  buried  without  permit. 

Sec.  185.  No  person  shall  deposit  in  any  cemetery,  or 
inter  in  any  such  city,  or  city  and  county,  any  human  body, 
without  first  having  obtained  and  filed  with  the  health-officer 
a  certificate,  signed  by  a  physician  or  midwife,  or  coroner, 
setting  forth  as  near  as  possible  the  name,  age,  eolor,  sex, 
place  of  birth,  occupation,  date,  locality,  and  the  cause  of 
death  of  deceased,  and  obtain  from  such  health  officer  a  per- 
mit. The  physicians,  when  death  occurs  in  their  practice, 
must  give  the  certificate  herein  mentioned.  It  shall  be  the 
duty  of  the  said  board  of  health  to  see  that  the  dead  body  oi' 
a  human  being  is  not  allowed  to  remain  in  any  public  receiv- 
ing vault  for  a  longer  period  than  five  days.  At  the  expira- 
tion of  that  time  it  shall  cause  the  body  to  be  buried,  or  to  be 
placed  in  a  vault  or  niche,  constituted  of  brick,  stone,  or 
iron,  and  hermetically  sealed.  It  shall  also  be  the  duty  of 
said  boards  to  require  all  persons  having  in  charge  the  digging 
of  graves,  and   the  burial  of  the  dead,  to  see  that  the  body  of 


74J 

no  I:  yean  of  i  ge  shall  be 

interred    in  a    grav.  ;.,    or    if   under   the 

the  grave  to  be  not  less  than  five  foot  'loop. 
rd  of  health  shall   have  eni  i  of  all  o 

"g  to  such  city  nd  Bounty,  and  may  era- 

ploy  a   superintendent  thereof,  at    a    salary    not    to 

•   to  be  paid  out  of  the 
•  f  tho  other  employees  are  paid. 

1'uty  of  roperintendent  of  cemeteries. 

erintendenta  of  all  semeteriei  in    any    such 
••ity,  ••r  eity  and  county,  must  return  to  the  bealth-offieor.  on 

es  of   all   porsons   interred   or   depo- 
within  their  rei  -  during  the  preceding  week, 

ami  no  superintendent  of  a  cemetery,    or  any  other  person,  can 
rem-  -   t,i  be  disinterred,  any 

hum.'  -  remains  that  have  been  deposited  in  a  oeme- 

t<  rv,  .  ni.it   tin  r«  for  from  tho  health-officer,  or  by 

i-rd-  r    el     :  t  'to  r. 

Human   body    not    to  be  disinterred   without   permit. 

Sec.    1^7.      It  shall   l>e  unlawful   to  disinter  or  exhume  from 
a    grave,   vault,   or   other    burial-place    within    the    limits    of 
..  or  citj  and  county,  the  body  or  remains  of  any  dc- 
pi  nnit    for   so   doing   shall    have   first 
been  obtained  h  offleer  of  such  city,  or  city  ami 

county.      Nor  shall  any   body   or  remains  disinterred,  exhui 
or   taken    from  any   grave,   vault,  or  other  place  of  burial   or 
isported  in  or  through  the  streets  or  highways 
of  any  sueh  city,  or  eity  and  county,  unless  the  person  or   m  r- 
sons    :  n       tins  shall  first 

obtain   from   the    h<  r   a   permit,  in  writing,  therefor, 

I '.ut  when  an  applicant  for  a  permit  to  disinter 
to  remove  said  body  beyond  the  limits  of 
such  city,  or  city  and  county,  and  shall  so  state  on  making 
application,  the  permit,  if  the  same  be  issued,  shall  include 
the  righl  to  disinb  r  and  remove,  and  said  permit  shall  ac- 
company  the  remains. 

Discretion   of    health  -offii 

.  188.  Permits  to  disinter  or  exhume  the  bodies  or  re- 
mains of  r  ms  and  to  transport  the  same,  or  to 
exhume,  or  to  transport,  as  in  tie  provided,  may 
be  grautcd,    in    tuu   discretion    of   the   health-officer,  and   under 


743  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  1S9-192 

such  restrictions  and  conditions  only  as  he,  in  his  judgment, 
may  affix,  so  as  in  the  best  possible  manner  to  protect  the 
public  health.  The  health-officer  shall  prepare  a  book  of 
blank  permits  in  proper  form,  and  consecutively  numbered, 
containing  stubs,  on  which,  as  well  as  in  the  permit,  shall  be 
entered  a  record  of  the  transaction,  giving  the  name,  age,  sex, 
nativity,  date  'of  death,  destination  of  remains  sought  to  be 
removed,  and  upon  granting  each  permit  shall  be  required  to 
be  paid  to  him  the  sum  of  ten  dollars  therefor,  for  the  use 
and  benefit  of  the  general  fund  of  such  city,  or  city  and 
county. 

Penalty  of  disinterring  without  permit. 

Sec.  189.  Any  person  or  persons  who  shall  disinter,  ex- 
hume, or  remove,  or  cause  to  be  disinterred,  exhumed,  or  re- 
moved, from  a  grave,  vault,  or  other  receptable  or  burial- 
place,  the  remains  of  a  deceased  person,  without  a  permit 
therefor,  shall  be  guilty  of  a  misdemeanor,  and  be  punished 
by  fine  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 

Penalty  for  transporting  body  without  permit. 

Sec.  190.  Any  person  or  persons  who  shall  transport,  or 
cause  to  be  transported,  on  or  through  the  streets  or  high- 
ways of  any  such  city,  or  city  and  county,  the  body  or  re- 
mains of  a  deceased  person  which  has  been  disinterred  or 
exhumed  without  a  permit  therefor,  in  accordance  with  this 
chapter,  shall  be  guilty  of  a  misdemeanor,  and  be  punished  as 
provided  in  the  preceding  section. 

Exception. 

Sec.  191.  Nothing  in  this  chapter  contained  shall  be  taken 
to  apply  to  the  removal  of  the  remains  of  the  deceased  per- 
son from  one  place  of  interment  to  another  place  of  inter- 
ment, or  cemetery,  within  this  state. 

Penalties. 

Sec.  192.  No  person,  master,  captain,  or  conductor  in 
charge  of  any  boat,  vessel,  or  railroad  car,  or  public  or  priv- 
ate conveyance,  shall  receive  for  transportation,  or  shall  trans- 
port, the  body  of  any  person  who  has  died  within  the  limits 
of  such  city,  or  city  and  county,  without  said  body  is  accom- 


Act  SMS.  !  }  VK.  1M    MUNICIPAL    CORPORATIONS.  M4 

panied  by  a  permit  for  such  transportation  from  the  health- 
officer,  which  permit  shall  accompany  the  body  to  its  destina- 
tion; and  no  person,  master,  captain,  or  conductor,  as  afore- 
said, shall  bring  into  or  transport  through  any  such  city,  or 
city  and  county,  the  dead  body  or  remains  of  any  person  un- 
less it  be  accompanied  with  a  certificate  from  some  proper 
authority  of  the  place  from  whence  it  came,  stating  the  name, 
age,  sex,  and  cause  of  death,  which  certificate  shall  be  filed  at 
tin1  health-office;  provided,  that  in  no  case  shall  the  body  of 
any  person  who  died  of  contagious  disease  be  brought  to 
such  city,  or  city  and  county,  within  one  year  after  the  day 
of  drath. 

Nuisances,   how   abated. 

See.  193.  Whenever  a  nuisance  shall  exist  on  the  prop- 
erty of  any  non-resident,  or  any  property  the  owner  or 
owners  of  which  cannot  be  found  by  either  health  inspec- 
tor, after  diligent  search,  or  on  the  property  of  any  owner 
or  owners  upon  whom  due  notice  may  '  ve  been  served, 
and  who  shall  for  three  days  refuse  or  negleet  to  abate 
the  same,  or  any  property  belonging  to  such  city,  or  city 
and  county,  it  shall  be  the  duty  of  the  board  of  health  to 
cause  the  said  nuisance  to  be  at  once  removed  or  abated, 
and  to  draw  upon  the  general  fund  in  such  sums  as  may 
be  required  for  such  removal  or  abatement,  not  to  exceed 
two  hundred  dollars;  provided,  that  win  never  n  larger 
expenditure  is  found  mctssary  to  be  made  in  the  removal 
or  suppression  of  any  nuisance,  the  municipal  council  of 
such  city,  or  city  and  county,  shall,  upon  the  written  ap- 
plication   of    the    board   of    health,    by   ordinance,    appropriate, 

allow,  and  order  paid,  out  of  the  general  fund,  such  sum 
or  sums  as  may  be  necessary  for  that  purjwse;  provided 
further,  that  in  all  cases  where  such  expenditure  will  ex 
ceed  five  hundred  dollars,  no  appropriation  shall  be  made 
for  that  purpose  unless  the  city,  or  city  and  county,  attor- 
ney shall  first  give  his  opinion  in  writing  that  such  expen- 
diture would  be  a  legal  charge  against  the  property 
affected  thereby.  And  the  auditor  shall  audit  and  the 
treasurer  shall  pay  all  appropriation*  of  money  made  in 
pursuance  of  this  section,  in  the  satin  manner  as  is  now 
provided  by  law  for  auditing  and  paying  demands  upon 
the  treasury. 

Fee-book  open  to  public  inspection. 

Sec.  194.  The  health-oflicer  and  the  quarantine  officer 
must  each   keep  ■   book   open    to   public   inspection,  in  which 


745  MUNICIPAL    CORPORATIONS.       Act  234S,  §§  196-200 

must  be  entered  daily  all  fees  collected  by  them,  and  they 
must  pay  all  fees  collected  to  such  city,  or  city  and  county, 
treasurer,  daily,  to   the  credit  of  the  general  fund. 

Bond  of  health-officer. 

Sec.  195.  The  health-officer  must  execute  an  official 
bond,  with  two  sureties,  to  be  approved  by  the  board  of 
health,  in  the  sum  of  ten  thousand  dollars;  and  th«  quar- 
antine officer  must  execute  a  like  official  bond,  with  two 
sureties,  in  the  sum  of  ten  thousand  dollars;  which  bonds 
shall  be  filed  with  the  auditor  of  such  city,  or  city  and 
county. 

Who   may  administer  oaths. 

Sec.  196.  Any  member  of  the  board  of  health,  the  health- 
officer,  and  the  quarantine  officer,  and  the  secretary  of 
the  board  of  health,  is  hereby  authorized  to  administer 
oaths  on  business  connected    with  the  health  department. 

Suits,  where  maintained. 

Sec.  197.  Whenever  sny  cause  of  action  arises  under 
any  of  the  provisions  of  this  chapter  relating  to  the  health 
department,  suit  may  be  maintained  thereon  in  the  name 
of  the  health  or  quarantine  officer,  as  the  case  may  be,  in 
any  superior  court  or  justice's  court  of  this  state. 

Duty  of  physicians  in  certain  eases. 

Sec.  198.  Every  physician  in  any  such  city,  or  city  and 
county,  shall  report  to  the  health-officer,  in  writing,  every 
patient  he  shall  have  laboring  under  Asiatic  cholera,  vari- 
ola, diphtheria,  scarlatina,  or  other  contagious  diseases,  im- 
mediately thereafter,  and  report  to  the  same  officer  every 
case  of  death  from  such  disease. 

Duty   of  householders   in   certain  cases. 

Sec.  199.  Every  householder  in  any  such  city,  or  city 
and  county,  shall  forthwith  report,  in  writing,  to  the  health- 
officer  the  name  of  every  person  boarding,  or  an  inmate 
of  his  or  her  house,  whom  he  or  she  shall  have  reason  to 
believe  sick'  of  cholera,  or  small-pox,  and  any  deaths  oc- 
curring at  his  or  her  house  from  such  disease. 

Park  commissioners,  how  appointed  and  their  duties. 

Sec.  200.  There  shall  be  a  board  of  park  commissioners 
of   such   city,   or   city   and   county,   consisting   of   three   per- 


Act  2348.  5  201  Xirxii'lPAL   CORPORATIONS.  746 

sons,  to  be  appointed  by  the  governor  of  this  state,  who 
shall  hold  their  office  f<>r  four  years,  and  who  shall  receive 
no  compensation  for  fch<  h  bi  rviees.  In  case  of  a  vacancy, 
the  same  shall  be  filled  by  the  remaining  members  of  the 
board  for  the  residue  of  the  term  then  vacant;  and  all 
vacancies  occasioned  by  expiration  of  terms  of  office,  or 
neglect,  or  incapacity,  shall  be  filled  by  the  governor  afore- 
said. Each  of  said  commissioners  shall  be  a  freeholder  and 
resident  of  such  city,  or  city  and  county.  Said  board 
shall  have  full  and  i  xclnsive  control  ami  management  of 
all  the  parks  of  such  city,  or  city  and  county,  which  at 
the  time  of  the  organization  of  such  city,  or  city  and 
county)  under  this  act,  were  treated  and  improved  as  pub- 
lic parks,  with  the  avenues  ;uid  great  highways  connected 
therewith.  Two  of  said  commissioners  shall  constitute 
a  quorum  to  do  business,  but  no  money  shall  be  expended 
or  contract  entered  into  authorizing  the  expenditure  of 
money  without  the  approval  of  the  mayor  and  a  majority 
of  said  board  of  park  commissioners. 

Powers. 

Sec.  201.  Said  board  shall  have  power  to  govern,  man- 
age, and  direct  said  parks  and  avenues  leading  thereto 
ive  heretofore  been  operated  or  managed  in  connec- 
tion therewith;  to  lay  out,  regulate,  and  improve  such 
parks  and  avenues;  to  pass  ordinances  for  the  regulation 
and  government  of  the  same;  to  appoint  one  general  super- 
intendent, who  shall  perform  the  duties  of  overseer  and 
managing  gardener,  who  shall  receive  a  salary  of  two 
thousand  tour  hundred  dollars  per  annum.  The  city, 
or  city  and  county,  surveyor  shall  be  ex-officio  engineer 
of  the  works,  and  shall  perform  such  engineering  work 
as  the  commissioners  may  requite  of  him.  Prisoners  over 
the  age  of  twenty-one  years,  sentenced  to  hard  labor  in  any 
of  the  jails,  prisons,  houses  of  correction,  work-houses,  or 
other  penal  establishments  of  such  city,  or  city  and  county, 
may  be  put  to  work  upon  the  parks.  The  commissioners 
may  employ  such  other  laborers  as  shall  be  necessary; 
within  the  amount  allowed  by  law  to  be  expended  on  said 
parks,  at  wages  no!  to  exceed  the  current  wages  paid  in 
such  city,  or  city  and  county,  for  labor.  They  shall  in  no 
year  incur  any  debt  or  deficit,  nor  expend  any  money  be- 
yond the  amount  realized  by  the  tax  herein  provided  for. 
All  persons  violating  any  of  the  ordinances  of  the  com- 
missioners regulating  the  parks  shall  be  deemed  guilty 
of  misdemeanor,  and  punished  accordingly. 


747  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  202-204 

Taxes  for  park  improvement,  how  levied. 

Sec.  202.  The  municipal  council  shall  have  the  power 
to  levy  and  collect,  in  the  mode  prescribed  by  law  for  the 
levy  and  collection  of  taxes,  each  year,  upon  all  prop- 
erty in  such  city,  or  city  and  county,  the  sum  of  one  and 
one-half  cents  upon  each  one  hundred  dollars  valuation  of 
taxable  property  therein,  for  the  purpose  of  preserving  and 
improving  the  parks  and  avenues  under  control  and  man- 
agement of  said  commissioners.  Said  money  shall  be  paid 
into  the  treasury,  and  paid  out  for  said  purpose;  all 
claims  to  be  first  allowed  by  said  commissioners  and  au- 
dited by  the  auditor.  The  jurisdiction  of  the  park  com- 
missioners shall  not  extend  to  unimproved  parks,  nor 
squares  and  places  not  hitherto  treated  as  parks,  unless 
extended  thereto  by  an  ordinance  of  the  municipal  council. 
The  commissioners  may  lease,  for  terms  not  to  exceed 
three  years,  any  portion  of  said  grounds  not  immediately 
required  for  improvement,  the  proceeds  to  go  to  the  im- 
provement of  the  parks  and  avenues. 

Eeports  of  park  commissioners. 

Sec.  203.  The  park  commissioners  shall  make  semi- 
annual reports  to  the  mayor  and  municipal  council  of  all 
their  proceedings,  and  a  detailed  statement  of  all  the  re- 
ceipts and  expenditures. 

Duties    of    mayor    and    other    officers    in    reference    to    con- 
tracts. 

Sec.  204.  The  mayor  shall  see  that  all  contracts  and 
agreements  with  the  city  are  faithfully  kept  and  per- 
formed, and  to  this  end  he  shall  cause  legal  proceedings  to 
be  instituted  anel  prosecuted  against  all  persons  or  cor- 
porations failing  to  fulfill  their  agreements.  And  it  is 
the  duty  of  any  and  every  city,  or  city  and  county,  officer, 
when  it  shall  come  to  his  knowledge  that  any  contract  with 
such  city,  or  city  and  county,  relating  to  the  business  of 
any  office  whatever,  has  been  or  is  about  to  be  violated 
by  the  other  contracting  party,  forthwith  to  report  the  fact 
to  the  mayor.  A  failure  to  do  so  shall  be  a  sufficient  cause 
for  the  removal  'of  any  officer  of  any  department.  The 
mayor  shall  give  a  certificate,  on  elemand,  to  any  officer 
giving  such  information  that  he  has  done  so,  which  cer- 
tificate shall  be  evidence  in  exoneration  from  a  charge 
of  neglect  of  such  duty.  The  city,  or  city  and  county,  at- 
torney shall  prosecute  ali  suits  so  ordered  by  the  mayor. 


\  cm  ?:<<;,§  j  213.  214   Mi'Nir-irAi.  ronron.\Tioxs.  T« 

Article    V. — Judicial    Department. 
Number  and  jurisdiction  of  justices. 

8ec.  213.  There  shall  he  in  and  for  such  city,  or  city 
:'.n<l  county,  one  justices'  court,  composed  of  six  justices 
of  the  peace,  which  shall  have  the  powers  and  jurisdic- 
tion prescribed  and  conferred  by  law  upon  justices  of  the 
peace  and  justices'  courts,  in  such  city,  or  city  and  county. 
All    actions,    suits,    and    pro,  whereof   justices   of    the 

'    and  joel  rts   in  such   city,  or  city  and  county, 

hav.-  jurisdiction,  shall  he  commenced,  entitled  and  prose- 
cuted in  said  court.  Such  court  shall  he  always  open,  non- 
judicial days  excepted,  and  causes  therein  may  be  tried 
before  the  presiding  justice,  b< fore  any  one  of  the  jus- 
tices before  whom  the  original  process  may  be  made  re- 
turnable, or  to  whom  the  cause  may  be  assigned  or  trans- 
ferred   for    trial. 

\'r>  ritMng  justice. 

See.  L'lt.  The  board  of  aldermen  shall  appoint  one  of 
the  justices  of  the  peace  to  be  presiding  justice,  who,  as 
such,  shall  hold  office  until  his  successor  shall  in  the  same 
manner  be  appointed;  and  any  one  of  the  other  justices 
may  attend,  preside  and  act  as  presiding  justice  during 
the  temporary  absence  or  disability  of  the  justice  so  ap- 
ted  The  board  of  aldermen,  within  ten  days  after  its 
organization  as  such  board,  shall  appoint  a  justices'  clerk, 
who  shall  hold  office  flaring  the  pleasure  of  the  appoint- 
ing  power.  The  clerk  shall  take  the  constitutional  oath 
Efiee,  aad  give  bond,  with  at  least  two  sufficient  sure- 
tics,  to  be  apf>raTed  in  the  same  manner  as  the  official 
bond  of  other  ollicers  of  such  city,  or  city  and  county,  in 
the  sum  si  not  less  than  fifteen  thousand  dollars,  | 
able  to  the  city,  or  city  and  county,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office,  and  well  and 
truly  to  account  for  and  pay  into  the  treasury  of  such  city, 
or  city  and  county,  as  r«  quired  by  law,  all  moneys  by  him 
collected  or  received,  and  by  law  designated  for  that  use. 
BT»  or  additional  bond  may  be  required  by  the  munici- 
pal council  whenever  it  deems  it  necessary;  and  on  failure 
to  furnish  such  new  or  additional  bond  within  five  days 
after  it  shall  be  required,  the  office  shall  become  vacant. 
The  justices'  clerk  shall  have  authority  to  administer 
oaths,  and  take  and  certify  affidavits  in  any  action,  suit  or 
proceeding  in  all  courts  in  such  city,  or  city  and  county, 
and  to  appoint  two  deputy  clerks,  for  whose  acts  he  shali 
be    responsible   on   his  official   bond;    the   said   deputy    i  . 


749  liUNICIPAL   CORPORATIONS.    Act  2348,  §§  216,  216 

to  hold  office  during  the  pleasure  of  said  clerk.  Said  depu- 
ty clerks  shall  have  the  same  power  as  the  said  clerk,  ex- 
cept that   of  appointment. 

Offices  for  justices,  and  office  hours. 

Sec.  215.  The  municipal  council  of  such  city,  or  city  and 
county,  shall  provide,  in  some  convenient  locality  in  the 
city,  or  city  and  county,  a  suitable  office,  or  suite  of  offices, 
for  said  presiding  justice,  justices'  clerk,  deputy  clerk,  and 
deputy  sheriff,  and  offices  suitable  for  holding  sessions  of 
said  court,  and  separate  from  one  another,  for  each  of 
said  justices  of  the  peace,  together  with  attendants,  fur- 
niture, fuel,  lights  and  stationery,  sufficient  for  the  trans- 
action of  business;  and  if  they  are  not  provided,  the  court 
may  direct  the  sheriff  to  provide  the  same,  and  the  ex- 
penses incurred,  certified  by  the  justices  to  be  correct, 
shall  be  a  charge  against  the  city,  or  city  and  county, 
treasury  and  paid  out  of  the  general  fund  thereof.  The 
said  justices,  justices'  clerk  and  deputy  elerk,  shall  be  in 
attendance  at  their  respective  offices  for  the  dispatch  of 
official  business  daily,  from  the  hour  of  nine  o  'clock  A.  M. 
until   five  o  'clock  P.   M. 

Legal  process,  how  issued. 

Sec.  216.  All  legal  process  of  every  kind  in  actions,  suits 
or  proceedings  in  said  justices'  court,  for  the  issue  of  ser- 
vice of  which  any  fee  is  or  may  be  allowed  by  law,  shall 
be  issued  by  the  said  justices'  clerk,  upon  the  order  of  the 
presiding  justice,  or  upon  the  order  of  one  of  the  justices 
of  the  peace,  acting  as  presiding  justice,  as  in  this  chapter 
provided;  and. the  fees  for  issuance  and  service  of  all  such 
process,  and  all  other  fees  which  are  allowed  by  law  for 
any  official  services  of  justices,  justices'  clerk,  or  sheriff, 
shall  be  exacted  and  paid  in  advance  into  the  hands  of 
said  clerk,  and  be  by  him  daily,  weekly  or  monthly,  as 
the  municipal  council  may  require,  and  before  his  salary 
shall  be  allowed,  accounted  for  in  detail,  under  oath,  and 
.  paid  into  the  treasury  of  such  city,  or  city  and  county, 
as  part  of  the  special  fee  fund  thereof;  provided,  that  such 
payment  in  advance  shall  not  be  exacted  from  parties  who 
may  prove,  to  the  satisfaction  of  the  presiding  justice,  that 
they  have  good  cause  of  action,  and  that  they  are  not  of 
sufficient  pecuniary  ability  to  pay  the  legal  fees;  and  no 
judgment  shall  be  rendered  in  any  action  before  said  jus- 
tices'   court,    or    any    of    said    justices,    until    the    fees    al- 


Act  2348,  §§  217,  21S     Ml  IORPORATK  7» 

lowed  therefor,  and  all  foes  for  previous  services  therein, 
which  an  destined  bo  be  paid  into  the  treasury,  shall 
have  been  paid,  except  in  cases  of  poor  persons,  as  herein- 
before provided. 

Sheriff   and    deputies  for  justices'   courts. 

Bee,    217.     The    sli»  ri IT    of    such    city    and    county    shall    be 
ficio  an  offlet  r  ol  Baid  court,  and  it  shall  be  his  duty 
to  serve  or  <  to  be  «  rved   and   executed, 

and  erery  process,  writ,  or  order  that  may  be  issued 
by  said  justices'  court;  provided,  that  a  summons  issued 
from    said    court     may  I    and    returned    as    provided 

in    section    eight    hundred    and    forty-nine    of    the    Code    of 
Procedure;  and  that  Bubpoi  nas  may  be  issued   by  the 
justices'  (dirk,  and  served  as  provided  in  sections  nineteen 
hundred  and  i  ren  and  nineteen  hundred  and  eighty- 

eight    of    the  '  ivil    Procedure.    The    said    sheriff 

may  appoint,  in  addition  to  the  other  deputies  allowed  by 
law,  three  deputies,  whose  duty  it  shall  be  to  assist  said 
sheriff  in  serving  and  executing  the  process,  writs,  and 
orders  of  the  said  justices'  COUrt.  Said  deputies  Bhall 
ive  a  Balary  of  not  to  exceed  one  hundred  and  twenty- 
five  dollars  per  month  each,  payable  monthly,  out  of 
the   city   and   eounl  ry,   and   ool   of  the  special   fee 

fund,     after     being     first     allowed     and     audit,  d     as    other    de- 
mands   are    by    law    required    to    be    audited    and    allowed. 
of  said   deputies  shall    remain   in   attendance  during  the 
lid    COUrt,    and    at    BUCh    other    times    as    the    said 

court  or  the  presiding  justice  thereof  may  order  and  di- 
rect, for  the  purpose  of  attending  to  BUCh  duties  as  may 
1„.  imposed  on  said  sheriff  or  said  deputies,  as  herein  pro- 
vided or  required  by  law.  The  said  sheriff •  shall  be  liable 
,,„  his  official  bond  for  the  faithful  performance  of  all 
duties  required  of  him  or  any  of  his  said  deputies. 

Style  of  action. 

Bee  218.  All  actions,  suits,  and  proceedings  in  such 
citv.  or  city  and  county,  Whereof  justices  of  the  peace  or 
justices'  eourl  jurisdiction,  except  those  cases  of 
i.t  jurisdiction  that  may  be  commenced  in  some 
other  court,  shall  be  entitled;  "In  the  justices'  court  of 
tlu  rilv  0f  (0r  the  city  and  county  of ),"  (insert- 
in  tr  the  name  of  the  city,  or  city  and  county),  and  com- 
menced  and  prosecuted  in  said  justices'  court,  which  shall 
dways    open.     The    original    process   shall    be    returnable, 


751  MUNICIPAL    CORPORATIONS.  Act  2348,  §  219 

and  the  parties  summoned  required  to  appear,  before  tbe 
presiding  justice,  or.  before  one  of  the  other  justices  of  the 
peace,  to  be  designated  by  the  presiding  justice  at  his 
office;  but  all  complaints,  answers,  and  other  pleadings  and 
papers  required  to  be  filed,  shall  be  filed  and  a  record  of  all 
such  actions,  suits,  and  proceedings  made  and  kept  in  the 
clerk's  office  aforesaid;  and  the  presiding  justice,  and  each 
of  the  other  justices,  shall  have  power,  jurisdiction,  and 
authority  to  hear,  try,  and  determine  any  action,  suit,  or 
proceeding  so  commenced,  and  which  shall  have  been  made 
returnable  before  him,  or  may  be  assigned  or  transferred  to 
him,  or  any  motion,  application,  or  issue  therein  (subject  to 
the  constitutional  right  of  trial  by  jury),  and  to  make  any 
necessary   and   proper  orders   therein. 

In  case  of  disability  of  justice,  case  to  be  tried  before  an- 
other justice. 

Sec.  219.  In  case  of  sickness,  or  disability,  or  absence 
of  a  justice  of  the  peace  (on  the  return  of  a  summons,  or  at 
the  time  appointed  for  trial)  to  whom  a  cause  has  been  as- 
signed, the  presiding  justice  shall  reassign  the  cause  to 
some  other  justice,  who  shall  proceed  with  the  trial  and 
disposition  of  said  cause  in  the  same  manner  as  if  origin- 
ally assigned  to  him;  and  if,  at  any  time  before  the  trial 
of  a  cause  or  matter  returnable  or  pending  before  any  of 
said  justices,  either  party  shall  object  to  having  the  cause 
or  matter  tried  before  said  justice  on  the  ground  that  such 
justice  is  a  material  witness  for  either  party,  or  on  the 
ground  of  the  interest,  prejudice,  or  bias  of  such  justice, 
and  such  objection  be  made  to  appear  in  the  manner  pre- 
scribed by  section  eight  hundred  and  thirty-three  of  the 
Code  of  Civil  Procedure,  the  said  justice  shall  suspend  pro- 
ceedings, and  the  presiding  justice,  on  motion  and  pro- 
duction before  him  of  the  affidavit  and  proofs,  shall  order 
the  transfer  of  the  cause  or  matter  for  trial  before  some 
other  justice,  to  be  designated  by  him.  The  presiding  jus- 
tice may,  in  like  manner,  assign  or  transfer  any  contested 
motion,  application,  or  issue  in  law,  arising  in  any  cause, 
returnable  or  pending  before  him  or  any  other  justice,  to 
some  other  justice,  and  the  said  justice  to  whom  any  cause, 
matter,  motion,  application,  or  issue  shall  be  so  as  afore- 
said assigned  or  transferred,  shall  have  power,  jurisdic- 
tion, and  authority  to  hear,  try,  and  determine  the  same  ac- 
cordingly. 


Act  2348,  §5  220-222        MUNICIPAL    CORPORATIONS.  75J 

Certain  cases  to  be  certified   to   superior  court  by   presiding 
justice,  and  justices'  clerk. 

Bi  C.  8?0.  Cases  which,  by  the  provisions  of  law,  are  re- 
quired to  be  certified  to  the  superior  court,  by  reason  of 
involving  tin  question  of  title  or  possession  of  real  prop- 
erty, or  the  legality  of  any  tax.  impost,  assessment,  to*, 
or  municipal  fine,  shall  be  so  certified  by  the  presiding  jus 
i'    clerk}    and     for   that   purpose,   it'   such 

c|iicsti.ni    shall    arise    on    the    trial    while    thi  9    pending 

before  one  of  the  other  justices,  such  justice  shall  certify 
the  same  to  the  presiding  justice.  All  abstracts  and  tran- 
ts  of  judgments  ami  proceedings  in  said  court,  or  in 
any  of  the  dockets  or  registers  of  or  deposited  in  said 
court,  shall  lie  given  and  certified  from  any  of  such 
dock]  ts   or    n  .  Igoed    by    the    presiding   justice 

and    clerk,    and    shall    have    the    same    force    and    effect    as 
abstracts  and   transcripts  of  justices  of  the  peace  in  other 
Appeals    from    judgments  ..id     court 

shall    be    taken    and    perfected    in    the    manner    prescribed 
by   law.  ami  the   notice  oi    appeal  and   all   papers  required 

.,  filed  to  perfect  it  shall  be  filed  with  the  justices' 
clerk.  Statements  on  appeal  shall  be  settled  by  the  jus- 
win,  tried  the  eanse.  Sureties  on  appeal,  or  on  any 
bond  <>r  undertaking  given  in  any  cause  or  proceeding  in 
said  court,  when  required  to  justify,  may  justify  before 
any  one   of   the  justices. 

Jurisdiction. 

Sec.  221.  The  jurisdiction  of  the  justices'  court  of  such 
city,  or  city  and  coun.1  -   to  the  limits  of  the  city, 

or  city   and   county,   and    its   process   may   be   served   in  any 

part    tl.ei 

Towers    of 

Sec.  222.  The  presiding  justice,  whenever  in  his  judg- 
ment the  prompt  dispatch  of  bu-  ill  demand  it,  may 
require  the  aid  of  one  of  the  justifies  of  the  pi  ace  in  the 
discharge  either  of  his  own  duties  or  those  of  the  justices' 
eh  rk  (the  collection  of  fees,  accounting  for,  and  paying 
the  same  into  the  t  n  B  d  each  of  the  jus- 
tices, when  so  required,  shall,  for  the  purpose,  have  the 
same  power  and  authority  ns  the  presiding  justice  or 
eh  rk  in  whose  aid  he  shall  act;  and  any  one  of  the  jus- 
tices,   when    required    as    aforesaid,    i  as    a    justices' 


753  .        MUNICIPAL    CORPORATIONS.     Acl  224S,  §§  223-H225 

clerk  pro  tempore  during  the  temporary  absence  or  dis- 
ability of  such  clerk,  with  the  same  powers,  duties,  and 
responsibilities. 

"Justices'  Docket." 

Sec.  223.  In  a  suitable  book,  strongly  bound,  the  justices' 
clerk  shall  keep  a  permanent  record  of  all  actions,  pro- 
ceedings, and  judgments  commenced,  had,  or  rendered  in 
said  justices'  court,  which  book  shall  be  a  public  record, 
and  be  known  as  the  "Justices'  Docket,"  in  which  docket 
the  clerk  shall  make  the  same  entries  as  are  provided 
for  in  section  nine  hundred  and  eleven  of  the  Code  of  Civil 
Procedure,  and  which  said  docket  and  entries  therein 
shall  have  the  same  force  and  effect  as  is  provided  by  law 
in  reference  to  dockets  of  justices  of  the  peace.  To  en- 
able the  clerk  to  make  up  such  docket,  each  of  the  justices 
shall  keep  minutes  of  his  proceedings  in  every  cause  re- 
turnable before,  or  assigned  or  transferred  to,  him  for 
trial  or  hearing;  and  upon  judgment,  or  other  disposition 
or  a  cause,  such  justice  shall  immediately  certify  and  re- 
turn the  said  minutes,  together  with  all  pleadings  and 
papers  in  said  cause,  to  the  clerk's  office,  who  shall  im- 
mediately thereupon  file  the  same,  and  make  the  proper 
entries  under  the  title  of  the  action  in  the  docket  aforesaid. 

Procedure. 

Sec.  224.  The  justices'  court  and  the  justices  of  the 
peace  of  every  such  city  and  county  shall  be  governed  in 
their  proceedings  by  the  provisions  of  law  regulating  pro- 
ceedings before  justices  of  the  peace,  so  far  as  such  pro- 
visions are  not  altered  or  modified  in  this  chapter,  and 
the  same  are  or  can  be  made  applicable  in  the  several 
cases  arising  before  them.  The  justices'  court  of  such 
city,  or  city  nd  county,  shall  have  power  to  make  rules, 
not  inconsistent  with  the  constitution  and  laws,  for  the 
government  of  such  justices'  court  and  the  officers  thereof; 
but  such  rules  shall  not  be  in  force  until  thirty  days  after 
their  publication;  and  no  rule  shall  be  made  imposing  any 
tax  or  charge  on  any  legal  proceeding,  or  giving  any  allow- 
ance  to   any  justice   or  officer   for  services. 

New  justices'   court   a   continuation   of   old. 

Sec.    225.     All   actions    and    proceedings    pending   and   un- 
determined before    the  justices'  court  of  such  city,  or  city 
Gen.  Laws — 48 


Aetna,  H  ipal  corporation&  754 

and    county,    if    any.    at    the    timr   of    its    organization    under 

this  act,  sliall   b<    pr cded   in,  beard,  and  determined   be 

f.»r<  •    herein   provided   for,  and  execution  shall  be 

1   thereon,  and  other  proceedings   had   therein,  win tin r 

.•.  hi  t  hi  r  on  appeal  or  othi  rw 

and  •  provided   for  under  this  act   shall  be  deemed 

to  i>.  existing,  an  1 

lint     I  /Tt. 

Prohibition  to  by  just: 

lawful  f..r    any    justice    of    the 

peace,    I                                 ■  r'K-    "r    the  sin riff,    or    any    of    his 

nch  city,  0  ur  or  ad 

■  rney,  counsel, 

i'.>r  any  part  <>r  person  In  any  c  1   in  relation  to  any 

■  r  claim,  pending,  raed  or  prosc- 

oi     tin  in,     ur     whicn 

may   l"    within   tlnir  jurisdiction.     A    violation   of   the   i>p> 

a    misdemeanor    in 

Qualifications  of  attorn 

r   than   an   attorney  at  law,   duly 
tt.  .1  and  to  practice  in  record,  shall 

l,,    ;  ,  ittorni  y  my  party 

in  any  cause  or  pi  J  befort    laid  justices,  or  any  of 

tii.  m.  in  snl    power  of  attorney  ta 

1 1,:|.   ,  icknowli  dg<  'l  l"  foi 

•   suthorized  by  law 

M  hich     pow.  r    of    attor- 

I1(.v,  nr  a   tr  thereof,  duly   certified   l>y  one  of  the 

justices  afon  .  on   inspection  of  thr  original,  shall 

shall    1"     filed    among  the   papers 
in    BUI  '  ding. 

Appoint ni<  nt    of    additional    just  ■ 

228.      If,    at    the    time     of     I  nation     of    ani- 

lity,  under   this   act,   there   shall 
•     pro\  id   d   for 
in   this  chapter,  the  municipal  council   of  such  city,  or  city 
and    county    shall    appoint    a    suitabli  r    persoi 

jUCh      COmpll  mi  nl      and      tin       pi  r^>n     ,.r     pi  rsons     so 

pointed  shall  hold  office  from  his  or  tlnir  appointment,  and 

Ulltil     hifl    "i     tlnir    BUCCeSSOr    or     successors    Is    ,ir    an    '  1<  eti  d 

01   appointed   and   qualified. 


7»  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  229-2S2 

Police  court. 

Sec.  229.  The  judicial  power  of  such  city,  or  city  and 
county,  shall  be  vested  in  a  ''police  court,"  to  be  held 
therein  by  the  police  judges.  The  police  court  shall  nor 
be  a  court  of  record.  Said  court  shall  have  a  seal.  The 
judges  of  said  court  may  hold  as  many  sessions  of  sail 
court  at  the  same  time  as  there  are  judges  thereof.  There 
shall  be  two  departments  of  said  court,  denominated,  re- 
spectively, Department  One  and  Department  Two.  The 
court  may  sit  in  departments,  and  shall  be  always  open  for 
the  transaction  of  business.  There  shall  be,  as  far  as  prac- 
ticable, an  equal  distribution  of  cases  between  the  said 
department,  which  cases  shall  be  alternately  set  down  for 
trial  to  each  department  in  the  order  in  which  the  war- 
rants are  issued  or  proceedings  brought  before  the  court. 
Said  judges  shall,  as  soon  as  may  be  after  the  commence- 
ment of  the  terms  of  their  office,  classify  themselves  by 
lot  for  assignment  to  said  departments,  and  shall  be  there- 
by assigned  accordingly. 

Power   and    jurisdiction    of    police    court. 

Sec.  230.  All  the  power  and  jurisdiction  of  said  court 
shall  be  enjoyed  and  may  be  exercised  in  bank,  or  in  either 
department  thereof.  All  the  powers  of  said  judges  may  be 
exercised   by    either   of    them. 

Same. 

Sec.  231.  The  police  court  of  such  city,  or  city  and 
county,  shall  have  jurisdiction: 

1.  Of  an  action  or  proceeding  for  the  violation  of  any 
ordinance   of   such   city,   or   city   and   county; 

2.  Of  proceedings  respecting  vagrants  and  disorderly  per- 
sons. 

Same. 

Sec.  232.  The  police  court  shall  have  jurisdiction  of  the 
following  public  offenses  committed  in  such  city,  or  city 
and  county: 

•  1.  Petit  larceny;  receiving  stolen  property,  when  the 
amount  involved  does  not  exceed  fifty  dollars; 

2.  Assault  and  battery,  not  charged  to  have  been  com- 
mitted upon  a  public  officer  in  the  discharge  of  his  duties 
or  with  intent  to  kill; 


8.  Brea  -.  committing  will- 

ful injur  aii.l  .'f  all  misdemeanors  punishable 

by   a    fine    no"  lollara,    or    by    im- 

r,    or   by    both    such    fine 
and    imprisonim  nt; 

1 1   jurisdiction  at  i •  r.  •  • 
•  •  p   tin     |  ■.   throughout 

city  an. i  same  pow<  r-<  and  jurisdiction,  in 

ad  pi 

as    arc    now    or    hei  -  ntirnd    by    law    ufi'ii 

poliee  <ir  jus! 

r  to  hold  examinationa 

•  irt   shall    have    DOwl  r    to 

■  •!     may     commit     and     hold 

th>'  offender  to  bail  foi  trial  in  tin.  superior  court,  and  may 

try.  condemn,  it,  and    carry    their    judgtni  nt    into 

itinn,    a« 

,    have    |">.\  er  w  arrant  b 

and  all  other  proi  the  full  and   proper  ex- 

*ion. 

.May  commit  to  home  ot  inebriate* 

Iges   shall   also   hare   power  to 
commit    to    ti  I     inebriate,    when 

any    Bnch    institute   may   bl  I.   any   person    who    may 

be  .I;'.  of  habitual   intemperance,  for  a 

t <  r in  not  exceeding  bis  months,  or  until  sooaer  released  by 
or.hr  of  tin  i    by    tin    board  si   managers  of 

sik-Ii  institution  by  a  two-thirds  vote  of  all  the  moaabern  of 
said  board. 

•nmit   to  industrial  schools. 

I   cmrt   or  judg  B   shall   have   the  power 
.imiiiit    a. i    offenders    duly    convicted,    under    eigi 

tin     industrial    school    of  said   city   an.l 

•  ty,    in    all  ■  ■     commitment    shall     hy 

court   or  judgi    1"    deemed   to   be   more  suitable    than     has 
punishment    otherwise    provided    by    law,    not  1    six 

months.      If,    u|H>n    any    trial,    it    shall    appeal    that    the    per- 
son  OH   trial   is  under  fourteen   years  of  age,  and   beu 
act   -which    if   done   by    a    person   ■>(   full   age   would   warrAnt  a 
conviction    of     the     crime     of     misdemeanor     charged,     then 
and   in   that  case  said  court  or  judges  shall    h  r   -o 


757  MUNICIPAL    CORPORATIONS.     Acts  2348,  §  §  236-233 

commit  such  child  to  the  industrial  school.  In  either  case 
said  court  or  judges  may  sentence  such  person  to  be  con- 
fined in  the  correctional  department  of  said  industrial 
school  for  any  term  not  exceeding  six  months.  Upon  ap- 
plication of  the  mayor,  or  any  member  of  the  supervisors, 
or  of  any  three  citizens,  charging  that  any  child  under  eigh- 
teen years  of  age  lives  an  idle,  or  dissolute  life,  and  that 
his  parents  are  dead,  or,  if  living,  do,  from  drunkenness 
or  other  vices  or  causes,  neglect  to  provide  any  suitable 
employment,  or  exercise  salutary  control  over  such  child, 
the  said  court  or  judges  shall  have  power  to  examine  the 
matter,  and  upon  being  satisfied  of  the  truth  of  such 
charges,  may  sentence  such  child  to  the  industrial  school; 
provided,  that  no  person  shall  be  so  sentenced  for  a 
longer  period  than  until  he  arrive  at  the  age  of  eighteen 
years. 

May  sentence  to  labor  on  public  works,  etc. 

Sec.  236.  In  cases  where,  for  any  offense,  the  said  court 
is  or  judges  are  authorized  to  impose  a  fine,  or  imprison- 
ment in  the  county  jail,  or  both,  it  or  they  may  instead 
sentence  the  offender  to  be  employed  at  labor  on  the  pub- 
lic works,  or  in  the  house  of  correction  or  work-house  as 
the  supervisors  may  prescribe,  for  a  period  of  time  equal 
to  the  term  of  imprisonment  which  might  legally  be  im- 
posed, and  may,  m  case  a  fine  is  imposed,  embrace  as  a 
part  of  the  sentence  that  in  default  of  payment  thereof 
the  offender  shall  be  obliged  to  labor  on  said  works,  at  said 
house  of  correction  or  work-house,  or  elsewhere,  at  the  rate 
oi  one  dollar  a  day,  till  the  fine  imposed  is  satisfied;  pro- 
vided, that  no  person  under  the  age  of  twenty-one  years, 
or  who  is  to  be  sentenced,  on  conviction  for  drunkenness 
or  breach  of  the  peace,  shall  be  sentenced  to  labor  upon  the 
public  works  away  from  the  house  of  correction  or  work- 
house. 

Punishment  of  contempt. 

Sec.  237.  The  said  court  and  judges  may  punish  con- 
tempts in  the  same  manner  and  to  the  same  extent  as  su- 
perior courts,  and  the  laws  concerning  contempts  applicable 
to  superior  courts  shall  be  applicable  to  said  police  court 
and    judges. 

Record  to  be  kept  by  county  clerk. 

Sec.  238.  The  county  clerk  shall  keep  a  record  of  the 
proceedings    of   the    police    court,    issue    all   process    ordered 


/\ct  2348.  }§  239-241    MUNICIPAL    COnPOKATIONS.  "i 

by  said  court,  and  shall  render  to  the  auditor,  monthly, 
-i ri .  1  before  any  amount  can  be  paid  to  him  on  account  of 

his    salary,    an     <  ta  !t     and  'count,    upon    oath,    of 

all    funs    imposed,    and     all    bail    forfeited,    and     moneys    eol- 

■  I  court,  since  his  last  account  ren- 
dered. He  shall  prepare  bonds,  justify  and  accepl  hail, 
win  n   tin-  amount   has   been   fixed   by   the  poll  i,  in 

seeding    one    thousand    dollars,    and    he    shall 

fix,    justify,    and    accept    hail    after    arnsf,    in    the    absence    of 

the  polio*  In  all  eases  not  amounting  to  a  felony,  in 

the    same    manner    and    with    the    lik>  if    the    same 

had  been  fixed  by  the  police  jud^is  or  police  court.  The 
county  elerk  shall  appoint  three  deputy  clerks,  who  shall 
act   as  deputy   clerks  of  said   police  court.     The   cleTk   and 

the    deputy    elerks    in    t  .,    mentioned    shall    have    au- 

thority to  administer  oaths  ami  affirmations,  ami  take  and 
certify  affidavits  in  any  pi  court,  in 

and    f'>r   said    city    and    county,    and    to    is-  nas. 

The    police   judges    and    the    deputy    clerks    shall 

ad    at    tin-    oourtrooi  d    court    for    the    dispatch   of 

business    daily,    from    the    hour    of    nine    o'clock    A.    M.    until 

five    o'clock    i'.    M..    and    during   such    other    reasonable    hours 

as  may  be  accessary  for  the  discharge  of  their  respeotiTi 
iluti< 

Payment   of   lines   by   el<  rh    into    treasury. 

Jin.      The    county   clerk,   as   cleric    of   the   police   court, 

shall  pay  to  the  treasurer  of  said  city  and  county,  imme- 
diately, all  fines  collected  and  bail  forfeit.,),  accompanied 
by  a  verified  written  statement  showing  from  whom  each 
fine  was  collected,  when  collected,  in  what  ease,  Specifying 
the   offense,    and    in    what    amount,    and    in    what    case    and    by 

whom  such  bail   was  forfeited.     He  shall   immediately  upon 

the   forfeiting  of  any   bail   bond   in    the    poll  \   transmit 

to    the    district    attonuy    a   COpy   of   such    bail  bond,   duly 

titied  by   him   under  the  seal  of  that  court  to  be  a  true  i 

Stating    in    such    certificate    the    fact    of   BUCh  forfeiture,    and 

the  date  thereof. 

Justice  of  the   peace    may   pn  -id'    in   police   court. 

Sec.    "J  II.       Any    justice   of    th(     pi  ace    of    the    said    city    and 

county  who  ma\   in   designated,  in  wilting,  by  th<   majror  for 


759  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  242-345 

the  purpose,  shall  have  power  to  preside  in  and  hold  the 
police  court  of  said  city  and  county,  or  any  department 
thereof,  in  the  event  of  the  temporary  absence  of  the  police 
judges,  or  either  of  them,  or  of  their  inability  to  act  from 
any  cause;  and  during  such  temporary  absence  or  dis- 
ability the  justice  so  designated  shall  act  as  police  judge, 
and  shall  have  and  exercise  all  the  powers,  jurisdiction, 
and  authority  which  are  or  may  be  by  law  conferred  upon 
said  court  or  judges. 

Duty  of  assistant   district   attorney. 

Sec.  242.  It  shall  be  the  duty  of  the  assistant  district 
attorneys,  acting  in  the  police  court,  or  either  and  each  of 
them,  whenever  they  shall  have  been  credibly  informed 
that  any  person  criminally  injured  by  another  is  likely  to 
die,  to  take  the  dying  statement  of  such  person,  and  to  im- 
mediately reduce  the  same  to  writing.  It  is  also  hereby 
made  the  duty  of  attending  physicians,  and  others  know- 
ing of  such  cases,  to  report  the  same  immediately  to  such 
assistant   district   attorneys. 

Attorney  before  police  court. 

Sec.  243.  No  person  shall  be  permitted  to  act  as  at- 
torney or  counsel  before  the  police  court  or  the  police  judges, 
unless  he  shall  be  an  attorney  and  counselor  admitted  to 
practice  in  the  supreme  court  of  this  state. 

Bailiffs  for  court. 

Sec.  244.  The  chief  of  police  shall  designate  two  or 
more  policemen,  who  shall  attend  constantly  upon  the  police 
court,  act  as  bailiffs  therein,  and  execute  the  orders  and 
process  of  said  court  and  the  judges  thereof. 

Abolition  of  courts  and  transfer  of  records. 

Sec.  245.  The  police  judge's  court  and  the  police  judge's 
court  number  two  of  said  city  and  county,  and  the  offices 
of  the  judges  thereof,  shall  be  abolished  at  twelve  o  'clock 
noon,  of  the  first  Monday  after  the  first  day  of  January, 
in  the  year  eighteen  hundred  and  eighty-five,  and  at  that 
time  all  records,  registers,  dockets,  books,  papers,  ac- 
tions, warrants,  judgments,  and  proceedings  lodged,  de- 
posited, or  pending  before  the  said  last-mentioned  courts, 
or  the  judges  thereof,  shall  be  by  force  hereof  transferred 
to   said   police   court,   which    police     court     and    the    police 


7W> 

r    nn-1 

I   i  !    been    in    the    first    in- 
•1    in    s:ii.l    poliee    court, 
<>r    I.  ■    l  .  r,.jrl    con- 

tnim 

it    time    ii  ■       r*    . .r    -n ' ■  1    : . 

jii<Il; •  t lie   judg 

citin  r  of  thorn. 

Int'  f 

i   by   the 
superiot 

-     of     tin' 
Spai   bI 
fcufrti  hm.ll 

hundred  doRan 

,m.  which  shall   be   paid   in  tU<  ;tries 

of  otln-r  ■  all   1"'  thr   duty    of 

LH   :ill  tli'  I    for   such   citv 

:v.    when    requ  i  .•     •  -     •  • 

without  further  coi  iriei  above  provided. 

V I. — Edueataoaa]    Department. 

Boar.H  -if  Bdueatiou. 

j  ir.     There   shall    I  - 1   of   education   for  snch 

city,  or  ty,  which  shall   1"'  eompeeed  of  M 

provided    in    tins    ehapter,    who 
shall   hold   office   for  two  '1    until   their  successors  arc 

-i.:'ll  have  the  same  qualifications 
.  l . ■, 1 1 1 _v  r.  •  -  '•(  the  board  of  alder- 

after   the    I 
tion  and  qua!  bees,  by    electing   a    president 

■  I.  and  annually  thereafter, 

shall    hoi  thl»,    ami    at    such    times    as    the 

board  Bhal]  determine     A  majority  of  all  the  members  el. 
si, ail  |uorum  to  transact   bueineaa,  but  a  smaller 

nun!  idjeurn  ft  The  beard  im>   da* 

oi,s     shall     be 
public,  and  its  record  shall  be  open  to  public  inspection. 

Superintendent  of  echo 

re   -hall    be   elected    by    the    qualified 
of  aueh  city  and  Btate  election,  a  sup- 

oflice  on   the   first 


761  MUNICIPAL   CORPORATIONS.  Act  2348.  §  'MS 

day  after  the  first  clay  of  January  next  following  bis  elec 
tion,  and  hold  office  for  the  term  of  four  years,  and  until  Irs 
successor  is  elected  and  qualified.  He  shall  perform  such 
duties  as  are  prescribed  by  law. 

Powers  of  board. 

Sec.   249.     The  board   of  education   shall  have  power: 

Establish  districts. 

1.  To  establish  school  districts,  and  to  fLx  and  alter  the 
boundaries  thereof. 

Maintain  schools. 

2.  To  maintain  public  schools  as  organized  at  the  time  of 
the  organization  of  such  city,  or  city  and  county,  under  this 
act,  and  to  consolidate  and  discontinue  the  same  as  the  pub- 
lic good  may  require. 

Establish  high  schools. 

3.  To  establish  high,  normal,  and  experimental  schools  for 
the  education  of  teachers. 

Employ  and  dismiss  teachers,  etc. 

4.  To  employ  and  pay  and  to  dismiss  teachers,  janitors, 
school-census  marshals,  and  such  mechanics  and  laborers,  and 
such  other  persons  as  may  be  necessary  to  carry  into  effect 
the  powers  and  duties  of  the  board,  and  unless  otherwise  pro- 
vided by  law,  to  fix,  alter,  and  allow  paid  their  salaries  and 
compensations,  and  to  withhold,  for  good  and  sufficient  cause, 
the  whole  or  any  part  of  the  salary  or  wages  of  any  person 
or  persons  employed  as  aforesaid. 

Make  and  establish  rules,  etc. 

5.  Also  to  make  and  establish  and  enforce  all  necessary  and 
proper  rules  and  regulations  for  the  government  and  effi- 
ciency of  the  schools,  teachers,  and  pupils,  and  for  the  carry- 
ing into  effect  of  the  school  system;  and  to  establish  and 
regulate,  and  grade  the  schools,  the  course  of  studies  and 
mode  of  instruction  therein;  to  investigate  all  charges  of 
misconduct  on  the  part  of  teachers  and  other  employees  of 
the  board;  to  administer  oaths  and  take  testimony;  to  sum- 
mon and  enforce  the  attendance  of  and  examine  witnesses 
for  such  purpose  before  the  board,  or  a  member  or  committee 
thereof.  Any  person  summoned  and  refusing  to  attend  and 
testify   shall   be   deemed   guilty    of   a   misdemeanor;    and   any 


§249  MfXIlPAL    CORPORATIONS.  TK 

person    testifying    falsely   shall   be  guilty  of  perjury,   and   on 
Lotion  punished  accordingly. 

Provide   fuel,  stationery,  etc. 

6.  To  provide  for  the  school  department  of  such  city,  or 
city  and  c  >unty,  fuel,  lights,  blanks,  blank-books,  books, 
printing,  and  ry,  and  sucn  other  articles,  materials, 
or  supplies  .'is  may  b(  oec<  Bsary  and  appropriate  for  use  in 
the  schools,  or  in  the  office  of  the  superintendent. 

Provide  school-houses. 

7.  To  build,  alter,   repair,  rent,  ami   provide  school  b 

and     furnish    them    with     proper    School      furniture,     appar. 

and  appli  any  and  all  school  property,  and 

to  use    md   control   such   buildings  as   maj  tor 

the  uses  of  the  board  and  its  commit t. 

To  purchase  school  lots. 

8.  To  receive,  pur.'1  e,  ami  hold  in  fro  in  trust  for 
such  city,  >>r  city  and   OOUnty,  any  and   all    re;i)   estate  and    per- 

I   property  thnt    may   have  been   or  which   inn  after  may 
be  acquired  for  the  use  and  ben<  lit  of  the  schools  of  such 
> r  city  and  county. 

(irade  school  lots. 

9.  To  grade,  fence,  and  improve  school  lots,  and  in  front 
thereof. 

To  sue  and  be  sued. 

10.  To  sue   for  any   and    all   lots,   lands,    and     proper: 

ring  to  or  claimed  by  the  school  department  of  such  city, 
OX   city    md    county,   and    to   prosecute  and   defend    all   ac- 
at  law  or  in  eqnit;  »ver  the   full   enjoyment 

and  possession  of  said  lots,  lands,  and  property,  and  t<i  re- 
quire the  Berviees  of  I  or  city  and  county,  attorney 
in   all   such   suits  and    proceedings. 

To   superintend    disbursement    of   school    mot  i 

11.  To  establish  regulations  for  the  just  and  equal  dis- 
bursement  nt'  all   n ys  belonging  to  the  Bchool  de] 

or    to   the    public  Bchool    fund,   and    to    make   rules   and    regvJa 
tions  to  -  momy  and  accountability  in  the  expenditure 

of  school  money. 


t 


763  MUNICIPAL   CORPORATIONS.    Act  234S,  §  §  231,  232 

To  sell  certain  personal  property. 

12.  To  discharge  all  legal  incumbrances  existing  upon  any 
school  property;  to  dispose  of  and  sell  such  personal  property 
used  in  the  schools  as  shall  no  longer  be  required,  and  all 
moneys  realized  by  such  sales  shall  be  paid  into  the  city 
treasury  to  the  credit  of  the  public-school  fund. 

To  lease  lots,  etc. 

13.  To  lease,  for  the  benefit  of  the  public-school  fund, 
for  a  term  not  exceeding  five  years,  any  unoccupied  prop- 
erty of  the  school  department  not  required  for  school  pur- 
poses; to  prohibit  any  child  under  six  years  of  age  from  at- 
tending the  schools;  and  generally  to  do  and  perform  such 
other  acts  as  may  be  necessary  and  proper  to  carry  into  force 
and  effect  the  powers  conferred  on  said  board. 

Who  may  administer  oaths. 

Sec.  250.  The  president  of  the  board  of  education,  the 
superintendent,  and  the  secretary  shall  have  power  to  ad- 
minister oaths  or  affirmations  concerning  any  demands  upon 
the  treasury  payable  out  of  the  public  school  fund,  or  other 
matters  relating  to  their  official  duties  or  the  school  depart- 
ment. 

Reports. 

Sec.  251.  It  shall  be  the  duty  of  each  director  to  make 
quarterly  reports  to  the  board  of  the  condition  of  the  schools 
in  their  respective  districts. 

Supplies,   how   furnished. 

Sec.  252.  It  shall  be  the  duty  of  the  board  of  education 
to  furnish  all  necessary  supplies  for  the  public  schools.  All 
supplies,  books,  stationery,  fuel,  printing,  goods,  material, 
building,  repairs,  merchandise,  and  every  other  article  and 
thing  supplied  to  or  done  for  the  public  schools,  or  any  of 
them,  when  the  expenditure  to  be  incurred  is  likely  to  exceed 
two  hundred  dollars,  shall  be  done  by  contract,  let  to  the  low- 
est responsible  bidder,  after  advertisement  by  the  superin- 
tendent of  schools;  and  the  contract  shall  be  entered  into  by 
the  superintendent  with  the  party  to  whom  the  contract  is 
awarded;  and  the  superintendent  shall  take  care  that  such 
contract  is  carried  out  in  strict  accordance  with  the  terms 
thereof. 


mim.  UP  iL    CORPO 
and   contracts,  how   made  am]  awarded. 

S'  •  g    made    under    the    passed 

lag     section    Bball    be    delivered    to    the    superintendent    of 

board    shall,    in    upon    session,    ■ 
amine,  and    publicly   declare  the   same,  sod    award    the 
trad   to  the  lowest   responsible  bidder;   provided,  Battil  board 
ma\  ad   all   bids,   should   tiny   deem    it    for  the 

public    good,    and    also    the    bid    Of    any     parly    Sjho    may     1" 

proved  delinquent  or  unfaithful  with 

such    city    and    county,    or    said    board,    and    Caua)     a     n  puh 

lieatioo  of  the  notice  for  pi  ,..iii..i.     Any 

■  .1    fpx  any   0A<    art  i 

Not   to  be  int<  rested  in 

beol    director,    oilier,   or   other 
officially  connected   with  the  school   department,  or  drawing 

■lary    from    the    hoard    of    education,    who    shall,    while    in 

oflic  or    drawing    salary,    I"     u 

r    directly    or    Indirectly,    in,    or    who    shall    _ 
fit    or   advantage    from    any    contract,    payments   under 

which    'iri     to    1,,     made    in    wind,     or    in    (art    id"    tip 

derived    from    tin-    school    fund,    or    rai>.  d    h.  n    <>r 

otherwise    for    the    support    of    the    public  shall    bo 

deemed   guilty   of   felony,   and    ■  'ion,   punished   sc 

eordingly;   and   this   provision  shall   not    lie  construed   '"   r' 
lieve    such    persons    from    any   other    penalty,   hut    shall    be 
doomed    cumulative    to    and    with    other   penalties   and    dis- 
abilities as  to  such  acta  and  offi  i 

Annual    report. 

255.      The    hoard    shall    mako    and    transmit,    bi  I 
thr    fifteenth  the    first    day    of    Feb 

rnary  of   each   year,   to   tb<  atenden.1   of  pubKc 

instruction,  and  to  the  mayor  and  municipal  council  of  BUCh 
city,   or   city   and   county,   a   report,   in    wiritinj  g   the 

whole  number  of  public  schools  within  the  jurisdiction,  the 
Length  of  time  they  have  been  kepi  open,  the  number  ol 
pupils  taught  in  each  school,  the  whole  amount  of  moaej 
drawn    from    the-    treasury    by    the    department    during    she 

year,    distinguishing    the    amounts    drawn     from    the    general 

fund   of   tin    siat,    from   all   other,   and   from    what 

and     the     manner     and     purpose     in     which     such     money     lias 

been  expended,  with  particulars,  and  such  other  iaforasa- 
tion  as  maj  be  required  from  them  by  the  state  auj  Ban- 
tendent,  the  municipal  council,  or  the  maj    r, 


765  MUNICIPAL     CORPORATIONS.     Act  2348,  §§  2C6-259 

Evening  school. 

Sec.  256.  The  board  shall  provide  evening-schools,  to  be 
held  in  the  public  school-houses,  for  the  benefit  of  those 
unable  to  attend  the  day-schools.  They  shall  make  and 
enforce  regulations  requiring  the  teachers  to  keep  records 
of  the  names,  ages,  and  residences  of  all  pupils,  and  the 
names  and  resiliences  of  their  parents,  and  the  aggregate 
attendance  of  each  pupil  during  the  year,  and  to  verify 
and  report  the  same  on  the  thirty-first  day  of  December 
to  the  board;  and  such  other  rules  and  regulations  for  the 
purpose  of  ascertaining  the  attendance  and  efficiency  of 
the  department  and  progress  of  education. 

Superintendent  a  member  of  board. 

Sec.  257.  The  superintendent  of  schools  shall  be  ex- 
officio  member  of  the  board  of  education,  without  the  right 
to  vote. 

Clerk. 

Sec.  258.  Said  superintendent  shall  appoint  a  clerk,  sub- 
ject to  the  approval  of  the  board  of  education,  who  shall 
act  as  secretary  of  said  board.  His  salary  shall  be  two 
hundred  dollars  a  month.  Said  clerk  may  be  removed  at 
the  pleasure  of  the  superintendent,  and  shall  perform  such 
duties  as  shall  be  required  of  him  by  the  board  or  the 
superintendent. 

Heport   of   superintendent. 

Sec.  259.  The  superintendent  shall  report  to  the  board 
annually,  on  or  before  the  first  clay  of  August,  and  at  such 
other  time  as  the  board  may  require,  all  matters  pertaining 
to  the  expenditures,  income,  condition,  and  progress  of  the 
public  schools  of  such  city,  or  city  and  county,  during  the 
preceding  fiscal  year,  with  such  recommendations  as  he 
may  deem  proper.  He  shall  observe  and  cause  to  be  ob- 
served, such  general  rules  for  the  regulation,  government, 
and  instruction  of  the  schools,  not  inconsistent  with  the 
laws  of  the  state,  as  may  be  established  by  the  board.  He 
Bhall  attend  the  sessions  of  the  board,  and  inform  himself, 
at  each  session,  of  the  condition  of  schools,  school-houses, 
school  funds,  and  other  matters  connected  therewith,  and 
to  recommend  such  measures  as  he  may  deem  necessary 
for  the  advancement  of  education  in  such  city,  or  city  and 
county.  He  shall  acquaint  himself  with  all  the  laws,  rules, 
and   regulations   governing   the   public   schools   in   such   city, 


MUNICIPAL    CORPORATIONS.  T66 

ity   and   county,   and    the   judicial    decisions   thereon,   and 
d   subjects   connected   with    the   public  schools 
litously    to    officers,    teachers,   pupils,    and   their   parents 
and  guardians. 

Shall   visit  schools. 

210.  The  superintendent  of  schools  shall  visit  and 
examine  the  schools,  and  sec  that  tiny  arc  efficiently  con- 
ducted, and  that  the  laws  and  regulations  of  the  board  are 
in  all  things,  and  that  BO  religions  or  sectarian 
allowed  in  the  schools,  and  to  rpport 
monthly  to  the  board*  He  shall  also  report  to  the  state 
superintendent  at  such  times  as  such  offleer  shall  require 

v.    how    filled. 

861.  Any  money  in  the  office  of  school  director 
shall  be  filled  for  the  remaindi  r  of  the  term  by  a  person 
to  be  !  by  the  I  sldermen. 

Vacancy    in    office   of  superintendent,   how   filled. 

262.  Tn  cn.se  of  a  vacancy  in  the  office  of  superin- 
tendent, the  board  of  aldfrmen  may  appoint  a  person  to  fill 
the  vacancy  until  the  next  regular  election,  when  the  office 
shall  be   filled  by  the  people. 

School   fund. 

Sec.  TG3.  The  school  fund  of  snch  city,  or  city  and 
county,  shall  consist  of  all  moneys  received  from  the  state 
school"  fund;  of  all  moneys  arising  from  taxes  which  shall 
be  li  vied  annually  by  the  municipal  council  of  such  city. 
or  city  and  county,  for  school  purposes;  of  all  moneys 
arising  from  sale,  rent,  or  exchange  of  any  school  property, 
and  of  such  other  moneys  as  may.  from  any  source  what- 
i  vi  r,  be  paid  into  said  school  fund.  Said  fund  shall  be  kept 
in  the  city,  01  city  and  county,  treasury,  separate  and  dis- 
tinct from  all  other  moneys,  and  shall  only  be  used  for 
school  purposes  under  the  provisions  of  this  chapter.  No 
or  commissions  shall  he  allowed  or  paid  for  assessing, 
collecting,  ke<  ping,  or  disbursing  any  school  moneys;  and  if 
at  the  end  of  any  fiscal  year  any  surplus  remains  in  the 
school  fund.  BUCh  surplus  money  shall  be  carried  forward 
to  the  school  fund  of  the  next  fiscal  year,  and  shall  not  be, 
for  any  purpose  whatever,  diverted  or  drawn  from  said 
fund,  except   under  the   provisions  of  this  chapter. 


TO  .  MUNICIPAL    CORPORVTIONS.     Act  2348,  §§  264-266 

School   fund,   how   used. 

See.  264.  The  said  school  fund  shall  be  used  and  ap- 
plied by  said  board  of  education  for  the  following  purposes, 
to   wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  teachers, 
janitors,  school-census  marshals,  and  other  persons  who  may 

'  be  employed  by  said  board; 

2.  For  the  erection,  alteration,  repair,  rent,  and  furnish- 
ing of  school-houses; 

3.  For  the  expenses  of  high,  normal,  and  experimental 
schools; 

4.  For  the  purchase  money  or  rent  of  any  real  or  personal 
property  purchased  or  hired  by  the  board; 

5.  For  the  insurance  of  all  school  property; 

7.  For  the  discharge  of  all  legal  incumbrances  now  or 
hereafter  existing  on  any  school   property; 

8.  For  lighting  school-rooms,  and  the  office  and  rooms 
of   the  superintendent  and  the   board   of  education; 

9.  For  supplying  the  schools  with  fuel,  water,  apparatus, 
blanks,  blank-books,  and  necessary  school  appliances,  to- 
gether  with   books   for   indigent   children; 

10.  For  supplying  books,  printing,  and  stationery,  for 
the  use  of  the  superintendent  and  board  of  education,  and 
for   the   incidental    expenses   of   the   board   and   department; 

11.  In   grading,   fencing,   and   improving   school   lots. 

Claims,  how  allowed. 

Sec.  265.  All  claims  payable  out  of  the  school  fund 
(excepting  coupons  for  interest  on  school  bonds),  shall  be 
filed  with  the  secretary  of  the  board,  and  after  they  shall 
have  been  approved  by  a  majority  of  all  the  members  elect 
of  the  board,  upon  a  call  of  "yeas"  and  "nays"  (which 
shall  be  recorded),  they  shall  be  signed  by  the  president  of 
the  board  and  the  superintendent  of  the  public  schools,  and 
be  sent  to  the  city  and  county  auditor.  Every  demand  shall 
have  indorsed  upon  it  a  certificate  of  its  approval  by  the 
board,  showing  the  date  thereof,  and  the  law  authorizing  it, 
by  title,  date,  and  section.  All  demands  for  teachers'  sal- 
aries shall  be  payable  monthly. 

Demands  on  school  funds. 

Sec.  266.  Demands  on  the  school  fund  may  be  audited 
and  approved  in  the  usual  manner,  although  there  shall 
not,  at  the  time,  be  money  in  the  treasury  for  the  payment 
of  the  same;  provided,  that  no  demand  on  said  fund  shall 
be  paid  out  of  or  become  a  charge  against  the  school  fund 


Act  2348,  }§  267- 270    MUNICIPAL    CORPORATE  7W 

of    any    subsequent    fiscal    y«ar;    and    furthrr    provided,    that 
the   satire   expenditures  of  the  said  school  department,  fur 
.ill   purposes,  shall  not,  in  any  fiscal  year,  extend  the  reve- 
-    if  for  the  same  year. 

Auditor  '  fo  fund. 

■  ■!     county,    auditor    shall 
Stale,    by    in1  DpOU    any    claim    or    demand    audited 

on    th<     sehool    fund,      tl  .  y      or      fund     out 

of    which    the   same    is    payable,   and    that    it    is    payable    from 

Audited  hills  receivable  for  ta 

lifted    bllll     tor     the    current     fiscal   year   for 
wages   or   salaries  lor*    in   the   public  schools  shall 

I    taflM     dl|i-     upoi  All 

demands   shall    be    au-lited   and    paid    in    the   usual    manner. 

All    lnwfnl    drmar  .    by    this   chapter 

for  school   pur  ,  lit,  i   sod   approved   in   the 

usual  manner,  and  the  auditor  and  treasurer  of  so  el  city,  or 
city     and      connt\.  - ;..  ct  i  v<  ly     authorized      to      audit 

and  pay  the  same,  when  so  ordered  paid  and  approved  by 

the    said     hoard;     provided,     that     tin     said    board    shall     not 

have  the  power  to  eontrad  any  debt  or  liability,  in  any 
term  whatsoever,  against  such  city,  .unty,  in 

contravention    of    this  :n,,|    provided    further,    thaf 

th.'    nlle  approval    by     the    board    of    demands    not 

authorised    by    this      c>  I      I.,       m .      warrant     or     au- 

thority to  the  auditor  or  treasurer  to  audit  or  pay  the  same. 

•tion    te   make   est i rr 

It    shall    be    the   duty   of   the   beard   of  education 
of    lueh    City,    or    city    and    county,    Ott    or    before    the    second 

Honda]  of  September  of  each  year)  to  report  to  the  munici 

tal  council  an  estimate  of  the  amount  of  money  erases  will 
e  required  during  the  y.  :ir  for  the  purpose  of  meeting  the 
current  annual  expenses  of  public  instruction  in  sueh  eity. 
or  city  and  count-.  Qg  the  amount  required  for  sup- 

plies   furnished    pupils,    for    puri  ittd    procuring   sit«  s. 

for  leasing  rooms  or  erecting  buildings,  and  for  furnishing, 
lining    up,    alien  pairing     bnildil 

foT    the    supj "  si    annual 

apportionment;  fur  salary  of  teachers,  janitors,  ebrks,  and 
other  employee*,  and  other  expenditure*  autaori  ad  by 
law;    but    the    aggregate    amount    so    r,  ported    shall    not 


749  Municipal  cukpokatio.ns.    Act  2348,  §§  271,  272 

ceed  the  sum  of  thirty-five  dollars  for  eaeh  pupil  who 
shall  have  actually  attended  and  been  taught  in  the  pre- 
ceding year  in  the  schools  entitled  to  participate  in  the 
apportionments.  The  number  of  pupils  who  shall  be  con- 
sidered as  having  attended  the  schools  during  any  one 
year  shall  be  ascertained  by  adding  together  the  number 
of  days'  attendance  of  all  the  pupils  in  the  common  schools 
during  the  year,  and  dividing  the  same  by  the  number 
of  school-days  in  the  year.  Said  municipal  council  is  au- 
thorized and  empowered  to  levy  and  cause  to  be  collected, 
at  the  time  and  in  the  manner  of  levying  state  and  other 
city,  or  city  and  county,  taxes,  the  amount  of  tax,  not  to 
exceed  thirty-five  dollars  per  pupil,  determined  and  re- 
ported by  the  board  of  education.  The  amount  so  levied 
and  collected  shall  not  include  the  amount  received  an- 
nually from  poll-taxes. 

No  sectarian  school  shall  receive  school  money. 

Sec.  271.  No  school  shall  receive  any  portion  of  the 
school  moneys  in  which  the  religious  doctrines  or  tenets 
of  any  particular  Christian  or  other  religious  sect  are 
taught,  inculcated,  or  practiced,  or  in  which  any  book 
or  books  containing  compositions  favorable  or  prejudicial 
to  the  particular  doctrines  or  tenets  of  any  particular 
Christian  or  other  religious  sect  is  used;  nor  shall  any 
such  books  or  teachings  be  permitted  in  the  common 
schools. 

No  member  of  board  shall  disburse  school  money,  or  ac- 
cept gift. 
Sec.  272.  No  member  of  the  board  of  education  shall 
ever  become  the  disbursing  agent  of  such  board,  or  handle 
or  pay  out  any  of  its  money  under  or  upon  any  pretense 
whatever.  Any  violation  of  this  provision  shall  be  a  mis- 
demeanor, and  shall  subject  the  offender,  besides  the  pun- 
ishment, to  removal  from  office.  Any  member  or  officer  of 
the  board  of  education  who  shall,  while  in  office,  accept 
any  donation  or  gratuity  in  money,  or  of  any  valuable 
thing,  either  directly  or  indirectly,  from  any  teacher,  or 
candidate,  or  applicant  for  a  position  as  teacher,  upon  any 
pretense  whatever,  shall  be  deemed  guilty  of  a  misde- 
meanor in  office  and  shall  be  ousted  by  the  board,  or  by 
any  court  of  competent  jurisdiction,  from  his  seat,  on  proof 
thereof.  Any  member  or  officer  of  the  board  of  educa- 
tion who  shall  accept  any  money,  or  valuable  thing,  or  the 
promise  thereof,  with  an  agreement  or  understanding,  ex- 
Gen.  Laws — 43 


MINI.  I  PAL    CORPORATIONS.  TW 

pri  Sfl  or  implied,  that  any  person  shall,  in  consideration 
t  h  •  •  r  •  .of  such   member  or  officer 

for  n  situation  as  a  teacher  or  employee  of  any  kind  in  the 
school  department,  shall  be  deemed  guilty  of  a  felony,  an.l 
on  conviction,  shall  be  poTJU  irdingly. 

Article    VII.      Miscellaneous   Provisions. 

Laws    which    do    not    conflict    with    this   act    are    continued    in 
force. 

All    the   existing    provisions  of  law   defining   the 

duties  of  county  officers,  excepting  those  relating  to  auper- 

.1    boards   of  supervisors,  so   far  as 'the   same  are 

not  inconsistent  with,  repealed,  or  altered  by  the  provisions 

of  this  chapter,  shall  l  r<  d  as  apphcabli    to  officers 

of  any  consolidated  cities  and  counties,  acting  or  elected 
under   this   chapter.      Pi  shall   he    made   from   the   nv- 

enm  s    of    any    city,    or    city    and    county,    hi  n  tofoiS    existing 

and  reorganized  under  this  act,  for  the  payment  of  the 
Legal   Indebtedness  "i    tb<    municipal  incorporation  to  which 

such  reorganised  city,  or  city  and  county,  shall  succei d. 
01   ,.('    wii.ii    it    is    a    r<  •    well    IS    for    that   of 

such    city,    or    eit)  LTlty,    after    it-  ,:ion,    and 

all  funding  acta  and  other  laws  providing  for  the  payments 

of  principal  and  interest  on  any  funded  debt  of  such  former 
corporation  shall  remain  in  force.  The  taxes  which  may 
be  levied  and  collected  in  such  city,  or  city  and  county, 
shall  be   uniform   throughout    the  same. 

Where    provisions   of   this  chapter  shall   apply. 

provisions  of  this  chapter  concerning  the 
following-named  officers,  to  wit:  Bheriff,  county  clerk, 
r  id.  r,  coroner,  and  public  administrator,  shall  apply 
only     t insolidated     cities    an  1     counties.      The     provisions 

of  this  chapter  relating  to  the  district  attorney  shall,  cx- 
eept  in  consolidated  cities  and  counties,  be  deemed  to 
apply  t"  tin-  city  attorney;  and  no  sheriff,  county  clerk, 
recor.hr,  district  attorney,  coroner,  or  public  adminu 
tor  shall  be  elected  in  any  municipal  corporation  under  the 
provisions  of  this  chapl  I   in  consolidated  cities  and 

counties. 

Duty  of  municipal  council  in   tin    levy  of  taxes. 

J.  The  municipal  council  of  any  such  consoli- 
date city  and  county  shall  perform  such  duties  in  and 
about   the   levy   and    equal i /.at ion   of  state   and  county   taxes, 


771  MUNICIPAL    CORPORATIONS.    Act  234s,  §§  3OO-X02 

and  all  other  matters  and  things  as  are  or  may  be  pre- 
scribed by  law  for  boards  of  supervisors  of  counties  in  like 
cases,  and  not  inconsistent  with  the  provisions  of  this 
chapter. 

CHAPTEE  III. 

MUNICIPAL    CORPORATIONS    OF    THE    SECOND    CLASS. 

(A    charter    for    cities    having    a    population    of    more    than 
30,000  and  not  exceeding  100,000.) 

Article   I. — General  Powers. 
Powers  of  municipal  corporations  of  the  second  class. 

Sec.    300.     Every    municipal    corporation    of    the    second 

class  shall  be  entitled  the  city  of  (naming  it),  and  by 

such  name  shall  have  perpetual  succession,  may  sue,  be 
sued,  in  all  courts  and  places,  and  in  all  proceedings  what- 
ever, shall  have  and  use  a  common  seal,  alterable  at  the 
pleasure  of  the  city  authorities,  and  may  purchase,  lease, 
receive,  hold,  and  enjoy  real  and  personal  property,  and 
control  and  dispose  of  the  same  for  the  common  benefit; 
provided,  that  it  shall  purchase  without  the  city  no  property 
except  such  as  shall  be  deemed  necessary  for  establishing 
hospitals,   prisons,   cemeteries,   and   industrial   schools. 

Article  II. — General  Provisions  Relating  to  Officers. 
Election,   when  held. 

Sec.  301.  The  municipal  election  shall  be  held  on  the 
second  Monday  of  March  of  each  even-numbered  year,  and 
such  election  shall  be  subject  to  all  the  provisions  of  the 
law  regulating  elections  for  state  officers,  except  as  other- 
wise provided  in  this  chapter.  At  such  election  there 
shall  be  elected,  for  the  government  of  the  "city  the  fol- 
lowing officers:  Seven  councilmen,  who  shall  constitute 
a  board  to  be  known  as  the  city  council;  a  mayor;  a  treas- 
urer, who  shall  be  ex-oflficio  clerk  of  the  city  council;  a 
city  attorney;  a  school  superintendent,  and  a  street  super- 
intendent, who  shall  respectively  hold  office  for  the  term  of 
two  years,  and  until  their  successors  are  elected  and 
qualified.  One  councilman  shall  be  elected  from  eacn 
ward,  by  the  vote  of  the  city  at  large,  and  shall  hold  office 
for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  qualifier. 

Bonds. 

Sec.  302.  The  clerk  and  treasurer,  superintendent  of 
public   schools,   street   superintendent,   and   all   other   officers 


.§§303-305    MUNICIPAL    CORPORAW  in 

when  required  by  the  city  council  by  ordinance,  shall  each, 
re   <  n t •  r i i . l:    upon    biua   u Hi < •  i a  1    d  within    ben 

days  after  reeeipl   of  his  •  * t  r t  ill  ec&ion   or  a j.iM»i n t 

; n  such  sum  as  the  council  nay  di- 
rect, payable  to  th<  city;  which  bond  shall  be  subject  to 
the    law    concerning   the   official  and    to 

approval  >•  v  the  mayor.     And  1 1 1 « -  council  may  at  any  time 
,11   additional   amount,   or   nen   sureties,   noon   any 
which   it    may    iln  m    insufficient.     It'    such    additional 
rity  be  nol  given,  the  council,  u|  nation  thereof 

liv  the  mayor,  \<>u-  oi'  t«u  thirds  or'  the  meml 

.  :it. 

.    t ■>    be    paid    into    tnasury. 

KML     Ail  and    all    other    n 

red    or    «- « » 1 1 .  . - 1 . - . i    I  tieer    ol    the    <■  i ty .   shall    be 

paid    by    such    officer,    at    tfc  B    month,    into 

-u ry,   for    I  I    no  payment   shall 

Bt4T   Coi   -alary    until    he   shall    have    taken. 

and    Bled    with    the   clerk,   an   affidavit    that    ho    has    paid    into 

the  rity   treasury,  all   fe<  I,  and   all   other   nion,  yu 

by    him    t 

No   rity   officer   shall    be   surety    on   bond   of    any    corporate 

ofli' 

:n|.      No  member  of  the  city  council,  or  of  the  board 
of  education,   nor  any  officer  <>f  tlo  .ill   be  surety 

u|ion     the   official    bond   of   any   corporate   officer,   nor   shall 
he   be,    directly  or   indirectly,   Intel  with   or   be   surety 

f,,r  ,,n\  person  who  may  bo  interested  in  any  franchise,  con- 

ppropriation,    work,    or    bnsin.ss,    or    in    the    sale    of 

anything   tin    pric<    of   ot   consideration    for   which    is   paid 

or  payable  by  the  city,  or  by  assessments  levied   under  an 

onliuane.     Oi    thr    council;    nor    shall    any    contract    be    award- 
ed or  franco"  person  who   may  b 

ou    the    olio  ial    bond    ot    any    officer    of    the    city. 

Vacancy,    how    fill)  <L 

It'    any    officer    of   such    city,    or    member    of    the 

erty  council,  or  board  of  education,  Bhsid  remove   from   the 
(,jtN  ;t   himself  therefrom   for  more  than  thirty  days, 

:,;ill  fail  to  qualify  by  taking  thr  oath  of  offiei 
scribed    bj    lav,     or  to  i  I    bond,   wheni  < 

bond   is   required,   within    tftll    days   from    tin    tunc   hi- 


778  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  306-309 

is  duly  ascertained  and  declared,  his  office  shall  be  hereby 
absolutely  vacated,  and  the  city  council  shall  thereupon  fill 
the  vacancy  upon  nomination  by  the  mayor. 

Oath  of  office. 

Sec.  306.  Every  officer  provided  for  in  this  chapter  shall, 
before  entering  upon  the  duties  of  his  office,  take  and  file 
with  the  treasurer  the  constitutional  oath  of  office;  pro- 
vided, that  the  oath  of  office  of  the  treasurer  shall  be 
filed  with  the  mayor. 

Salaries. 

Sec.  307.  The  salaries  of  the  officers  of  such  city  shall 
be  as  follows:  Mayor,  one  thousand  dollars  per  annum; 
clerk  and  treasurer,  two  thousand  dollars  per  annum;  as- 
sistant to  the  clerk  and  treasurer,  one  thousand  two  hun- 
dred dollars  per  annum;  clerk  of  the  police  court,  one 
thousand  two  hundred  dollars  per  annum;  clerk  to  the 
police  court,  nine  hundred  dollars  per  annum;  city  attor- 
ney, two  thousand  dollars  per  annum;  street  superintend- 
ent one  thousand  eight  hundred  dollars  per  annum;  cap- 
tain of  police,  one  thousand  eight  hundred  dollars  per  an- 
num; police  detective,  one  thousand  five  hundred  dollars 
per  annum;  school  superintendent,  two  thousand  dollars 
per  annum;  assistant  school  superintendent,  one  thousand 
two  hundred  dollars  per  annum;  policemen,  nine  hundred 
dollars  per  annum  each.  The  mayor  may  appoint  a  clerk, 
who  shall  receive  a  salary  of  nine  hundred  dollars  per 
annum.  The  salaries  of  all  officers  shall  be  paid  in  monthly 
installments,  at  the  end  of  each  and  every  month  of  service. 

Article   III. — Legislative    Department. 

Time    of   meeting. 

Sec.  319.  The  city  council  shall  meet  on  the  first  Mon- 
day after  their  election,  and  at  such  other  times  as  they 
may  by  ordinance  appoint.  A  majority  of  the  council  shall 
constitute  a  quorum  for  the  transaction  of  business.  They 
shall  determine  the  rules  of  their  proceedings,  and  judge 
of  the  qualification  and  election  of  all  officers;  and  shall 
provide,  by  ordinance,  the  method  of  calling  special  meet- 
ings of  the  council.  Their  sittings  shall  be  public.  A  jour- 
nal of  their  proceedings  shall  be  kept  by  the  clerk,  under 
their  direction;  and  the  ayes,  and  noes  shall  be  taken 
and  entered  on  the  journal  at  the  request  of  any  member. 


§319  MUNICIPAL  CO RPORATIONa  T74 

They    shall    prescribe,    by    ordim  duties   of   all    of- 

defined   in   this  act.     Tiny  shall 

i    the  power  to  raise,  by  'ax,  not  exceeding  on<'  per  eenl 

for   all    p  -    lemption   of  bonds)    on 

the  :    the     real     and    personal    property 

within    tin-    limits    of    BttCh    city,    moi  the    estaldish- 

mint    and    support    of    I'm     COfflmoo    schools,    and    to    pr-- 

suit,  therefor,  and  defraying  the 

ordil  \M   Well    as   for   paving,  plank- 

P  the  city.    They 
shall    also  pass    all    proper    and    d 

urdii  nidation    and    sale     of    city     prop 

and     to    give    deedl  shall     ha  t     to 

open,    all  .ish,    grude,    or    otherwise    Improve    and 

ind    the   sidewalks   upon 
t«p  in    repair    bridges,    so    as 
nut    t<>  with    navigation,    I  public     pis 

\vli:i:  -dips,       x 

and  folate    and   collect 

dockage,  and  cranage,  upon  all  water  < 

and    all  to     make      i  ring 

is,    ornament,    peace,    and    good    order 
for    pri'Vi  sting    and     extinguishing     fires,    and 
tinting    and     regelating    fin-men,    policemen,    and    such 
-    as    ma)  ry    to    appoint;    for    the 

relation    of    pnsons    and    markets;    for   licensing, 
iting  ell  such  vehicles,  business,  and  em- 
ployment! public    good    may    require,    and    as    may 
not     be    prohibited    by    law;    to     levy    a    tax   license    upon    all 

..at   the   same   from   running  at   ! 
in    the   stnets  and   public   grounds  of   the   city;    to   regulate 

-.     amusi  n. 
and    exhibitions    which  linet    good     morals,    or    con- 

trary   to    the    public    order    I  ■  ncyj    f"r    the    regulatiou 

and  ut'     slaughterhouses,     mark'  and 

[8,    and    bouses    for    the    storage    of    gunpowder    and 
imbustible     materials,    and    limit    the    quantity    of 
combustible  ve    materials     to    be    stored    in    any 

one  place;  tor  prohibiting  or  suppressing  the  erection  of 
slang  •■    tin-   slaughtering  of   animals   within    the 

limits  of  the  city,  and  tor  prohibiting  or  suppressing  the 
erection   or  carrying  0n   of   any   soap  or  glue  tan- 

yard,  powder-magazine,  or  other  nuisance  within  the  limits 

Of  the  city;  and  to  declare  what  shall  constitute  a  nui- 
ssnoe;  and  to  make  and  enforce  within  its  limits  all  such 
local,   police,   sanitary,   and    other    regulations   as   are   not   in 


775  MUNICIPAL   CORPORATIONS.  Act  234S,  §  319 

conflict  with  general  laws;  and  provide  suitable  buildings 
for  the  management,  good  government,  and  general  wel 
fare  of  the  city.  They  shall  also  have  power  to  pass  such 
ordinance  or  ordinances  as  may  be  necessary  to  prevent 
animals  from  running  at  large  within  the  limits  of  the  city; 
to  establish  a  pound,  and  appoint  a  poundkeeper,  and  pre- 
scribe his  duties,  and  to  provide  for  the  public  sale,  by  the 
poundkeeper,  of  such  animals  as  may  be  impounded,  in 
the  same  way  and  upon  like  notice  that  personal  property 
is  sold  by  execution  under  the  laws  of  this  state;  provided, 
that  the  owner  or  owners  of  such  property  so  impounded 
may  reclaim  the  same  at  any  time  before  sale,  upon  pay- 
ment of  costs  and  charges  of  taking  up  and  impounding; 
and,  within  thirty  days  after  the  sale,  upon  proof  of  owner- 
ship of  the  property  sold,  duly  made  before  the  mayor, 
and  upon  payment  of  the  costs  and  expenses  of  impound- 
ing and  selling,  and  upon  the  payment  of  the  sum  of  one 
dollar  to  the  mayor,  as  a  fee  for  the  investigation  of  the 
question  of  ownership,  and  for  his  certificate  to  •  that 
effect,  such  owner  or  owners  may  receive  the  purchase 
money  arising  from  such  sale  or  sales.  Penalties  for  the 
violation  of  any  and  all  ordinances  shall  be  by  fine  not 
exceeding  one  hundred  dollars,  and  in  case  the  fine  be  not 
paid,  then  the  person  or  persons  may  be  imprisoned  at  the 
rate  of  one  day  for  every  two  dollars  of  the  fine  imposed, 
or  in  lieu  ot  the  imprisonment,  or  any  part  o±.  it,  the  per- 
son or  persons  so  fined  shall  labor,  under  the  direction 
of  the  city  authorities,  either  upon  the  streets,  public 
grounds,  or  buildings,  or  in  such  other  places  as  may  be 
deemed  advisable  for  the  benefit  or  revenue  of  said  city. 
The  city  council,  upon  the  nomination  of  the  mayor,  shall 
have  power  to  appoint  suitable  persons  to  fill  vacancies  in 
any  elective  office,  except  that  of  mayor,  until  the  next 
regular  municipal  election,  when,  if  the  term  be  unexpired, 
an  election  shall  be  held  to  fill  such  vacancy  for  the  un- 
expired term  of  said  officers.  The  members  of  the  city 
council  shall  receive  no  salary  for  their  services.  They 
shall  have  power  to  provide  for  all  city  elections,  to 
designate  the  place  or  places  of  holding  the  same,  giving 
at  least  ten  days'  notice  thereof;  to  appoint  inspectors 
and  judges  of  election,  examine  the  returns,  and  declare 
the  result,  and  to  determine  contested  elections.  The 
president  pro  tempore  of  the  board  shall  discharge  the 
duties  of  mayor,  whenever  there  shall  be  a  vacancy  in  the 
office   of   mayor,   or  when   the   mayor   shall   be    absent    from 


Act  2348,  i  320  MUNICIPAL   CORPORATIONS.  T» 

tli.'    city    for    a    period    exceeding    five    days,    or    be    unable, 
.  to   attend   to  the   duties  of  his  office.     In  the 
ate    of    the    eli  rk,    the    city    council    shall    appoint    one 
of    their    numbers    to    act    as    clerk    pro    tempore;    they    shall 
have   power   to   set   aside    any    amount    of   money   belong- 
ing to   the   eity   winch   may   at.  any   time   be   in   the   hands  of 
tin     treasurer,    alt?)    dednetiug    the    enrrent    expenses   of    the 
eity,    and    the    int.  rest     due    upon    the    funded    debts    of    the 
eitv,    as    a    sinking  fund    whereby    the    bonds    issued    by    tin 
eity    may    I.,     redeemed,    or    they    may,    at    any    time    before 
said     bonds     B*all  tlUO,     with     any     surplus     money 

p    may    kolong    to    the    eity,    after    paying    sai.l    expenses 
anil    int.  r  •  m    or    p  r    the    eity.    and    in    its 

.    in    the    manner    most    advantageous    to    the    eity.    any 
rending    bonds,    which    I  claims,    when    so    pur 

led,     ikaU     i.-     Imraedinl  i;     pmvi.li  .1.    this 

rigbs    shall     nut     affect    the     lignts    pi    the    holders    of     said 

Is,  ox  in  any  way  proven!  thorn  from  holding  the  same 

until  said  bonds  become  due  and  payable)  tiny  shall  also 
have  the  power  to  determine  ike  width  of  sidewalks,  and 
the    material    and    manner    of    tkeii    oanstraetioni    as    well 

as    the    grade    of    the    same;    tiny    shall    ajso    hive    the    power 
nVl     districts,    and    within    s;ii,l    distrie' 

vent    tin     sreetion  of  *rood*'s  buildings,    or    any    buildings 

eom posed    of   eomhustibl.     mat.  n:ils.   and    else    to    prevent    the 

further  repairing  of  sroodi  q  buildings,  within  the  fire  limits 

Plished. 

Further  powers. 

B<  ft.    •''•-"•     Said    council   shall    also   have  power: 

•  motion   of  sinks,  • 

1.  To   regulate   the  construction   of  sinks,   gutters,   wells. 

i  privy-vanltS,  and  te  OOnrpel  the  cleansing 
or  .  mptying  of  Ike  same,  and  the  time  and  manner  in  which 
the    work   shall  be  done. 

Anchorage    of   vessels,    etc. 

2.  To  regulate  the  anchorage  of  vessels  within  the  limits 
of  the  city,  and  to  prevent  obstructions  to  the  free  naviga- 
tion  of  all  navigable  n»at<  rs  within  the  same. 

Pollution   of  water. 

[arsons    from    throwing    into    any    stream, 
en  I  I.   bay,  or  other  body  of  water  within  the  limits  of 


TT7  MUNICIPAL    CORPORATIONS.  Act  2348.  §  .«0 

city,  from  vessels,  wharves,  or  other  places  any  dirt,  ballast, 
ashes,  garbage,  dead  animals,  or  other  materials  that  may 
obstruct  the  same  or  pollute  the  water  thereof. 

Open   streets. 

4.  To  open  streets  to  the  channel  of  any  navigable 
stream  or  creek  within  the  limits  of  the  city,  and  to  deep 
water  to  any  navigable  bay  or  lake  within  the  same,  and 
to  construct  and  maintain  public  wharves  at  the  ends  of 
such   streets. 

Eegulate  location  of  boilers,  etc. 

5.  To  regulate  the  location  of  steam-boilers,  the  putting 
up  of  signs  and  awnings,  and  the  construction  of  entrances 
to  basements  or  cellars  from  the  sidewalks. 

License   hacks,   etc. 

6.  To  establish  hack-stands,  and  to  regulate  the  rates 
of  charges  of  hacks  and  other  licensed  vehicles,  and  to 
require  a  schedule  of  such  charges,  printed  in  conspicuous 
type  and  satisfactory  to  the  council,  to  be  posted  in  a  con- 
spicuous place  in  each  hack  or  other  licensed  vehicle;  pro- 
vided, however,  that  the  standing  of  hacks  shall  not  be  per- 
mitted on  any  street  upon  which  railroads  operated  by  steam 
shall  be  used. 

To  compel  attendance  of  absent  members. 

7.  To  compel  the  attendance  of  absent  members  of  said 
council  at  any  of  the  meetings  thereof,  and  to  cause  the 
arrest  of  any  person  for  disorderly  conduct  at  their  meet- 
ings. 

Eegulate  speed  of  railway  engines. 

8.  To  regulate  the  speed  of  railway  engines  in  the  city, 
and  to  require  railroad  companies  to  station  flagmen  at 
street  crossings;  to  grant  franchises  permitting  steam  rail- 
roads upon  any  of  the  streets  of  the  city;  provided,  that 
the  same  shall  only  be  granted  after  two  weeks'  notice,  pre- 
viously published  in  some  newspaper  published  in  the  city, 
and  by  ordinance  passed  by  the  vote  of  two-thirds  of  the 
members  elected  to  said  council,  approved  by  the  mayor, 
and  upon  the  previous  petition,  in  writing,  of  the  owners  of 
two-thirds  of  the  front  feet  of  the  lands  upon  the  portion 
of  the  street  to  be  so  used. 


Act  234S.  §5  3J1.  rc_'     MUNICH  A        ■  -1:1'  >UATIONS.  T7S 

Regulate  entrance  to  and  from  theat>rs,  etc. 

9.  To  r<  gulatc  the  means  of  entrance  to  and  exit  from 
the  una,  public  hallf,  nnd  churches,  ami  to 
prohil.it  the  placing  "f  chain,  stools,  benches,  or  other  ob- 
structions in   the  '   Rich  building. 

Railway  companies   to   keep   certain   struts  in   repair. 

10.  To   require  railroad   companies  to  keep  the  street  in 

en  the  tracks  and  along  and  within  the  dis- 
tance ,,f  •  sid<  of  the  track  occupied  by 
the  company. 

Lie.  -        rtj    and    business. 

321.      They    shall  the    exclusive    right,    in 

the    man]  by    ordinance,   of    issuing   and    grant- 

ing licenses,  and  og  tax  Fox  the  benefit 

of  t!i.  oity,  upon  the  following  business  and  property,  to 
wit:  Upon  each  and  every  person  within  the  limits  of  the 
city  who  shall  vmd  an]  rarea  or  merchandise,  wines, 

Ued  or  fermented  liquors,  drugs,  medicines,  jewelry,  or 

w  ir 

nt   or   hire;    upon    persons   keeping  billiard 

ind    shooting-galleries;    also 

-us,  inn-keepers,  and  upon  all  persons  who  may 

s.  ||  any   malt,   spirituous   or   fermented    liquors 

or  wines  in  less  quantities  than  one  quart;  and  the  said  li- 
ined  quarterly  or  yearly.     Also  upon  any 

.ii  within  the  limits  of  the  city,  who  shall  keep  a  stal- 
lion,   jack,   bull,   or   ram,   and   who   shall    permit    the   same  to 

•ion    for    hire    or    profit, 
which  licens<    Bhal  lease;  all  of  which  licenses 

0  granted  by  BUeb  city  and  duly  obtained  by  the  person 
nr  pi  rsons  desiring  the  same,  shall  entitle  them  to  carry  on 
BTjeh  )  trade,  >>t  profession  in  such  city. 

Sales  and   1<  ases  of  city   property. 

All    sali  s    or    leases    of    property    belonging    to 

tli,  city  shall  be  by  public  auction  to  the  highest  bidder, 
and  upon  such  terms  and  conditions  as  the  council  may 
by  ordinance  direct;  and  all  contracts  for  supplies,  of  any 
kind,  for  more  than  five  hundred  dollars,  shall  be  let  to 
rii,.  i,,u,  bidder,  after  ten  days'  notice   given 

by    posting  the  same  in   three  of  the  most  public  places  in 


779  MUNICIPAL   CORPORATIONS.     Acts  2348,  J  §  323-3:5 

the  city,  or  by  publishing  the  same  in  any  newspaper  printed 
and  published  in  such  city. 

Licenses. 

S^c.  323.  Licenses  shall  be  discriminating  and  propor- 
tionate to  the  amount  of  business;  and  it  shall  be  the  duty 
of  the  council,  by  ordinance,  to  classify  all  kinds  of  business 
licensed  in  accordance  herewith. 

Ordinances. 

Sec.  324.     The   enacting  clause  of   all   ordinances  shall  be 

as  follows:  "The  mayor  and  council  of  the  city  of  

do  ordain  as  follows."  Every  ordinance  passed  by  the  city 
council  shall  be  presented  to  the  mayor  for  his  approval; 
if  he  approve  it,  he  shall  sign  it;  if  not,  he  shall  return 
it  at  the  first  meeting  of  the  council  held  after  five  days 
thereafter,  or  at  its  next  meeting;  when  the  city  council 
shall  reconsider  such  ordinance,  and  if  the  same  be  ap- 
proved by  a  vote  of  two-thirds  of  all  the  members  elected, 
and  not  otherwise,  tne  same  shall  take  effect  and  stand  as 
an  ordinance  of  such  city.  All  ordinances  shall  be  pub- 
lished for  one  week  in  a  newspaper  printed  and  published 
in  such  city,  as  often  during  such  period  as  such  newspaper 
shall  be  published. 

Fixing  rate   of   taxation. 

Sec.  325.  The  council  shall,  upon  the  first  Monday  of 
October,  in  •.•ach  year,  fix  the  rate  of  taxation  to  be  levied 
upon  all  property,  both  real  and  personal,  in  said  munici- 
pality necessary  to  raise  sufficient  revenue  to  carry  on  the 
various  departments  of  the  city  government  for  the  then 
ensuing  year,  not  to  exceed  one  dollar  for  each  one  hundred 
dollars  upon  the  assessment-roll,  and  to  pay  the  bonded 
and  other  indebtedness  of  said  city.  The  said  council 
must,  upon  fixing  said  amount,  transmit  a  statement  there- 
of to  the  county  auditor.  The  action  of  the  city  council 
in  fixing  the  rate  of  taxation  for  city  purposes  is  a  valid 
levy  of  the  rate  so  lixed  upon  all  property,  both  real  and 
personal,  in  the  said  city,  and  borne  upon  the  assessment 
roll  of  said  county,  and  has  the  effect  provided  in  sections 
three  thousand  seven  hundred  and  sixteen,  three  thou- 
sand seven  hundred  and  seventeen,  and  three  thousand 
seven  hundred  and  eighteen  of  the  Political  Code,  in  re- 
gard to  state  and  county  taxes.  The  county  auditor  shall 
thereupon   compute   and  enter,  in  a  separate  money  column 


Act  att.  if  sa.  ma  municipal  corporations.  rso 

it,  the  RSSCSBmeilt:  book,  the  respective  sums,  in  dollars  and 
rents,  rejecting  the  fractions  of  a  cent,  to  be  paid  as  a 
tax  on  the  property  therein  enumerated,  for  the  purposes 
of  Btrch  city  government,  and  foot  up  the  column,  shewing 
the    total    amount    of    such    taxes      The    tax.s    so    ],  vied    ami 

computed   shall   l.c   oollested   at   the  same  time  ami   in   the 

same     111:111m  r    as     -tat,     an.l     county  -.1     when    col- 

lected, shall  !><•  paid  into  the  county  treasnry  for  the  use 
of  said  city;  provided,  tliat  any  property  sold  for  such 
taxes  shall  be  subject  to  redemption  within  the  time  and 
in  the  manner  pro^  ided,  or  that  may  hereafter  be  provided 
by    law,    for    bhe  biot    of    pro;  |    for    state    or 

All    <1>  [iropcrt v 

for  taxes  or  special  assessments,  under  the  provisions  of 
this    chnpt<  r,    shall    have    lh(  and    effect    in    cvi- 

den,.  •   m;iv  Hereafter  be  provided  by  law  for  di 

for  property   Bold   for  non-payment   oil  I   1  ■ounty  taxes. 

The  county  tr.  n<un  r  must,  at  any  time  upon  the  demand 
r<  r  ami  mayor,  settle  with  the  < •  i t y  treas- 
on r,  and  pay  over  to  him  all  mmey*  in  the  county  treasury 
belonging  to  such  city,  taking  the  receipt  of  the  mayor 
and   citv    treasurer   therefor.     The   county    bretsurev   shall    re- 

.    as    eonpensation    for    all    *  rendered    under    tins 

Beation  as  tax  collector  and  treasure^  one  third  of  one  per 

■  •("  all  moneys  collected  and  paid  over  to  the  city  tr 
urer,    but    not    to    1  rc<  ■  '1    in    all    one    thousand    dollars    per 

annum.      Tin ur  I  rer    and     fcnx    collector    shall     be 

liable  on  his  official  bond  for  all  moneys  received  by  him 
under    the    provisions    of    this    section. 

Vote  by  yeas  and  nays  in  certain  cases. 

Sec.  32f>.  In  all  matters  before  the  city  council  con- 
cerning the  granting  <>f  franchises,  letting  of  contracts, 
auditing  of  bills,  ordering  of  work  to  be  don.  or  supplies 
to  be  furnished,  or  whatever  may  involve  the  payment 
of  money,  or  incurring  of  debt  by  the  city,  the  vote  shall 
be    l>y  yeas  and   nays,  and  be  recorded  in  the  journal. 

];<  striction  on  m<  ml 

S.  e.  387.  No  member  of  the  city  council  shall  vote  in 
the  council  upon  any  motion,  resolution,  or  ordinance,  in 
favor  of  any  franchise,  contract,  bill,  award,  or  appropria- 
tion,  in   which   he   may    have   any   pecuniary   interest,   present 

i>r   prospective. 


781  MUNICIPAL    CORPORATIONS.     Act  234'S,  §§  328,  329 

Debts. 

Sec.  S28.  The  city  council  shall  not  create,  allow  or 
permit  to  accrue  any  debt  or  liability  in  excess  of  the 
available  money  in  the  treasury  that  may  be  legally  ap- 
portioned and  appropriated  for  such  purposes;  nor  shall 
any  warrant  be  drawn  or  evidence  of  indebtedness  be  is- 
sued, unless  there  be  at  the  time  sufficient  money  in  the 
treasury  legally  applicable  to  the  payment  of  the  same,  ex- 
cept as  hereinafter  provided. 

Debt,  how  incurred  and  paid. 

Sec.  329.  If,  at  any  time,  the  city  council  shall  deem 
it  necessary  to  incur  any  indebtedness  in  excess  of  the 
money  in  the  treasury  applicable  to  the  purpose  for  which 
such  indebtedness  is  to  be  incurred,  they  shall  give  notice 
of  a  special  election  by  the  qualified  electors  of  the  city, 
to  be  held  to  determine  whether  such  indebtedness  shall 
be  incurred.  Such  notice  shall  specify  the  amount  of  in- 
debtedness proposed  to  be  incurred,  the  purpose  or  pur- 
poses of  the  same,  and  the  amount  of  money  necessary 
to  be  raised  annually  by  taxation  for  an  interest  and 
sinking  fund,  as  hereinafter  provided.  Such  notice  shall 
be  published  for  at  least  three  weeks  in  some  newspaper 
published  in  such  city,  as  often  during  said  period  as  said 
newspaper  shall  be  published;  and  no  other  question  or 
matter  shall  be  submitted  to  the  electors  at  such  election. 
If,  upon  a  canvass  of  the  votes  cast  at  such  election,  it 
appear  that  not  less  than  two  thirds  of  all  the  qualified 
electors  voting  at  such  election  shall  have  voted  in  favor 
of  incurring  such  indebtedness,  it  shall  be  the  duty  of 
the  city  council  to  pass  an  ordinance  providing  for  the 
mode  of  creating  such  indebtedness,  and  of  paying  the 
same;  and  an  annual  tax  shall  be  levied  and  collected 
upon  all  the  real  and  personal  property  subject  to  taxation 
within  such  city,  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due;  and  also  to  constitute  a  sink- 
ing fund  for  the  payment  of  the  principal  thereof,  within 
a  period  of  not  more  than  twenty  years  from  the  time  of 
contracting  the  same.  It  shall  be  the  duty  of  the  city 
council,  in  each  year  thereafter,  at  the  time  at  which  other 
taxes  are  levied,  to  levy  a  tax  sufficient  for  such  pur- 
pose, in  addition  to  the  taxes  by  this  chapter  authorized 
to  be  levied.  Such  tax,  when  collected,  shall  be  exclusively 
appropriated  to  the  payment  of  the  principal  and  interest 
of  such  indebtedness,  and  the   city  treasurer  shall  be  liable 


Act  2348,   §§  330-333  MUNI'  IT  \  L    CORPORATIONS.  W2 

upon  his  official  bond  for  any  part  of  said  fund  otherwise 
used  or  appropriated. 

Separate    fond. 

'I  be  the  doty  of  the  eity  council  before 
levying  the  annoal  city  ,:1N-  to  establish,  by  ordinance, 
separate  funds,  representing  the  several  funded  obliga- 
,  ii'  .- 1 1 1 \- .  and  the  several  departments  r< 
quiring  municipal  expenditures,  including  a  general  fund, 
and   the   perc<  said  levy  shall   be   named   fox  each 

fund,  and   the  whole  amount   of  taxes  and   revenues  of  the 
city  apportioned  accordingly,  and  do  transfer  shall  be  made 
:t    of    balances    in    exeess,    oz    from    the    general    fund 
tn    meet    defl<  t   to    provide    to*   the   redemption   of 

'iiy   I Is 

ed   iii'h  bto  on   paid. 

331.  Any  city  having  a  bonded  indebtedness,  con- 
tract.■>!  under  laws  heretofore  passed,  shall  levy  such  taxes 
for  the  payment  of  Buch  indebtedness,  and  the  interest 
thereon,  as  ;irr  ]  >r>\  i<li  <1  for  in  BUCh  laws,  in  .*  i .  1 . 1  i  t  i  <  ►  n  to 
the  tax-s  in  r<  in  authorized  to  be  levied.  All  moneys  re- 
ceived  from  licenses,  and  from  rims,  penalties,  and  for 
tures,  shall  be  paid  into  the  general  fund. 

ing  iii-w  street*. 

The  city  eouneil  shall  liave  power,  upon  the 
payment  of  just  compensation,  to  lay  out  and  open  new 
sin  its,  lanes,  alleys,  courts,  and  places  within  the  cor- 
porate limits  of  the  eity,  but  shall  have  no  power  to  sub- 
ject   the  eity  r,  except  for  the  neces- 

sarv  expense  of  surveying  and  mapping  out  the  same,  and 
whin  said  Streets  are  so  laid  out  and  opened,  the  pro- 
visions  of    this    chapter   shall    be    applicable    thereto. 

License   on    common    can 

333.  Tin  city  council  of  said  city  shall  have  power 
to  issue  and  collect  an  annual  tax  license  on  drayimn, 
cabmen,  omnibus  proprietors,  expressmen,  and  other  com- 
mon carriers  doing  business  in  the  city,  the  proceeds  of 
said  licenses  to  be  devoted  to  8  Street-department  fund  for 
keeping  in  repair  the  streets  in  the  city.  Said  annual 
lie,  use  not  to  t><  m..re  than  twelve  dollars  nor  be  less  than 
eight   dollars   for  such  persons  so   lie  - 


733  MUNICIPAL    COP.POUATIOXS.     Aci*23iS,  §$  :j:J4^7 

Widening  streets. 

Sec.  334.  The  city  council  is  empowered  to  open,  ex- 
tend, and  widen  streets,  and  to  modify  the  boundaries 
thereof  within  its  corporate  limits,  and  to  determine  the 
property  benefited  thereby,  and  to  assess  the  expenses  of 
such  improvement  upon  the  property  benefited,  as  herein- 
after provided. 

Proceedings,  how  commenced. 

Sec.  335.  All  proceedings  under  said  power  shall  be  com- 
menced by  petition  of  five  or  more  residents  and  freeholders 
within  the  city,  signed  by  the  petitioners,  addressed  to 
the  city  council,  and  filed  with  the  clerk  of  said  council. 
Such  petition  shall  contain; 

1.  The  names  of  the  petitioners,  and  a  statement  that 
each  of  the  petitioners  is  a  resident  and  freeholder  within 
the  city; 

2.  A  statement  that,  in  the  opinion  of  the  petitioners, 
the  public  interests  require  that  the  improvement  asked 
for    (describing  it  generally)    should   be   made; 

3.  A  request  that  the  council  proceed  to  order  the  im- 
provement made. 

Duty  of  council. 

Sec.  336.  At  the  regular  meeting  next  after  the  meet- 
ing at  which  the  petition  is  presented  to  the  council,  or 
at  any  subsequent  meeting  to  which  the  proceedings  may 
be  regularly  adjourned,  the  said  council  may,  by  resolu- 
tion duly  passed,  determine  the  lands  to  be  benefited  by 
the  improvement  asked  for  in  the  petition,  and  to  be 
assessed  for  the  expenses  thereof.  Said  resolution  shall 
contain  a  description  of  each  lot,  piece,  or  parcel  of  laud 
necessary  to  be  taken  and  condemned  for  such  improve- 
ment, and  shall  also  specify  the  exterior  boundaries  of 
the  district  of  land  benefited  thereby,  and  to  be  assessed 
therefor,  and  shall  direct  the  city  engineer  to  mak.  a  sur- 
vey and  map  of  the  lands  described  in  the  resolution, 
a  copy  of  which  resolution  shall  be  forthwith  transmitted 
by  the  clerk  of  said  council  to  the  said  city  engineer. 

Duty  of  city  engineer. 

Sec.  337.  It  shall  be  the  duty  of  the  city  engineer, 
immediately   upon   receiving  a   copy   of  the   resolution   men- 


Act  1348.  $  i  33$,  «S»    MUNICIPAL    CORPORATIONS.  TS4 

tioned  in  section  four,  to  survey  the  lands  described  in 
said  resolution  and  make  a  map  thereof,  and  to  return 
said  map  to  said  council  within  twenty  (20)  days  from 
the  receipt  by  him  of  said  copy  of  the  resolution;  said 
map  shall  show  each  piece,  tract,  or  parcel  of  land  neces- 
sary to  be  taken  and  condemned  for  said  improvement, 
and  also  the  exterior  boundaries  of  the  district  to  be 
benefited  by  such  improvement  and  to  be  assessed  on  ac- 
count of  the  cost  and  expense!  thereof,  aa  declared  in  the 
resolution,  and  the  area  thereof,  exclusive  of  public, 
streets  and  alleys.  Said  city  engineer  shall  have  the 
right  to  enter  upon  the  lands  and  make  examinations  and 
surveys  thereof,  and  such  entry  shall  constitute  no  cause 
ol  action  in  favor  of  the  owners  of  said  lands,  except  for 
injuries  resulting  from  negligence,  wantonness,  or  malice. 

Preliminary  resolution. 

338.  The  council,  at  its  regular  mooting  next  after 
the  return  of  the  map  by  the  city  engineer,  shall  pass  a 
preliminary  resolution,  declaring  the  intention  of  the  cor- 
poration to  make  the  improvement  asked  for  in  the  peti- 
tion. Sniil  resolution  shall  contain  a  description  of  each 
piooo,  lot,  or  tract  of  land  necessary  and  Bought  to  be 
taken  ami  condemned  for  the  improvement,  and  also  the 
•ior  boundaries  of  the  district  of  lands  to  1>.'  benefited 
theroliv,   ami   assessed    Cor   tin-   expenses   thereof;    the   r. 

lution  shall  also  Specify  a  time',  not  more  than  fifteen  (15) 
days  from  the  passage  thereof,  for  the  hearing  by  said 
council  of  objections  to  the  proposed  improvement,  ami  said 

resolution  shall  be  publishetl  in  at  least  ono  daily  paper 
printed  and  circulated  in  the  city,  elaily  (Sundays  and  non- 
judicial  days  excepted),  for  at  least  ten  (10)  days  prior  to 
the  time   fixed   for  said  hearing. 

Objections. 

Sec.  339.  If  a  majority  of  the  owners  of  the  lands  in 
area  to  be  assessed  for  the'  ,  xponses  of  said  improvement 
shall,  on  or  before  the  day  fixed  by  sai<l  resolution  for  the 
hearing  of  objections,  appear  and  protest  against  said 
improvement,  the  proceedings  shall  be  discontinued;  pro- 
vided,  however,  that  such  protest  must  be  in  writing,  and 
shall  contain  a  description  of  the  land  claim.  .1  hy  each  pro- 
testant;  ami  provided  further,  that  the  couiii'il  may,  by  a 
unanimous   \<>t>'   ol    all    its   members,   a.ppru\ed   by   the   mayor, 


785  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  340-342 

proceed    to   cause    such   improvement   to    be    made,   notwith- 
standing such  protest. 

Final   resolution. 

Sec.  340.  If  the  owners  of  a  majority  in  area  of  the 
property  to  be  assessed  for  the  expenses  of  said  improve- 
ment fail  to  appear  and  protest  as  provided  in  section  seven 
or  if  the  council,  by  a  unanimous  vote,  approved  by  the 
mayor,  order  said  improvement  to  be  made,  said  council'  must 
immediately  pass  a  final  resolution,  declaring  such  deter- 
mination. Such  resolution  shall  refer  to  the  said  prelimin- 
ary resolution,  by  its  number,  for  a  description  of  the  lands 
necessary  and  sought  to  be  taken  and  condemned  for  said 
improvement,  and  the  district  to  be  assessed  for  the  ex- 
penses  thereof. 

Uommissioners  to  assess  damages. 

Sec.  341.  Immediately  after  the  passage  of  such  final 
resolution,  the  council  shall  apply  to  the  superior  court 
of  the  county  in  which  such  city  is  situated,  either  in 
term-time  or  vacation,  by  petition,  for  the  appointing  of 
three  commissioners  to  assess  the  compensation  which  shall 
be  paid  to  the  owners  thereof  for  the  lands  sought  to  be 
taken  for  such  improvement,  and  to  assess  upon  the  prop- 
erty within  the  district  to  be  benefited  thereby  the  costs 
of  such  improvement.  Said  petition  shall  recite  all  the 
proceedings  had  in  the  premises,  and  shall  specify  the  ex- 
terior boundaries  of  the  lands  sought  to  be  taken,  and  also 
the  exterior  boundaries  of  the  district  of  lands  to  be  bene- 
fited thereby,  and  assessed  for  the  expenses  xherecf.  A 
copy  of  the  map  made  by  the  city  engineer  shall  be  annexed 
to  said  petition,  and  may  be  referred  to  in  the  petition  for 
a  description  of  the  lands  aforesaid. 

Duty  of  court. 

Sec.  342.  Upon  thing  such  petition,  such  court  shall 
pass  and  take  such  jurisdiction  of  such  proceeding,  and 
such  court,  or  a  judge  thereof,  shall,  by  order,  fix  a  day 
for  the  hearing  of  such  petition,  which  shall  be  not  less 
than  ten,  nor  more  than  twenty  days  from  the  date  of  such 
order.  Such  order  shall  further  direct  notice  of  the  time 
and  nlace  of  such  hearing  to  be  given  by  the  clerk  by  pub- 
lication in  two  daily  newspapers  published  in  such  city, 
Gen.  Laws- 50 


IRATTON8.  TO 

and  designated  in  such  ord<  r,  fur  at  least  a  pt  riod  of  ten 
days   i 

Requisi! 

h    notice    shall    specifv    the    exterior   bound- 
aries of   the   lands  aengn.1  improve- 
the  landi                                             I  thereby  and 

!.    and     >«h:i  li     fur- 
ther Btatc   tl  which  the  owner  or  ow 

•i    !nav    b  I    for    the 

•    "ill   be   inquired   into  and   determined,  and   that    - 

if    the    proceedings    for 

.irin£   titl<>    to   such    ]nn<ls,   and    making   apportion- 

will    be    apportioned    and  apsn    the 

thereby,    by    nmissioaefs    to    l>e 

appoint.  .1  by  such  court,  on  the  day  fixed  by  such  order 
for  the  hearing.     Such   notice  shall  shod  <liiily   Cor 

at  leaal   ten  i  lays  and  nonjudicial  d  pted) 

In  fore  such  ! 

At    tho   time   fixed    for   the   hearing,  or   at    such 
other    tin  miht    may    tie    ad  jourtn  <1    to.    the    court 

II    prt 1    to   h>  Mr   any    person   interested   touching   the 

ilarity  of  the  _'s,  and  If  satisfied  that  the  pro- 

r,   shall   appoint   three   competent 

and  di^tinti  r  ■         The  eourl  any 

tim<  fot  c:iuse.  apoo 

ring,    :ind    mny    fill    the    vacancies 

raong    them    from     any    cause.      Any    persons    in- 

t »  r.  - .  ■  ■  i    may    object    to    the    appoint  uu-nt    of    any    person    as 

commissioner,  on   one  or  nior<    of   the   groundB  specified    in 

ix  hundred  and   f»Tty*ane  of  the  Code  of  ''ivil  Pro- 

eedure,  as  grounds  for  the  objection  to  the  appointment  of 

Duty  of  commissioners. 

shall     ho    sworn     to     faithfully 
perform    th.ir    d..  rding    to    the    proTisions    of    this 

ehaptt  r.  They  shall  then  proc<  ed  to  view  the  lands  d&i  n- 
tioned  and  described  in  such  resolution  and  petition,  and 
may  examine  witnesses  on  oath,  to  be  administered  by  any 
one  of  them,  and  shall  keep  minutes  of  the  testimony  so 
taken;   they   shall   ascertain   and   appraise   the   value  of   the 


787  MUNICIPAL   CORPORATIONS.  Act  L'34S,  §  i« 

property  sought  to  be  taken  for  the  improvements,  and  of 
all  improvemtnts  thereon  partaking  of  the  realty,  and  of 
each  and  every  estate  therein;  if  it  consist  of  different 
parcels,  the  value  of  each  parcel  and  each  estate,  or  inter- 
est therein,  shall  be  separately  appraised;  if  this  prop- 
erty sought  to  be  taken  constitutes  only  a  part  of  a  larger 
parcel,  the  damages  which  will  accrue  to  the  portion  not 
sought  to  be  condemned  or  taken,  by  reason  of  the  sev- 
erance from  the  portion  sought  to  be  taken,  and  the  con- 
struction of  the  improvement  in  the  manner  proposed  shall 
be  appraised  by  said  commissioners;  they  shall  also  as- 
certain and  determine,  as  near  as  may  be,  the  entire  costs 
of  the  proceedings  for  the  opening,  extension,  or  improve- 
ment aforesaid,  including  the  costs  of  court  and  of  com- 
missioners; they  shall  then  proceed  to  apportion  and  as 
sess  the  whole  amount  of  such  costs  and  expenses,  value 
of  property  sought  to  be  taken,  and  damages  to  property 
not  taken,  upon  the  property  within  the  district  declared  b* 
the  resolution  of  the  council  to  be  benefited  by  said  im- 
provement, and  shall  assess  each  tract,  lot,  piece,  or  pareei 
of  land  within  said  district  in  proportion  to  the  benefits 
received    by   it   from   said   improvement. 

"Report. 

Sec.  346.  The  said  commissioners,  within  a  time  to  be 
fixed  by  the  court,  shall  make  a  report  of  their  proceed- 
ings, under  their  hands,  or  the  hands  of  a  majority  of 
them,  to  the  said  court,  in  which  report  they  shall  describe, 
with  common  certainty,  the  several  parcels  of  land  sought 
to  be  taken  for  such  improvement,  and  the  names  of  the 
owners  thereof,  respectively,  so  far  as  they  can  be  as- 
certained, designating  unknown  owners,  if  any  such  there 
be,  and  the  sum  of  money  which  should  be  paid  to  each 
of  said  owners,  as  his  or  her  compensation  for  the  land 
necessary  and  sought  to  be  taken  and  condemned  for  such 
improvement,  or  of  his  or  her  estate,  therein;  and  in 
case  only  a  part  of  a  larger  parcel  has  been  taken  for  such 
improvement,  and  the  remaining  portion  is  damaged  or 
benefited  thereby,  they  shall  describe  such  remaining  por- 
tion, and  specify  the  sum  to  be  paid  or  assessed  to  the 
owner  thereof,  or  such  damages  or  benefits  as  the  case  may 
be;  they  shall  also  describe,  with  common  certainty,  the 
several  parcels  of  land  within  the  district  deemed  to  be 
benefited  by  said  improvement,  and  the  names  of  the  own- 
ers thereof,  so   far  as  they  can  be   ascertained,  designating 


Act  848,  §5  MT  ISO    MTJ1  788 

unknown  If  such  there  be,  n n<l  the  sum  of  money 

which   is   assessed    upon   eaefa   particular  parcel,  and  which 
should  be  paid  by  the  owner  tie  r 

ions. 

n    the    filing   of   Buoh    report,    the    <*:\\<]    court 

■hall,    by   order,   fix    ■   day    for    tearing   objection!    to    the 

rotation    thereof,   and    shall    direct    not    •    oi    the    time 

and  be   gives   by   the   eli  rk.  by 

publication    in   a   daily    newspaper    pnblished    in    said   city, 

and   inuijuiliri.il   daye  ex- 
i  ><»g- 

11.  aril 

Bee,  'i    tlio   day   fixed    for   the   hearing,   the   court 

shall   proceed  to  hear  any  person  interested  upon  any  i 
Hon    touching    I  I    the    proceedings^   thi    suffi 

n    awardi  -I,    or    the    iu^t ii-<-     nr 

■  .1    may   eonfinn   sai.l    report 

.  oi    remand  the  tame  for  correction 

ion  in  any  particular.     If  the  reporl  be  sel  aside, 

matter  may  in  like  manner  l"-  referred  to  the  same  ox 

rt,  who  shall   pro- 
as hereinbefore   provided;   if  I  I    be  remanded, 
Lt  si                                    or  I    tered   in   any   particular   required 
by  the  court. 

Compensation  of  commissioners. 

Bee,   849.     The   commissioners   shall   be   entitled    to    rea- 
omp<  Deal  r  their  to  be  c<  rtified  to 

and  taxed  as  part  of  the  expenses  of  the  pro- 
ng. 

Judgment,  what  to  contain. 

n  confirmation  of  the  report  of  th< 
ion-  rs,  judgment  shall  be  rendered  by  the  eonrl 
thereon,  which  judgment  must  describe  each  panel  of 
land  taken  for  Buch  improvement,  and  the  amount  to  which 
the  owner  is  entitled  as  compensation  or  damages  for  the 
taking  thereof,  and  the  nam.-  of  such  owner  or  owners,  U 

known;    and    in    .-as.     only    a    portion    of    a    larger    pare  1    n 
taken,   such   judgment    must    d<  BCribe   such    remaining    por« 
and    the    amount,    if    anything,   to    which    the   owner 
tin  ]  titled  as   dam  _■•  a;    and    must 

■  i    land  assessed   for  the  expenses  of  such  iiu- 


789  MUNICIPAL   CORPORATIONS.     Act  2318,  §§  351-355 

provement,  and  the  amount  so  assessed  upon  each  parcel 
respectively.  Such  judgment  shall  direct  a  sale  of  each  par- 
cel so  assessed,  or  so  much  thereof  as  may  be  necessary 
to  pay  the  amount  of  such  assessment  and  expenses  of  sale, 
and  the  application  of  the  proceeds  of  such  sale  to  the  pay- 
ment of  the  expenses  of  such  sale,  and  the  amount  of  com- 
pensation and  damages  awarded  by  such  judgment.  Such 
judgment  shall  be  a  lien  upon  the  property  against  which 
such  assessment  is  made,  and  may  be  enforced  by  a  sale 
of  the  property  assessed,  as  hereinafter  provided. 

Enforcement  of  judgment. 

Sec.  351.  Within  thirty  days  after  the  entry  of  such 
judgment,  the  persons  liable  must  pay  to  the  clerk  of  the 
court,  for  the  benefit  of  the  parties  entitled  thereto,  the 
several  amounts  specified  in  such  judgment,  in  default 
of  which  the-  respective  parcels  of  land  upon  which  such 
assessments  have  not  been  paid  shall  be  sold  by  tne 
sheriff  of  such  county  under  a  certified  copy  of  such  judg- 
ment, and  in  the  manner  provided  by  law  for  the  sale  of 
property  upon  decree  of  foreclosure  of  mortgage. 

Money,  to  whom  paid. 

Sec.  352.  The  moneys  realized  from  such  sale  shall 
be  paid  by  the  officer  making  the  same,  to  the  clerk  of 
the  court,  for  the  benefit  of  the  parties  entitled  thereto. 

Final  order. 

See.  353.  Whenever  the  aggregate  amount  of  damages 
or  compensation  awarded  by  such  judgment  shall  have 
been  paid  to  the  clerk,  either  by  voluntary  payment  or  as 
moneys  realized  from  3ales  under  such  judgment,  the  court 
must  make  and  enter  a  final  order  or  decree  of  condem- 
nation of  the  lands  taken  for  such  improvement,  which 
order  or  decree  shall  describe  the  property  condemned  and 
the  purpose  of  such  condemnation. 

When  title  vests. 

Sec.  354.  A  copy  of  such  order  or  decree  must  be  filed 
in  the  office  of  the  recorder  of  such  county,  and  thereupon, 
the  property  described  therein  shall  vest  in  such  city  for 
the  uses  and  purposes  therein  specified;  and  such  city  shall 
be  entitled  to  and  may  take  immediate  possession  thereof. 

Payment  of  awards. 

Sec.  355.  Whenever  the  aggregate  amount  of  damages 
or    compensation    awarded    by    such     judgment    shall    have 


Act  2M8.   {{  3^6-070     HVtil  T8Q 

come    to    the    liar. Is    of    t In-    clerk,    he    shall,    anon    the    ■  !■ 

■i   of   any 
amount  awarded  to  him  01  •  ut. 

I  timant. 

s.  re    than   om     claimant    to  any 

1    of    land     b  m<  at,    oz    if    the 

owner  of   anj    parcel  la   ti ti kn«>\s                 mount  aw 

damages  or  <  iking   thereof  Buall 

main    in    court     to  rded    to    tLe    true    owner    by    diu 
process  of  law. 

Apj" 

Bee,   85T.     Any   party   filling  by  any  pi 

r<  La    pr.i\ . 

. 

Appoints  Ilea. 

The  city  council   shall   net  •    to  ap- 

point   a  amber  of  1"    •  qnal 

*  be    populal  ion   "i"  such 
city.     No  policeman  oi  »f  the  ti'  -ha.il 

.  .  il     from  < . r «It  r    anil     d 

timi  of  tiic  mayor,  and  after  charge*  in   writ. 
made  agaissj   him. 

bees    I  ■  n r«l   in   public  in  ti  nei   to  b< 

scribi.il   by  ordinal 

Bupply  ' 

-    and    water    pipei    laid  in    any 

macadamized,  >t   .  nraai    be  of  raffletent   capa- 

city to  afford  a  fre<   supply 

the    'list  i  :  - •  1  i «  (1 

by  such  From 

which 

sitv  and  Bhall  1"    made  by  m  i  r,  an.l 

approved    bj    the   council.     It     Bhall    be 

:  for  I 

Ing  of  gas  and   v  -   in   tin    public 

Article   IV. — Executive    1>i  partmrnt. 
E>Qty  of  mayor. 

370,     The  mayor  shall  preside  at  all  meetinsja  of  th<- 
(.•it  v  council,  but  I  pro  t.  m 

j. orv   to   preside   during   his  absence.     11<    shall   commas 


791  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  371,  iVZ 

to  the  council  semi-annually,  or  oftcncr  if  necessary  a  gen- 
eral statement  of  the  situation  and  condition  of  the  city,  to- 
gether with  such  recommendations  relative  thereto  as 
he  may  deem  expedient.  He  shall  be  vigilant  and  active 
in  causing  the  ordinances  of  the  city  to  be  executed  and 
enforced.  He  shall  be  the  head  of  police,  and  shall  ex- 
ercise a  supervision  and  control  over  the  conduct  of  all  sub- 
ordinate officers,  and  receive  and  examine  into  all  com- 
plaints preferred  against  any  of  them  for  violation  or 
neglect  of  duty,  and  certify  the  same  to  the  council.  He 
shall  sign  all  ordinances  and  contracts  made  on  behalf 
of  the  city,  and  countersign  all  licenses  and  warrants 
on  the  treasury.  He  shall  keep  accounts  current  with 
every  officer  charged  with  the  receipt  or  disbursement  of 
money,  and  perform  all  the  duties  of  an  auditor.  He  shall 
perform  such  other  duties  as  may  be  prescribed  by  law  or 
ordinance. 

Allowance  of  demands. 

Sec.  371.  Every  demand  upon  the  treasury,  except  for 
the  salary  of  the  mayor,  must,  before  it  can  be  paid,  be 
presented  to  the  mayor,  to  be  allowed,  who  shall  satisfy 
himself  whethei  the  money  is  legally  due  and  remains 
unpaid,  and  whether  the  payment  thereof  from  the 
treasury  of  the  city  is  authorized  by  law,  and  out  of 
what  fund.  If  he  allow  it,  he  shall  indorse  upon  it  the  word 
' : Allowed, "  with  the  name  of  the  fund  out  of  which  it  is 
payable,  with*  the  date  of  such  allowance,  and  sign  his 
name  thereto;  but  the  allowance  or  approval  of  the  mayor, 
or  of  the  city  council,  or  of  any  other  board  or  officer, 
of  any  demand  which  upon  the  face  of  it  appears  not  to 
have  been  expressly  made  by  law  payable  out  of  the 
treasury  or  fund  to  be  charged  therewith,  shall  afford  no 
warrant  to  the  treasurer  or  other  disbursing  officer  for  pay- 
ing the  same.  The  demand  of  the  mayor  for  his  salary 
shall  be  audited  and  allowed  by  the  president  pro  tempore 
of  the   city  council. 

Duty  of  chief  of  police. 

See.  372.  The  chief  of  police  shall  execute,  within  the 
city,  and  return  all  process  issued  and  directed  to  him  by 
the  city  justices,  or  either  of  them,  arrest  all  persons 
guilty  of  a  breach  of  the  peace,  or  of  a  violation  of  any 
ordinance  of  the  council,  and  take  them  before  the  proper 
magistrate  within  the  city;  and  do  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinance  or  may  be  required 
by  the  mayor. 


■ 

tendent. 

•  roperinti 
!   l.v  hire,  shall  have  th<    same  I 
and  find   eopi  i   from, 

3nly  certified,  ritb  *ho  aann   affect 

jhall,   during   all 
hours    I  '  •    eitiaen  mailing  to 

examine   tin  in.   fr 

Offic  at. 

ill  keep    a    pub 

]i.-    ofTrce    in  led   by 

the    city   council,    nml    such    r<  cords   ns    m  [aired    bv 

law.     Tic  sir,'                         and   direct   the   al  I  all 

■ 

shall    be    paid    OOt  r       •  nt    fund,   and 

p<  rfonn   all   «l«i t ':<  i  I   by   law   or  ordinance  of  such 

mperintendent. 
8T5.     Tt   thai]  '  ity   of   the   street   snperinten 

hat    the    1 
..•    public    Street*    and    highways    are    folly    carried    int.. 
;tion.   nn.l    thai    the    penalties    therefoT    are     regularly 
reed.     He    shall    keep   himaelf    informed    of    the    eondl 
tion    of    nil    pnbli  and    highways,    and   also   of   all 

public  buildings,  parks,  lots,  and  ground  of  the  city,  as  may 
ibed  by  I  acilj  and  should  he  fail  to  see  the 

•    .  rs.  and   regulations  relative   to  the  public  Str 

and    highways   carried    into   execution,   aft    I  from  tiny 

''    a    violation    tin  not",    he    and    his    Sureties    shall    be 

liable  opon  his  official  bond  to  any  person  injured  in  person 
or  prop*  rty  i 

No   recourse   on    city    for   certain    dam    . 

•-  ld<  d       Str 

public  highway,  improved  nnder  the  •  -  of  this  chap- 

lir,    and    in    a    condition    to    en. I. 

persons  01  animals  passing  therein,  any  person  while  • 

fully    using    such    street    or    public    highway,    and    i 
ordinary    care    to    avoid    sucb    d  <r    damage    to    his 

person,  or  if  any  animals  or  other  property,  being  lawfully 

ridden,    driven,    or    convey  d    through    BUCfa    stn.  t     or    public 

highway,    be    injur..!,    lost,    or    destroyed    through    any    such 

t    therein,    SO  for   damages   thus  suffered   shall 


f93  MUNICIPAL    CORPORATION'S.    A*t  8848,.  $§  377-880 

be  had  against  the  city;  hut  if  such  defect  in  such  stroot 
or  public  highway  shall  have  existed  for  a  period  of  twenty- 
four  hours  or  more  after  notice  to  the  street  superintendent, 
then  the  street  superintendent,  and  also  all  other  officers 
through  whose  official  negligence  such  defect  shall  have 
remained  unrepaired,  shall  jointly  and  severally  be  liable 
to   the   party  injured  for   the   damages   so   sustained. 

City  engineer,  appointment  of,  and  duties. 

Sec.  377.  The  city  council  shall  have  power  to  appoint  a 
city  engineer,  and  by  ordinance  to  prescribe  his  duties  and 
fix  his  compensation,  not  to  exceed  eighteen  hundred  dol- 
lars per  annum.  It  shall  be  the  duty  of  the  city  engineer 
to  do  the  surveying  and  other  work  necessary  to  be  done 
b;  law  or  any  ordinance  of  said  city,  and  to  survey,  meas- 
ure, and  estimate  the  work  done  and  to  be  done  under 
contracts  for  grading  streets;  and  every  certificate  of  work 
done  by  him,  signed  in  his  official  capacity,  shall  be  prima 
facie  evidence  in  all  the  courts  of  this  state  of  the  truth 
of  its  contents;  he  shall  also  keep  a  record  of  all  surveys 
made  by  him. 

Duties  of  treasurer. 

Sec.  378.  The  treasurer  shall  receive  and  pay  out  all 
moneys  belonging  to  the  city,  and  keep  an  account  of  all 
receipts  and  expenditures,  under  such  regulations  as  may 
be  prescribed  by  ordinance;  he  shall  make  a  monthly 
statement  to  the  council  of  the  receipts  and  expenditures 
of  the  preceding  month,  and  in  nis  capacity  as  city  clerk 
he  shall  keep  all  the  papers  and  documents  belonging  to 
the  city,  attend  ohe  meetings  of  the  council,  and  keep  a 
journal  of  their  proceedings,  and  a  record  of  all  their  or- 
dinances, and  shall  do  all  other  things  required  of  him  by 
ordinances. 

Reports   of   officers. 

Sec.  379.  It  shall  be  the  duty  of  the  several  elected 
and  appointed  officers  of  said  city,  whenever  required  by  the 
city  council,  to  make  reports  to  the  said  council,  and  in 
the  manner  required  of  them,  and  in  their  reports  to  embody 
all  the  matters  and  information  required  pertaining  to  the 
duties  of  their  respective  offices. 

Other  necessary  affairs. 

Sec.  380.  The  city  council  may  provide  by  ordinance  for 
the  election   or  appointment  of  any  other  officer  or  officers 


••.  St  S90-3&3     Ml  N  79' 

Mary     f'>r    the    good    government    of    U  and 

tl,,    proper   adaui    stratien  'lie  interest,  and  shall 

ribe   tli>  ir  duties   tad    '  Bae,  and    tix    tin  ir   ruin- 

pensati'Mi. 

Artirl.      V.       I  rtimnt. 

P.)  ]  i  r-.     rmirt. 

The  judicial  i  awi  r  of  the 

in    :i    pol 

•,.  mi,    to  b(  ''  of 

said    « -  i  t  \  '      ■    I    SUCh    di 

natii  i  ich   city 

.   in   addition  [aired  of  then   by 

l:iw,   to   lio l •  l    -  i    court. 

Jurisdiction. 

891.       The    police    court    shall    have    exclusive    juris- 
diction  of    the    following  pubUe  inittad    i:i 

city: 

l.  I',  tit  lara  i 

ry,  not  charged  to  have  beea  cammitted 

n  a  public  offti  ■•  ■' ■<!>'.  or  with 
intent    to   kill; 

::.   r.r.  aoh<  B  "f   tin    pet  g   will- 
ful   injury    t>>    property,    and  all    mil               its    punish 
1>\    fine  >>r  l>y  Lsapriaoament,  or  by  l>"th  such   One  aad  tn> 

nt ; 

i.  (>f  jr  respecting  vagrants,  letwd  or  disorderly 

DBS. 

Jurisdiction. 

s.r.   392.     Said   c>urt  shall   also   have   exclusive  jurisdic- 
tion  of   all    proceedings   for   violation   of   any   ordi 
said  city,  both  civil  and  criminal,  :iud  of  an  action  f'>r  the 

ell,  ny    license   rcjuind    by    any   or.i 

city. 

Justices   inhibited   in   certain  cases. 

Sec.    393.       Neither    "t"    Baid    justices  shall    sit    in    cases    in 

which    he   is   a    party,   or   in    which    In  >r   win  re 
be    is   r<  lated    to    either    party    b 

within    the    third   degree,   and    in  .  >s   or    in- 


793  MUNICIPAL    CORPORATIONS.    Act:. 

ability  of  the  city  justices,  either  of  them  may  call  in  a 
justice  of  the  peace  residing  in  the  county  to  act  in  his 
place  and  stead. 

Powers  of  justices. 

Sec.  394.  Each  of  the  city  justices,  while  acting  as  judge 
of  said  court,  shall  also  have  power  to  hear  eases  for 
examination,  and  may  commit  and  hold  the  offender  to 
bail  for  trial  in  the  proper  court,  mil  may  try.  condemn, 
or  acquit,  and  carry  ^is  judgn  ".t  into  execution  as  the 
ease  may  require,  according  to  law,  and  punish  persona 
guilty  of  contempt  of  court;  and  shall  have  power  to  issue 
warrants  of  arrests  in  case  of  a  criminal  prosecution  for  a 
violation  of  a  city  ordinance,  as  well  as  in  ease  of  the 
violation  of  the  criminal  law  of  the  state;  also  all  sub- 
poenas, and  all  other  processes  necessary  to  the  full  ami 
proper  exereise  of  his  powers  and  jurisdiction;  and  in  such 
of  the  cases  enumerated  in  this  section  in  which  trial  by 
jury  is  not  secured  by  the  constitution  of  the  state,  he  may 
proceed  to  judgment  in  the  first  instance  without  a  jury,  but 
on  appeal  the  defendant  shall  be  entitled  to  trial  by  jury 
in  the  superior  court. 

Clerk  of  court. 

Sec.  395.  The  police  court  shall  have  a  clerk,  to  be 
appointed  by  the  city  council,  upon  the  nomination  of  the 
mayor,  who  shall  hold  office  during  the  pleasure  of  the 
council.  The  clerk  shall  keep  a  record  of  the  proceedings 
of  and  issue  all  process  ordered  by  the  city  justices,  or 
either  of  them,  or  by  said  police  court,  and  receive  and 
pay  weekly  into  the  city  treasury  all  fines  imposed  by  said 
court.  He  shall  also  each  month  render  to  the  mayor  (as 
auditor)  an  exact  and  detailed  account,  upon  oath,  of  all 
fines  imposed  and  collected,  and  all  fines  imposed  and  un- 
collected, since  his  last  report.  He  shall  prepare  bonels, 
justify  bail,  when  the  amount  has  been  fixed  by  cither  of 
the  city  justices  or  said  court,  in  cases  not  exceeding  one 
hundred  dollars,  and  may  administer  oaths.  The  clerk 
shall  remain  at  the  courtroom  of  said  court  during  busi- 
ness hours,  and  during  such  reasonable  times  thereafter 
as  may  be  necessary  for  discharging  his  duty.  Before  re- 
ceiving his  salary,  each  or  any  month,  he  shall  make  and 
file  with  the  auditor  an  affidavit  that  he  has  deposited  wirh 
the  city  treasurer  all  moneys  that   have   come   to  his   hands 


belonging  to  the  city.     Any  violation  of  this  provision  shall 
be   a    misdemeanor.     He   shall   give   I   bond   in   the  sum   of 

I     -lollnrs.      with     at     1.  :i  ■     tic 

approved    by    the    mayor,    conditioned    for    the    faithful    dis- 
charge of   the   duth  s   of    his  office. 

Disposition    of   mom 

Sec.  896.  All  fines  and  other  moneys  collected  on  be- 
half  of    I  ■     ■::    the    police    OOlirl    shall    be    paid    into    the 

city  treasury  on  the   first   Tnesd  ton   month;  and  all 

-    dm    flu  ',i    court   shall 

city    council    saofi    month. 

Dockets. 

:'.'7.     Th.-   city   Council   shall    furnish    a    soil 
foi    the    holding    >••  rt.    and    -Kail     also    furnish     the 

neeeasary  dockets  and  blanks.     <>ne  docket   shall   b<    styled 

"The    <  ity    Criminal     1'  in     which    nil    the    criminal 

business   shall   be   r rded,  and   each   case   shall   be   alpha* 

helically    indexed;     another   docket    shall    be    styled    " 

City  Civil   Docket,"  and  it  shall  contain  each  and  every  civil 
in    which    the    city    is    a    party,    or    which    i-    prosecuted 

or  defended  for  lor  ii  d  each  case  shall  be  prop- 

erly    indexed.     A    third   docket   shall   contain   all    the   other 
aess  appt  rtaining  to  the  office  of  said  '-ity   justice,  am! 

in    all    eases    ';'  Shall    itain    all    BUCh    intries   as    arc 

by  law  to  be   made   iii  justices'  dockets;   ami   in 

any   ease   tried   1"  lore   the  court,   the   docket    must   show  what 

duties  were  performed  by  any  officer  of  the  court,  and  the 

amount  of  the  fees  due  to   the  officer   tor  ,  and 

what    amount    of    money,    if    any,    collect'  d. 

Court,   when   open. 

Sec.  3V»S.  The  police  court  shall  be  always  open,  except 
upon  nonjudicial  days,  and  th<  n  for  such  purposes  only 
.,,  by  law  permitted  or  required  of  other  courts  of  this 
state. 

Appeals. 

Sec.  399.  Appeals  may  be  taken  from  any  judgment  of 
said  police  court,  to  the  superior  court  of  the  county  in 
winch  such  city  may  In  situated,  in  the  satm  manner  in 
which   appeals   are    taken    1'rom   ju  >urtS   in    li 


797  MUNICIPAL.   CORPORATIONS.     Act  234S,  §  §  400-410 

Place    of    imprisonment. 

Sec.  400.  In  all  cases  of  imprisonment  of  persons  con- 
victed in  said  police  court  of  any  offense  committed  in  the 
city,  the  persons  so  to  be  imprisoned,  or  by  ordinance  re- 
quired to  labor,  shall  be  imprisoned  in  the  city  jail,  or  if 
required   to  labor,   shall   labor  in   the   city. 

Seal. 

Sec.  401.  Said  court  shall  have  a  seal,  to  be  furnished 
by    the    city. 

Monthly   report. 

Sec.  402.  The  city  justices  shall,  on  the  first  Tuesday 
of  each  month,  make  to  the  city  council  a  full  and  com- 
plete report  of  all  the  cases,  civil  and  criminal,  in  which 
the  city  has  an  interest,  or  which  are  required  to  be  en- 
tered in  the  city  civil  docket,  or  the  city  criminal  docket; 
such  report  to  be  made  upon  blanks  to  be  furnished  by  the 
city  council,   and  in   such   form   as   they   may   require. 

Transcripts    and    warrants. 

Sec.  403.  Certified  transcripts  of  the  dockets,  made  by 
the  clerk  of  said  court,  under  the  seal  of  said  court,  shall. 
be  evidence  in  any  court  of  this  state  of  the  contents 
of  said  docket;  and  all  warrants  and  other  process  issued 
out  of  said  court,  and  all  acts  done  by  said  court,  and  cer- 
tified under  its  seal,  shall  have  the  same  force  and  validity 
in  any  part  of  this  state  as  though  issued  or  done  by  any 
court    of    record    of    this    state. 

Article  "VT. — Educational   Department. 
Board   of    education. 

Sec.  410.  The  government  of  the  school  department  of 
the  city  shall  be  vested  in  a  board  of  education,  to  con- 
sist of  seven  members,  to  be  called  school  directors.  One 
school  director  shall  be  elected  from  each  ward  at  the 
regular  municipal  election,  by  the  vote  of  the  city  at  large, 
and  shall  hold  office  for  the  term  of  four  years,  and  until 
his  successor  is  elected  and  qualified;  provided,  that 
the  first  board  of  education  elected  under  the  provisions  of 
this  chapter  shall,  at  their  first  meeting,  so  classify  them- 
selves by  lot  as  that  three  of  their  number  shall  go  out  of 
office  at  the  expiration  of  two  years,  and  four  at  the  ex- 
piration of  four  years. 


Act  2348,  §§  111.  -112    MVM''il'.\l,    CORPORATION*  7W 

Organization. 

•.    111.     The  board  ■  •ion  shall  meet  on  the  first 

Nfonday  after  their  election,  and  eleel  dm  of  their  num- 
)"  i  pre*  dent,  and  BhaiJ  bold  meetings  ;it  hast  once  in 
each  month  thereafter  al  neh  kit  all  be  aetertmned 

by  a  rul<-    of  rd.     A   majority  of  all   Mm  members 

elected  shall  constitute  a  qnorom  for  the  tranaaetion  of 
business,  but  a  smaller  nnjnber  may  adjoorn  from  time 
to  time.  The  board  may  determine  the  rules  of  its  pro- 
en.  Iin^'-.  shall     lie      pablie,     and       its     records 

shall    l>e   open   to   public   Inspection.     The    board   shall   also 
have  pom   r  '"  fill  all  vacancies  occurring  in  the  board  until 
lar    municipal    eh  ction. 

I'oWer    of    I 

Sec.  -11'-'.     The   board   of   education   shall   hn\r  boIo   power: 

1.  To  establish  anil  maintain  public  schools,  and  to  es- 
tablish school  districts,  and  to  lix  and  alter  the  boundaries 
then 

II  m  |  .I- 

2.  To    employ   and    dismiss    teachers,    janitors,    and    school- 
nis    marshals,   and    to    \)\.   alter,   allow   and    order   paid 

their  sal:  n.   and    to   employ   and   pay    such 

mechanics  and   laborers  as  may  be  necessary   to  carry  into 
\ .  rs    and   duties   of  I,   and    to  Withhold, 

for  good  and  sufficient  cause,  the  whole  or  any  part  of 
the  salary  or  wages  of  any  person  or  persons  employed 
as    aforesaid. 

Regulation    of    schools. 

3.  To  make,  establish,  and  enforce  all  necessary  and 
;, roper   rubs   anil    regulations,    not    contrary    to    law.    for    the 

rnnient  and  progress  of  public  schools  within  the  city, 
the  teachers  thereof,  and  the  pupils  tin  rein,  and  for  car- 
rying    into    effect     the    laws     relating    to    education;     also    to 

tblish  and  regulate  ■•'   schools,  and  determine 

wu;i,  tdy,    and    mode    of    instruc- 

tion  shall   be   used   In   said   schools. 

Supplies. 

t.  To  provide  for  the  schoo]  department  of  the  city 
fuel    and    lights,    water,    blanks,    blank  books,    printing    anil 


Ti9  MUNICIPAL,   CORPORATIONS.  Act  L'34S,  §  4V2 

stationery,   and   to   incur   such   other   incidental   expenses   as 
may  be  deemed  necessary  by  said  board. 

Building    and    repairs. 

5.  To  build,  alter,  repair,  rent,  and  provide  schoolhouses, 
and  furnish  them  with  proper  school  furniture,  apparatus, 
and  appliances,  and  to  insure  any  and  all  such  school 
property. 

To   hold   property   in   trust. 

6.  To  receive,  purchase,  lease,  and  hold  in  fee,  in  trust 
for  the  city,  any  and  all  real  estate,  and  to  hold  in  trust 
any  personal  property  that  may  nave  been  acquired,  or 
may  hereafter  be  acquired,  for  the  use  and  benefit  of  the 
public  schools  of  the  city;  provided,  that  no  real  estate 
shall  be  bought,  sold,  or  exchanged,  or  expenditures  in- 
curred for  the  construction  of  new  schoolhouses  without 
the  consent  of  four  members  of  the  board  of  education 
and  four  members  of  the  city  council;  and  provided  fur- 
ther, that  the  proceeds  of  any  such  sale  or  exchange  of  real 
estate  shall  be  exclusively  applied  to  the  purchase  of  other 
lots,  or  the  erection  of  schoolhouses;  and  the  city  council 
of  the  city  is  hereby  authorized  and  required  to  make  over 
to  said  board  of  education,  upon  application  in  writing 
by  said  board,  through  its  president  and  secretary,  by 
good  and  sufficient  deeds  of  conveyance,  all  property,  both 
real  and  personal,  now '  held  by  said  city  council  in  trust 
for  the  city  for  the  use  and  benefit  of  the  public  schools; 
and  the  said  board  is  hereby  authorized  to  defray  all  ex- 
penses attending  the  same. 

To    improve    property. 

7.  To  grade,  fence,  and  improve  all  school  lots,  and  in 
front  thereof  to  grade,  sewer, .  plank,  or  pave  and  repair 
streets,  and  to  construct  and  repair  sidewalks. 

To  sue  and   defend. 

8.  To  sue  for  any  and  all  lots,  land  and  property  be- 
longing to  or  claimed  by  the  said  school  department,  and 
to  prosecute  and  defend  all  actions  at  law  or  in  equity 
necessary  to  recover  and  maintain  the  full  enjoyment  and 
possession  of  said  lots,  lands,  an.!   property. 

To  estimate  money  needed. 

9.  To  determine  annually  the  amount  of  money  required 
for  the  support  of  the  public  schools,  and  for  carrying  into 


Act  2348,  §   in  I.   CORPORATE  S00 

effeel  all  the  provisions  <>f  law  In  reference  thereto;  and 
in  pursuance  of  this  provision  the  board  shall,  on  or  before 
tin  first  Monday  in  February  of  each  year,  submit  In  writ- 
ing to  the  eity  council  a  careful  i  of  the  whole 
amount  of  money  to  l"  received  from  the  state  and  county, 
and  the  amount  required  from  the  eity  for  the  above  pur- 
i,  ami  the  amount  so  found  to  l"  required  from  the 
eity  shall,  by  th<  souncil,  be  added  to  the  other 
ami. nuts  t.i  be  Bssessed  and  collected  for  eity  purposes:  pro- 
vided, that  the  amount  to  be  thus  assessed  for  school  pur- 
pose! shall  not  ezeeed  thirty  seats             b  one  hundred  do! 

tare    valuation     opon     thl  "nut     roll,    but     may     be     in- 

to forty  eents  by  ■  I   two  thirds  of  the  oity 

cil,   and    that    when   collected    it    shall    be   Immediately 

paid    into    the    school    fund,    to    be    drawn    uut    only    upon    tin- 
order  of  the  board  of  education. 

Disburse  meats, 

10.  To  establish  regulations  for  the  just  and  equal  dis- 
bursemeal    of   all    moneys    belonging    to    the    public   school 

fund. 

Demands. 

11.  To    examine    and    allow,    in    whole    and    in    part,    every 

tnd    payable  out   of   the   school   fund,  or  to  reject   aay 
such  demands  for  good  causa; 

Incumbrances. 

12.  To  discharge  all  legal  Incumbrances  now  existing,  or 
which    may    hereafter    exist,    upon    any    school    property. 

Age    limit. 

18.  To  prohibit  any  child  under  six  years  of  age  from 
attending  the  public  schools. 

Other   acts. 

11.  And  generally  to  do  and  perform  such  other  acts  as 
may  be  necessary  and  proper  to  carry  into  force  and  effect 
the    powi  rred    on    said    board,    and    to    increase    the 

efficiency  of  the  public  schools  in  said  city. 

Oaths    on    demands. 

Sec.  413.  The  president  of  the  board  of  education  shall 
have    power    to    administer    oaths    and    affirmations    concern- 


801  MUNICIPAL    CORPORATIONS.    Act  234S,  §§  414-4U 

ing    any    demand    upon    the    treasury    payable    out    of    the 
school  fund,  or  other  matters  relating  to  his  official  duties. 

Contracts. 

Sec.  414.  All  contracts  for  building  shall  be  given  to 
the  lowest  bidder  therefor  offering  adequate  security,  to 
be  determined  by  the  board,  after  due  public  notice  pub- 
lished for  not  less  than  ten  days  in  one  daily  paper  of  the 
city. 

No  director  or  superintendent  to  be  a  party. 

Sec.  415.  No  school  director  or  superintendent  shall  be 
interested  in  any  contract  pertaining  in  any  manner  to 
the  school  department  of  said  city.  All  contracts  in  viola- 
tion of  this  section  are  declared  void,  and  any  director  or 
superintendent  violating  or  aiding  in  violating  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  misde- 
meanor, and  shall  be  punished  by  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars. 

City  board  of  examiners. 

Sec.  416.  No  teacher  shall  be  employed  in  any  of  the 
public  schools  without  having  a  certificate  issued  under 
the  provisions  of  this  chapter.  For  the  purpose  of  grant- 
ing the  certificates  required,  the  board  of  education  shall 
appoint  a  city  board  of  examination.  The  city  board  of 
examination  shall  consist  of  the  school  superintendent  and 
four  other  persons,  residents  of  such  city,  at  least  two  of 
whom  shall  be  experienced  teachers.  The  members  of  the 
city  board  of  examination  shall  receive  for  their  services 
such  compensation  as  may  be  fixed  by  the  board  of  educa- 
tion.    Such   city  board  of   examination  shall  have  power: 

Rules. 

1.  To  adopt  rules  and  regulations  not  inconsistent  with 
the  laws  of  this  state  for  its  own  government,  and  for 
the  examination  of  teachers. 

Examination. 

2.  To  examine  applicants,  and  to  prescribe  a  standard 
of  proficiency  which  will  entitle  the  person  examined  to  a 
certificate. 

Certificates. 

3.  To   grant   city   certificates  of   three   grades: 

Gen.  Laws— 51 


Act  2348.  §§  417-U'J    MUNICIPAL  CQRPOKATftOtttll  *£. 

1.  High-School  certificates,  \alid  for  six  years,  and  au- 
thorising tin-  holder  to  teach  any  primary,  grammas1,  or 
high  school  in  such   eityj 

2.  city  certificates,  firs!  grade,  valid  for  four  years,  and 
authorizing  the  bolder  to  tench  any  primary  or  grammar 
Bchool   in   such 

v    certifl  mcl    grade,    valid    for    two    years, 

anil   authorizing   the    holder    t<>    teach   any    primary   school    in 
such  city; 

I.  Withoul  examination,  to  grant  city  eertifieatea  and  fax 
the    grade    thereof    to    the    holders   od  Kfe   diploma*, 

state    educational    dip:  ;>•    normal-school  .diplomas, 

state  imi  vi  raity  diplomas   (whin   recommended   by   the  Bao- 

ulty    id*    the    univi  rsit 

granted  in  other  eities  i>t'  I  .  and  life  diplomas,  and 

state    normal-school    di| 

5.  To    r<  soke  ■  '    for    unmoral   or   ur 

conduct,    profanity,    int<  evident   uuutntsa   for 

granted   by    them. 

■  ary. 

117.  The  school  superintendent  shall  act  as  secre- 
tary and  bookkeeper  of  the  board  of  education,  and  p<  r- 
form  all  clerical  duties  required  by  such  board.  In  the 
absence  of  the  superintendent,  the  board  of  education  may 
appoint  one  of  their  own  number  to  act  as  secretary.     The 

ol  sup.  rintendent  b  ay  appoint  an  assistant  at  a  sal- 
ary of  one  hundred  dollars  p.  r  month.  The  superintendent 
may,    for   a    good    and   suffic  .    provisionally    suspend 

any    teacher    employed    In    the    schools    of    such    city    until 

next    uniting  of  the  board  of  education. 

Superintend)  nl  's  r< 

S.  ,-.  lis.  The  superinti  nd.  nt  shall  report  to  the  board 
of  i  din  a'  a  annually,  and  at  such  other  times  as  tiny 
may  riipiire,  all  matters  pertaining  to  the  expenditures, 
income     and     condition     and     progress    ot     the     public     schools 

aid   city   during   the   preceding  year,   with   such   raanm- 

i.ations   as    he    may   deem   prop,  r. 

Duty  of  superintend)  nt. 

S,c.  ll'.i.  It  shall  be  the  duty  of  the  superintendent  to 
visit  and  examine  each  school  at  leasi  once  a  month,  to 
Observe,    and  hi     obsei  .ral    rules    for 

the    regulation    and    government    and     instruction    of     the 


803  MUNICIPAL,    CORPORATIONS.    Act  2S4S,  §9  4*MIB 

schools,  not  inconsistent  with  the  laws  of  the  state,  as 
may  be  established  by  the  board  of  education;  to  attend 
the  sessions  of  the  board,  and  inform  them  at  each  ses- 
sion of  the  condition  of  the  public  schools,  schoolhouses, 
school  fund,  and  other  matters  connected  therewith,  and 
to  recommend  such  measures  as  he  may  deem  necessary 
for  the  advancement  of  education  in  the  city.  He  shall 
acquaint  himself  with  all  the  laws,  rules,  *and  regulations 
governing  the  public  schools  in  said  city,  and  the  judicial 
decisions  thereon,  and  give  advice  on  subjects  connected 
with  the  public  schools,  gratuitously,  to  officers,  teachers, 
pupils,    and   their   parents    and    guardians. 

Vacancy. 

Sec.  420.  In  case  of  vacancy  in  the  office  of  superin- 
tendent, the  board  of  education  shall  have  power  to  fill  the 
vacancy  until  the  next   ensuing  municipal   election. 

School  fund. 

Sec.  421.  The  school  fund  of  the  city  shall  eonsist  of 
all  moneys  received  from  the  state  school  fund;  of  all 
moneys  arising  from  taxes  which  sha,1!  be  levied  annually 
by  the  city  council  of  the  city  for  school  purposes;  of  all 
moneys  arising  from  the  sale,  rent,  or  exchange  of  any 
school  property,  and  of  such  other  moneys  as  may,  from 
any  source  whatever,  be  paid  into  said  school  fund;  which 
fund  shall  be  kept  separate  and  distinct  from  all  other 
moneys,  and  shall  only  be  used  for  school  purposes  under 
the  provisions  of  this  chapter.  If,  at  the  end  of  any  fiscal 
year,  any  surplus  remains  in  the  school  fund,  such  surplus 
money  shall  be  carried  forward  to  the  school  fund  of  the 
next  fiscal  year,  and  shall  not  be,  for  any  purpose  what- 
ever, diverted  or  withdrawn  from  said  fund,  except  under 
the  provisions  of  this  chapter. 

School  fund,  how  expended. 

See.  422.  The  said  school  fund  shall  be  used  and  ap- 
plied by  said  board  of  education  for  the  following  purposes, 
to  wit: 

1.  For  the  payment  of  the  salaries  or  wages  of  teachers, 
janitors,  school-census  marshals,  and  other  persons  who 
may  be  employed  by  said  board; 

2.  For  the  erection,  alteration,  repairs,  rent,  and  furnish- 
ing of  schoolhouses; 

%.  For  the  purchase  money  or  rent  of  any  real  or  per- 
sonal property  purchased  or  leased  by  said  board; 


Act  23«.  55  423-12:    MUNICIPAL    CORPORATE  JW4 

).  Pot  the   insurance  "f  .'ill   property; 

5.  For   tin    discharge   of   all   legal    Incumbrances   on    any 

- ' •  1 1 r. 1 1 1     propi  rty  ; 

6.  For   ligbtil  1  rooms  an.l    t;  ml    rooms  of 

perintendent  and  board  of  education; 

7.  For  supplying  th>-  schools  with  fuel,  water,  apparatuu, 
blanks,  blank-books,  ami  m  eesaary  school  appliances,  to- 
gether with  bo«ks  for  indigent  children; 

8.  For  supplying  hooks,   printing   and   stationery   for   tin 

lent   anil   hoard  of  education,  ami   tor 
tin-  incidental  of  the  board  and  department; 

9.  For  the   payment   of  the  salary  of  the  superintendent 

and    a  [.<-riiit.il    • 

10.  For  grading  and  Improying  all  school  lots,  and  for 
grading,  sew<  ring,  planking,  or  paving  ami  repairing 

ami   constructing   and    repairing   stdewalka   in   front   th< 

of. 

<  'laims. 

188.      All     claims     payable     out     of     the     school     fnn.l 

shall  lie  Mini  with  the  secretary  of  the  board,  ami  after 
they  shall  have  imn  approved  by  a  majority  of  all  the 
men  I    of  said   board,   upon   a   rail   of  the  ays   ami 

iii m  s.  which  shall  be  recorded,  they  shall  ed  by   the 

president   of  the  board  ami  by  the  ndent,   and   !>.■ 

ity  treasurer.       Every  demand  shall  have   in- 
dorsed  upon  it  a  certificate  of  its  approval       All  demands 

for     salaries     shall     be     paid     monthly. 

Debt  not  to  he  in  ime. 

184.       All    .lomamls    an'  by    this    artiele    shall 

be  paid  by  the  city  treasurer  from  the  gehool  fuml.  when 
the  same  shall  l>e  presented  'o  him,  ordered  paid,  an.l  ap- 
proved by  the  board;  provided,  that  the  said  board  sh.nll 
not  have  power  to  contract  any  debt  or  liabilities,  in  any 
form  whatsoever,  against  the  sai.l  city,  in  contravention  of 
this  article,  or  exceeding  in  any  year  the  income  ami  r>  v 
emie    provided    for    thf    school    fund    for   such    year. 

Auditor   to  certify. 

It     shall     be     the     duty     of     the     auditor    of     the 
rountv    in    which    any    such    city    may    be    situated,    upon    the 
lirst    Monday    iii    each    month,   and    at    such    other    times    at 
may    deem    proper,    to    certify    iu    duplicate    to    the    supenu- 


805  MUNICIPAL,    CORPORATIONS.     Act  2348,  §§  426-501 

tendent  of  schools  of  such  county,  the  amount  of  school 
moneys  at  that  time  in  the  county  treasury,  and  the 
amount  received  during  the  previous  month.  The  county 
superintendent  shall,  upon 'receipt  of  such  certificates,  in- 
dorse upon  one  of  them  the  amount  of  such  moneys  to 
which  the  common  schools  in  such  city  are  entitled.  The 
certificate  so  indorsed  shall  at  once  be  returned  to  said 
auditor,  who  shall  direct  upon  the  same  the  county  treasurer 
to  pay  the  sum  designated  upon  such  certificate  to  the 
treasury  of  such  city  for  the  use  of  the  school  fund  there- 
of. 

Treasurer  to  pay. 

Sec.  426.  The  treasurer  of  such  county  shall  thereupon 
pay  to  the  treasurer  of  such  city  the  sum  directed  by  the 
auditor  as  above  provided;  and  when  said  moneys  are 
placed  in  such  city  school  fund,  they  shall  be  used  in  pre- 
cisely the  same  manner  as  moneys  raised  by  city  school 
taxes  in  such  city;  provided,  that  the  entire  revenue  de- 
rived by  such  city  from  the  state  school  fund,  and  the  state 
school  tax,  shall  be  applied  by  said  board  of  education  ex- 
clusively to   the  support  of  primary  and  grammar  schools. 

CHAPTER  TV. 

MUNICIPAL   CORPORATIONS    OF   THE   THIRD    CLASS. 

(A    charter   for    cities    having    a    population    of    more    than 
15,000  and  not  exceeding  30,000.) 

Article   I. — General   Powers. 

Third  class. 

Sec.    500.      Every    municipal    corporation     of     the     third 

class  shall  be  entitled  the  city  of  (naming  it),  and 

by  such  name  shall  have  perpetual  succession,  may  sue 
and  be  sued  in  all  courts  and  places,  and  all  proceedings 
whatever:  shall  have  and  use  a  common  seal,  alterable  at 
the  pleasure  of  the  city  authorities,  and  may  'purchase, 
lease,  receive,  hold,  and  enjoy  real  and  personal  property, 
and  control  and  dispose  of  the  same  for  the  common  bene- 
fit. 

Article   II. — General   Provisions    Relating    to    Officers. 

City,  officers. 

Sec.   501.      The   government   of  such    city  shall   be   vested 
in   a  mayor;    a   common   council,   to   consist  of   seven   alder- 


Act  23JS,  §5  X:-504     lCTXICIPAL   CORPORATIONS  SW 

mm;     a    board     of  U,    to    consist    of    seven    school 

directors;    :i    police   ju< i jj'- ;    an   ass — >r;    a   dirk,   who   shall 
\ -officio  auditor;  :i  treasurer;  :i  superintendent  of  streets; 
a  tax  and  lie<  i  Elector;  a  city  at- 

torn, ich  other  and  inferior  officers  as  the  somnsM 

council    may    appoint. 

ion    and    tenu- 

■.  508.     The    aldermen,    mayor,  police  judge,    city   at- 

1  •■   elected   by   th(    qualifii  <!   >  1-  <■- 

ici  city,  ral  muni.  m  to  be  held 

therein   on    thi  Tuesday   in    March,   in   each   even-num- 

bered   y<  mayor,   police   judge,   city   attorney,   and- 

-hall  hoi.'  from 

and  after  the    '  .lay   of  Bucfa   • 

tion,   and   until   their   -  and   qualified. 

Tin  •  immon  council  an.l  board  of  educa- 

tion shall  hold  office  for  the  period  of  four  yean  from 
anil    after    the    Monday   next   succeeding   the    flay   of   such 

election,    and    until    tin  1    ami    quali- 

fied; I,    that    the    first    common    council    fleeted    un- 

<h  r   the    provisions  of   this   chapter   shall,    at    their   first    meet- 
t'v    themselves    by    lot    as    that    thr°e    of   their 

ber  shall  go  out  of  office  at  the  expiration  of  two  v. 
and    four    at    the    expiration    of    four    years;    and    provided 
further,  that  the  first  board  of  education  elected  under  the 
provisions   of  this  chapter  shall,   at    t in  ir  first   meeting 

rify   themselves  by   lots  as  that  three  of  their  number 
•fflee  at   the  expiration  of  two  years,  and 
four  at   the  expiration  of  four  years. 

othc  i  tt  appointed. 

All   otlv  .    except    as   otherwise    in    this 

chapter  provided,  shall  be  appointed  by  the  common  coun- 
cil, upon  the  nomination  of  the  mayor,  and  shall  hold  offiee 
for  the   p*<  riod  of   I  from   and  after  the  date  of  such 

appoint*  until  their  sn<  urs  appointed,  • 

nd  qualified. 

Bonds. 

The  common  council  shall,  by  ordinance,  de- 
termine what  officers  shall  give  bonds  for  the  faithful  per- 
I,, i-  !  In  i  r   duties,    and    li\    the    amount    of   such    bond; 

and    each    of    such    officers    shall,    before    entering    upon    the 


807  MUNICIPAL    CORPORATIONS:     Act  234S,  5  §  505-oO7 

duties  of  his  office,  execute  a  bond  to  such  city  in  such 
penal  sum  as  the  common  council  by  ordinance  may  de- 
termine, conditioned  for  the  faithful  performance  of  his 
duties,  including  in  the  same  bond  the  duties  of  all  offices 
of  which  he  is  made  by  this  chapter  ex-officio  incumbent. 
Such  bonds  shall  be  approved  by  the  common  council. 
All  bonds,  when  approved,  shall  be  filed  with  the  clerk, 
except  the  bond  of  the  clerk,  if  any,  which  shall  be  filed 
with  the  mayor.  All  the  provisions  of  any  law  of  this 
state  relating  to  the  official  bonds  of  officers  shall  apply 
to  such  bonds  except  as  herein  otherwise  provided.  Every 
officer  of  such  city,  before  entering  upon  the  duties  of  his 
office,  shall  take  and  file  with  the  clerk  the  constitutional 
oath  of  office. 

Vacancies. 

Sec.  505.  Any  vacancy  occurring  in  any  of  the  offices 
provided  for  in  this  chapter,  except  in  the  office  of  school 
director,  shall  be  filled  by  appointment  by  the  common 
council  upon  the  nomination  of  the  mayor,  but  if  such 
office  be  elective,  such  appointee  shall  hold  office  only 
until  the  next  regular  election,  at  which  time  a  person 
shall  be  elected  to  serve  for  the  remainder  of  such  unex- 
pired  term. 

Compensation. 

Sec.  506.  The  aldermen  and  school  directors  shall  re- 
ceive no  compensation  whatever.  The  annual  salaries  of 
other  officers  shall  be  as  follows:  Mayor,  one  thousand  two 
hundred  dollars;  police  judge,  one  thousand  eight  hundred 
dollars;  assessor,  one  thousand  eight  hundred  dollars;  city 
attorney,  one  thousand  five  hundred  dollars;  street  super- 
intendent, one  thousand  two  hundred  dollars;  clerk  and 
auditor,  one  thousand  five  hundred  dollars;  tax  and  license 
collector,  one  thousand  two  hundred  dollars;  treasurer,  one 
thousand  dollars;  water-rate  collector,  one  thousand  two 
hundred  dollars;  school  superintendent,  one  thousand  five 
hundred  dollars;  all  of  whieh  salaries  shall  be  paid  monthly. 

Elections. 

Sec.  507.  All  elections  in  such  city  shall  be  held  in  ac- 
cordance with  the  general  election  law  of  the  state,  so  far 
as  the  same  may  be  made  applicable;  and  no  person  shall 
be    entitled    to    vote    at    such    election    unless    he    shall    be 


Act  2348.  85  50S- 520     MUNICIPAL   CORPORATIONS.  *» 

a  qualified  elector  of  the  county,  enrolled  upon  the  great 
ter  thereof,  and  shall  have  resided  in  such  city  for 
at  least  thirty  days  next  preceding  such  election.  The  com- 
mon council  shall  give  snob  notice  of  each  election  a9  may 
lie  prescribed  by  ordinance,  shall  appoint  boards  of  ded 
and    fix   their  compensation,  a  >h  and  el  Qtion 

eta   ami    polling-places;    provided,    that    no    j.art   of   any 
Ward    less    than    the    whole    ti  II    In'    attached     to     any 

other  ward,  or  part  thereof,  in  foi  nets.     At 

any   municipal    election    the    la  r   of   the 

County   shall   be  OSed,  and   any   alcctor  whose   name   is   not   upon 
■neb  printed  register  shall  be  entitled  to  vote  upon  prodni 
and    filing    with    the    board    of   election    a    certificate,    under   the 
hand    and    official    Beal    of    tin     county    clerk,    showing    that    his 
nam.  tered  and  uncanceled  upon  the  great  register  of 

such   county,   provided   that   he   is  otherwise  entiUod   to   vote. 

Eligibility  to  office. 

508.     No   person  -hall  he  eligible  to  or  hold  any  office 
in  such  city,  whether   filled  by  election   "r   appointment,  uj 

he   be  a   resident   and   elector  therein,  and   shall  have   resided   in 
Buch  city  for  one  year  I  ling  the  date  of  such  election 

or  appointment:  provided,  I  provisions   of 

this  section  shall   not   apply   to  school  Superintendents  or  school 

teachers.  One  alderman  and  one  school  director  shall  be 
elected  from  each  ward,  and  the   per  ted  must  be  a 

resident  of  the  ward  from  which  he  is  so  elected,  ami  continue 

to   be   such   resid.  nt   during   his  t.  nn  of  office,  and   if  he  shall 

f:iil  i,,  so  continue  a  resident  of  such  ward,  his  office  shall, 

l,v    reason    thereof,   immediately    beCOmt     vacant. 

library. 

■i.  The  trustees  of  any  free  public  library  created 
or  existing  in  Buch  city  under  the  provisions  of  an  act  en- 
titled "An  act  to  establish  free  public  libraries  and  reading- 
rooms,"  approved  April  twent]  hundred  and 
eighty,   shall    be   appointed    by    the   council    in    the   same    manner 

as  oilier  officers  an-  appointed  under  the  provisions  of  this 
chapter,  anything  in  the  provisions  of  said  act  to  the  contrary 
notwithstanding. 

Article  III. — Legislative   Department. 
Common  council — Aiei  I 

120,      TI"'    common    council    shall    meet    on    the   Monday 
next   succeeding    the    date   oi  era!    municipal    election, 


809  MUNICIPAL    CORPORATIONS.       Act  2348,  §§  521-523 

and  shall  hold  regular  meetings  at  least  once  in  each  month, 
at  such  times  as  they  shall  fix  by  ordinance.  Special  meet- 
ings may  be  called  at  any  time  by  the  mayor,  or  by  three 
aldermen,  by  written  notice  delivered  to  each  member  at  least 
three  hours  before  the  time  specified  for  the  proposed  meet- 
ing. All  meetings  of  the  common  council  shall  be  held 
within  the  corporate  limits  of  the  city,  at  such  place  as  may 
be  designated  by  ordinance,  and  shall  be  public. 

Mayor  to  preside. 

Sec.  521.  At  any  meeting  of  the  common  council,  a  ma- 
jority of  the  aldermen  shall  constitute  a  quorum  for  the  trans- 
action of  business,  but  a  less  number  may  adjourn  from 
time  to  time,  and  may  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  may  be  pre- 
scribed by  ordinance.  The  mayor  shall  preside  at  all  meet- 
ings of  the  council,  and  in  case  of  his  absence,  the  council 
may  appoint  a  president  pro  tern. ;  and  in  case  of  the  absence 
of  the  clerk,  the  mayor  or  president  pro  tem.  shall  appoint 
one  of  the  members  of  the  council  clerk  pro  tem. 

Eules. 

See.  522.  The  common  council  shall  judge  of  the  qualifi- 
cations of  its  members,  and  of  all  election  returns,  and  de- 
termine contested  elections  of  all  city  officers.  They  may 
establish  rules  for  the  conduct  of  their  proceedings,  and  pun- 
ish any  member  or  other  person  for  disorderly  behavior  at 
any  meeting.  They  shall  cause  the  clerk  to  keep  a  correct 
journal  of  all  their  proceedings,  and,  at  the  desire  of  any 
member,  shall  cause  the  ayes  and  noes  to  be  taken  on  any 
question,  and  entered  on  the  journaL 

Light  and  water  ordinances. 

Sec.  523.  No  ordinance,  and  no  resolution  or  order  for  the 
payment  of  money,  for  granting  any  franchise,  for  lighting 
or  watering  streets,  or  for  supplying  water  for  municipal  pur- 
poses, shall  be  passed  by  the  common  council  on  the  day  of 
its  introduction,  nor  within  five  days  thereafter,  nor  at  any 
other  than  a  regular  meeting;  and  no  ordinance,  and  no  such 
resolution  or  order,  shall  have  any  validity  or  effect  unless 
passed  by  the  votes  of  at  least  four  aldermen  and  approved 
by  the  mayor;  provided,  that  if  the  mayor  shall  neglect  or  re- 
fuse to  approve  the  same  within  five  days,  then  the  same  may 


MUNICIPAL   CORPORAT1  "W 

•     .   and  shall   then   tak«; 
approved  by  the  n 

■  'iiMn    council    of    sueh    city    shall     have 
power : 

1.  To  pass  ordinances  not  in  conflict  with  the  constitution 
and  laws  of  thi  -  <>f  the  I  -   tU>s. 

To    purehasOj    l«-nse,   or    r  and    per- 

propertj  nary  or  prepez  lor  municipal 

purp  mtrol,  <li>  evey  the  aanM  Bex 

tin    benefit  of  the  <'ity;   provided,  thai   they  shall  not  have 

r  to  sill  oj  •    any  portion  of  any  water  front. 

■   supply. 

let,   repair,  and  manngc  pumps,  aquc 
duel  rs.    ami    other    works    necessary   or   proper   for 

supplying   the   city    with    water. 

t.  'it.   alter,   open,   keep  open,  improve, 

and   repair  streets,   Bid*  walks,   alleys,  bridges,  squares,   and 
r    public    highways    and    places    within    the    city,    and    to 
drain,   sprinkle,    and    light    the   Same;    to    remove   all   obstruc- 
tions  therefrom;   to  establish  tl  thereof;  to  gi 
pave,   macadamize,  gravel,  and   curt]  the  same  in   irhole  or 

in    part,    and    I  I  ICt    gutters.    eulv<  Its.    sidewalks,    and 

•  walks  therein  or  upon  any  part   thereof;   to  cause  to  bo 

plat.  'Ut,    and    cultivated,    slia>ie    tries    therein;    and 

generally  manage  and  control  all  sueh  highways  and  pis 

5.  To   construct   and    maintain   drains  and  sewers. 

ESxtinguishmej  I   of  (Ires. 

(3_   Tu  pro  I   all   other  necessary  or  proper 

and  •  Etinguiahnx  at  oi 
to  sonatruct  and  maintain  telegraph  and  telephone  lines  for 

and   police   pur, 

I'oll    ■ 

7.   To    impose    0B    and    oollecl    from    evi  inhabitant 

between    the  ■'""l    sixty   years  an   annual 


su  MUNICIPAL    CORPORATION'S.  .  Act  2348,  §  521 

street  poll-tax  not  exceeding  two  dollars;  and  no  other  road, 
poll-tax  shall  be   collected   within   the   limits  of  such  city. 

Dog  tax. 

8.  To  impose  and  collect  an  annual  tax,  not  exceeding  two 
dollars,  on  every  dog  owned  or  harbored  w;thii  the  limits  of 
the  city;  and  no  other  dog  tax  shall  be  collected  within  the 
limits  of  such  city. 

Property   tax. 

9.  To  levy  and  collect  annually  a  property  tax,  not  exceed- 
ing one  dollar  on  each  one  hundred  dollars  of  the  assessed, 
value  of  all  real  and  personal  property  within  such  city,  which 
said  tax  shall  be  apportioned  as  follows:  For  the  general 
fund,  not  exceeding  fifty  cents  on  each  one  hun<<red  dollars; 
for  the  road  fund,  not  exceeding  twenty-five  cents  on  each 
cne  hundred  dollars;  and  for  the  school  fund,  not  exceeding 
twenty-five  cents  on  each  one  hundred  dollars;  eaeh  of  which 
funds  shall  be  kept  separate  from  all  others. 

Licenses. 

10.  To  license,  for  purposes  of  regulation  and  revenue, 
all  and  every  kind  of  business  authorized  by  law,  and  trans- 
acted or  carried  on  in  such  city,  and  all  shows,  exhibitions, 
and  lawful  games  carried  on  therein;  to  fix  the  rates  of 
license  tax  upon  the  same,  and  to  provide  for  the  collection 
of  the  same  by  suit  or  otherwise. 

Rivers. 

11.  To  improve  the  rivers  and  streams  flowing  through 
such  city,  or  adjourning  the  same;  to  widen,  straighten,  and 
deepen  the  channels  thereof,  and  remove  obstructions  there- 
from; to  improve  the  water-front  of  the  city;  to  construct 
and  maintain  embankments  and  other  works  to  protect  such 
city  from  overflow;  and  to  bridge  any  creek  or  river  so  as  not 
to  interfere  with  navigation. 

Public  buildings. 

12.  To  erect  and  maintain  buildings  for  municipal  pur- 
poses. 

Tracks  and  pipes. 

13.  To  permit,  under  restrictions  as  they  may  deem 
proper,  the  laying    of    railroad    tracks    and    the    running    of 


5  326  MUNICIPAL   OORPORATI"  «2 

cars  drawn  by  horses,  steam,  or  other  motive  power  there* 
on,  and   the  laying  of   gas  and   water   pi t •<  s   in   the   public 
ts,   and    tl  iction   and    maintenance   of   telegraph 

and  telephone  lin<  s  tin  r«  in. 

Ward   division. 

l  i.  To  divide  the  city,  by  ordinance,  into  seven  wards 
as  oearly  equal  in  popnlatioB  as  may  be,  to  fix  the  bound 
ari<  i  me   from   time   to  time; 

provided,  that   do  change    in   the   boundaries  of  any   ward 
shall    lie    mad"    within    sixty    days     next    before    the    dab 
Bald    general    municipal    election,    imr    within    twenty    months 

the  same  shall  have  i  blished  or  altered. 

Fire   departmi  nt. 

15.  To  establish  and  regulate  a  Are  department  and  a 
police  department,  to  appoint  and  remove  the  officers  end 
employees    thereof,    and    to    prescribe    their   duties    and    fix 

and    order    paid    their    salaries    and    compensation, 

Subordii  rs. 

16.  To    appoint    and    remove    Bueh    subordinate    officers    is 

they  may  deem  proper,  and  to  fix  their  duties  and  com- 
pensation. 

Imposition    of    penalties. 

17.  To  Impose  lines,  penalties,  and  forfeitures  for  any 
and  all  violations  of  ordil  id  for  any  breach  or 
violation   of   any   ordinance,   to   fix    the   penalty   by   rim    or 

imprisonment,  or  both;  but  no  such  tine  shall  exceed  live 
hundred  dollars,  nor  the  term  of  such  imprisonment  exceed 
six  months. 

Prison    labor. 

18.  To  cause  all  persons  imprisoned  for  violation  of  any 
ordinance  to  labor  on  the  streets  or  other  public  property 
or   works   within   the   city. 

Other   acts. 

19.  To  do  Bad  perform  any  and  all  other  acts  and  things 
necessary    or    proper    to    carry    out    the    provisions    of    this 

ehaptt  r. 

Enacting  clause, 
See,    525.     The    enacting    clause   of    all    ordinances    shall 

be    as    follows:    "The    mayor    and    common    council    of    tho 


813  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  526-528 

city  of  do  ordain  as  follows."     Every  ordinance  shall 

be   signed   by  the   maj^or,   attested  by   the    clerk,   and   pub- 
■  lished  at  least  five  times  in  a  newspaper  published  in  such 
city. 

Common    council    to    audit. 

See.  526.  All  demands  against  such  city,  except  for 
school  purposes,  shall  be  presented  to  and  audited  by  tlte 
common  council,  in  accordance  with  such  regulations  as 
they  may  by  ordinance  prescribe;  and  upon  the  allowance 
of  any  such  demand,  the  mayor  shall  draw  a  warrant  upon 
the  treasurer  for  the  same,  which  warrant  shall  be  counter- 
signed by  the  clerk,  and  shall  specify  for  what  purpose  the 
same  is  drawn,  and  out  of  what  fund  it  is  to  be  paid. 

No   debt  in   excess   of   available   money. 

Sec.  527.  The  common  council  shall  not  create,  audit, 
allow,  or  permit  to  accrue  any  debt  or  liability  in  excess 
of  the  available  money  in  the  treasury  that  may  be  legally 
apportioned  and  appropriated  for  such  purposes;  provided, 
that  any  city,  during  the  first  year  of  its  existence  under 
this  act,  may  incur  such  indebtedness  or  liability  as  may 
be  necessary,  not  exceeding  in  all  the  income  and  revenue 
provided  for  it  for  such  year;  nor  shall  any  warrant  be 
drawn,  or  evidence  of  indebtedness  be  issued,  unless  there 
be  at  the  time  sufficient  money  in  the  treasury  legally 
applicable  to  the  payment  of  the  same,  except  as  herein- 
after provided. 

Indebtedness  in  excess  to  be  decided  by  election. 

Sec.  528.  If,  at  any  time,  the  common  council  shall  deem 
it  necessary  to  incur  any  indebtedness  in  excess  of  the 
money  in  the  treasury  applicable  to  the  purpose  for  which 
such  indebtedness  is  to  be  incurred,  they  shall  give  notice 
of  a  special  election  by  the  qualified  electors  of  the  city, 
to  be  held  to  determine  whether  such  indebtedness  shall 
be  incurred.  Such  notice  shall  specify  the  amount  of  in- 
debtedness proposed  to  be  incurred,  the  purpose  or  pur- 
poses of  the  same,  and  the  amount  of  money  necessary  to 
be  raised  annually  by  taxation  for  an  interest  and  sink- 
ing fund,  as  hereinafter  provided.  Such  notice  shall  be 
published  for  at  least  three  weeks  in  some  newspaper  pub- 
lished in  such  city;  and  no  other  question  or  matter  shall 
be  submitted  to  the  electors  at  such  election.  If,  upon  a 
canvass  of  the  votes  cast  at  such  election,  it  appear  that 


Act  M48.  {{  :  "      "  ■  &U 

not  less  tlian    two-thirds   of  all    the    qaalil  ting 

tob  election  ahall  ted  in  favor  of  incurring  such 

e  ilnty  aaaon   council. 

to    ;  providing   for   the    mode   ol    creating 

such    in  :    of   pay  iraej   and   in   each 

ordinanci  n   shall    I  i.  ry    ami    eel 

lection    of    en    animal    tax    upon    all    th(     r<  al    ami    peceonal 

propi  •'!    within    such    ''it;,  at    to 

•  m      BUCD     indi  t     Tails    due; 

;uul  . ki ii}^    fund    for   the    payim  nt    of 

the   principal   thereof,   within    a  period    of,    d  than 

tw                      -    t'p.m     the    tiO  ting             U  BBC.      It 

shall   be   the   tin t  \"  of   t  !.•  f 

r,  at    the   time   at    which  "the  r  ta\< >S   ar--    li  .  '..  .1.    to    levy 

a  tax  sufficient                li  purpose,  in  add                 the   taxes 

by   this  ehapfc  ■    .     w  baa 

.  Bhall  1>>    kept  in  I  ite   fund, 

riolably  appropriated   to   the  paymenl  prin- 
cipal and   Intereet   of  such   ind<  I 

Violation  • 

Sec.   529l     The    violation   of   any   ord  f   snob   city 

shall  med    a    misdemeanor,   and    may   )»■    prosecuted 

by   the  authorities  of  such  city  in  tho  nam.    of  the  people 
tifornia,  or  may  be  redressed  by  etvil  ac- 
tion,  at    the   option   of   said   authorities.     Any    j..  rson 

ment  for  the  violation  of  an  ordinance 
may  be  imprisoned  in  the  city  jail;  >>r.  if  the  common 
council   by  ordinance  shall  ribe,  in   the  county  jail 

of  the  county  in  which  such  city  may  be  situated,  In  which 
ruch   imprisonment   shall   be  a  charge 
in  fn\  ii  county  and  -ach  city. 

Ol      Every    act    or   thine;   dome   or   >>•  i n l:   within    the 
limits    of    Bueh    eity,    whieh    is    or    DM  I    by    law 

or   by   any   or. linn; of   men  eity   to   be   a    aulaaaee   shall 

be    and    is    hereby    declared    to    be    a    ouiamnce,    and    shall 
be  considered  and  treated  as  such   in  all  actions  and 

and      all     remedial     which     ar.'     or     may 
riven    by   law    for   the    prevention    and  abatement  of   nui- 
■  s  shall   apply    thew  to. 

t    work. 
Bee.    581.     The    common    council    are    authorised    ami    cm- 
red    to    provide,    by    ordinance,    a    system    for    d 


815  MUNICIPAL    CORPORATIONS.  Act  2348,  §  531 

any  or  all  work  in  or  upon  the  streets,  highways,  and   pub- 
lic  places  of  such   city,   and    for   matting   therein   street   im- 
provements and  repairs,  and   for  doing  any  or  all   work  au- 
thorized  by  subdivisions   four   and   five   of   section   five   hun- 
dred and   twenty-four  of  this  act,   and   for   the    payment   of 
the   cost   and  expenses   thereof,   either  by   the   levy   and  col- 
lection    of     special    assessments    therefor,    in    proportion    to 
benefits,  upon   the   property   to   be   benefited    thereby,   or   by 
payments   made  out  of   the   road   fund  of  such   city,   or  by 
both;   provided,  that  in  all  cases  where  more  than   one-half 
of   the   expense   of   any   such   improvement,   except   the   con- 
struction of  a  sewer  or  drain,  exceeding  in  amount  the  sum 
of  one  thousand  dollars,  is  to  be  defrayed  by  special  assess- 
ment,   the    common    council    shall    first    aelopt    a    resolution, 
which   shall   be   entered   upon    their   journal,    declaring   their 
intention   to  make   such   improvement,   and   fixing  a   time   at 
which   objections   to   the   making  of   such   improvement    will 
be    considered.     Such    resolution    shall     also    designate     the 
boundaries   of    the    district    to    be    affected    or    benefited    by 
such    improvement.     Upon     adopting      such     resolution,     the 
common    council   shall   give   notice   of   such   intention,   which 
notice   shall   be   published   for   twenty   days   in   a   newspaper 
printed   and   published   in   such   city.     Such   notice   shall   de- 
scribe   the     improvement     so    proposed    to     be     made,    and 
state    the    estimated    cost    thereof,    and   designate    the     time 
set   for  such   hearing,   and   shall   refer   to   such   resolution  so 
entered   upon    the    journal    for   such     description    of    bound- 
aries.    If,    at    or    before    the    time    so    fixed,    written    objec- 
tions  to   such   improvement,   signed   by   the   owners   of   two- 
thirds  in  value   of  the  property   so   to   be   affected   or   bene- 
fited,  as   shown  by   the   last   preceding   city   assessment-roll, 
be   not   filed   with    the   clerk,   the    common    council    shall    be 
deemed  to   have   acquired   jurisdiction   to   order   the   making 
of   such    improvement.     Any    such    special    assessment    made 
and   levied   to    defray   the    cost    and    expenses    of    any   such 
work,    together     with     any    percentage    imposed    for    delin- 
quency  and   the   costs   of   collection,   shall   constitute   a   lien 
upon  and  against  the  property  upon  which  such  assessment 
is  made   and   levied,  from  and   after   the    date   of   the   order 
for    such    assessment;    which     lien     may    be    enforced    by    a 
summary  sale   of  such  property,   and   the   execution   and   de- 
livery   of    all    necessary    certificates    and     deeds     therefor, 
under  such  regulations  as  may  be  prescribed  by  ordinance. 
or  by   an  action  in   any  court   of  competent   jurisdiction   to 
foreclose    such    lien;    provided,    that    any    property    sold    to 
satisfy  any  such  lien  shall  be  subject  to  redemption  within 


Act  2M8,  §  SM  MUNICIPAL   CORPORATIONS.  «M 

the  time  and  in  the  mnntirr  provided,  or  thnt  may  here- 
after be  provided  by  law  for  the  redemption  of  property 
sold  for  taxes. 

Bight  of  way. 

Sec.  532.  The  common  council  are  authorized  and  em- 
powered to  provide  by  oidinance  for  the  establishing,  lav- 
ing nut,  extending,  and  widening  streets  and  Other  pub- 
lie     highway!    and  city,    rind     Cor    taking 

privi  iking  private  prop,  rty 

lor    the    purpose    of    rights    of    way    for    dr  rerB,    and 

aqueducts,  and  for  th<    purpose  i  i  id  straighten- 

ing the  chain  reams,  and  the  improvement  of  n 

fronts;  hut  00  private  property  or  right  of  Way  over  or 
through  tho  same  shall  be  taken  without  the  consent  61 
the  owner  thereof  until   ■  just   compensation   for  the  smth.' 

shall    be    ascertained    and    paid    to    such    owner,   or   into    court 

foi  his  use.     It"  the  owner  of  any  |  land  pro] 

to  be  taken  for  any  such  improvement  shall  be  dissatisfied 
with  the  amount  of  compensation  awarded  by  said  council 
for  the  taking  of  such  parcel,  h<    may,  within  twenty 

r  the  date  of  such  award,  commence  an   i  linsl 

such     city    in    any    court    of    competent    jurisdiction    within 

the    city,    township,    or    county,  <r    such     amount 

•  .m    as    to  If    entit  l<  d    to. 

The    amount    of    compensation    ascertained     and     awarded 

in   such    action    shall    be    d<M  med   and    taken   to   be   the   amount 

of  compensation   to  which   Buch    person   will   be   entitled  if 
such  improvement  be  made.     If  such  person  fail  I 
in  such  action  a  greater  amount  of  compensation  than  was 
so  awarded  by  said  council,  he  shall  not  recover  costs  but 
shall    pay   c.ists   to   such    eity.     Any    owner    of    or    person 

int.  r<  -'ill  in  any  such  parcel  of  land,  who  shall  fail  to 
com:  li    action    within    the    time    lun  in    limited,    shall 

be   deemed   to   have   waived   his  right   in   that   behalf,  and 
to  have  assented  to  and  ratified  the  award  of  -aid  council. 
The   common   council  shall   not  acquire  jurisdiction   to  i  n  r 
anj   of  the  |  in  this  s<  tmer- 

until  s  petition  in  writing  then-for  is  first  presented 
igned  by  at  least  twenty  inhabitants  of 
said  city,  taxable  therein. for  municipal  purposes.  Booh 
petition"  must  describe  generally  the  *tr.  et,  highwa; 
public  place  proposed  to  be  laid  out  or  establish) 
propos., i  alteration  by  widening  or  extending  the  same, 
,,r   liv    widening   or   straightening   the   chann<  uns, 

or  by  tin  improvement  oi  water  fronts;  or  if  a  right  of 
way  is  sought   for  draw.-,  sewers,  oi    aq 


817  -  MUNICIPAL  CORPORATIONS.  Act  134S,  §  533 

tion  shall  describe  the  proposed  route  for  the  same.  Such 
petition  shall  be  heard  at  a  regular  meeting  of  the  coun- 
cil, notice  of  such  hearing  being  given  by  the  clerk  by  pub- 
lication in  a  newspaper  published  in  such  city,  for  a  period 
of  three  weeks  before  such  hearing.  Such  notice  shall  be 
deemed  to  give  said  council  full  jurisdiction  over  the  sub- 
ject-matter, and  over  the  person  of  every  owner  of  or 
person  interested  in  any  parcel  of  land  to  be  taken  or 
assessed  for  any  such  improvement;  and  every  person  in- 
terested, from  and  after  the  expiration  of  such  publication, 
shall  be  deemed  to  have  notice  of  all  subsequent  proceed- 
ings; provided,  that  nothing  herein  contained  shall  be 
construed  to  prevent  such  council  from  giving  such  other 
or  further  notice  as  they  may  deem  proper.  At  the 
time  fixed  in  such  notice,  or  at  such  time  to  which  such 
hearing  may  be  postponed,  the  council  shall  proceed  to 
hear  and  determine  the  prayer  of  such  petition  pursuant 
to  such  rules  and  regulations  as  may  be  prescribed 
by  such  ordinance.  Such  system,  so  established  by  ordi- 
nance, may  provide  for  the  payment  of  such  compensa- 
tion, either  by  the  levy  and  collection  of  special  assess- 
ments therefor,  in  proportion  to  benefits  upon  the  prop- 
erty to  be  affected  or  benefited  by  any  such  improvement, 
or  by  payments  made  out  of  the  street  fund,  or  river  and 
water  front  improvement  fund  of  such  city,  or  by  both. 
Any  such  special  assessment  made  and  levied  to  provide 
means  for  the  payment  of  any  such  compensation  and  the 
cost  of  ascertaining  the  same,  together  with  any  per- 
centage imposed  for  delinquency  and  the  costs  of  collec- 
tion, shall  constitute  a  lien  upon  and  against  the  prop- 
erty upon  which  such  assessment  is  made  and  levied,  from 
and  after  the  date  of  the  order  for  such  assessment;  which 
lien  may  be  enforced  by  a  summary  sale  of  such  property, 
and  the  execution  and  delivery  of  all  necessary  certificates 
and  deeds  therefor,  undei  such  regulations  as  may  be 
prescribed  by  ordinance,  or  by  an  action  in  any  court  of 
competent  jurisdiction  to  foreclose  such  lien;  provided, 
that  any  property  sold  to  satisfy  any  such  lien  shall  be 
subject  to  redemption  within  the  time  and  in  the  manner 
provided  or  that  may  hereafter  be  provided  by  law  for  the 
redemption  of  property  sold  for  taxes. 

Taxes  and  tax  sales. 

Sec.  533.  The  common  council  shall  have  power,  and  it 
shall  be  their  duty,  to  provide  by  ordinance  for  the  assess- 
ment, levy,  and  collection  of  all  city  taxes,  which  shall 
conform,  as  nearly  as  the  circumstances  of  the  case  may 
permit,  to  the  provisions  of  the  laws  of  this  state  in  ref- 
Gen.  Laws — 52 


Act  2348.  §334  MUNICIPAL  CORPORATIONS.  »i* 

erence    to    th<  ?>t.    l<  w.   and     col  taction    of    8tato 

and    county    t  (he    times    for    such    nsscs«- 

mrni,  levy,  and   collection,  and  i  ra  rjy 

whom  such  duti<s  are  to  l"'  performed.     All  U  wed, 

lor    with    any    pei  imposed     for     delinquency 

and  Mt'   collection,   shall    constitute   liem   on   mo 

prop<  from     and     after     the     first       Monday     in 

ZM : i r- < - 1 1    in   eaeh   year;   which    liana  may  be   enforced   by  a 
bo  miliary    sale    of    such    property,    and    tin     sxeontion    and 

delivery    <>f    all    i ssiry  and    «1<  i  ds    therefor, 

under  such  regulal  be  preaeribed  by  ordinance, 

ur     b  any    cnirt     of    competent     jurisdiction     To 

lose  such   !ii :  fled,  thai   any   property   aoH   (oi 

such  taxes  shall  be  subject  to  redemption  within  the  time 
and  in  tin  manner  provided  <»r  that  may  hereafter  be 
provided  by  law  for  thi  redemption  of  property  sold  for 
.Ml  deeds  made  upon  any  sale  of 
property    for    taxes     or     Bpeeial     aeaeaaments      under 

ehaptei     shall    have     the   same    force     and 
effed     in    evidence    as    is    or    may    hereafter    be    provided    by 

far  deeds   for  property  sola  for  non-payment  of  state 
or  county    taxes. 

Laws  eonei  rning  indebtedneea  to  continue  in  force. 

i.     No  money  shall  be  expended  or  drawn  out  of 
the    street    fond    for   any    but    Btreet    and    sewer    purposes, 

and  shall    be    expended   or   drawn    out   of   the   school 

fund     fOT    ai.  ttOOl     purposea      Whenever      any      city 

organizing  under  this  act  has  a  bonded  indebtedness  con- 
tract, d  or  issued  under  any  law  of  this  state,  all  the  pro- 
l  such  laws  in  regard  to  the  levying,  collection. 
I  taxes  and  revenues  for  the  payment  of 
gnea  indebtedness  and  the  interest  thereon,  shall  continue 
in  force,  and  the  taxes  levied  and  r<  venues  raised  for  the 
payment    of    the    interest    and    principal    of   such    Indel 

9    shall    be    in    addition    to    the    t:iM<    provided   by    section 

five  hundred  and  twenty-four  of  this  act,  and  the  common 
council  oi  Baid  city,  organizing  under  this  act,  is  hereby  au- 
thorized and  empowered  to  levy  and  collect  such  taxis  a..d 
apportion  such  revenues  for  the  payment  of  such  indebt- 
edness and  interest,  In  addition  to  the  limit  of  taxation 
Deri  prescribed    in    this    act;    and    nothing    in    this 

chapter  shall  be  construed  to  prevent  any  city  from  levying 
and   collecting   th<  ithorized    by    the    act    entitled, 

•  •  \„    act    to   establish   free    public    libraries    and    reading- 
approved    April     twenty-sixth,    eighteen    hundred 
and  eighty,  in  addition  to  the  taxes  herein  authorized  to  be 


819  MUNICIPAL,   CORPORATIONS.     Act  2IM8,   §  §  535,  536 

levied  and  collected.  All  moneys  received  from  licenses, 
and  from  fines,  penalties  and  forfeitures,  shall  be  paid  into 
the  general  fund. 

River  improvement. 

Sec.  535.  The  common  council  may  also  levy  and  cause 
to  be  collected,  in  each  year,  in  addition  to  the  taxes  herein 
authorized  to  be  levied  and  collected,  a  tax,  not  exceed- 
ing twenty  cents  on  each  one  hundred  dollars  of  the  as- 
sessed value  of  all  real  and  personal  property  within 
such  city  subject  to  taxation,  the  proceeds  of  which  tax 
shall  be  known  as  the  "Biver  and  Water-front  Improve- 
ment Fund,"  and  shall  be  applied  to  the  improvement  of 
streams,  bays,  and  water-fronts,  the  erection  of  embank- 
ments, and  other  works  to  protect  the  city  from  overflow, 
and  the  construction  of  works  of  drainage,  and  for  no  other 
purposes  whatever. 

Public  work  to  be  done  by  contract. 

See.  536.  In  the  erection,  improvement,  and  repair  of 
all  public  buildings  and  works,  in  all  streets  and  sewer 
work,  and  in  all  work  in  or  about  streams,  bays,  or  water- 
fronts, or  in  or  about  embankments  or  other  works  for  pro- 
tection against  overflow,  or  in  furnishing  any  supplies  or 
materials  for  the  same,  when  the  expenditures  required  for 
the  same  exceeds  the  sum  of  five  hundred  dollars,  the  same 
shall  be  done  by  contract,  and  shall  be  let  to  the  lowest 
responsible  bidder,  after  due  notice,  under  such  regula- 
tions as  may  be  prescribed  by  ordinance;  provided,  that 
the  common  council,  or  board  of  education,  may  reject  all 
bids  presented,  and  readvertise,  in  their  discretion;  and 
provided  further,  that  in  case  of  any  great  and  unfore- 
seen calamity  or  emergency  the  common  council,  by  a 
resolution,  unanimously  adopted  and  approved  by  the  mayor, 
may  dispense  with  the  foregoing  provisions  of  this  section, 
the  reason  for  such  action  being  entered  on  their  min- 
utes. The  common  council  shall,  annually,  at  a  stated  time, 
contract  for  doing  all  city  printing  and  advertising,  which 
contract  shall  be  let  to  the  lowest  bidder,  after  notice  as 
provided  in  this  section.  All  advertising  shall  be  done  in  a 
newspaper  printed  and  published  in  such  city,  and  the  con- 
tract therefor  shall  be  awarded  separately  from  all  other 
printing. 


Act  2343,   $5  550-562     U  KATIONS.  820 

Article    IV. —  Executive    Department, 

M  ayor. 

C   550.     The   mayor   shall   be   at   the   head  of  the   execu- 

department   of   the   city.     It   shall   he   his   duty   to   be 

vigilanl    ami   active   in   causing  the  laws  and  ordinances  of 

the    city    to    be    duly    i  I  ireed;    to    have    the 

a    of    the    police    department;    to    receive 

ami  examine  into  all  complaints  preferred  againsl   any  offi- 

to   1  >Mimon    council ;    to 

administer  rind   certify   oaths   and   affirmations   in   any   and 
ail  matters  and   |i  -  pertaining  to  the  city;  to  pre- 

at  all  ni'  common  council;  and  to  perform 

such    other    duties    as    arc    or    may    be    prescribed    by    law    Or 
ordins 

Clerk. 

It  shall  be  the  duty  of  the  clerk  to  keep  a 
true  and  correct  record  of  all  the  proceedings  of  the  com- 
mon council,  and  to  countersign  all  wan  keep  ;i,-. 
counts  current  with  ever}  charged  with  the  re- 
ceipt or  disbursement  of  mone;  d  of  the 
city  and  affix  Hie  same  to  all  ats  requiring  such 
seal;  to  perform  the  duties  required  of  him  by  the  next 
section;  to  report  to  the  common  council  on  the  first  Mon- 
day of  each  and  every  month  a  lull  and  detail,  d  statement 
of  the  r  and  disbursements  of  thi  treasury  during 
the  preceding  month,  and  ;  1  each  particular  fund, 
which  statement  shall  be  verified  by  his  oath;  to  adnun- 
i > t .  r  and  certify  oaths  and  affirmations;  to  perform  such 
duties     in    and    about    the     assessment,    levy,    and    collection 

ats  a-  may  1m-  prescribed  by  law  or 
ordinance;  to  appoint  deputies;  ami  to  perform  such  other 
ami   further  duties  as   the  common,  council  may    by   ordm. 

lie   . 

Treasurer. 

Sec.  "..".'2.  It  shall  be  the  duty  of  the  treasurer  to  re- 
ceive, u;  rder  of  the  clerk,  all  moneys  due  or  1m  - 
longing  to  the  city,  for  which  he  snail  give  his  receipt, 
which  receipt  shall  be  filed  with  the  clerk  by  the  person 
making  such  payment,  and  the  cU  rk  shall  give  to  such 
persons  his  rcc<  Lpt  therefor,  which  receipt  shall  be  the 
only  evidence  of  payment,  lie  shall  pay  all  warrants  drawn 
by  authority  of  and  in  accordance  with  law.  He  shall  per- 
form  such   dutVes   in   the   collection  of   taxejs  or  assessments 


821  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  553-561 

as  are  or  may  be  prescribed  by  law  or  ordinance.  He  shall,, 
on  the  first  Monday  of  each  and  every  month,  present  to 
the  common  council  a  full  and  detailed  statement  of  the 
amount  of  money  belonging  to  the  city  received  by  him, 
and  by  him  disbursed  during  the  preceding  month,  and  the 
state  of  each  particular  fund,  which  statement  shall  be 
verified  by  his  oath.  He  may  appoint  deputies  by  and  with 
the  consent  of  the  common  council,  and  shall  perform 
such  other  duties  as  are  or  may  be  prescribed  by  law  or 
ordinance. 

Compensation,  how  fixed. 

Sec.  553.  The  common  council  shall,  by  ordinances  not 
inconsistent  with  the  provisions  of  this  chapter,  prescribe 
the  duties  of  all   officers,  and  fix  their  compensation. 


Article   V. — Judicial   Department. 

Police  and  justices'  courts. 

Sec.  560.  The  judicial  power  of  the  city  shall  be  vested 
in  a  police  court,  to  be  held  by  the  police  judge  of  such 
city.  Said  police  court  shall  have  jurisdiction,  concurrently 
with  the  justices'  courts,  of  all  criminal  actions  and  pro- 
ceedings arising  within  the  corporate  limits  of  such  city, 
and  which  might  be  tried  in  such  justices'  courts;  and 
shall  have  exclusive  jurisdiction  of  all  actions  for  the  re- 
covery of  any  fine,  penalty,  or  forfeiture  prescribed  for 
the  breach  of  any  ordinance  of  such  city,  of  all  actions 
founded  upon  any  obligation  or  liability  created  by  any 
ordinance,  and  of  all  prosecutions  for  any  violation  of  any 
ordinance.  The  rules  of  practice  and  mode  of  proceeding 
in  said  police  court  shall  be  the  same  as  are  or  may  be 
prescribed  by  law  for  justices'  courts  in  like  cases;  and 
appeals  may  be  taken  to  the  superior  court  of  the  county 
in  which  such  city  may  be  situated  from  all  judgments  of 
said  police  court,  in  like  manner  and  with  like  effect  as  in 
cases  of  appeals  from  justices'  courts.  Said  court  shall 
be  a  court  of  record. 

Police  judge. 

See.  561.  The  police  judge  shall  be  judge  of  the  police 
court,'  and  shall  have  the  powers  and  perform  the  duties 
of  a  magistrate.  He  may  administer  and  certify  oaths  and 
affirmations,  and  take  and  certify  acknowledgments. 


Act  2348,  g }  M2-S72    MUNICIPAL    CORPORATIONS.  tO 

When   disfjualii 

S,  ,-.    562.      Tn    all    cases    in    which     tho    police    judge    is    a 

party,  or  in   which  he   is  Interested,  <t  when  ited 

ther  party  by  consanguinity  or  affinity  within  the  third 

degree,  or  is  otherwise  disqualified,  or  in  case  of  his  si' Iv- 
or inability  to  act,   the  mayor  may  call   in  a  jusl 

of  the   ;■  to  act   in   the   ; 

.  of  the  polio  or  it   there  be  do  justice  of  the 

peace    residing  in   the  city,  <>r   it"  all   those  so   residing  are 

likt  i.  lalifled,    then    he    may   caU    in   any 

the    |  Lding    in    the   county   ia   Which   such   city    may   be 

situated. 

Clerk   of   court. 

Bee.  568,  The  common  council  shall  appoint,  upon  the 
nomination  of  the  mayor,  a  <-l<  rk  for  said  police  court. 
Said  clerk  shall  keep  the  records  of  said  court  and  the 
si  al  thereof,  and  perform  such  other  duties  as  may  be  re- 
quired of  him  by  law  or  ordinance.  He  Bhall  recei^ 
salary  oi  one  hundred  dollars  per  month.  The  couucil  shall 
also   provide   a  Beal   for   said   police   court 

Article  VL — School   Department. 
of   education. 

.'nun   and   after   the   organization   of  each  of 
such  oiti<  me  shall  conetitute  a  separate  school 

trict,  which  shall  be   governed  by   the  board  of  education  of 
such   city. 

Vacancies. 

Sec.   571.     In   case   a   vacancy   shall   occur   in    the   office   of 
scbool  director,  the  board  of  education  shall  choose  a  per- 

to    fill    such    vacancy,    who    shall    serve    until     the 
election,   when,   if  the   term   docs  not   then   expire,   a    pel 

[]   be   elected  to  serve  for  the   remainder  of  such  unex- 
pired term. 

Meetings. 

Sec.    572.     The    board    of    education    shall    meet    on    the 

od   Tuesday   after  such  general   municipal  election,  and 

choose    one   of    its    mi  mbers   as    pr.  -  aothei    as 

vice-president,     tts     regular    meetings    shall     I  •     be 

held   as  often   as   twice    in   each    month,   and    the   time   and 


823  MUNICIPAL   CORPORATIONS.  Act  2348,  g  573 

place  for  holding  such  meetings  shall  be  fixed  by  a  rule 
of  said  board.  Special  meetings  of  said  board  may  be  held 
when  called  by  written  notice,  signed  by  its  president,  or 
three  of  its  members,  and  delivered  personally  to  each 
of  its  members  who  shall  not  have  signed  the  same.  Four 
members  shall  constitute  a  quorum,  and  no  business  shall 
be  transacted  by  said  board  of  education  without  the  con- 
currence of  four  of  its  members;  but  a  majority  of  the 
members  present  at  any  meeting  may  adjourn  from  time  to 
time.  All  meetings  of  said  board  of  education  shall  be 
public,  and  full  records  of  its  proceedings  shall  be  kept  by 
the  school  superintendent,  who  shall  be  ex-officio  clerk  of 
said  board  of  education. 

Powers  of  board. 

Sec.  573.     The  board  of  education  shall  have  power: 

To  maintain  schools. 

1.  To  establish  and  maintain  public  schools,  and  to  sub- 
divide the  school  districts,  and  to  fix  and  alter  the  boun- 
daries  of   such   subdivisions. 

Superintendent. 

2.  To  appoint  a  school  superintendent,  who  shall  hold 
office  during  their  pleasure,  and  to  prescribe  his  duties, 
and  fix  his  compensation. 

Employees. 

3.  To  employ  and  dismiss  teachers,  janitors,  truant- 
ofiicers,  and  school-census  marshals,  and  to  fix,  alter,  al- 
low, and  order  paid  their  salaries  or  compensation;  and 
to  employ  and  pay  such  mechanics  and  laborers  as  may 
be  necessary  to  carry  into  effect  the  powers  hereby  con- 
ferred. 

Eegulation  of  schools. 

4.  To  make,  establish,  and  enforce  all  necessary  or  proper 
rules  and  regulations,  not  in  conflict  with  the  laws  of  this 
state,  for  the  government  and  management  of  public  schools 
within  such  city,  the  teachers  thereof,  and  the  pupils  there- 
in, and  for  carrying  into  effect  the  laws  relating  to  edu- 
cation. 

Supplies. 

5.  To  provide  for  the  school  department  of  such  city  fuel 
and    lights,    water,    printing,    and    stationery,    and    to   incur 


KUNICIF  OF  ITIONB,  EM 

such  oth<  r  im'iili  i.tal  t  i  may  be  deemed  necessary 

by  said  board. 

Building  and  repairs. 

6.  To   build,        -    r.   r.         r,  rent,   and    provide   school-houses, 

and  to  furnish  tl  :  ool   furniture,  ap- 

tus,    and    appl  ad    to   insure    any    and    all    school 

rty. 

♦e. 

7.  To  purchase,  ree  te,  and  hold  in  fee,  in  trust 
for  Buch  city,  •  --mil  property 
that  may  lia\  ■  I.  or  may  hereafteT  be  acquired, 
for  the  ale  and  benefit  of  ti  of  snob  city;  provided, 
thai  no  r  r  exehang  I,  imr 
any  expenditure  incurred  for  the  construction  of  new  school- 

prithout  tl                  <1  of  tin-  common   council;   ami 

ided    fur'  tin     proceeds    of    any    such    aali 

exchange  of  n  •  ■       ■  ■        applied  to  school 
pnrj 

Improvement. 

grade,  fence,  and  Improve  nil  school  lots. 

To   determine   mo- 
ll.  To    determine    annually    the    amount    of    money    required 

f,,r  •  rt  of  the  pub!  »,  and  for  carrying  into 

I    ;iii   th(  •    in    refer*  nee   thereto;   and 

in    pnrsu  this,    provision,    the    board    of    education 

thai  the  eon  moa 

council   at  whieh  the   annual  city  t  l<  tried,  submit 

in  writing  to  the  common  •  ful  estimate  of  the 

nounl    of    money    to    be    n  •  ••  ived    from    the    state 

ity,  and  of   the  amount   to   be  required   from 

f,,r    the  »Cj    and    the    amount    so 

found  red   from   the  city  shall,  by  the  common 

COUUeil,   be    added    to    the   other  amounts    |  and 

for   city    purposes,    and    when    collected,   the    pro- 

11    be    immediately  paid    into    the    school 

fund   of   such  cil                  drawn   out  only  upon   the  order 

„f  the  board  oi   education;   provided,  thai  such  annuai 

shall   not   .x 1   twentj   Hi  '   one  hundred   dol- 

.1  \  aluation  oi  »n*l  prop- 
within   such   city. 


825  MUNICIPAL    CORPORATIONS.     Act  2S48.  §  §  574,  573 

Disbursement  regulations. 

10.  To  establish  regulations  for  the  just  and  equal  dis- 
bursement of   all   moneys  belonging   to    the   school    fuutl. 

Incumbrances. 

11.  To  discharge  all  legal  incumbrances  existing  at  the 
time  of  the  incorporation  of  such  city,  or  thereafter,  on 
any  school  property  within  such  city. 

Admission   of  nonresidents. 

12.  To  admit  nonresident  children,  and  persons  over 
twenty-one  years  of  age,  to  any  of  the  departments  of  the 
schools  of  such  city,  upon  the  payment,  monthly,  in  advance, 
to  the  treasurer  of  such  city,  fur  the  school  fund,  of  such 
tuition   fee    as   said   board    may    establish. 

Age  limit. 

13.  To  prohibit  any  children  under  six  years  of  age  from 
attending   the   public  schools. 

Grades  and  text-books. 

14.  To  establish  and  regulate  the  grades  of  schools  in 
such  city,  and  the  course  of  study,  and  the  mode  of  in- 
struction to  be  pursued  therein,  and  to  determine  what  text- 
books shall  be  used. 

Other    acts. 

15.  To  do  and  perform,  in  addition  to  the  foregoing 
powers,  such  other  acts  as  may  be  necessary  or  proper  to 
carry   into   effect   the   powers   hereby    conferred. 

Board    may    sue. 

Sec.  574.  The  board  of  education  may  sue  and  be  sued 
by  their  name  of  office.  In  any  action  or  judicial  proceed- 
ing against  said  board,  service  of  process  upon  the  presi- 
dent, or  upon  a  majority  of  the  members  of  the  board,  shall 
be  sufficient  to  give  the  court  jurisdiction  to  hear  and  de- 
termine the  same. 

County  treasurer  to  pay  over. 

Sec.  575.  All  moneys  received  by  the  treasurer  of  the 
county  wherein  such  city  may  be  situated,  on  account  of 
the  school  fund  of  such  city,  or  the  school  district  ebu- 
6isting  of  the  same,  and  all  sums  received  into   the   county 


Act  2348,  §S  576-C79     MUNICIPAL    CORPORATIONS.  82« 

-nry,  which  m  ly  he  apportioned  to  said  city  or  flis- 
trict,  shall  be  paid  to  the  treasurer  of  such  city  by  the 
treasurer    of    such    county,   as    soon    a-  ■!.    or    as    soon 

as  the  apportionment  shall  be  made,  when  apportionment  is 
necessary. 

Powers   of   pr<  sadeui. 

Sec.    576.      The     president     of     the     hoard     of     nh 
shall    have    power    to    administer    oaths    and    affirmai 

concerning  any  demand  upon  the  treasury,  payable  out  of 
the  school  fund,  ind  in  all  other  matters  relating  to  the 
duties    of    the    board    of    education,    and    to    wil  ram- 

ined   in   any  Hon   had   by   such   board   of   education, 

or  by  a  committee  thereof,  duly  appointed  by  it  for  that 
purpose. 

Same. 

Sec.  577.  Said  president  may  issju  subpoenas  nnder 
his  hand  and  the  sea]  of  Buch  city,  attested  by  tbe 
clerk,  to  compel  the  attendance  of  witnesses  b  fori  such 
board  of  education,  or  committee  thin  of.  Who  shall  be  en- 
titled to  the  same  fees  as  9  in  civil  cases,  an  1  who 
may  be  punished  for  contempt  for  noaattendaaoe,  W  re- 
fusal to  be  sworn,  or  to  answer,  by  the  snperiot  court  of  the 
county  in  which  such  city  may  be  situated. 

Claims. 

S.  >\    .ri7^.      Every    claim    payable    out    of    the    school    fund 
shall   be  filed   with   the   clerk   of   the  board   of  education,   and 

after  it  shall  have  been  approved  by  the  board,  a  certificate 

of  such  approval  shall  be  indorsed  thereon,  signed  by  the 
president  and  clerk;  and  a  warrant  upon  the  school  fund 
shall  he  issued  thereon  for  the  payment  of  such  claim, 
which    warrant    shall    1  :.    by    the    president    of    such 

hoard,  and  countersigned  by  the  clerk,  and  shall  specify  for 
what  purpose  the  same  is  drawn. 

Entire  revenue  for  schools. 

Sec.   579.     The    entire   revenue   derived   by  such    city   from 
the    state    school    fund    and    the    state    school    tax    shall    be 

applied  by  said  board  of  eduoation  exclusively  to  the 
port  of  primary   an  I    grammar  schools. 


827  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  J%-C00 

Article    VII. — Miscellaneous    Provisions. 
Moneys  collected. 

Sec.  590.  Every  officer  collecting  or  receiving  any  moneyg 
belonging  to  or  for  the  use  of  such  city  shall  settle  for 
the  same  with  the  clerk  on  the  first  Monday  in  each  month, 
and  immediately  pay  the  same  into  the  treasury,  on  the  or- 
der of  the  clerk,  for  the  benefit  of  the  funds  to  which  such 
moneys  respectively  belong. 

No  officer  to  be  interested  in  contracts. 

Sec.  591.  No  officer  of  such  city  shall  be  interested,  di- 
rectly or  indirectly,  in  any  contract  with  such  city,  or 
with  any  of  the  officers  thereof,  in  their  official  capacity, 
or  in  doing  any  work  or  furnishing  any  supplies  for  the 
use  of  such  city  or  its  officers  in  their  official  capacity; 
and  any  claim  for  compensation  for  work  done,  or  supplies 
or  materials  furnished,  in  which  any  such  officer  is  inter- 
ested, shall  be  void,  and  if  audited  and  allowed  shall  not 
be  paid  by  the  treasurer.  Any  willful  violation  of  the  pro- 
visions of  this  section  shall  be  a  ground  for  removal  from 
office,  and  shall  be  deemed  a  misdemeanor,  and  punished  as 
such. 

CHAPTER  V. 

MUNICIPAL,    CORPORATIONS    OF    THE    FOURTH    CLASS. 

(Charter  for  cities  having  a  population  of  more  than  10,000 
'    and  not   exceeding   15,000.) 

Article    I. — General    Powers. 

Fourth    class. 

Sec.   600.     Every    municipal    corporation    of    the     fourth 

class  shall  be  entitled  the  city  of (naming  it),  and 

by  such  name  shall  have  perpetual  succession,  may  sue  and 
be  sued  in  all  courts  and  places,  and  in  all  proceedings 
whatever,  and  shall  have  and  use  a  common  seal,  and  the 
same  alter  at  pleasure;  may  purchase,  receive,  have,  take, 
hold,  lease,  use,  and  enjoy  property  of  every  name  or  de- 
scription, and  control  and  dispose  of  the  same  for  the  com- 
mon benefit. 


Act  2048.  §  5  Ml.  602    MUNICIPAL    CORPORAT1  *> 

Article  EL— General  Pi  Relating  to  Oil 

Ofli' 

iffiei  n    Of    sm'li    city    shall    consist    oV     i 

mayor,    twelve    eonneilmen,    a     collector,     who    shall 

"in  r.    an  r.    city    clerk. 

denl 
h    ward; 

whenever    a    free    public    library    and    reading-room    is 

atul     flu-     coun- 
cil n  pro>  ide  for  t)  •  l>y  the   -  -aid 
city,  or  by  said  council,  of   a  superintendent   of   Irrigation. 
■  il   may                                                 r.    harbor 

r.     pom  and    city    Jailer,    and    whenever    a 

j- aid   lire   department   shall    be   established    in   such   city,   a 
ehi(  i  -.   and   on<    or   mor<  and 

any  other    oil  to  carry  ont  the   provision* 

this   chapter,   and  election    or    appointment    no 

provision  I    may    by    ordinal 

duties  of  all  fix   their  compensation,  sub 

to  the  limitations  hi  rein  c< 

Election    under    this    net. 

••  r  the  Ural  hfonday  of 
Nov*  mb<  r  of  each  odd-numben  d  y.  ar  a  municipal  election 
shall    be   held,   at    which   the   qualified    voters   of   such   city 

shall      elect      one      school      t  r  ■  - 1 .  - 1 1      ward,     and      six 

councilman,  to  be  voted  for  by  th<    wards  they  ma 

lively   n  and   each    to   Hold  ■      the   term   of 

four   years,   and   until   the   qualification    of    his    - 

niul    also    B    mayor,    an  lUeetor    ancl    street   com- 

mission, r.  city   attorney,  police  Judge,  ehii  f  of   police,  and 
superintendent    of     public  shall     each     bold 

office   for   I v.  and  until   the  qualification 

or;    provided,   that    at    the    first    election    I  r    the 

organization    o(    such    city    under    t;  neb    city    - 

,,,i  truati  b  i  ard,  and  t  w.  h  «•  council 

all,    at     the     first     D  -unci] 

n,,,l     board    Of    education,    r  f,    decide    by    lot     their 

laid    councilmen    and    one-half   of 
thi    number  of  school   trustees  to  hold   for  the  term  of  four 
i ml    the  oth-  rs   foT   the   term  ad   in 

.     until    the    qualification    of    their    raoejM 


829  ,  MUNICIPAL.    CORPORATIONS.     Act  234S,  §  §  603,  604 

Provisions   concerning  elections. 

Sec.  603.  The  city  council  shall  call  all  city  elections, 
designate  the  time  and  place  of  holding  the  same,  giving 
at  least  ten  days'  notice  thereof,  and  shall  appoint  one 
inspector  or  clerk,  and  two  judges  of  election,  for  each 
ward  or  election  precinct  in  such  city,  who  shall  appoint 
two  clerks,  and  all  shall  take  the  oath  of  office  prescribed 
by  law  for  inspectors,  judges,  and  clerks  of  state  and 
county  elections.  All  provisions  of  law  regulating  elec- 
tions for  state  and  county  officers,  not  conflicting  here- 
with, shall  apply  to  elections  under  this  chapter.  The 
polls  for  all  city  elections  shall  be  open  at  eight  o'clock 
A.  M.,  and  continue  open  until  five  o'clock  P.  M.,  the  same 
day.  If  any  officer  so  appointed  shall  fail  to  attend,  those 
attending,  with  the  electors  assembled,  shall  fill  their 
places  by  others  from  the  qualified  electors  present.  All 
returns  of  city  elections  shall  be  made  out  and  signed  by 
the  officers  of  sucn  election  in  the  usual  form,  and  depos- 
ited with  the  city  clerk  within  two  days  after  the  election. 
The  persons  having  the  plurality  of  the  votes  cast  for  each 
of  the  respective  offices  voted  for  shall  be  declared  elected. 
No  person  shall  vote  at  any  city  election  unless  he  shall 
be  an  elector  for  state  and  county  officers,  and  shall 
have  actually  resided  within  such  city,  and  in  the  pre- 
cinct where  he  may  offer  to  vote,  thirty  days  preceding 
such  election;  provided,  that  any  elector  who  may  remove 
from  one  precinct  to  another  within  thirty  days  prior  to 
such  election  may,  if  a  qualified  voter  therein  at  the  time 
of  removal,  vote  in  the  precinct  from  which  he  may  have 
moved.  If  any  person  not  having  the  legal  qualifica- 
tions of  an  elector  at  any  city  election  shall  fraudulently 
vote,  or  attempt  to  vote,  or  knowingly  hand  in  two  or 
more  ballots  folded  together,  or  shall  vote,  or  attempt  to 
vote,  more  than  once  at  the  same  election,  such  person  or 
persons,  on  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  twenty  nor  more  than  five  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  for  any  period  not 
more  than  three  months,  or  may  be  punished  by  both  such 
fine  and  imprisonment. 

City  council  to   canvass   vote. 

Sec.  604.  On  the  Monday  following  the  election,  the  city 
council  shall  convene  and  publicly  canvass  the  result,  and 
shall  issue  certificates  of  election  to  each  person  elected 
by   a   plurality  of   votes.     When   two   or   more   persons   have 


55  605,  60C     MINiril'AL    CORPORATION'S.  .  830 

received  an  equal  and  highest  number  of  votes  for  any 
one  of  tin1  offices  voted  for,  the  eity  council  shall  there- 
after, at  its  first  regular  n  vote  betwei  d 
the  par''.-  which  Bhall  be  elected.  If  the  city  eouneil 
from  ;,i;\  meel  on  the  day  namni,  the  mayor 
shrill  call  a  Bpecial  meeting  of  said  council  within  five 
■  'l  in  add  'he  notice  provided  for 
/•ailing  special  meetings,  shall  publish  the  panic  on  two 
BUCC  ■  newspaper  published  in  sueh  eity 
If    t                     :■    fail     to    call    said    me.  ting    within    Said    five 

day-;,   anj  -     ouncilmen    may   call    it.     At    inch    special 

meel  appointments,  or  other  business  may 

acted  that  could  have  been  on  the  day  first  herein 

named. 

When  vacant. 

B  officer  of  IDSh  city  shall  take  the  oath 
of  office,  ami  sueh  as  may  be  required  to  give  bond,  file 
the  a    t'-n    days   a'  ring 

DOtice    Of    his  intment,    or    if    no    notice    be 

then    on    or    before    the    date    fixed    for    the    as- 
sumption  by    him   of    the    duties  of   the   office   to    which   he 
have  bit  n    elected    or    appointed;   but    if    any    one, 
either  i  lecti  d   or  .   fail   f<>r   ten   days  to 

quality  as  required  by  law  or  to  enter  upon  his  duties  at 

Mine  fixed  by  law  or  the  orders  of  the  city  eouneil, 
then  such  oflice  shall  become  vacant;  or,  if  any  such  o;' 
shall  absent  himself  from  such  city  continuously  for  ten 
days  without  *  He  Const  nt  of  the  eity  council,  or  shall  openly 
neglect  or  refuse  to  discharge  his  duties,  such  office  may 
be  by  the  city  council  declared  vacant;  provided,  that  the 
penalty  for  absence  from  the  eity  shall  not  apply  to  such 
Offieen  as  serve  without  salary  or  other  compensation. 
as     are    elected     by    I  -    of    the    city 

shall   enter  upon   their  duties   on    the   first    Monday    of  Janu- 
arv    next  iL,r   the   date   of   th-ir   election;    such   of- 

ficers  as   are   appo  I    by   the    city   council   shall 

t  upon   their  duties   within   ten   days  after  receiving   no- 
tice  of    their   appointment   or    election. 

Unexpiri  d   term. 

Bee.    606.      When    any    vacancy   occurs    in    any    elective   of- 
fice, except   the   mayor,   the  eitj    council    may   fill    the   same   for 

the   onezpired    term,   except    in   i  -\    .ouncilmen,  or 

•chool    trustees,    which    shall    be    filled    until     the    next    city 


831  MUNICIPAL,    CORPORATION'S.     Act  2348,  §§  607-610 

election,  and  until  the  qualification  of  a  successor.  The 
city  council  may,  upon  written  charges  to  be  entered  upon 
their  journal,  after  notice  to  the  party,  and  after  trial, 
by  a  vote  of  two-thirds  of  all  the  members  elect,  remove 
any   officer. 

Official  bonds. 

Sec.  607.  It  shall  be  the  duty  of  the  city  council  to  pro- 
vide for  the  accountability  of  the  city  assessor,  treasurer, 
clerk,  police  judge,  collector,  and  street  commissioner, 
city  attorney,  and  all  other  officers  herein  provided  for,  b}r 
requiring  from  them  sufficient  security  for  the  faithful 
performance  of  their  duties  or  trusts,  which  security  shall 
be  given  by  them  before  entering  on  their  respective  du- 
ties. If  such  security  should  be  or  become  insufficient,  ad- 
ditional security  may  be  required,  and  if  not  given  within 
ten  days,  the  council,  by  a  vote  of  two-thirds  of  the  mem- 
bers, may  declare  the  office  vacant,  and  may  thereafter  fill 
the  same. 

Compensation. 

Sec.  608.  The  mayor,  councilmen,  and  school  trustees 
shall  not  receive  any  salary  or  compensation  for  their 
services;  provided,  that  members  of  the  city  council,  or 
a  committee  thereof  for  that  purpose  appointed,  may  re- 
ceive for  their  services,  while  acting  as  a  board  of  equali- 
zation, a  sum  to  be  determined  by  the  council,  not  to 
exceed  for  each  one  five  dollars  per  day,  for  each  day 
while  actually  so  engaged,  for  two  weeks  in  each  year, 
and  no  longer. 

Street  commissioner. 

Sec.  609.  The  collector  and  street  commissioner  shall 
receive  a  salary,  to  be  fixed  by  the  city  council,  which 
shall  not  exceed  the  sum  of  fifteen  hundred  dollars  pur 
annum. 

No  additional  compensation. 

Sec.    610.     The   city   council    shall    have    no    power    to    al- 
low  any   extra   or   additional   compensation   to    that    in    this 
chapter   expressly    authorized   to    any   officer    for   the    rendf 
tion  of  services  that  the  city  council  have  power  to  require 
the   officer   to   perform   by   virtue   of   his   office. 


Act  2348.   5  5  61I-C21  \L    CORPORATIONS.  ■ 

Ward  division. 

■•11.     In   ease   any  such   city  shall,   at   the   time  of  its 
organisation   under   this  act,   be  divided   into  wards,  such   <li- 
.ill   continue,  but   the  city   council    may.  at    any    time 
within  time  months  previous  to  an  annual  city  election, 
change  the  boundaries  of  such  wards,  or  divide  it  into  others, 
not  •  rj  provided,  that  such  change  shall 

not  affect  the  tern  of  office  of  any  councilman  <>r  school 

-    i    fur   tho   ward   in   which 
their  may  be  J   l>ut   if  more  reside  with?  i  Ward 

than  the  proportion  to  which  it  is  entitled,  those  of  the  short- 

nexpired  term  shall,  by  the  council,  i  I  for  such 

unexpired   drm   to  a   ward    where   there   is  a    raoaney,     The 

ition  of  each  ward  in  the  city  council  shall  be  as 
mar  as  may  he  in  proportion  to  its  papulation,  but  each  ward 
shall  have  two  school  tru 

Article    ill. — Legislative    Department. 
City    com  .oil. 

The  mayor  and  eonneilmen  of  the  wraral  wards 
shall  constitute  the  city  council,  and  at  its  first  meeting  in 
.try  next  after  a  city  election  shall  elect  a  city  clerk, 
city  treasurer,  and  one  of  their  own  body  as  president  of  the 
city  council,  and  at  any  time  when  the  mayor  and  president 
arc  botfa  absent,  may  elect  a  president  pro  tern.,  who  shall  act 
during  such  absence.  They  shall  also,  at  such  time,  designate 
the  number  of  policemen  for  such  city,  to  be  elected  as  fa 
ter  provid 

Sec.  621.  A  majority  of  the  couneilrnon  elect  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  A  less 
number  may  adjourn  from  time  to  time,  and  they  may  com- 
be attend.!' of  absent  members.  The  council  may  pun- 
ish their  members  for  disorderly  conduct,  and  upon  written 
charges  to  be  entered  on  their  journal,  for  such  conduct,  after 
trial,  may  i  xpel  a  member  by  a  vote  of  two  thirds  of  all  tho 
men  d.  The  mayor  shall  have  a  vote  only  in  case 
of  a  tie  in  the  votes  of  the  other  members.     They  shall  di 

their  rules  of  proceeding  and  the  qualification  of  mem- 
ben.  Ti u  moil  shall  be  open  to  the  public. 
except  where  the  i;  -  !  he  city  shall  requii  V 
journal  of  all  their  proceedings  shall  be  kept  bj  the  clerk 
under  their  direction.     At  any  time,  at  the  request  of  au; 


853  MUNICIPAL  CORPORATIONS.  Act  2348.  §  622 

members,  the  ayes  and  noes  on  any  question  lihall  be  taken 
and  antered  upon  the  journal. 

Powers  of  council. 

Sec.  622.  The  city  council  shall  have  power  and  author- 
ity to  make  and  pass  all  by-laws,  ordinances,  orders,  and  reso- 
lutions not  repugnant  to  the  constitution  of  the  United  States 
or  of  the  state  of  California,  or  the  provisions  of  this  charter, 
necessary  for  the  municipal  government  and  the  management 
of  the  affairs  of  the  city,  for  the  execution  »of  the  powers 
vested  in  said  body  corporate,  and  for  carrying  into  effect 
the  provisions  of  this  chapter;  to  fix  and  collect  a  license  tax 
on  and  to  regulate  theatres,  melodeons,  balls,  concerts,  dances, 
and  all  theatrical,  melodeon,  circus,  or  other  performances, 
and  all  performances  where  an  admission  fee  is  charged,  or 
which  may  be  held  in  any  house  or  place  where  wines  or 
liquors  are  sold  to  the  participators;  also  all  shows,  billiard- 
tables,  bowling-alleys,  exhibitions  or  amusements;  to  fix  and 
collect  a  license  tax  on  and  to  regulate  all  taverns,  hotels, 
restaurants,  saloons,  bar-rooms,  banks,  brokers,  manufactories, 
livery-stable  keepers,  express  companies,  and  persons  engaged 
in  transmitting  letters  or  packages,  railroad,  stage,  and  steam- 
boat companies  or  owners,  whose  principal  place  of  business 
is  in  such  city,  or  who  shall  have  an  agency  therein;  to  license 
and  regulate  auctioneers;  to  license,  regulate,  tax,  prohibit, 
or  suppress  all  tippling-houses,  dram-shops,  saloons,  bars,  bar- 
rooms, raffles,  havtkers,  peddlers,  pawn-brokers,  refreshment 
of  coffee-stands,  booths,  or  sneds;  to  prohibit  or  suppress,  or 
to  license  and  regulate,  all  dance-houses,  fandango-houses, 
cock-fights,  dog-fights,  or  any  exhibition  or  show  of  any  ani- 
mal or  animals;  to  license  and  tax  hackney-coaches,  cabs, 
omnibuses,  dravs,  market-wagons,  and  all  other  vehicles  used 
for  hire,  and  to  regulate  their  stands,  and  to  fix  the  rates 
to  be  charged  for  the  transportation  of  persons,  baggage,  and 
property;  and  to  license  or  suppress  runners  for  steamboats, 
railroads,  taverns,  or  hotels;  and  to  fix  and  collect  a  license 
tax  upon  ail  occupations  and  trades,  and  all  and  every  kind 
of  business  authorized  by  law,  not  heretofore  specified,  and 
provided,  that  in  the  business  of  selling  intoxicating  drinks, 
wines,  ales,  and  beers,  in  less  quantities  than  one  quart,  or  to 
be  drank  on  the  premises  where  sold,  and  on  any  other  busi- 
ness, trade,  or  calling  not  provided  by  law  to  be  licensed  for 
state  and  county  purposes,  the  amount  of  license  shall  be 
fixed  at  the  discretion  of  the  eity  council,  as  they  may  deem 
the  interests  and  good  order  of  the  city  may  require;  also  to 
Gen.  Uw»- 63 


Act  0*9.  5  622  MCIPAL,  CORPORATIONS.  «M 

prevent   and    restrain   any    r> > i t    or    riotous    a  urb- 

ance  of  the  peace,  or  disorderly  conduct,  In  my  j ■  in «■«*.  house, 

treat  in  the  city;  to  prevent,  remove,  andnl>.it.  auisaj 
at  1 1  or  semmittiag, 

lintainin  j  idish,  inui  tit:i  in.  :nnl    regnlate 

nt  a  pound  keeper, 
wlio  shall  !•<    paid  out  of  th<  I  and  col- 

lected  of  tin   own<  i  aded,  and  from  no 

other  Hniriv ;  to  prevent  and  regulate  the  running  at  lar^ 
and  all  d  oimala  within  the  eitj    bait*,  or  any 

•  •  or  prevent  the  keeping 
animals   within  any    pa:  >ntr..l   and 

skiu^      -  .    laundries,  tanner  ,  and 

trades,  ami   to    pr  theix    axclus  »n   oi    re- 

moval  from  the  city   Limit*,  or   Croo  any   part    thereof j    to 
for    the    prevention    and    summary 
removal   of  all   liltli  and    garbage    In    th  sloughs, 

ickyards,    or    public   gra 
where   therein;    to   establish,   alter,   and    repair   <n\    prii 
and  to  provide  Cor  the  regulation  ot  tin-  same,  and   Cot 
safe-kir].  to    provide 

and   clothing   of    the    city    prisoners; 

to      |  gSJ  g      for      pcTSODS 

crimes    or    misdemeanors,    and    their    proper 
employment    and  rj     working    for    the    benefit     of 

the  city;  ami  also  to  ]  the  arrest  and  compulsory 

working   of    vs  to   prohil.it    and   suppress   all   gaming, 

and  all   gambling  or   disorderly  ill 

fame,   and   all    immoral    and    in  rhibi- 

and    shows;    to    establish    and    regulate     markets    ami 
•••    the   >]■•  >  d    at    i ln.-li    rail 
Nad    Oars    may    run    within    the    city     limits,     or     any     portion 

thereof;    to    provide    Cor  and    regulate   the   commons   of   the 
eity;  bo  regulate    and  |  tsl  driving  or  riding  La  any 

port  Or     prohil.it     the     loading     or 

ssorai  ler  and    combustible    or    explosive    i 

rials    in    the    city,    or    tra;  •     through    its 

r   its    waters;    to    have,    pun-has.',    bold, 

propert;  r   k;ml   w]  and 

the    -  irol, 

or    Improve;     to    I  oustruct    houses,    build- 

.  or  structures  of  any  kind  needful   for  tsv  pur* 

nbbsh,    continue,    regulate,    and 

ii  abstain   a    Ire  depart  n  r  n> 

organise   the  saaM)  and   to   disband  any    company    or    com- 


835  MUNICIPAL  CORPORATIONS.  Act  2348.  §  6J:' 

panies  of  the  said  department;  also  to  discontinue  and  dis- 
band said  fire  department,  and  to  create,  organize,  estab- 
lish, and  maintain  a  paid  fire  department  for  such  city ; 
provided,  that  nothing  in  this  chapter  shall  be  construed  to 
authorize  the  said  city  council  to  disband  or  discontinue 
the  fire  department  of  any  city  having,  at  the  time  of  its 
organization  under  this  act,  a  volunteer  fire  department  or- 
ganized and  existing,  or  to  create,  establish,  and  main- 
tain a  paid  fire  department  therein,  without  first  submit- 
ting the  proposition  of  establishing  a  paid  fire  department 
for  such  city  to  the  legal  voters  thereof,  at  a  general 
city  election,  for  decision,  and  not  after  such  election,  un- 
less thereat  a  majority  of  all  the  votes  cast  at  such  elec- 
tion are  in  favor  thereof;  and  in  the  event  that  any  time 
hereafter  the  volunteer  fire  department  of  such  city  shall 
be  disorganized  or  disbanded,  and  a  paid  fire  department 
established  in  its  stead,  then  every  person  who  shall  have 
been  an  active  fireman  for  the  space  of  two  years  next 
before  the  date  of  such  disbanding  aud  establishing  shall 
be  entitled  to  and  shall  receive  an  exempt  fireman's  cer- 
tificate, and  such  certificate  shall  entitle  the  person  to 
whom  it  is  issued  to  all  benefits  and  immunities  accorded 
by  the  laws  of  this  state  in  regard  to  exempt  firemen;  to 
institute  and  perfect  any  and  all  measures  and  means  for 
the  prevention  or  extinguishment  of  fires;  to  establish  fire 
limits,  and  the  same  to  alter  at  pleasure;  to  regulate  or 
prevent  the  erection  of  wooden  or  other  buildings  or  struc- 
tures of  combustible  materials;  to  regulate  the  construc- 
tion of  buildings,  sheds,  awnings,  signs,  or  any  structures 
of  a  dangerous  or  unsafe  character;  to  adopt,  enter  into, 
and  carry  out  means  for  securing  a  supply  of  water  for 
the  use  of  such  city  or  its  inhabitants,  or  for  irrigating 
purposes  therein;  to  prevent  the  overflow  of  the  city,  or 
to  secure  its  drainage;  to  provide  for  the  numbering  of 
houses;  to  establish  a  board  of  health;  to  prevent  the 
introduction  and  spread  of  disease;  to  establish  a  city 
infirmary,  and  provide  for  the  indigent  sick;  and  to  pro- 
vide and  enforce  regulations  for  the  protection  of  health, 
cleanliness,  peace,  and  good  order  of  the  city;  to  estab- 
lish and  maintain  hospitals  within  or  without  the  city 
limits;  to  control  and  regulate  interments,  and  prohibit 
them  within  the  city  limits;  to  build,  alter,  improve,  keep 
in  repair,  and  control  the  water-front;  to  erect,  regulate, 
and  repair  wharves  and  to  fix  the  rate  of  wharfage  and 
transit  wharf,  and  levy  dues  upon  vessels  and  commodities, 
and   to   provide   for  the  regulation   of   berths,  landing,   sta- 


5  622  MINI«IP.\L   CORPORATION'S.  83'' 

tioninp,  anil  removing  of  steamboats,  s»il  vessels,  rafts, 
barges,  and  all  other  water  eraft;  to  fix  the  rati  of  speed 
at  which  steamboats  and  other  strain  water  craft  may 
iun  along  the  water-front  of  the  6ity;  t.»  baild  l>ri .  1  <_r- 
as  nut  tu  interfere  with  oavigatioa;  to  provide  for  th- 
removal  of  obstructions  to  the  navigation  of  any  chan- 
nel   ur    water-course;    to    clear    out    and    excavate    slmi},'1!-. 

and    nt  In  r    wat.  r  i 

boats,   and    vi  ss.  is   us.  d    in    any    watercourse    in    the   city, 
and  di  fix  and  collect  a  Lieens(    tax  thereon;  to  License  tw- 
ain! bridges  undiT  the  law  regulating  the  granting  of 
such  .   to  determine  and  impost    fines  for  forfeitures 

and  penalties  that  shall  be  incurred  for  the  breach  or  vio- 
lation of  any  city  ordinance,  and  also  for  a  viol  I  tin 
provisions  of  this  chapter,  when  no  penalty  is  affixed  there- 
to or  provided  by  law,  and  to  appropriat<  all  such  fiins, 
penalties,  and  forfeiture*  for  the  bencflf  of  the  city;  but 
no   penalty    to    b<    enforced   shall   exceed,    for  any   offei 

tin-    amount    of    live    hundred    dollars,    or    thru'    months'    im- 

prisonment,  or   both;   and   every    violation    of    any    lawful 
order,   regulation,  or  ordinance  <it    the   city   council  of   s 
city   is   hereby    d<  slared    a    misdemeanor   or   public   off< 
and  all   prosecutions  for  the     same  may  he  In  the  name  of 
the    people    of    the    state    of    California;    to    ereatc     and    es- 
tablish    S    city    police;    to    I  'loir    duties    and    their 

compensation,  and  to  provide  for  the  regulation  and  bst- 
i  innn nt  of  the  same;  to  provide  lor  conducting  elections 
and    establishing    election    precincts,    when  :     to 

examine,  either   in   op<  or   by   committee,   the   ar- 

counts  or  doings  of  all  officers  or  other  persons  having  the 
care,    management,   or   disposition   oi  .    property,   or 

business  of  the  city;  to  make  all  appropriations,  con- 
tracts, or  agreements  for  the  use  or  benefit  of  the  city, 
;,,,,]  in  the  city's  name;  to  provide  by  ordinance  for  the 
opening,  laying  out,  altering,  constructing,  extending,  re- 
pairing, grading,  paving,  graveling,  macadamizing,  or 
otherwise   improving   of    public  sd    other 

public  ways,  or  any  portion  of  either  thereof,  and  for  the 
construction,  regulation   and   repair  oi  md  other 

et  improvements,    all  at  the  expense  of  the  property  to 
be   benefited   thereby,  without   any   recourse,   in   any  event, 

upon  tl ity  for  any  portion  of  the  expi 

,.r  any  delinquency   of  the   property-hold 

to  provide  for  the  foreed  sale  th<  reof  for  Bucfa  purposes;  to 

istalilisli    a   uniform    grade    for 

and    squares,    and    to    enforce    the    observance    thereof; 

clear,  cleanse,  alter,  straighten,  widen,  fill  up,  or  close  any 

water-way,    drain,    or    sewer,    or    anj     water-eoufM    in    such 


837  MUNICIPAL    CORPORATIONS.    Act  2348,  §§  623,  i24 

city,  tvhen  not  declared  by  law  to  be  navigable;  to  adopt, 
provide  for,  establish,  and  maintain  a  general  system  of 
sewerage,  or  drainage,  or  both,  and  the  regulation  thereof, 
the  expense  thereof  to  be  borne  by  general  taxation  upoa 
the  taxable  property  and  inhabitants  of  and  in  such  city; 
to  provide  funds  for  the  purpose  aforesaid,  and  to  deter- 
mine manner,  terms,  and  place  of  connection  with  main 
or  central  lines  of  pipes,  sewers,  or  drains  established  with 
funds  derived  from  general  tax,  and  compel  compliance 
with  and  conformity  to  such  general  system  of  sewerage, 
or  drainage,  or  both,  and  the  regulations  of  said  coun- 
cil thereto  relating,  by  the  infliction  of  suitable  penalties 
and  forfeitures  against  person  and  property,  or  either,  for 
non-conformity  to  or  failure  to  comply  with  the  provisions 
of  such  system  and  regulations,  or  either;  to  provide 
for  all  public  buildings,  public  parks,  or  squares,  neces- 
sary or  proper  for  the  use  of  the  city;  to  permit  the  use 
of  the  streets  for  railroad  purposes;  to  order  paid  any 
final  judgment  against  such  city;  but  none  of  its  lands,  or 
property  of  any  kind  or  nature,  taxes,  revenue,  fran- 
chise, or  rights,  or  interest,  shall  be  attached,  levied  upon, 
or  sold  in  or  under  any  process  whatsoever;  to  regulate 
the  sale  of  coal  and  wood  in  such  city,  and  may  appoint 
a  measure  of  wood  and  weigher  of  coal  for  the  city, 
and  define  his  duties,  and  prescribe  his  term  of  office, 
and  the  fees  he  shall  receive  for  his  services;  provided, 
that  such  fees  shall,  in  all  cases,  be  paid  by  the  parties 
requiring  such  service. 

"  Indebtedness  not  to  exceed  means  in  the  treasury. 

Sec.  623.  The  city  council  shall  not  create,  audit,  allow, 
nor  permit  to  accrue  any  debts  or  liabilities  above  the  ac- 
tual revenue  and  available  means  in  the  treasury  that  may 
be  legally  apportioned  for  such  purpose,  nor  shall  any 
warrant  be  drawn,  or  evidence  of  indebtedness  be  issued, 
unless  there  shall  be  sufficient  money  in  the  treasury 
justly  applicable  to  meet  the  same. 

Council   to   audit   demands. 

Sec.  624.  All  accounts  and  demands  that  shall  lawfully 
arise  against  the  city  shall  be  submitted  to  the  city  coun- 
cil and  if  found  correct  shall  be  allowed,  and  an  order 
be' made  that  the  demand  be  paid;  upon  which  (if  there  be 
funds  in  the  treasury  as  in  the  preceding  section  pro- 
vided) the  clerk  shall  draw  a  warrant,  which  shall  be 
countersigned  by  the  president  of  the  city  council,  upon 
the   treasurer,  in   favor  of  the   owner  or   owners  of  the   de- 


5  625  Ml'  RATIONS.  8SS 

maud,  specifying  for  what  purpose  and  by  what  author- 
ity it  is  issned,  aad  oul  of  what  fund  it  is  to  be  paid,  an  I 
the  treasurer  shall  pay  th«  same  out  of  the  proper  fund. 
All  accounti  and  demands  against  such  city,  other  than 
such  as  are  chargi  able  to  nr  payable  out  of  the  school 
fund,  must  to  presented  to  the  city  council  duly  itemised 
and    accompanied    with     nn     affidavit    of    the    party,     or     h!» 

It  a   tree  an.!  legitimate  claim 

ogainsl  snch  city  for  the  full  amount  fot  which  the  same  i» 

I.    and    that     tin     game    OCCfued    as    srt    forth,    and 

with   all    necessary   and    proper   vouchers,   within   one   year 

from  tin-  date  the  same  accrued:  and  any  claim  or  demand 

not,  ted    within    the   time   aforesaid    shall   be    forever 

ban  .id    council    shall    have    no    authority    to   allow 

aay   account   or  demand   net    so   presented   in   manner   and 

time    as  nor     shall      any      action     bo    maintained 

•BCD     city     for    on     account      of    any      demands       or 

claim    Sgainsl    the    same    until    such    demand    or    claim    shall 

Brat    been   presented   to   the   city    council    for    action 

thi  reon. 

Limitation  of  expenditures. 

The  annual  expenses  of  such  city  shall  not  cx- 
ceed  the  sum  of  on.'  hundred  thousand  dollars,  except 
in  cities  where  en<  per  seal  on  the  valuation  of  the  prop- 
irty  therein  rais.s  more  than  the  sum  of  one  hundred 
thousand  dollars,  and  in  such  cities  the  annual  expenses 
shall    not    exceed    the    sum   of   one    p<  r   cent   of   the   valuation 

of  the  property  therein;  provided,  however,  that  moneys 
authorized  to  he  rais<  d  and  expended  for  the  payment  of 
the  funded  or  bonded  indebtedness  of  such  city,  and  for 
10]  purposes  in  such  city,  as  provided  to  be  raised  by 
the  provisions  of  this  chapter,  shall  not  be  considered  a 
portion    of   said   annual  It.   at    any   time   after   the 

:    sum    shall    have    h.  <  n    expended    in    any   year,    it    shall 
ar   that    the   interests  of  such   city   demand   an   expendi- 
ture of   an   additional   sum,   the  city  council   shall   make  a  re- 
port   id'    the    Bame,    which    shall    be    published     for    at    Li 

in  some  newspaper  printed  and  published 
in  such  city,  particularly  specifying  the  object  or  objects 
for  which  s-iid  exp<  nditure  is  required,  and  the  amount 
of  money  ■    to  be  raised  to  comp]  lame.     At 

aDy    time    within    ten    days    after    the    expiration     of     said 
publication,   the   city    council   shall   order   an   election,    giv- 
ing   ten    .lays'    notice    thereof,    at    which    time    thoBI 
who    are    legal    Voters    "I'   such    city    may    vote    for   or    against 
a  tax  to   raise  such   additional   sum.     The  election  shall  be 


839  MUNICIPAL    CORPORATIONS.     Act  234S,  §  §  626,  627 

conducted  and  returns  made  and  canvassed  in  all  re- 
spects as  the  general  elections  of  such  city,  and  a  majority 
shall  determine  if  such  tax  be  levied  or  not.  If  the  vote 
is  in  favor  of  such  tax,  the  city  council  shall  forthwith, 
by  an  order  to  be  entered  on  the  jonruel  of  their  proceed- 
ings, order  the  tax  to  be  levied  and  collected  upon  the 
basis  of  the  last  municipal  assessment,  and  shall  make  the 
proposed  expenditure;  provided,  that  the  special  tax  thus 
to  be  levied  shall,  for  no  one  year,  be  more  than  one  per 
cent  of  the  valuation  of  real  and  personal  property  in  the 
city,  as  shown  by  the  last  assessment  roll.  All  special 
taxes  to  be  levied  and  collected  under  the  provisions  of 
this  section  shall  be  levied  and  collected  in  the  manner, 
form,  and  ways  prescribed  for  the  levying  and  collecting 
ef  the  general  taxes  of  such  city;  and  as  a  security  for 
their  payment,  a  lien  shall  attach  to  and  against  each  lot 
of  land  for  the  amount  assessed  against  it  from  the  date  of 
the  order;  and  every  person,  firm,  or  corporation  against 
whom  a  tax  be  thus  assessed  shall  be  personally  liable 
to  pay  the  amount  to  such  city.  Said  lien  shall  continue 
until  such  taxes  are  paid,  or  the  property  become  vested 
in  a  purchaser  under  a  sale  thereof.  [Amendment  ap- 
proved March  19,  1889.  Stats.  1889,  p.  371.  In  effect  im- 
mediately.] 

Excessive  expenditure  void. 

Sec.  626.  Every  appropriation  or  payment  of  money 
made  or  ordered  by  the  city  council  in  excess  of  said 
sum  stated  in  section  six  hundred  and  twenty-five,  unless 
it  shall  be  authorized  by  a  vote  of  the  electors  of  such 
city,  as  provided  for  in  the  preceding  section,  shall  be 
invalid,  illegal,  and  void,  and  shall  be  recoverable  by  the 
city  from  the  party  or  parties  to  whom  the  same  is  made, 
if  knowingly  taken  or  received  by  such  party  or  parties; 
and  the  members  of  the  city  council  who  shall  have  voted 
for  the  same  shall  be  individually,  jointly,  and  severally 
liable  for  such  excess,  and  it  may  be  recovered  from 
them  in  any  court  of  competent  jurisdiction  by  the  party 
or  parties  with  whom  they  have  contracted,  or  by  the  city, 
if  payment  has  been  actually  made.  [Amendment  ap- 
proved March  19,  1899.  Stats.  1889,  p.  371.  In  effect  imme- 
diately.] 

Public  streets. 

Sec.  627.  All  the  streets  in  such  city  that  have  been  or 
shall  hereafter  be   laid  out   and   dedicated  by  the    party  or 


Act  2348,  J  §  628,  629    Ml.M'IPAL    CORPORATIONS.  840 

parties  owning  the  kind  fronting  upon  the  same,  or  by  the 
authority  of  such  city,  and  declared  to  be  public  streets, 
and  that  have  been  or  shall  hereafter  be  used  as  such, 
shall  be  and  are  hereby  declared  public  streets  to  the  ex- 
tent that  the  sain.'  may  have  been  or  shall  hereafter  be 
used,   laid   out,  or  dedicated. 

Contracts  for  works  and  materials. 

All    contracts    for    work    to    be    performed,    or 
materials    to    bs    Med,    ordered    by    or    for    such    city,    or    in 
which  it  is  Interested,  may  be,  and  when  thi 
five  hundred  dollars  shall  be,  lei   ke  the  lowest  bidder.     A 
notii  by    the    clerk,    soliciting    sealed    proposals, 

shall  be  published  a  reasonable  time,  in  no  ••  Mian 

ten   days,   prior   to   the   time   fixed    t\>r  opening  such   bids, 
gnate    the   work   to   be   done,   and    the 
place  and   the   time  in  which  it  may  be   performed,  with  such 
Other  itione     as     may     tend    to   give     the     bidders     a 

jjno ,  the   object   to  be  accomplished,   and   with   a 

to    the    diagram    or    B]  >na    on    file    in    the 

cl<  rk  "s  offiee.  On  the  day  limited  in  6aid  notice  for  the 
opening  of  said  bids  the  council,  or  a  committee  therefor 
appointed,  shall,  in  open  meeting,  open  and  declare  said 
bids  and  award  the  contract  to  the  lowest  responsible  bid- 
der: provided,  however,  thai  the  city  council,  or  its  com- 
mittee, may  reject  all  r«i<ls  when  eonsidi  red  too  high  or 
uncertain  from  any  circumstances.  The  council  or  com- 
mittee  may,  before  considering  any  offer,  require  security 
that  the  party  will  enter  into  a  contract  if  awarded  to 
him;  and  all  contracts  shall  be  in  writing,  and  accompanied 
with    a    bond    -  ry    to    the    mayor.      No    officer   of   such 

city  shall  be  interested  in  any  contract  to  which  the  <■;• 

a   party,  and  any  contract  contrary  to  the  provisions  hereof 

shall    he    void. 

Improvement  of  public  highv\ 

Sec.  029.  The  city  council  is  authorized  and  empower*  1 
to  establish,  lay  out,  alt.  r,  open,  improve,  and  repair 
streets,     avenues,     sidewalks,     alleys,    bri. 

ether  public  highways  and  places  within  the  city,  and  to 
drain,  sprinkle,  and  light  the  Bam<  ;  t..  remove  all  ob- 
structions then  from;  to  establish  the  grades  thereof]  to 
grade,  pave,  macadami  se,  gravi  1.  and  curb  the  same,  in 
whole    or    in    part,    and    to    construct    gutt<  rs,    culverts,    side- 


841  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  630,  631 

walks,  and  cross-walks  therein,  or  upon  any  part  thereof; 
to  cause  to  be  planted,  set  out,  and  cultivated,  shade  trees 
along  the  lines  thereof  or  therein,  and  generally  to  manage 
and  control  all  such  highways  and  places. 

Apportionment   of   expense. 

Sec.  630.  The  dty  council  shall  have  the  power  to  pro- 
vide by  ordinance  for  doing  any  or  all  work  in  or  upon 
the  streets,  avenues,  highways,  and  public  places  of  such 
city,  and  for  making  therein  street  improvements  and  re- 
pairs, or  forr  the  preservation  thereof,  and  for  doing  any 
or  all  work  thereupon  or  therein  authorized  by  this  chap- 
ter; and  for  the  payment  of  the  cost  and  expenses  thereof 
by  the  levy  and  collection  of  special  assessments  therefor 
upon  the  property  to  be  affected  or  benefited  thereby. 
That  is  to  say,  the  expense  or  cost  of  any  work  or  im- 
provement upon  the  streets,  avenues,  or  public  ways  of  such 
city  shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  each  lot  or  portion  of  a  lot  being  separately 
assessed  for  the  full  debt  thereof  in  proportion  to  the 
benefits  upon  the  property  to  be  benefited  sufficient  to 
cover  the  total  expense  of  the  work  to  the  center  of  the 
street  on  which  it  fronts.  The  expense  of  all  improvements 
in  the  space  formed  by  the  junction  of  two  or  more  streets, 
or  where  one  main  street  terminates  in  or  crosses  another 
main  street,  and  also  all  necessary  street-crossings  or  cross- 
ways,  shall  be  paid  by  such  city.  In  all  the  streets  con- 
stituting the  water-front  of  such  city,  or  bounded  on  the 
one  side  by  the  property  thereof,  the  expense  of  work  done 
on  that  portion  of  said  streets  from  the  center  line  thereof 
to  the  said  water-front,  or  to  such  property  of  the  city 
bunded  thereon,  shall  be  provided  for  by  such  city,  but  no 
contract  for  any  such  work  shall  be  given,  except  to  the 
lowest  responsible  bidder,  and  in  the  manner  hereinbefore 
provided.  When  any  work  or  improvement  mentioned  in 
this  section  is  done  or  made  on  one  side  of  the  center  line 
of  said  streets,  avenues,  or  public  ways,  the  lots  or  portions 
of  lots  fronting  on  that  side  only  shall  be  assessed  to  cover 
the  expenses  of  said  work,  according  to  the  provisions  of 
this  chapter. 

Enacting  clause. 

Sec.  631.  The  style  of  the  city  ordinances  shall  be  as 
follows:  "The  mayor  and  city  council  of  the  city  of 


MUNICIPAL    CORPORATti  M2 

do  ordain  as  follows'';  and  all  ordinances  shall  be  published 
in  one  or  more  of  the  newspapers  published  in  the  city. 

Publication  of  ordinances. 

Bj  laws  and  ordinances  shall  be  passed  by  the 
city  council  and  approved  by  the  mayor,  or  the  president 
of  thi    city  council  acting  in  his  stead,     Itut  before  any  l.v- 

law    or    ordinance    shall    nave    any    binding    validity,    it    shall 

be  publish,  il   in  one  or   snore   newspapers   published   in   the 
city,   and   recorded   in  rd-bodh   to  be  kept  by   the 

••if  rk.     The  stork  shall   certify   on   the   reeerd   Hie   fact  of 
publication,  and   so  certified,  the  record  shall  be  prima  facie 
evidence  of  the  paaaage  thereof)  and   may  be  read  as  evi« 
■    the  by-law  . >r  ordinance,  and   its  publication.     A 

printi  d    copy    Of   any    ordinance    or   bylaw,   or   a   compilation 
thereof,    printed    by    authority    of    the    city   council,    and    at- 
•li  rk.  shall  be  evidence  thereof  in  same  man- 
ner and   with   lik<    efft  <"t. 

Bntry  on  journal. 

633.  All  orders  of  the  city  council,  to  have  force 
ami  legal  validity,  shall  be  •  Dt<  red  on  the  journal  of  their 
proceedings,  which  journal  shall  be  signed  by  the  oflieer 
who   may   preside  at  such  meeting. 

ind  Does, 

Ujton   the  passage  of  all  ordinances  appropriat- 
ing money,  imposing   taxes,  abolishing    licenses,    increasing 
or  Lessening  the  amount  to  be  paid  Cor  licenses,  the  ayeB  and 
shall    be    entered    u[>on    the   journal. 

Majority    | 

Sec.  63o.  A  majority  of  all  the  members  elected  shall 
be  necessary  to  pass  any  ordinance  appropriating  for  any 
pur,  ,m  of  five   hundred  dollars  or  upwards,  or  any 

ordinance    imposing    any    assessment,    tax    or    license,    or    in 
any  wise  increasing  or  diminishing  the  city  revenue. 

Free    library. 

(336.  The  trustees  of  any  free  public  library,  cre- 
ated or  in  such  city  under  the  provisions  of  an 
:H't  entitled  "An  ad  to  establish  the  public  libraries  and 
reading  rooms,  *'  approved    April   twenty -sixth,  eighteen   bun 


843  MUNICIPAL   CORPORATIONS.  Act  234S,  §  64<j 

dred  and  eighty,  shall  be  appointed  by  the  city  council  in 
the  same  manneT  as  other  officers  are  appointed  under  the 
provisions  of  this  chapter,  anything  in  the  provisions  of 
said  act  to  the  contrary  notwithstanding. 

Article   IV. — Taxation. 
Tax  levy. 

Sec.  640.  The  city  council  shall  have  full  power  and  au- 
thority to  assess,  levy,  and  collect  annually  taxes  upon  all 
the  property  within  the  city,  taxable  for  state  purposes,  not 
exceeding  one  per  cent  upon  the  assessed  value  thereof, 
which  shall  be  paid  into  the  general  fund  for  current  ex- 
penses. They  shall  provide  for  the  payment  of  the  princi- 
pal and  interest  of  the  bonded  indebtedness,  if  any,  of  such 
city,  and  for  the  payment  of  the  other  indebtedness  of 
such  city  not  funded;  and  they  shall  each  year  levy,  assess, 
and  collect  an  additional  tax  upon  the  taxable  property  as 
aforesaid,  not  exceeding  two  per  cent  in  any  one  year, 
which,  when  collected,  shall  be  paid  into  a  fund  to  be  dis- 
bursed as  follows: 

1.  To  pay  the  interest  on  said  bonds; 

2.  To  a  fund  for  the  payment  of  the  principal  thereof; 
and, 

3.  To  meet  any  indebtedness,  as  aforesaid,  not  funded. 
And  the  city  council,  in  making  said  levy,  shall  estimate 

the  proportion  requisite  for  each  fund,  and  the  same  shall 
be  expended,  under  the  direction  of  the  city  council,  for 
the  purpose  aforesaid,  and  for  no  other  purpose.  Said  tax 
shall  be  levied,  assessed,  and  collected  upon  all  property 
liable  to  taxation  within  such  portion  and  such  limits,  and 
so  much  of  the  territory  of  such  city  as  shall  be  liable 
therefor  under  the  laws  and  charters  in  existence  at  the 
time  of  the  organization  of  such  city  under  this  act;  and 
if,  by  reason .  of  extension  of  territory,  or  from  any  cause, 
a  portion  only,  or  a  certain  district,  of  such  city  be  liable, 
under  such  laws  and  charters,  for  the  payment  of  the 
bonded  and  other  indebtedness  above  named,  or  any  por- 
tion of  either  thereof,  the  city  council  in  levying  such 
tax  shall  make  such  levy  upon  and  against  the  property 
which  is  situated  and  persons  who  may  reside  in  the  ter- 
ritory of  such  city,  liable  in  each  case  for  the  payment  of 
such  indebtedness,  or  any  particular  class  or  portion  there- 
of, according  to  such  existing  laws  and  charters.  The  city 
council    shall    also    have    power    to    raise    annually,    by    tax 


Act  2C48.  §  641  MUNICIPAL  CORPORATIONS.  «*, 

upon  all  tin  property  within  the  city  taxable  for  state  pur- 
poses, whatever  ameoBt  of  money  may  be  requisite  for  the 
■  >rt  of  free  public  schools  therein,  including  high 
schools,  and  providing  and  furnishing  houses  therefor;  but 
the  tax  provided  (or  in  this  section  shall  not  exceed  thirty- 
five  cents  on  each  one  hundred  dollars  valuation  upon  the 
assessment  roll  in  any  one  year,  and  may,  in  like  manner, 
raise  by  tax  a  fund  for  the  establishment  and  maintenance 
of  a  free  public  library  anil  reading-room;  such  tax  not  to 
i  any  one  year,  the  rate  of  ten  cents  on  each  one 
hundred  dollars  valuation. 

Duty  of  assessor. 

$ec.  Q41.  It  shall  be  the  duty  of  the  city  assessor  to 
ire,  between  the  first  day  of  .January  and  the  first 
Monday  in  April  in  each  year,  and  present  to  the  city 
clerk,  with  his  ccrtificat.  of  its  correctness,  a  list  of  all 
the  real  an«l  personal  property  within  the  city  on  the  first 
day  of  January  taxable  for  state  and  county  purposes, 
with  B  tin.  valuation  thereof  OB  the  first  day  of  January, 
which  said  assessment  list  shall  conform  as  near  as  prac- 
ticable, when  not  inconsistent  with  the  provisions  of  this 
chapter,  to  th<  sent  list  required  by  law  to  be  made 

by   the   OOuntj  •    and    county    purposes;    Sisti, 

to    maki     all    assessments    for   the    improvements   of   streets 
as   herein   or  by   ordinance   provided}   to  In    present   at   the 
ions    of    all    boards   of    equalization    mentioned    in    this 

chapter,    and    to    furnish    to    said    board    such    information    as 

may  be  required,  and  to  perform  such  other  services  in  ref- 
— stmnis   of    property    in   the   city  or  other- 
wise   appertaining    to    his   Oi  the    city    council    by    or 
dinanci    or  resolution   may   require,     During  I  m   of 

the  board  of  equalization  the  city  assessor  shall  enter  upon 
the  assessmenl  tisl  all  the  changes  and  corrections  made  by 
tin  board,  and  may  assess  and  add  to  such  list  any  prop 
ertv  in  such  city  not  previously  assessed.  In  the  a- 
mc'nt  and  listing  of  property  tor  taxation,  and  in  the  col- 
lection  of   tax   upon   personal   property  not  secured   by   '•''" 

Upon    real    estate,    he    shall    have    and    may    exi  rcise    the    - 
[powers   as    are    COnf(  in  d    by    law    upon    county  and 

shall  receive  therefor  the  same  fees  and  compensation.  lie 
shall  receive  a  salary  to  be  fixed  by  the  city  council,  which 
shall  aoi  exceed  five  hundred  dollars  p<  r  annum,  [aanemi* 
,n,  „t  approved  March  19,  L889.  Stats.  1889,  p.  .".71.  In 
etv. .  t   immediately.] 


S45  MUNICIPAL    CORPORATIONS.     Act  2348,  §  §  643,  644 

Equalization. 

Sec.  642.  The  city  council,  or  a  committee  of  their 
number  selected  for  that  purpose  by  the  city  council,  at  a 
meeting  thereof  to  be  held  on  the  first  Monday  of  April 
of  each  year,  shall  constitute  a  board  of  equalization,  and 
shall,  after  the  assessor  shall  have  completed  and  handed 
in  his  assessment  list  to  the  city  clerk,  and  after  five  days' 
notice  published  in  some  newspaper  in  such  city,  hold  meet- 
ings to  hear  and  determine  all  complaints  respecting  the 
valuation  of  property  as  fixed  by  the  assessor  in  such  list, 
and  shall  have  power,  on  their  own  motion,  with  or  with- 
out complaint  made,  to  modify  and  change  such  valuation 
in  any  way  they  shall  deem  just  and  proper;  provided, 
however,  that  before  making  any  change  in  any  assess- 
ment, the  board  shall  notify  the  person  interested  by  let- 
ter, deposited  in  the  postomce  or  express,  postpaid,  and 
addressed  to  such  person,  at  least  three  days  before  action 
taken,  of  the  day  fixed  when  the  matter  shall  be  investi- 
gated; provided,  further,  that  no  reduction  must  be  made 
in  the  valuation  of  property,  unless  the  party  affected 
thereby,  or  his  agent,  makes  and  files  with  the  board  a 
written  application  therefor  verified  by  his  oath,  showing 
the  facts  upon  which  it  is  claimed  such  reduction  should 
be  made.  Anj  member  of  said  board  shall  have  power  to 
administer  oaths  and  affirmations  in  the  matters  before  said 
board,  and  the  sessions  of  said  board  shall  be  held  from 
time  to  time,  as  in  its  notice  specified,  for  the  period  of 
two  weeks,  and  no  longer. 

Clerk  to  complete. 

Sec.  643.  After  the  board  of  equalization  shall  have 
completed  their  duties,  the  city  clerk  shall  add  up  the 
columns  of  valuation,  and  enter  the  total  valuation  of  each 
description  of  property  in  the  list,  and  the  total  value  of  all 
property  assessed  and  listed  thereon;  and  thus  equalized 
and  added  up,  the  clerk  shall,  on  the  first  Monday  of  May 
thereafter,   deliver   it    to    the   city   council. 

Levy  of  the  tax. 

Sec.  644.  On  the  first  Monday  in  May  in  every  year  the 
city-  council,  by  an  ordinance,  shall  levy  upon  all  the  prop- 
erty in  the  city  taxable  by  law  for  state  purposes  a  tax 
for  school  purposes,  and  for  the  current  and  general  ex- 
penses of  the  city,  and,  in  conformity  to  the  provisions  of 
this    chapter,    shall    levy    any    and    all    other    taxes    by   law 


Act  2343,  {{  MB,  846    MUNICIPAL    CORPORATK  8*> 

directed  tin  n  to  be  levied  or  assessed;  and,  in  conformity 
with  tin  provisions-  of  this  chapter,  shall  levy  a  tax  for 
the  payment  <>f  the  funded  * l«  I » t  upon  the  property  liable 
therefor.     Evi  jo  levied   is  made  a  li'  ",  winch  shall 

h  mi  saiii  day  in  each  year  to  and  against  all  real 
property  Cor  the   amoui  ed   against  it;   and 

If  said  property  b<  assessed  to  a  wrong  person,  ot  by  a 
wong   ii.i         -         liea   shall    in    do    wise   be   affected   or   in- 

abed,  and  it  shall  not  be  aatiafied  or  removed  antil 
paid,  or  the  property  lias  absolutely  vented 
in  a  purchaser  under  ami  by  reason  of  a  Bale  for  BUch 
•v  tax  assessed  npon  personal  property  i>  a 
lii  n  upon  lac  r>al  property  of  toe  owner  thereof  from 
and  after  the  time  of  the  levy  of  such  tax.  The  fiscal 
y<;ir  shall  begin  I'll  the  first  >lay  of  January;  and  the  terms 

"rial  ami  personal  property"  shall  have  the  same  meaning 
as  the  BBBM  terms  UBcd  in  the  revenue  laws  of  the  state. 

List   to  be  delivered  to  collector. 

-iMin    as    the    city   council    have    declared    ami 
levied    the    taxes    in    any    year,    as    in    the    preceding    section 

provided,  the  city  clerk  Bhall  carry  out,  in  a  separate  money 
column  iu  the  list,  tin  amount  ol  taxes  assessed  against 
each  individual,  fnm,  company,  corporation,  or  unknown 
owner,  and  add  and  pul  down  the  aggregate  of  all  taxis 
shown  by  the  list;  and  as  thus  carried  out,  the  city 
clerk  Bhall  certify  to  its  correctness,  and  on  or  before  the 
third  Monday  of  May  thereafter  deliver  it  to  the  city  col- 
li-. Tor.  ami  shall  charge  him  with  the  amount  of  taxes 
so  footed   np,  and  take  his  receipt  therefor. 

<  'i>lli  ction. 

646.  The  collector,  on  receiving  the  assessment  list 
certified  by  the  clerk,  shall  proceed  to  collect  the  taxes 
ified  therein,  and  pay  over  the  same  into  the  treasury, 
taking  a  receipt  thereof.  For  the  purpose  of  collecting  the 
taxes  authorized  by  this  chapter,  the  city  collector  shall 
have  such  powers  as  are  given  by  the  revenue  laws  of 
this  state  to  collectors  of  state  and  county  taxes,  so  far  as 
the  same  are  applicable.  All  taxes  unpaid  at  the  close  of 
official  business  on  the  third  Monday  of  June  shall  be  deemed 
delinquent,  aft<  r  which  time  the  collector  shall  reei  ive  no 
money  for  taxes;  and  hi  shall,  on  said  day.  <nter  upon 
Bessment   roll    a    levy    upon    all    property    therein    assessed    the 

s    upon    which    remain    unpaid,    and    shall    immediately 


S-17  MUNICIPAL    CORPORATIONS.     Act  2l/«S,  §§  647-637 

ascertain  the  total  amount  of  taxes  unpaid,  and  file  in  the 
office  of  the  city  clerk  a  list  of  all  persons  and  property 
then  owing  taxes,  verified  by  his  oath,  which  list  shall  be 
known  as  the  delinquent  list. 

Delinquencies. 

Sec.  647.  On  the  third  Monday  in  June  of  each  year,  at 
six  o'clock  P.  M.,  all  unpaid  taxes  are  delinquent,  and 
thereafter  the  collector  must  collect  thereon,  for  the  use 
of  the  city,  an  addition  of  five  per  cent. 

Delinquent    list. 

See.  648,  On  the  first  Monday  in  July  of  each  year,  the 
city  collector  must  deliver  to  the  city  clerk  a  complete 
delinquent  list  of  all  persons  and  property  then  owing 
taxes;  and  in  the  list  so  delivered  must  be  set  down  in 
numerical  or  alphabetical  order  all  matters  and  things  con- 
tained in  the  assessment-roll  and  relating  to  delinquent 
persons  or  property. 

Verification. 

Sec.  649.  The  city  clerk  must  carefully  compare  such 
delinquent  list  with  the  assessment-roll,  and  if  satis- 
fied that  it  contains  a  full  and  true  statement  of  all  taxes 
due  and  unpaid,  he  must  foot  up  the  total  amount  of  taxes 
so  remaining  unpaid,  credit,  the  city  collector  therewith, 
and  make  a  final  settlement  with  him  of  all  taxes  charged 
against  him  on  the  assessment-roll;  and  must  require  from 
liim  the  treasurer's  receipt  for  the  full  amount  of  taxes 
collected. 

Certification. 

Sec.  650.  After  the  settlement  with  the  city  collector,  as 
prescribed  in  the  preceding  section,  the  city  clerk  must 
charge  the  city  collector  with  the  amount  of  taxes  due 
on  the  delinquent  tax  list,  with  the  five  per  cent  added 
thereto  and  within  turee  days  tnereafter  deliver  the  list, 
duly  certified  to  such  city  collector. 

Publication. 

Sec.  651.  On  or  before  the  third  Monday  in  July  of  each 
year,  the  city  collector  must  publish  the  delinquent  list, 
which  must  contain  the  names  of  the  persons  and  a  de- 
scription  of  property   delinquent,   and   the   amount   of   taxes 


Act  2348,   §  J  652-«54    MUNICIPAL    CORPORATIONS.  M8 

and    costs    due,    opposite    each    name    and    description,    with 
the  taxes  due  on  personal  property,  added  to  taxes  on  real 
iere   the   real   estate   is   liable   therefor,   or   the  sev- 
ra!    •  due    from    the    same    person.       To    said    list 

must  be  appended  and  with  it  published  a  notice  that  un- 
less the  taxes  delinquent,  together  with  the  costs  and  per- 
cent paid)  the  r<  al  property  upon  which  such  taxes 
arc  s  lit  D  will  ho  sold  at  public  auction,  and  designating 
therein  the  time  and  plaoe  of  BUCh  sale,  which  must  take 
place  in  or  in  front  of  the  city's  collector's  office,  and 
teen  nor  more  than  twenty-one  days  from 
the    first    publication. 

Collector   to   certify. 

Sec.    652.    Said    list    mnsl    be    published    three    times    a 
wick   fox   two  iuo  in  sum.-   newspaper  or  sup- 

plt  nit  nt  thereto  published  in  such  City,  and  when  such  pub- 
lication is  completed,  and  before  commencing  the  "sale, 
tin  city  collector  must  file  with  the  city  clerk  a  copy 
the  publication,  with  his  affidavit  attached  thereto,  that 
it  is  b  true  copy  of  tin  same,  that  the  publication  was 
made  in  a  newspaper  or  a  supplement  thereto,  stating  the 
name  and  place  of  publication;  such  affidavit  shall  be  prima 
facie    evidence    of    all  -    therein    Btaied.     The    ex- 

the    publication    of    the    delinquent    list    is    to    be 
paid    by    the    city. 

Additional    amount. 

I  lie  city  collector  must  collect,  in  addition 
to  the  taxis  due  on  the  delinquent  list,  and  five  per  centum 
added  Hereto,  fifty  cents  on  each  lot,  piece,  or  tract  of 
land  d,    and    on    each    assessment    of    per- 

sonal property,  one  hall'  of  which  must  go  to  the  city,  and 
thi  other  to  the  city  collector,  in  full  for  preparing  the 
list. 

Sale. 

1.  On  the  day  fixed  for  the  sale,  or  on  some 
subsequent  day  to  which  he  may  have  postponed  it. 
which  lie  must  give  notice,  the  city  collector,  between  tin- 
hours  of  ten  o'clock  A.  M.  and  throe  p.  M..  must  com- 
mence the  sale  of  the  property  advertised,  commencing  it 
the  head  of  the  list,  and  continuing  alphabetically,  or  in 
the    numerical    order    of    lots    and    blocks,    until    completed. 


849  MUNICIPAL    CORPOrL-.TIOXS.     Act  2318,  §§  C55-MJ 

Postponement. 

Sec.  655.  He'  may  postpone  the  day  of  commencing  the 
sale,  or  the  sale,  from  day  to  day;  but  the  sale  must  be 
completed  within  two  weeks  from  the  day  first  fixed. 

Owner   my   designate    portion. 

Sec.  656.  The  owner  or  person  in  possession  of  any  real 
estate  offered  for  sale  for  taxes  due  thereon  may  designate, 
in  writing,  to  the  city  collector,  prior  to  the  sale,  what 
portion  of  the  property  he  wishes  sold,  if  less  than  the 
whole;  but  if  the  owner  or  the  possessor  does  not,  then 
the  collector  may  designate  it,  and  the  person  who  will  take 
the  least  quantity  of  the  land,  or  in  case  an  undividi  <! 
interest  is  assessed,  then  the  smallest  portion  of  the  in- 
terest, and  jay  the  taxes  and  costs  due,  including  fifty 
cents  to  the  city  collector  for  the  duplicate  certificate  of 
sale,  is  the  purchaser. 

Duplicate   certificate. 

Sec.  657.  After  reeciving  the  amount  of  the  taxes  and 
costs,  the  city  collector  must  make  out  in  duplicate  a  cer- 
tificate, dated  on  the  day  of  sale,  stating  (when  known) 
the  name  of  the  person  assessed,  a  description  of  the  land 
sold,  the  amount  paid  therefor,  that  it  was  sold  for  taxes, 
giving  the  amount  and  year  of  the  assessment,  and  specify- 
ing the  time  when  the  purchaser  will  be  entitled  to  a 
deed. 

Delivery. 

Sec.  658.  The  certificates  must  be  signed  by  the  collec- 
tor, and  one  copy  delivered  to  the  purchaser,  and  the  other 
filed  in  the  office  of  the  county  recorder. 

Eecord  of  sales. 

Sec.  659.  The  city  collector,  before  delivering  any  cer- 
tificate, must  in  a  book  enter  a  description  of  the  land  sold, 
corresponding  with  the  description  in  the  certificate,  the 
date  of  sale,  purchaser's  name,  and  amount  paid,  regularly 
number  the  descriptions  on  the  margin  of  the  book,  and  put 
a  corresponding  number  on  each  certificate.  Such  book 
must  be  open  to  public  inspection,  without  fee,  during  of- 
fice  hours,   when   not   in   actual   use. 

Lien  vested   in  purchaser. 

Sec.    660.     On    filing    the    certificate    with    the    county    re- 
corder, the   lien  of   the   city  vests   in   the   purchaser,   a-ad   is 
Gen.  Laws — 54 


Act  2348,  §  5  661-CC4     MUNICIPAL    CORPORATIONS.  850 

only  divested  by  the  payment  to  him,  or  to  the  city  treas- 
urer for  his  use,  of  the  purchase  money,  and  fifty  per  cent 
thereon. 

Redemption. 

661.  A  redemption  of  the  property  sold  may  be 
made  by  the  owner,  or  any  part  in  interest  within  twelve 
months    from    the   date    of   the   purchase. 

Records   of   redemption. 

Sec  682.  Ob  receiving  the  certificate  of  sale,  the  re- 
corder must  file  it,  ami  make  an  entry  in  a  book  similar 
to  that  required  of  the  collector.  On  the  presentation  of 
the  receipt  of  the  person  named  in  the  certificate  or  of 
the  city  treasurer  for  his  use,  of  the  total  amount  of  re- 
demption money,  the  recorder  must  mark  the  word  "Re- 
deemed," the  date,  and  by  whom  redeemed,  on  the  certif- 
icate, ami  in  the  margin  of  the  book  where  the  entry  of 
the  certificate  is  mi 

Purchaser's  deed. 

Si  c.  663.  If  the  property  is  not  redeemed  within  the 
time  allowed  by  law  for  its  redemption,  the  city  collector, 
iir    i  lor    in    office,    must    make    to    the    purchaser,    or 

assignee,  a  deed  of  the  property,  reciting  in  the  deed  sub- 
stantially the  matters  contained  in  the  certificate,  and  that 
no  person  lias  redeemed  the  property  during  the  time  al- 
lowed  for  its  redemption.  The  collector  shall  be  entitle! 
to    receive    from    the    purchaser    three    dollars    for    making 

such     deed. 

What   the   deed   proves. 

Sec.  G6t.  The  matters  recited  in  the  certificate  of  sale 
„mst  be  recited  in  the  died,  and  such  deed  duly  acknowl- 
1   or   proved   is   prima  facie  evidence  that: 

1.  The  property    w  d,   as  required  by   law: 

•2.  The    property   was   equalized,  as  required  by  law; 

?,.  The   taxes   were   levied    in    accordance   with   law; 

4.  The    taxes    u  I  re    not    paid; 

.-,_  .\t  a  proper  time  and  place  the  property  was  sold. 
,,s   prescribed   by   law,  and  by   the  proper  officer; 

6.  The    property    was    not    redeemed; 


851  MUNICIPAL.    CORPORATIONS.     Act  2348,  §§  665-670 

7.  The  person  who  executed  the  deed  was  the  proper 
officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  per- 
sonal property,  that  the  real  estate  belonged  to  the  per 
son  liable  to  pay  the  tax. 

Deed  is  evidence  of  regularity. 

Sec.  665.  Such  deed,  duly  acknowledged  or  proved,  is 
(except  as  against  actual  fraud)  coaclusive  evidence  of 
the  regularity  of  all  other  proceedings,  from  the  assess- 
ment by  the  assessor,  inclusive,  up  to  the  execution  of  the 
deed,  and  conveys  to  the  grantee  the  absolute  title  to  the 
lands   described    therein,   free   from    all   incumbrances. 

Assessment-roll    a    guarantee    of    regularity. 

Sec.  666.  The  assessment-roll  or  delinquent  list,  or  a  copy 
thereof,  certified  by  the  city  clerk,  showing  unpaid  taxes 
against  any  person  or  property,  is  prima  facie  evidence 
of  the  assessment,  the  property  assessed,  the  delinquency, 
the  amount  due  and  unpaid,  and  that  all  the  forms  of  law  in 
relation  to  the  assessment  and  levy  of  such  taxes  have  beei 
complied   with. 

Article  V. — Executive  Department. 
Duties  and  powers  of  mayor. 

Sec.  670.  The  mayor  shall  be  the  chief  executive  officer 
of  the  city.  He  shall  .have  a  general  supervision  over  the 
several  departments  of  the  city  government,  and  over  all 
its  interests,  shall  preside  over  the  city  council  when  pres- 
ent, once  in  three  months  submit  a  general  statement  of 
the  condition  of  its  various  departments,  and  recommend 
to  the  city  council  such  measures  as  he  may  deem  expe- 
dient for  the  public  .^ood,  or  improvement  of  the  city,  its 
finances,  or  government.  He  shall  sign  all  ordinances 
passed  by  the  city  council,  if  he  approves  them;  if  he  does 
not  approve,  he  shall,  within  eight  days  after  its  sub- 
mission to  him,  return  the  same  to  the  city  clerk's  office, 
with  his  objections  in  writing,  and  at  the  first  meeting 
of  the  city  council  thereafter  the  same  shall  be  entered 
upon  their  journal,  and  they  shall  then  reconsider  such  or- 
dinance, and  unless  two-thirds  of  the  councilmen  elect, 
vote  for  its  passage,  it  shall  not  become  a  law.  If  the 
mayor  shall  not  so  return  any  ordinance  within  eight  days, 
it  shall  be  come  a  law  as  if  he  had  signed  it.  He  may 
call  special  meetings  of   the  city  council  at   any  time;   he 


Act  231S,  §£  071  -«::.    MUNICIPAL    CORPORATIONS.  85S 

shrill    3o    so    n4    the    written    r<  (Ji  iur   eounci.lmen,   by 

notifying  eacl    m<  mb(  r   personally,  or  by  a  written   notice 

left   ,*it  his  Inst    and   usual   place  DT   at   his   place  of 

business  daring  bnsinesa  hours,  stating  the  purpose  of  such 

id.  nt  of  connciL 

871.       T  if    the    city    council    shall    pre- 

side nt  all  its  meetings  when  the  mayor  is  m>t  present; 
.-it  ]  whenever  ther<  is  a  vacancy  in  the  office  of  mayor,  or 
l.r     I  •rem    the    <iiv.    nr    unable,    from    any    cause,    to 

iharge   Hi     duties  of   his   office,   the   preeideat   shall   act 

and  ■  v  rcise  all   his  authority,  and  be  subject  to 

his  duties.     11-    Bhall  countersign  all   warrants  and   licenses 

d  Under  and  by  authority  of  the  city,  but  in  his  ab- 
sence or  inability  to  perform  said  duty,  the  mayor,  or,  if 
he    if  r   unable    to    perform   said    duty    the    president 

pro  tein..  or  i'  t i ■ . i  i  has  been  elected  the  chairman  of  the 
finance  COmmitt  Sign   the  same. 

Depul 

672.     Tlie  ol  ief  of  police,  city   attorney,  city  assessor, 
city   clerk,   and    city    eoll»  ctor,    and    street    commissioner   may 
.    with    the    approval    <>f    the    city    council,    only    appoint 
such  deputies  as  may  be   i  by  writing,  to  be  filed 

with  the  clerk.  Each  deputy  so  appointed  shall  receive 
for    his    servii  in    to    be    fixed    by    the    city 

hundred  dollars  per  month,  and 

shall    perform    such    duties    under    the    direction    of    his    prin- 
cipal  as   may   by    Baid    council    be    prescribed.      The   principals 
shall   be   each    responsiDh     for   his  deputy,   and   may  revoke 
pleasure. 

Chief   <>f    po 

The  chief    of    police    shall    receive    a    salary 

which    shall    i  !    the   sum    of   fifteen    hundred    dollars 

innum,   to   be  determined   by   the   city  connciL 

Treasurer. 

7  1.  The  city  treasurer  shall  receive  a  salary  which 
shall  not  exceed  th<  Bum  of  three  hundred  donars  per  an- 
num, to  be  det<  rmined  by  the  city  council. 

Duties  of  tn  asuri  r. 

675.       It    shall    be    the    duty    of    the    city    treasurer   to 
nd    safely   keep    all    moneys   belonging   to    such    city. 


853  MUNICIPAL    CORPORATIONS.    Act  2348,  §§  676-678 

from  whatever  source  derived,  to  place  the  same  to  the 
credit  of  the  different  funds  to  which  they  properly  belong, 
in  a  book  kept  for  that  purpose;  to  disburse  said  moneys  by 
thj  direction  of  the  city  council,  and  in  accordance  with 
the  provisions  made  by  them,  and  the  school  tund,  by  the 
direction  of  the  board  of  education,  under  the  provisions 
of  this  chapter,  and  to  make  a  report  monthly  to  the  city 
council  of  the  condition  of  the  treasury. 

Clerk. 

Sec.  676.  It  shall  be  the  duty  of  the  clerk  of  the  city 
to  keep  the  corporate  seal  and  all  papers  and  documents 
belonging  to  the  city;  to  file  them  in  his  office,  under  ap- 
propriate heads;  to  attend  the  sittings  of  the  city  council 
and  to  keep  a  journal  of  their  proceedings  and  records  of 
all  their  by-iaws,  resolutions,  and  ordinances;  to  sign  all 
warrants  and  licenses  issued  in  pursuance  of  the  orders  and 
ordinances  of  the  city  council,  and  to  ffix  the  corporate 
seal  on  such  licenses;  to  keep  an  accurate  account  in  a  suit- 
able book,  under  the  appropriate  neads,  of  expenditures  of 
all  orders  drawn  upon  the  city  treasurer,  and  all  warrants  is- 
sued in  pursuance  thereof;  also,  to  keep  an  account  in  an 
appropriate  book  of  all  licenses  issued,  with  the  names 
ot  the  persons  to  whom  issued,  the  date  of  issue,  the  time 
for  which  the  same  was  granted,  and  the  sums  paid  therefor, 
and  to  perform  such  other  duties  as  he  may  be  required  to 
perform  by  the  provisions  of  this  act,  or  by  ordinance. 
He  shall  receive  for  his  services  a  salary  to  be  fixed  by  the 
city  council,  not  exceeding  the  sum  of  one  hundred  dollars 
per  month. 

Assessor. 

Sec.  677.  It  shall  be  the  duty  of  the  city  assessor  to 
prepare  the  assessment-rolls,  lists,  and  books,  and  to  make 
the  assessment  of  persons  and  property  in  said  city  as 
required  by  this  chapter;  also  to  make  and  present  all 
assessments  for  improvement  of  streets,  or  other  work  of 
like  character.  He  shall  receive  a  salary,  to  be  fixed  by 
the  city  council,  not  exceeding  five  hundred  dollars  per  an- 
num. 

Collector  and  commissioner. 

Sec.  678.  The  city  collector  and  street  commissioner 
shall  collect  all  taxes,  assessments,  licenses,  wharfage  rates, 


Act  231'  L    CORPORATIONS.  8*4 

and  all  other  moneys  or  dues  owing.  !>■  lunging,  or 

d   city,   nri'l   the  same  shall   pay  over  monthly  to 

the    city    treasurer,    nnl  the    city 

•  ■  il.     Hi    BbaU  the   landing  and   stationing  of 

all  steamers,  teasels,  boats,  or  othrr  water-craft,  and  sliall 

make  report  to  thi  sell  aaeb  month.     '  Bom- 

miasioner,  ho  shall  have  the  general  supi  rvision  of  n 

public    square  -  wharves,   sloughs,   drains,   wati  r  way*. 

i>ri<!_  •• .  aik-i.    cross-walks,   and    public   buildings,   and 

shall    supi  rinti  ml    all    work,    re  |>airs.    ur   inipniv merit    tie 

or  thereon.     At   t  |   of  the  stmt  committee  of  the 

rity    Council,    ho    shall    make    report    to    them    of    any    of    his 

doinj  ihall  do  and  perform  all  such  other  duties 

may  lie  required  of  him  by  ordinance  of  the   eity  council. 

of  sueh  city,  he  is  hereby  author 
in   his  official  capacity,  to  make  all   written   contracts,  anil 
receive  all  bonds  authorised  in  tin    chapter,  and  to  do  any 

Other   art,    either    expressed    >>r    implied,    thxt    pertains    to    the 

street  department  undei  this  chapter.     He  shall  fix  the  time 
for   the   performanc<    of   the   work   under   all   conti 

I  into  by  him,  in  accordance  with   the  no!  a  by 

the  council;   md  may  extend  the  time  so  fixed,  from  tir 
time,  under  the   direction   "t"  said  e<>iincil.     ah   work   upon 

the  ..r      in    the    matter     "f     si. Ii  walk*      or 

bridges,    or    in    the    improvement     >f    the    public    buildi 

Squares,    and    places   of   said    City    provided    fur    in    this    el 

tor,  or  nn  1<  r  the  (.id.  nances  of  the   eity  council 

of  smdi  city,  must  in  all  casi  -  I..    done  under  the  direction 

and     to    the    satisfaction  of   the     Btreel     com                  .   and 

the    materials    used    shall  be    BUen    as    are    required    by    said 

commissioner,  in  accordance  with  the  contract-,;  ;md  all  con- 
's made  tlurt  tor  must  contain  this  condition,  and 
express  notice  that  in  no  ease,  except  when  it  is  otherwise 
provided  in  this  chapter,  will  the  city  be  liable  for  any  por- 
tion "f  the  .  d  when  Bucfa  expense  is  defrayed  by 
in  no  case  for  any  delinqui  s  or 
property  ass  >sed. 

Police  force. 

679.      The    police    force   of   such    city   shall   consist   of 
the  chief  of  police,  and   such   number  "f   polii  shall 

from    time    to    time    be    fixed    and    determined    by    the    city 
council. 


855  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  6SO-«01 

Police,  commission  to  elect. 

Sec.  680.  The  policemen  of  such  city  shall  be  elected 
by  a  police  commission,  to  consist  of  the  mayor,  chief  of 
police,  and  the  police  judge;  and  such  policemen  shall 
hold  office  from  and  after  their  election  to  and  including  the 
second  Monday  in  January  next  ensuing  after  a  regular  city 
election,  unless  sooner  removed  for   cause. 

Trial  commission. 

Sec.  681.  The  president  of  the  city  council,  the  chair- 
man of  the  finance  committee,  and  the  chairman  of  the  street 
committee  of  the  city  council  shall  constitute  a  police  trial 
commission,  and  such  commission  shall  have  power,  under 
rules  of  procedure  to  be  prescribed  by  ordinance  of  such 
city,  to  receive,  hear,  try,  and  determine  all  complaints 
against  policemen  of  such  city  for  violation  of  official 
duty,  or  of  any  rule,  regulation,  by-law,  or  ordinance  of  such 
city,  and  shall  have  power  in  such  behalf  to  condemn  or 
acquit,  reprimand,  suspend,  or  remove  any  policeman. 

Article    VI. — Judicial    Department. 
Police  court. 

Sec.  690.  A  police  court  is  hereby  established  in  such 
city,  which  court  shall  always  be  open,  except  upon  non- 
judicial days,  and  upon  such  days  may  transact  criminal 
business  only. 

Jurisdiction. 

Sec.  691.  The  police  court  of  such  city  shall  have  juris- 
diction of  the  following  public  offenses  committed  within 
such  city: 

1.  Petit  larceny; 

2.  Assault  or  battery,  not  charged  to  have  been  com 
mitted  upon  a  public  officer  in  the  discharge  of  his  official 
duty  or  with  intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing 
'willful  injury  to  property,  and  all  misdemeanors  punish- 
able by  fine  not  exceeding  five  hundred  dollars,  or  by  im- 
prisonment not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment; 

4.  Of  proceedings  respecting  vagrants,  loud  or  disorder- 
ly persons; 

5.  Of  all  proceedings  for  violation  of  any  ordinance 
of    said     city,   both     civil     and     criminal;    of   any    and    all 


.   §  cm         •       MUNICIPAL   ''  tONS.  8o« 

suits  to  recover  taxes,  general  or  special,  levied  in  su"i\ 
city    or    city    pui  !    of    all    suits    to    reeover    any 

;  levied  in  roeh  city  for  the  improvement  of 
Btreets,    ave«  iidewalks,    and    public     squares, 

and  fur  tlio  opening  or  laving  out  of  the  same,  when  the 
amount    of   Baid    I  sought   to   be   collected 

•I,  firm,  or  corporation  assessed  is  less 
than  three  hundred  dollars;  provided,  no  lion  upon  tha 
property    taxed    or  for    the    non-payment     of     the 

at  is  sought  to  be  foreclosed  by  said 
suit  ; 

6.  Of   an    action    for   thi     collection    of   money   due    to   such 
city,    or    from    tlm    city    to    any    person,    firm,    or    corporation, 

w!u  n    th.'    amount  is    teas    than    three 

hundred 

action  for  the  breach  or  violation  of  any  official 
bond  given  by  any  city  ofli>'<r.  and  for  the  breach  of  any 
coni  action    for    damages    in    which    the    city    i- 

a    party,   or    is    in    any    way    interested,   and    on    all    fort' 

I  for  the  benefit  or  in  behalf 
of  Bucfa  city,  and  upon  all  bonds  given  upon  any  appeal 
taken    from    the  jndgm<  I    eUurt    in   any  action   ahov< 

named,  Vhen    the    amount  exclusive    of    cost,   is 

•  iian    three    bundri  d    dollar^; 

an    action    I  rj   of    personal   property 

the  city  whin  th.'  value  of  the  property,  ex 
elusive  of  the  damages  for  the  taking  or  detention,  is  less 
than    three    hundred   doll 

9.  Of  an  action   for  the  collection  of  any  license  required 
tinance  of  tin 

rt    shall  jurisdiction 

of     all      pro<  in     this    section;     and     no 

i    such    city   shall   have   power   to   try 
•md   di  cide   a  -    mentioned  in  said  sec- 

tion; provided^  that  any  justice  of  the  peace  of  such  city 
who  gnated   in    writing  by  the   mayor,  or  presi- 

,1,  lit  oi'  tii,  thereof,  for  the  purpose,  shall  have 

power  to  preside  in  and  hold  the  police  judge's  court  of 
said   city    in    I  in    which    the   police  judge   is  a    party, 

.,r    in    which    ho    is    directly    interested,    or    when    the    ,jnd<r 
within    the    third    degree;    and   also    in   the   case   of  the  sick 
oi  temporary  of  tin    judge,  or  his  inabili 

■I  in  all  such  cases,  and  during  such 
sick m  ss,    temporary  t    inability,    the    justice     so 

designati  .judge,    and   shall    have    and 


857  MUNICIPAL    CORPORATIONS.     Act  234S,  §§  6y2-«y4 

exercise    all    the    powers,   jurisdiction,    and    authority    which 
are  or  may  be  by  law  conferred  upon  said  court  or  judge. 

Powers  of  judge. 

Sec.  692.  The  judge  of  said  court  shall  also  have  power 
to  hear  cases  for  examination,  and  may  commit  and  hold 
the  offender  to  bail  for  trial  in  the  proper  court,  and  may 
try,  condemn,  or  acquit,  and  carry  his  judgment  into 
execution,  as  the  case  may  require,  according  to  law;  and 
to  punish  persons  guilty  of  contempt  of  court,  and  shall 
have  power  to  issue  warrants  of  arrest  in  cases  of  a 
criminal  prosecution  for  the  violation  of  a  city  ordinance, 
as  well  as  in  case  of  the  violation  of  the  criminal  law 
of  the  state;  also,  all  subpoenas  and  all  other  processes 
necessary  to  the  full  and  proper  exercise  of  his  powers 
and  jurisdiction  in  all  criminal  trials  before  the  police 
judge  for  the  violation  of  a  city  ordinance,  as  well  as  in 
cases  of  a  violation  of  the  criminal  law  of  the  state,  made 
triable  before  such  court;  the  defendant  shall  be  entitled, 
if  demanded  by  him,  to  a  jury  trial  but  a  trial  by  jury 
may  be  waived  by  the  defendant  in  all  such  cases,  and 
upon  such  waiver  the  court  shall  proceed  and  try  the 
case. 

Dockets. 

Sec.  693.  The  city  council  shall  furnish,  for  the  use  of 
the  police  court,  two  dockets;  one  shall  be  styled  The 
city  criminal  docket,  in  which  all  the  criminal  cases  shall 
be  recorded,  and  each  case  shall  be  alphabetically  in- 
dexed; the  other  shall  be  styled  The  city  civil  docket, 
and  it  shall  contain  a  record  of  every  civil  case  which 
is  prosecuted  before  said  court,  and  each  case  shall  be 
properly  indexed,  and  in  all  cases  the  dockets  shall  con- 
tain all  such  entries  as  are  required  by  law  to  be  made 
in  the  justice's  docket;  and  in  any  case  commenced  or 
tried  before  the  court  the  docket  must  show  what  duties 
wpre  performed  by  each  officer,  and  the  amount  of  fees 
due  to  the  officer  for  such  services,  and  the  amount  of 
money,  if  any,  collected. 

Appeals. 

Sec.  694.  Appeals  from  the  police  court  may  be  taken 
to  the  superior  court  of  the  county  in  all  cases  cognizable 
by  the  said  police  court,  and  such  appeals  shall  be  taken 
as  in  case  of  appeal  from  a  justice's  court. 


Act  2318.  55  695,  6;»6    MUNICIPAL    CORPORATIONS.  BSS 

City  and  district  attorney. 

Sec.    695.     The    city     attorney    of  such     city     shall    prose- 
cute  all   cases   for   the   violation   of   any   lawful   order,   r< 
lation,     or     ordinance     of     the     city      council,     and      shall 
prosecute,    conduct,    and    control    all    proceedings    in    ■■ 
mentioned   in   section  six   hundred   and   twenty-two   of   this 
act,    both    in    the    police     court    and     on    appeal    therefrom 
to    the   superior   court,   hut    the   district   attorney    shall    at 
tend    and    conduct    all    proceedings    of    the    nature    of    a    pre- 
liminary  examination   before   said   police   court. 

Incarceration. 

Sec.   696.     In    all   cases   when    the    police   court    is   author- 
ized   to    impose     a     fine    or    imp]  or     both,     upon 
persons     convicted     in    said     court    ot    ai  triable 
therein,    the    said    court    may    E                                fender    to    b< 
imprisoned    in    the    city    jail,    if    there    be    one    established 
by    the    city    council,    if    not,    then    until    said    cobnci]    shall 
designate   and                       a    city   jail  or   prison,   may 
offenders  to  be  imprisoned  in  the  county  jail,  and  in  addi 
tion    to    imprisonment,  may    sentenc*                rs    t « •    be  em- 
ployed  to    labor   in    the   city,   und<  r    the    direction    of   the 
chief  of  police,  and  in  the  maun,  r  prescribed  by  ordinance, 
for  the  benefit  of  the  city,  during  smh   time  of   imprison- 
ment,  and   may,   in   ease  of   imposing  a    fine,  embra 
part    of   the   sentence    that,   in    default   of   the    payment   of 
such  fine,  the  defendants  shall  be  imprisoned  and  required 
to    labor   for   the    benefit   of   th                 -    1>'  fore    provided, 
at   the  rate  of   two   dollars   a   day,   till   such   fie  Bed. 
Offenders    required    to    labor     under     the     direction     of     the 
chief    of    police    shall,    until     the    establishment    of    a    city 
jail,  be  returned  to  the  county  jail  at   the  end  of  eaeh  d 
labor  during   their   term   of   imprisonmu  tit.   until   a   city  jail 
shall    be    by    the    city     council     established.     It     is      hereby 
made  the  duty  of   the  officer   having  the  control  or  ch 
of    the    county    jail    of    the    county    wherein    such 
situated,  to   receive  and   safely  keep  all   p*  rsmis   impriacmed 
by    any   judgment    or   oidtr   of    the    police    court,    in    accord 
ance  with   the   order  of  commitment,  and   to  allow 
be    removed   from    the    jail    under    tie                    of    the    ehii  t 
of  police,  who  are  required  to  labor  for  the  benefit  of  th.' 
city,   or   whom    the    police    judge    may    order    broughl    f 
for    trial,    and    tin'    keepei    oi     th<     .nil    shall    in    no    way   be 
responsible    for    the    safekeeping    of    such    prisoners     while 
eo  under  the  charge  of  the  chief  of  police. 


859  MUNICIPAL    CORPORATIONS.     Act  2348,  §  §  637-6Td 

Seal. 

Sec.  697.  The  court  shall  have  a  seal,  to  be  provide! 
by  the  city,  and  certified  transcripts  of  the  police  judge's 
docket  and  the  seal  of  his  court  shall  be  evidence  in  any 
court  of  the  state  of  the  contents  of  the  docket;  and  all 
warrants,  and  other  processes  issued  out  of  ^aid  court, 
and  all  acts  done  by  said  police  judge  under  its  seal,  shall 
have  the  same  force  and  validity,  in  any  part  of  this  state, 
as  though  issued  or  done  by  any  court  of  record  of  thi3 
state. 

Judge 's  report. 

Sec.  698.  The  police  judge  shall,  on  the  last  Saturday 
of  each  month,  make  to  the  city  council  a  full  report  of 
all  the  cases  tried  in  his  court  for  that  month,  in  which 
the  city  may  be  interested,  and  at  the  same  time  shall  pay 
into  the  city  treasury  all  fines  and  other  moneys  collected 
on  behalf  of  the  city  for  such  month. 

Salaries. 

Sec.  699.  The  city  council  of  such  city  shall  allow  to  the 
police  judge  an  annual  salary  which  shall  not  exceed  the 
sum  of  fifteen  hundred  dollars,  and  to  the  chief  of  police 
and  the  several  policemen  of  such  city  each  a  salary  which 
shall  be  fixed  by  said  council.  The  salaries  of  the  police 
judge,  and  chief  of  police  and  policemen  shall  be  paid 
from  time  to  time  as  other  city  officers  and  as  the  coun- 
cil may  determine.  The  chief  of  police,  or  any  police- 
man of  such  city,  is  hereby  authorized  and  empowered 
to  serve,  execute,  and  return  any  and  all  warrants  of  ar- 
rest, and  all  processes  directed  to  him  by  the  police  judge 
of  said  city,  and  to  arrest  all  persons  accused  or  guilty  of 
the  violation  of  any  city  ordinance,  or  of  any  public 
offense,  and  to  do  and  perform  all  acts  and  duties  which, 
in  criminal  cases,  any  constable  of  the  county  may  law- 
fully do,  and  receive  like  fees  for  such  services;  provided, 
the  city  council  may,  in  their  discretion,  deduct  the  amount 
so  received,  for  fees  from  the  monthly  salary  of  such  offi- 
cers, or  order  the  same  paid  into  the  city  treasury  for  the 
use  and  benefit  of  the  city,  as  received  by  said  officers 
respectively;  provided,  that  nothing  in  this  charter  shall 
be  construed  as  authorizing  or  entitling  such  officers  to 
charge  or  receive  from  such  city,  or  the  county  wherein 
situated,  any  fees  or  costs  in  any  case  whatever,  nor  shall 
such  city   or  county  be  liable   to   pay  any   fees,  or  costs  to 


960 

sue})  offici  rs  fur  any  si  rvice  they  may  render  in  any  action 
or  proceeding,  either  civil  or  criminal.  The  chief  sf  police 
shall  attend  the  session  of  the  police  court  When  required, 
rvise  and  direct  the  police  foTce  of  the  city,  and  per- 
form Buch  other  duties  as  may  be  reqdlred  by  the  city 
council  appertaining  to  th<  \    or  the 

man  •        peel  ally    devplved    upon 

Beer  named  in  this  chapter;  and  the  chief  of 
poli,  •     all 

notices  by  this  chapter  provided  rved,  in  which,  the 

city    is   in    any   way    interested,   and    the   return    of   the   Ob 
s>r\in^  shall   l>e  evidence  of  the  facta  in  such  return   Btated, 
hilt     QOne    of     BUCh  any    civil 

rOVided    in   this  chapti  r. 

rs  of  ju-t 

0,      The   j  tin     peaC4     iii    an.l    for   the   town- 

ship  embracing   Bucb    city    -hall    have   the   same   pow(  rs  as 

the    same    officers    in    any   ji,  irl    of    the    county,    and 

shall  have  and  may  t  x>  n-ise  like  powers  and  authority; 
provided,  however,  that  no  justice  of  the  peace  in  such  city 
shall    hav.    power    to    tonduct   or   try   and   decide   any 

of   the   .l:i--is    mentioned    in    section   six 
hundred    ami    twenty-two    oi     tliis    act;    but    nothing    in    this 
Construed    t,,    prevent    any    of    the    jh-' 

in  said  city  from  i  police  jn   - 

[ntereated  party  not  disqualified, 

701.  The  interest  which  any  inhabitant  of  such  city 
may  have  in  a  penalty  for  the  breach  of  a  bylaw  or  or- 
, linan.,    of   BUCh   city   shrill    not    disqualify   said   inhabitant    to 

act  as  judge,  juror,  or  witness  in  any  prosecution  to  recover 
the  pens 

Article   yii.-  School   Department, 

Board. 

7  If.  The  board  of  education  of  such  city  shall  be 
elected     as     in     this    chapter    provid.it.    and     shall     consist     of 

superintendent  ami  two  tru>t<is  from  each  ward  in  the 

Superintend'  nt. 

711.  The  superintendent  shall  be  rx-ofheio  si  en- 
tary  of  the  board  of  education,  and  shall  receive  tor  his 
Bervices    a    salary    which    shall    not    exceed    eighteen    hundred 


861  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  712,  713 

dollars  per  annum.  He  shall  report  to  the  city  council, 
annually,  on  or  before  the  first  Monday  in  January,  and  at 
such  other  times  as  they  may  require,  all  matters  per- 
taining to  the  expenditures,  income,  condition,  and  pro- 
gress of  the  public  schools  of  the  city  during  the  preceding 
year,  together  with  such  accommodations  [recommenda- 
tions], as  he  may  deem  proper,  and  shall,  at  the  regular 
meeting  of  the  board  of  education  in  June  of  each  year,  sub- 
mit to  the  board  a  detailed  statement  of  the  amount,  as 
near  as  may  be  ascertained,  of  fuel,  blanks,  blank-books, 
apparatus,  stationery,  and  such  other  articles,  materials,  or 
supplies,  including  books  for  indigent  children,  as  may  be 
necessary  for  the  use  of  the  city  schools  and  the  board  for 
one  year  following.  He  shall  have  power  to  administer 
oaths  and  affirmations  concerning  any  demand  upon  the 
treasury  payable  out  of  the  school  fund,  or  other  matters 
relating  to  his  official  duties.  [Amendment  approved  March 
14,  1885.  Stats.  18S5,  p.  134.  In  force  from  and  after  its 
passage.] 

Advertisement  for  supplies. 

Sec.  712.  The  board  of  education  shall,  upon  the  receipt 
of  the  ^statement  from  the  superintendent,  as  in  the"  pre- 
ceding section  provided,  advertise  for  the  space  of  five 
successive  days  in  some  newspaper  published  in  such  city, 
for  sealed  proposals  for  furnishing  the  articles  in  said  state- 
ment specified.  Said  advertisement  shall  designate  a  day 
after  the  expiration  of  the  publication  aforesaid  when  said 
proposals  will  be  considered,  at  which  time  the  board  or  a 
committee  thereof  by  the  board  for  such  purpose  designated, 
shall  meet  and  publicly  open  and  declare  the  proposals  re- 
ceived and  shall  thereupon  award  the  contract  therefor  to 
the  lowest  responsible  bidder  or  bidders,  in  each  case;  pro- 
vided, that  all  bids  may  be  rejected  if  deemed  too  high. 
Said  board  may,  in  their  discretion,  require  a  good  and 
sufficient  bond  with  two  or  more  sureties,  to  be  filed  by 
each  bidder,  in  the  sum  of  two  hundred  dollars,  conditioned 
for  the  fulfillment  of  his  proposal  in  case  of  the  acceptance 
thereof. 

Powers  of  board. 

See.  713.  Subject  to  and  in  accordance  with  the  direc- 
tions and  provisions  of  this  chapter,  the  board  of  educa- 
tion shall  have  full  power: 


Act  2348,  5  713  MUNICIPAL,    CORPORATIONS.  SB 

•  ds. 

1.  To  establish  and  maintain  public  schools,  including 
high  Bcbool,  and  fix  and  alter  the  boundaries  of  the  dis- 
trii  t    thereof. 

Employees. 

2.  To    employ    and    dismiss    teachers,    janitors,    and    other 

hi  Ip,  and  to  fix,  alter,  allow,  and  order  paid 
th'ir  salaries  <>r  compensation,  and  to  employ  any  pay 
Midi  mechanics  and  laborers  as  may  be  necessary  to  carry 
Into  effect  tin  powers  and  duties  of  the  board,  and  to 
withhold,  for  good  and  sufficient  cause,  the  whole  or 
any  part  of  the  salary  or  wages  of  any  person  or  persons 
employed  laid. 

.  lation   of  schools. 

To    make,    establish,    and     enforce    all     necessary    and 

propei  roles  and   regulations   not  contrary  to  law,  for  the 

government    and    ;  of   the   public   schools  within   the 

.   the    pupils   therein    and    the   teachers   thereof,   and   for 

tin-   laws  relating  to  education;   also,  to 

ilate   the  grade  of  schools,  and  determine 

what  course  of  study  and   mode  of  instruction  shall  be  used 

in  said  schools. 

Building   and    repairs. 

1.  To  build,  alter,  n  pair,  rent,  and  provide  school-houses, 
and  the  same  furnish  with  lights,  water,  proper  school  fur- 
niture, apparatus,  and  school  appliances,  and   to  insure  any 

and   all   school   property. 

Real   i  state. 

5.  To  roci  ivc,  purchase,  lease,  and  hold  in  fee,  in  trust 
for  su.li  city,  any  and  all  real  estate;  and  to  hold  in  trust 
any  pi  rsonal  property  that  may  have  been  or  may  hereafter 
be  acquired   for  the  use  and  benefit  of  the  public  schools  of 

such    city. 

[mprovemi  nts. 

6.  To  grade,  fi  ace,  and  improve  school  lots,  and  in  front 
thereof  to  gi  T(  r,  plank,  or  pave  and  repave,  and 
to   construct   aud   repair  sidewalks. 

Legal   privileges. 

7.  To  sue  for  any  and  all  lots,  lands,  and  property  be- 
longing   to   or   claimed    by    the   said   school   department;   and 


SG3  MUNICIPAL.   CORPORATIONS.  Act  2348,  §  713 

to  prosecute  and  defend  "all  actions  at  law  or  in  equity 
necessary  to  recover  and  maintain  the  full  enjoyment  and 
possession  of  said  lots,  lands,  and  property,  and  to  employ 
and  pay  counsel  in  such  cases. 

To  determine  amount  of  money  needed. 

8.  To  determine  annually  the  amount  of  taxation,  not 
exceeding  thirty-five  cents  on  each  one  hundred  dollars 
valuation  on  the  assessment  roll,  to  be  raised  upon  the 
real  and  personal  property  within  the  city  not  exempt 
from  taxation,  for  the  establishment  and  support  of  free 
public  schools  therein;  and  for  carrying  into  effect  all 
the  provisions  of  law  regarding  public  schools,  aDd  the 
amount  so  determined  by  said  board  of  education  shall  be 
reported  in  writing  to  the  city  council  on  or  before  the  first 
Monday  of  April  of  each  year;  and  the  said  city  council  are 
hereby  authorized  and  required  to  levy  and  cause  to  be  col- 
lected, at  the  time  and  in  the  manner  of  levying  other  city 
taxes,  the  amount  of  taxation  so  determined  and  reported  to 
them  by  the  said  board  of  education,  as  school  tax,  upon  all 
taxable  property  in  the  city ;  and  said  tax  shall  be  in  addi- 
tion to  all  other  amounts  levied  for  city  purposes. 

Disbursements. 

9.  To  establish  regulations  for  the  just  and  equal  disburse- 
ment of  all  moneys  belonging  to  the  "public-school  fund." 

Demands. 

10.  To  examine  and  allow,  in  whole  or  in  part,  every  de- 
mand payable  out  of  the  school  fund,  or  to  reject  any  such 
demand  for  good  cause,  of  which  the  board  shall  be  sole 
judge. 

Incumbrances. 

11.  To  discharge  all  legal  incumbrances  now  existing,  or 
which  may  hereafter   exist,  upon  any  school  property. 

Age  limit. 

12.  To  prohibit  any  child  under  six  years  of  age  from  at- 
tending the  public  schools. 

Other  acts. 

13.  And  generally  to  do  and  perform  such  other  acts  as 
may  be  necessary  and  proper  to  carry  into  force  and  effect 
the  powers  conferred  on  said  board. 


Act  234S,   §§  714-716    MUNICIPAL    CORPORATIONS.  «< 

Fund  not  to  be  diverted. 

14.  To  use  and  apply  the  school  fund  of  the  city  for  the 
purposes  m  this  section  heretofore  named,  and  for  no  other 
purpose  whatever. 

.Non-residents. 

15.  To  admit  non-resident  children  to  any  of  the  depart- 
ments  of   the   BCl Ifl   of   such    city    upon    the   payment,   at    such 

times  as  said  board  may  direct,  of  tuition  fee,  to  be  fixed  by 
said  board. 

-  i   of  examination. 

714.  No  teacher  shall  be  employed  in  any  of  the  pub- 

without   having  a  certificate    of    the 

proper  grade,  issued  under  the  pro  ter,     For 

tlie  purpose  of  granting  certificates  required,  tin-  1 » • » : i r <  1  of  ed- 

either  as  a  body  oi  ird  of  examination  ap- 

ted  by  said  board  of  education,  ami  of  whien  the  Buper- 

Intendent    shall    be     president,    sluill     bold    examinatians    of 

Kcepl    t"    a    person 
who    shall    have    pat  Satisfactory     examination     in     such 

branches  as   the   board   may   re  [uire,   and   shall   have  given 
evidence    <>f    good    moral    character,    ability,    and    fitness    to 
:.     Examinations   of  teachers   mmal    '"    held   semi-annu- 
ally, at  BUCfa  times  as  the  board  may  determine. 

Revocation  and  renewal. 

715.  The   hoard   may,  in  its  discretion,  renew  without 
camination  the  certificate  of  :  in  so  employed.     It 

shall  have  power  to  revoke  the  certificate  of  any  teacher  upon 
evidence    of    unmoral    or   unprofessional    conduct    or    incon 

y,  ami   shall  always  have   the   power  to  dismil  1  all 

teachers,  and  to  alter  the  amount  of  salary  or  compensation 
paid  to  either  or  any  of  them.  The  board  of  education  may 
also,  without  examination,  ^rant  certificates  ami  fix  the  grade 
thereof  to   the   holders  of  life   diploma  -1   di- 

plomas, normal-school  diplomas,  state  university  diplomas,  and 
to  the  holders  of  such  state  ami  count]  M   in 

full  force  ami  effect  on  the  first  day  of  January,  eighteen 
hundred  and   eighty. 

Board   must   visit. 

Sec.  716.  It  shall  be  the  duty  of  the  board  of  education 
to  visit  and  examine  each  school  at  least  once  each  and   • 


865  MUNICIPAL    CORPORATIONS.    Act  2343,  §  5  717-719 

month;  to  observe,  and  cause  to  be  observed,  such  general 
rules  for  the  regulation  and  government  and  instruction  of 
the  schools,  not  inconsistent  with  the  laws  of  the  state,  as 
may  be  esablished  by  the  board. 

School  fund,   how  constituted   and   applied. 

Sec.  717.  The  pubbc-school  fund  of  such  city  shall  con- 
sist of  all  moneys  received  from  the  state  and  county  school 
fund;  of  all  moneys  arising  from  taxes  which  shall  be  levied 
by  the  city  council  for  school  purposes ;  of  all  moneys  arising 
from  the  sale,  rent,  or  exchange  of  school  property,  and  of 
such  other  moneys  as  may  from  any  source  whatever  be  paid 
into  said  school  fund;  which  fund  shall  be  kept  separate  and 
distinct  from  all  other  moneys,  and  shall  only  be  used  for 
school  purposes  under  the  provisions  of  this  chapter.  No 
fees  or  commission  shall  be  allowed  or  paid  for  assessing,  col- 
lecting, keeping,  or  disbursing  of  school  moneys;  and  if  at 
the  end  of  the  fiscal  year  any  surplus  remains  in  the  school 
fund,  such  surplus  money  shall  be  carried  forward  to  the 
school  fund  of  the  next  fiscal  year,  and  no  part  of  the  school 
fund  shall  be  for  any  purpose  or  in  any  manner  whatever  di- 
verted or  withdrawn  from  said  fund,  except  as  in  this  chap- 
ter provided. 

Approval  of  claims. 

Sec.  718.  All  claims  payable  out  of  the  school  fund 
shall  be  filed  with  the  secretary  of  the  board,  and  shall  be 
approved  by  a  majority  of  all  the  members  of  the  board,  and 
certificate  of  such  approval  shall  be  indorsed  thereon;  where- 
upon the  secretary  of  said  board  shall  draw  a  warrant  upon 
the  city  tieasurer  for  the  payment  thereof,  which  warrant 
shall  be  countersigned  by  the  superintendent.  All  demands 
for  salaries  of  teachers  and  compensation  of  janitors  shall 
be  payable  monthly  in  the  same  manner  without  presentation 
of   claims   therefor. 

Payment   of   demands. 

Sec.  719.  All  demands  authorized  by  this  article,  and  by 
the  board  approved  as  aforesaid,  shall  be  paid  by  the  city 
treasurer  from  the  school  fund  upon  the  presentation  of  the 
warrants  therefor;  provided,  that  the  board  of  education 
shall  not,  without  the  consent  of  the  city  council  first  had, 
have  power  to  create  any  debts  or  liability  in  any  one  year 
to  exceed  the  actual  revenue  or  available  means  in  the  city 
Gen.  Laws — 55 


Act  2348,  J  §  750-752    MUNICIPAL    CORPORATIONS.  868 

treasury  under  the  control  of  the  board,  and  justly  applicable 
for  school  purposes  for  such  year. 

CHAPTER  VI. 

MUNICIPAL    CORPORATIONS    OF    THK    FIFTH    CLASS. 

(A  charter  for  cities  baring  a  population  of  more  than  3,000 
and  not  g  10,000.) 

Article    I. — General    Powers. 
Fifth  class. 

Sec.   750.     Every   municipal   corporation    of   the    fifth    class 

shall  be  entitled   the  city  of  (naming   it),  and   by  such 

name  shall  have  perpetual  succession,  may  sue  and  be  sued 
in  all  courts  and  places,  and  in  all  proceedings  whatever; 
shall  have  ami  use  a  common  seal,  alterable  at  the  ph  asure 
of  the  eity  authorities,  and  may  purchase,  lease,  receive,  hold, 
and  enjoy  real  and  personal  property,  ami  control  ami  dis- 
pose of  the  same  for  the  common  benefit. 

Article    II. — Geieral    Provisions    Relating    to    Officers. 

Offie< 

Sec.    751.     The   government    of   said    city     shall     be    vested 

rn  a  board  of  trustee,  to  com-'   of  fi\>'  members;   a  board  of 

ation,  to  consist   of   five  members;   ami   whenever  a   free 

public    library    ami    reading-room  lished    therein,   five 

trustees  thereof;   a   recorder;  a  treasurer;  n  clerk  ;  an  attorney; 

a  marshal;  an  assessor,  and  such  subordinate  officers  as  are 
hereinafter  provided  for;  provided,  thai  the  board  of  trustees 
may,  in  its  discretion,  by  an  ordinance  adopted,  published  and 

recorded  as  required  for  general  ordinances,  at  hast  thirty 
days  before  a  general  city  election,  at  which  city  officers  are 
to  be  elected,  unite  and  consolidate  certain  offices,  by  de- 
claring: 

1.  The  city  marshal  elected  shall  be  ex-officio  superinten- 
dent   of   Btrt  •  •  9,    ami    health   offici  r: 

2.  The  city  clerk  elected  shall  !>••  ex-officio  recorder  and  as- 
sessor ; 

3.  The   city   treasurer   elected    shall   be   ex-officio   city   taz 

collector    and"    licensi    tax    oil.  i 

4.  The  city  attorney  elected  shall  be  ex-officio  city  clerk. 
[Amendment  approved  February  28,  1901.  Stats.  1901,  p.  70. 
In    effect    immediately.) 

Election   and   terms  of   office. 

Sec.  7">2.  The  members  of  the  board  of  trustees,  and  of 
the    board    of   education,   and    the    city     clerk,     city     attorney, 


867  MUNICIPAL    CORPORATION'S.     Act  234S,  §§  753,  751 

assessor,  marshal,  tr°asurer,  and  recorder  shall  be  elected 
by  the  qualified  electors  of  said  city  at  a  general  municipal 
election,  to  be  held  therein  on  the  second  Monday  in  April, 
nineteen  hundred  and  three,  and  on  the  second  Monday 
in  April  of  •  each  fourth  year  thereafter  and  shall  hold 
office  for  the  period  of  four  years  from  and  after  the  Mon- 
day next  succeeding  the  day  of  such  election,  and  until 
their  successors  are  elected  and  qualified;  provided,  that 
a  general  municipal  election  shall  be  held  in  said  city 
on  the  second  Monday  in  April,  nineteen  hundred  and  five, 
for  the  election  of  successors  to  the  members  of  the  board 
of  trustees  and  of  the  board  of  education  whose  terms  of 
office  expire  during  said  year,  and  said  successors  shall 
hold  office  for  the  period  of  two  years  from  and  after  the 
Monday  next  succeeding  the  day  of  such  election,  and  un- 
til their  successors  are  elected  and  qualified.  The  board 
of  trustees  may  in  their  discretion  appoint  a  poundmaster, 
also  a  superintendent  of  streets,  and  a  city  engineer,  all 
of  whom  shall  hold  office  during  the  pleasure  of  the  board. 
[Amendment  approved  February  26,  1903.  Stats.  1903,  p. 
40.     In   effect   immediately.] 

Official  bonds. 

Sec.  753.  The  clerk,  treasurer,  city  attorney,  and  mar- 
shal shall,  respectively,  before  entering  upon  the  duties  of 
their  respective  offices,  each  execute  a  bond  to  such  city  in 
such  penal  sum  as  the  board  of  trustees  by  ordinance  may 
determine,  conditioned  for  the  faithful  performance  of 
h.~  duties,  including  in  the  same  bond  the  duties  of  all  of- 
fices of  which  he  is  made  by  this  chapter  ex-officio  incum- 
bent. Such  bonds  shall  be  approved  by  the  board  of  trus- 
tees. All  bonds,  when  approved,  shall  be  filed  with  the  clerk, 
except  the  bond  of  the  clerk,  which  shall  be  filed  with  the 
president  of  the  board  of  trustees.  All  the  provisions  of  any 
law  of  this  state  relating  to  the  official  bonds  of  officers 
shall  apply  to  such  bonds  except  as  herein  otherwise  pro- 
vided. Every  officer  of  such  city,  before  entering  upon  the 
duties  of  his  office,  shall  take  and  file  with  the  clerk  the  con- 
stitutional oath  of  office. 

Vacancies. 

Sec.  754.  Any  vacancy  occurring  in  'any  of  the  offices 
provided  for  in  this  act  shall  be  filled  by  appointment  by 
the  board  of  trustees;   but  if  such  office  be   elective,  such 


|»ct234S.  §§:;-,.  TBI    MUNICIPAL   CORPORATIONS  863 

appointee  shall  hold  office  only  until  the  next  regular 
election,  at  which  time  ■  p<  rsos  shall  be  elected  to  serve 
for  the  remainder  of  such  i  term;     In  ease  ■  mem- 

ber  of  the  board  of  trnsteea  is  absent  from  tbe  city  for  tb 
period  of   aim  ty   days,  unless  by   pi  rmisaion   of  the  board 
of  trnsteea,  his  office  shall  by  the  1  ►« •:» r.  1  be  declared  vacant, 

an<l    the    same    filled    as    in    case    of   other    vacanci,  a 

Compensation. 

755.      The    mrmhrr    of    the    board    of    trusl 

ive  no  compensation   whatevi  r.  excepl   while  acting  as 

n    b<  T'-     The    treasurer,    i — Bsor,    marshal, 

clerk,  anil  recorder  shall  severally  receive  at   Btatcd   times, 

n  compensation  to  be  fixed  by  ordinance,  by  the  board  of 

tnisters,     which     Compensation      dial!     not     hi      increased     or 
diminished   after  their  election,  or  during  their  S'Veral   t- 
of   office.     Nothing   herein    contained   shall   he   construed    to 

j>n  Vent     the     hoard     of     trustees     from     fixing     BUCll     BI 
amounts    of    compensation,    in    the    first    instance,    .luring    the 
term  of   office  of  any     ueh  officer,  or  after  his  election.      The 

compensation  of  all  other  officers  shall  he  fixed  from  time 
to  time  by  the  board  of  trni  [Amendment  approved 

March  10,  1889.  Stats.  1899,  p.  389.  In  effect  imme- 
diately.J 

Election   regulations. 

See.  758.     All  elections  in  such  city  shall  lie  held  in  ac- 
cordance  with   the   general   election   laws   of   the   state, 

far    as    the    same    may    be    made    applicable,    and    no    person 

shall   be   entitled   to   vote   at    Bucb    election   unless   he   shall 
be  a  qualified  elector  of  the  county,  enrolled   upon   the  great 
register   thereof,   and  shall   have    resided   in   such   city   for  at 
least    thirty    days    next    preceding    such    election.      The    b( 
of   trustees  shall   give  such   notii  h   election   as   may 

be  prescribed  by  ordinance,  shall  appoint   I  Mon, 

and  fix  their  compensation,  and  establish  electior   precincts 

and  polling-places,  .ami  may  change  the  Same;  provided,  that 
no  part  of  any  ward  less  than  the  whole  tier,  of  shall  be 
atttehed  to  any  other  ward,  or  part  thereof,  in  forming  I 
tion  precincts.  At  any  municipal  i  lection  the  last  printed 
great  register  of  the  county  shall  l»-  used,  and  any  elector 
whose  name  is  not  upon  such  printed  regis  fa  r  shall  he  en 
titled  to  vote,  open  producing  and  filing  with  the  board  of 
election  a  certificate,  under  the  hand  and  official  seaJ  of  the 


869  MUNICIPAL    CORPORATIONS.     Act  2348,  §  §  757-760 

eounty  clerk,  showing  that  his  name  is  registered  and  un- 
canceled upon  the  great  register  of  such  county,  provided 
that  he  is  otherwise  entitled  to  vote. 

Eligibility  to  office. 

Sec.  757.  No  person  shall  be  eligible  to  or  hold  any  office 
in  such  city,  whether  filled  by  election,  or  appointment, 
unless  he  be  a  resident  and  elector  therein,  and  shall  have 
resided  in  such  city  for  one  year  next  preceding  the  date 
of  such  election  or  appointment. 

Free  library. 

Sec.  758.  The  trustees  of  any  free  public  library  created 
or  existing  in  such  city  under  the  provisions  of  an  act 
entitled  "An  act  to  establish  free  public  libraries  and  read- 
ing-rooms," approved  April  twenty-sixth,  eighteen  hundred 
and  eighty,  shall  be  elected  by  the  qualified  electors  of  said 
city,  at  a  general  municipal  election  to  be  held  therein  on 
the  second  Monday  in  April  next  succeeding  the  passage 
and  approval  of  this  act,  and  shall  hold  office  for  the  period 
of  four  years  from  and  after  the  Monday  next  succeeding 
the  day  of  such  election,  and  until  their  successors  are 
elected  and  qualified.  In  case  a  vacancy  shall  occur  m  the 
office  of  trustee  of  such  free  public  library  and  reading-room, 
the  board  of  trustees  of  said  free  public  library  and  reading- 
room  shall  choose  a  person  to  fill  such  vacancy,  who  shall 
serve  until  the  next  general  municipal  election,  when,  if  the 
term  does  not  then  expire,  a  person  shall  be  elected  to  serve 
for  the  remainder  of  such  unexpired  term.  [Amendment  ap- 
proved April  1,  1897.  Stats.  1897,  p.  403.  In  effect  im- 
mediately.] 

Article    III. — Legislative    Department. 
Board  of  trustees. 

Sec.  760.  The  board  of  trustees  shall  meet  on  the  Mon- 
day next  succeeding  the  date  of  said  general  municipal  elec- 
tion, shall  take  the  oath  of  office,  shall  choose  of  one  their 
number  president,  and  shall  hold  regular  meetings  at  least 
once  in  each  month,  at  such  times  as  they  shall  fix  by  or- 
dinance. Special  meetings  may  be  called  at  any  time  by 
the  president  of  the  board  or  by  three  trustees,  by  written 
notice  delivered  to  each  member  at  least  three  hours  be- 
fore the  time  specified  for  the  proposed  meeting.     All  meet- 


MUNICIPAL    CORPORATIONS.  870 

of  tli.  board  of  trustees  shall  be  hold  within  the  cor- 
porate  limits  of  the  city,  at  such  place  as  may  be  designate  i 
by  ordinance,  and  shall  be  public 

"gS. 

Rro.    761.      At    any    mooting    of    tho    board    nf    trustees,    a 

majority    of    tho    trustors    shall    constitute    a    quorum    for    the 

■  n     of     business,    bvt    a    loss    number    may    adjourn 

from    time     to     time,    and     may   oompo,     tho     attendance     of 

■t    members   in    such    manner    ami   under   such    penalties 

as  may  b  bed  by  ordinance.     Tho   president  of  the 

1    shall    pr<  side    at    all  of    t hi-    board,    and    in 

of    his    absence,    tho    board     may    appoint    a    president 

pro    t(  m. ;    and    in    ease    of    tho    absence    of    tho    elork.    tho 

pr<  Bident    or    president    pro   torn,    shall    appoint   one   of    the 

members    of    the    board    clerk    pro    dm. 

Rules. 

762.      The   board   of   trustors  shall   judge   of  the   quali- 
fications   of    its    members    and    of    all    oleetion    returns,    and 
rmine  contested  elections  of  all  city  officers.     They  may 
blisb    rubs    for    tho    eondnst    of    thrir    proceedings,    and 
punish    any     member,    or     i  n,    for    disorderly    be- 

havior at  any  meeting.     Thoy   shall   cause  the  clerk   to  keep 
rroct  journal  of  all  thoir  proceedings,  and,  at  the  desire 
..f   any    merab*  r.   shall   cause   the  ayes  and   noes  to  be   taken 
on    any    question,   and   entered   on    the   journal. 

Limitation    on    passage    of    ordinances. 

Roc  763.  No  resolution  granting  any  franchise,  and  no 
ordinance  for  any  purpose,  shall  be  passed  by  tho  board 
of  trustees  on  the  day  of  its  introduction,  nor  within  five 
days  thereafter,  nor  at  any  othet  than  a  regular  mooting, 
or  an  adjourned  regular  meeting,  and  no  such  resolution 
and  no  ordinance  granting  any  franchise  shall  be  passed 
without  being  first  submitted  to  the  city  attorney.  No  res- 
olution  or  ord.r   for  tho   payment  of  money  shall  be   p: 

>iv  other  than  a  regular  me.  ting,  or  an  adjourned  r*  g 
nlar  meeting,  and  no  resolution  or  ord.r  for  the  payment 
of  money,  no  resolution  granting  a  franchise,  and  no  or- 
dinance for  any  purpose,  shall  nave  any  validity  or  effect 
unless  passed  by  the  affirmative  vote  of  at  least  three 
trustees.  |  Lmendmenl  approved  March  19,  1889,  Stats. 
1889,   p.   389.     In   effect    immediately.] 


JT1  MUNICIPAL   CORPORATIONS.  Act  2348,  §  764 

Powers  of  board. 

Section  764.  The  board  of  trustees  of  such  city  shall 
have  power: 

1.  To  pass"  ordinances  not  in  conflict  with  the  constitution 
and  laws  of  this  state,  or  of  the  United  States. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  per- 
sonal property  as  may  be  necessary  or  proper  for  municipal 
purposes,  and  to  control,  dispose  of,  and  convey  the  same  for 
the  benefit  of  the  city;  provided,  that  they  shall  not  have 
any  power  to  sell  or  convey  any  portion  of  any  waterfront; 
but  may  rent  such  waterfront  for  a  term  not  exceeding 
ten  years  for  the  purpose  of  erecting  bath-houses  thereon. 

3.  To  contract  for  supplying  the  city  with  water  and  elec- 
tric or  other  lights  for  municipal  purposes;  to  purchase, 
lease,  or  construct  waterworks,  and  electric  plants,  subject 
to  the  proviso  in  this  subdivision  contained,  and  all  power, 
machinery,  conductors,  and  appliances  necessary  therefor, 
and  to  supply  said  city  with,  and  to  sell  to  the  inhabitants 
thereof,  water,  light,  heat  and  power;  provided,  that  no  such 
purchase  or  lease  shall  be  made  unless  the  question  of  ac- 
quiring such  property  is  submitted  to  the  voters  of  such 
eity  in  the  same  manner  as  other  propositions,  at  a  general 
or  special  municipal  election,  and  a  majority  of  the  electors, 
voting  at  such  election,  shall  vote  in  favor  of  such  propo- 
sition. 

4.  To  establish,  build  and  repair  bridges;  to  establish,  lay 
out,  alter,  keep  open,  open,  improve  and  repair  streets,  side- 
walks, alleys,  squares,  and  other  public  highways  and  places 
within  the  city,  and  to  drain,  sprinkle,  oil,  and  light  the 
same;  to  remove  all  obstructions  therefrom;  to  establish  the 
grades  thereof;  to  grade,  pave,  macadamize,  gravel  and 
curb  the  same  in  whole  or  in  part,  and  to  construct  gutters, 
culverts,  sidewalks,  and  crosswalks  therein,  or  upon  any 
part  thereof;  to  cause  to  be  planted,  set  out,  and  cultivated, 
shade  trees  therein;  and  generally  to  manage  and  control  all 
such  highways  and  places. 

5.  To  establish,  construct  and  maintain  drains  and  sew- 
ers, and  to  provide  by  ordinance  for  a  general  system  of 
sewers,  and  the  expense  of  building  and  maintaining  the 
same. 

6.  To  provide  fire  engines  and  all  other  necessary  or  proper 
apparatus  for  the  prevention  and  extinguishment  of  fires. 


Act  2348.  i  7M  MlNI<-irAT.   CORPORATIONS.  OT 

7.  To  impose  on  and  collect  from  every  male  inhabitant 
between  the  ages  of  twenty-one  and  sixty  years,  an  annual 
street  poll  tax,  not  exceeding  two  dollars,  and  no  other  road 
poll  tax  shall  be  within  t he  limits  of  such  city; 
provided,  that  any  ni.nil.tr  of  a  volunteer  fire  company  in 
such   city   shall    be   exempt    from    such    tax. 

8.  To  impose  and  collect  an  annual  license,  not  exceeding 
two  dollar!  un  every  dog  owned  or  harbored  within  the  lim- 
its of  the  city. 

0.  To  levy  and  collect  annually  a  property  tax,  which  shall 
be  apportioned  ;is  follows:  For  the  general  fund,  not  .\ 
ing  sixty  cents  on  each  one  hundred  dollars;  for  street 
fund,  not  exceeding  thirty  <•<  nts  <>n  each  one  hundred  dol- 
lars; for  school  fund,  not  exceeding  twi  tS  on 
each  one  hundred  dollan  .'. ■  r  fund,  not  exceeding  tin 
cents  on  each  one  hundred  dollars.  The  levy  for  all  pur- 
B  for  any  one  year  for  all  purposes  to  which  such  funds 
an  applicable  shall  not  one  ioUar  on  each  one  hun- 
dred dollars  ut'  the  assessed  value  of  all  r>  al  and  personal 
prop*  ity    within    such    city. 

in.  To  lin  n-i ,  for  purposes  of  regulation  and  revenue,  all 
and  evry   kind   of  I,   including  the   sale  of  intoxicat- 

ing liquors,   authorised   by   law    and   transacted   or   carried 
on  in  such  city,  and  all  shows,  exhibitions,  and  lawful  g 
carried     on      tin  r.  in;    to     fix    the    rates    of     lie.  use    upon    tie 
i  to   provide  for  the  collection  of  the  same  by  suit 
or   otherwise. 

11.  To  improve  the  rivers  and  streams  flowing  through 
such  City,  or  adjoining  the  same;  to  widen,  straighten,  and 
deepen  the  channels  thereof,  and  to  remove  obstructions 
therefrom;  to  improve  the  waterfront  of  the  city,  and  to 
construct  and  maintain  embankments  and  other  works  to 
protect  such  city  from  overflow. 

12.  To  erect  and  maintain  bail. lings  for  municipal  pur- 
poses. 

13.  To   permit,  under   such   restrictions   as   they   may 
proper,  the  lavil  •  of  railroad   tracks  and  the  running  of  cars 


873  MUNICIPAL   CORPORATIONS.  Act  2348,  §  TW 

drawn  by  horses,  steam,  electricity,  or  other  power  thereon, 
and  the  laying  of  gas  or  water  pipes  in  the  public  streets, 
and  to  construct  and  maintain,  and  to  permit  the  construc- 
tion and  maintenance  of  telegraph,  telephone,  and  electrie 
light  lines  therein. 

14.  In  its  discretion  to  divide  the  city,  by  ordinance,  into 
a  convenient  number  of  wards,  not  exceeding  five,  to  fix  the 
boundaries  thereof,  and  to  change  the  same  from  time  io 
time;  provided,  that  no  change  in  the  boundaries  of  an/ 
ward  shall  be  made  within  sixty  days  next  before  the  date 
of  said  general  municipal  election,  nor  within  twenty  months 
after  the  same  shall  have  been  established  or  altered. 
Whenever  such  city  shall  be  so  divided  into  wards,  the  board 
of  trustees  shall  designate  by  ordinance  the  number  of  trus- 
tees to  be  elected  from  each  ward,  apportioning  the  same 
in  proportion  to  the  population  of  such  ward;  and  thereafter 
the  trustees  so  designated  shall  be  elected  by  the  qualified 
electors  resident  in  such  ward,  or  by  the  general  vote  of  the 
whole  city,  as  may  be  designated  in  such  ordinance. 

15.  To  appoint  and  remove  such  policemen  and  such  other 
subordinate  officers  as  they  may  deem  proper,  and  to  fix 
their  duties  and  compensation. 

16.  To  impose  fines,  penalties,  and  forfeitures  for  any  and 
all  violations  of  ordinances,  and  for  any  breach  or  violation 
of  any  ordinance  to  fix  the  penalty  by  fine  or  imprisonment, 
or  both,  but  no  such  fine  shall  exceed  three  hundred  dollars, 
nor  the  term  of  such  imprisonment  exceed  three  months. 

17.  To  cause  all  persons  imprisoned  for  violation  of  any 
ordinance  to  labor  on  the  streets,  or  other  property  or  works 
within   the   city. 

18.  To  establish  fire  limits,  and  the  same  to  alter  at  pleas- 
ure* to  regulate  or  prevent  the  erection  of  wooden  or  other 
buildings  or  structures  of  combustible  materials;  to  regulate 
the  construction  of  all  buildings,  sheds,  awnings,  signs,  or 
any  structure  of  a  dangerous  or  unsafe  character;  to  provide, 
by  regulation,  for  the  prevention  and   summary  removal  of 


Act  2348,  §  J  765,  766     MUNICIPAL    CORPORATIOJfa  874 

all  filth  or  garbage  in  the  streets,  doughs,  alleys,  back  yards 
or  public  grounds  of  such  city,  or  elsewhere  therein;  to 
regulate  or  prohibit  the  storage  of  gunpowdei  and  combusti- 
ble or  explosive  materials  of  every  kind  and  nature  -within 
the  city  limits,  and  to  prescribe  the  limits  in  which  the  same 
may  be  kept  or  store  d. 

19.  To  do  and  perform  any  and  all  other  acts  and  things 
Mary  and  piopex  to  carry  out  the  provisions  of  this 
chapter,  and  to  exact  and  enforce  within  the  limits  of  such 
city  all  other  local,  police,  sanitary,  and  other  regulations 
as  do  not  conflict  with  general  laws.  [Amendment  ap- 
proved Itfarcl]  :t,  1905;  8tats.  L906,  p.  45.  In  effect  in 
Sixty    days.  J 

Sec.  765.     The   i  oacting  clause   of  all  ordinances  Bhall  b« 

follows:    "The   board   of   trustees   of   the   city   of  

do  ordain  as  follows."  Every  ordinance  shall  be  signed 
by  the  president  of  the  board  of  trustees,  attested  by  the 
clerk,  and  published  at  least  once  in  a  newspaper  published 
in  such  city,  or  printed  and  posted  in  at  least  three  public 
places  therein.  It  shall  not  be  necessary  in  any  action,  civil 
or  criminal,  to  plead  or  prove  the  organization  or  existence 
of  such  corporation,  nor  the  passage,  existence,  or  validity 
iv  ordinance  thereof;  and  courts  shall  take  judicial 
cognizance  thereof  without  proof.  [Amendment  approved 
March  19,  1SS9.  Stats.  1889,  p.  389.  In  effect  immedi- 
at«  ly.] 

Board    to   audit   demands. 

Sec.  766.  All  demands  against  such  city,  except  as 
otherwise  by  law  provided,  shall  be  presented  to  and 
audited  by  the  board  of  trustees,  in  accordance  with  such 
regulations  as  they  may  be  ordinance  prescribe;  and  upon 
the  allowance  of  any  such  demand,  the  president  of  the 
board  shall  draw  a  warrant  upon  the  treasurer  for  the 
same,  which  warrant  will  be  countersigned  by  the  clerk, 
and  shall  Bpccify  for  what  purpose  the  same  is  drawn, 
and   out   of   what    fund    it   is   to   be   paid.     [Amendment   ap- 


g75  MUNICIPAL    CORPORATIONS.     Act  234S,  §  §  767,  <6S 

proved  March   19,   1889.     Stats.    1889,  p.   389.     In   effect  im- 
mediately.] 

Indebtedness    not    to    exceed    moneys    provided. 

Sec.  767.  The  board  of  trustees  shall  not  create,  audit, 
allow,  or  permit  to  accrue  any  debt  or  liability  in  excess 
of  the  available  money  in  the  treasury  that  may  be  legally 
apportioned  and  appropriated  for  such  purposes,  except 
in  the  manner  provided  by  law  for  incurring  indebtedness; 
provided,  that  any  city  during  the  first  year  of  its  exist- 
ence under  this  act  may  incur  such  indebtedness  or  lia- 
bility as  may  be  necessary,  not  exceeding  in  all  the  income 
and  revenue  provided  for  it  for  such  year;  nor  shall  any 
warrant  be  drawn,  or  evidence  of  indebtedness  be  issued, 
unless  there  be  at  the  time  sufficient  money  in  the  treas- 
ury legally  applicable  to  the  payment  of  the  same,  except 
as  hereinbefore  provided.  [Amendment  approved  March  19, 
1889.     Stats.  1889,  p.  389.     In  effect  immediately.] 

Incurring  of   excess   decided    at   an    election. 

Sec.  768.  If  at  any  time  the  board  of  trustees  shall  deem 
it  necessary  to  incur  any  indebtedness  in  excess  of  the 
money  in  the  treasury  applicable  to  the  purposes  for 
which  such  indebtedness  is  to  be  incurred,  they  shall  give 
notiee  of  a  special  election  by  the  qualified  electors  of  the 
city,  to  be  held  to  determine  whether  such  indebtedness  shall 
be  incurred.  Such  notice  shall  specify  the  amount  of  in- 
debtedness proposed  to  be  incurred;  the  purpose  or  purposes 
if  the  question  of  indebtedness  for  more  than  one  purpose 
proposed  of  the  same,  and  the  amount  of  money  necessary 
to  be  raised  annually  by  taxation  for  an  interest  and  sink- 
ing fund  as  hereinafter  provided;  provided,  that  such  in- 
terest shall  not  be  in  excess  of  seven  per  cent  per  annum. 
Such  notice  shall  be  published  for  at  least  two  weeks  in 
some  newspaper  published  in  such  city,  and  no  other  ques- 
tion or  matter  shall  be  submitted  to  the  electors  at  such  elec- 
tion. If,  upon  the  canvass  of  the  votes  cast  at  such  election, 
it  appears  that  not  less  than  two-thirds  of  all  the  qualified 


Act  CI:1?,  §  768  MUNICIPAL  CORPORATIONS).  87« 

<  lectors  voting  at  such  election  shall  have  votoil  in  favor 
of  incurring  such  Indebtedness,  it  shall  be  the  duty  of  the 
board  of  trasteee  to  pass  an  ordinance  providing  for  the 
mode  of  creating  Buch  indebtedness  and  of  paying  the  same; 
and  in  Mich  ordinance  provision  shall  be  made  for  the  levy 
and  collection  of  an  annual  tax  upon  all  the  real  and  per- 
sonal property  subject  to  taxation  within  such  city,  mrffi- 
cient  to  pay  the  interest  on  such  indebtedness  as  it  falls 
due;  and  also,  to  constitute  a  staking  fund  for  the  payment 

01  the  principal  thereof  within  a  period  of  not  mure  than 
twi  i  from   the   time  of  contracting  of  the  same.      It 

shall  be  the  duty  of  the  board  of  trustees,  in  each  year  there- 
after, at  the  time  at  which  taxes  are  levied,  to  levy  a  tax 
sufficient  for  such  purposes  in  addition  to  the  taxes  by  this 
oaapter  authorized  to  be  levied.    Bach  tax  when  collected 

shall  be  kept  is  thfl  treasnrj  M  ■  separate  fund,  or  funds, 
in    ease    indebtedness    be    incurred    for    different    purposes,    to 

be  inviolably  appropriated  to  the  payment  of  the  principal 
and   interesl   of  such  indebtedness.     [Amendment   approved 

...arch   19,   1889,     Stats.  1389,  p.  371.     In  effect  immediately.] 

At   thl.  s:,  D   there  was  another  amendment  of  sec- 

tion  7GS,  as  follows: 
Incurring  of  badebtedaess   to   b<    decided  at  an  election. 

If  at  any  time  the  board  of  trustees  shall  deem 
it  necessary  to  incur  any  Indebtedness  in  i 
in  the  treasury  applicable   to  the  purposes  for  which  such 
indebtedness  is  to  be  incurred,  they  shall  givi  l,f  a 

special  election  by  the  qualified  electors  of  the  city,  to  be 
l,,l,l  to  determine  whether  Bueh  indebtedness  shall  be  in- 
(.tirri,,  -hall  specify   the  amount  of  lndel 

ness  proposed  to  be  incurred,  the  purpose  or  purpoeee  (11  the 
question  of  indebtedness  for  more  than  on.  purpose  be  pro- 
posed) of  the  Bame,  and  the  amount  of  money  aeeessar;  to 
1„  raised  annually  by  taxation  for  an  interest  and  sinking 
f(1Iltl  ,,,,.  ,..„.„  purpose,  aa  hereinafter  provided.  Bach  no- 
tice shall  be  published  for  at  least  two  weeks  in  some  news- 


S7T  MUNICIPAL   CORPORATIONS.  Act  2348,  §  769 

paper  published  and  circulated  in  such  city;  and  no  other 
question  or  matter  shall  be  submitted  to  the  electors  at  such 
election.  If,  upon  a  canvass  of  the  votes  cast  at  such  elec- 
tion, it  appears  that  not  less  than  two-thirds  of  all  the  qual- 
ified electors  voting  at  such  election,  or  if  more  than  one 
proposition  is  submitted,  voting  on  such  proposition,  shall 
have  voted  in  favor  of  incurring  such  indebtedness,  it  shall 
be  the  duty  of  the  board  of  trustees  to  pass  an  ordinance 
providing  for  the  work  of  creating  such  indebtedness  and 
of  paying  the  same;  and  in  such  ordinance  provision  shall 
be  made  for  the  levy  and  collection  of  an  annual  tax  upon 
all  the  real  and  personal  property  subject  to  taxation  within 
such  city,  sufficient  to  pay  the  interest  on  such  indebtedness 
as  it  falls  due;  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof  within  a  period  of  not 
more  than  twenty  years  from  the  time  of  contracting  the 
same.  It  shall  be  the  duty  of  the  board  of  trustees  in  each 
year  thereafter,  at  the  time  at  which  other  taxes  are  levied, 
to  levy  a  tax  sufficient  for  such  purposes  in  addition  to  the 
taxes  by  this  chapter  authorized  to  be  levied.  Such  tax, 
when  collected,  shall  be  kept  in  the  treasury  as  a  separate 
fund,  or  funded  if  indebtedness  be  incurred  for  different 
purposes,  to  be  inviolably  appropriated  to  the  payment  of 
the  principal  and  interest  of  such  indebtedness.  [Amend- 
ment approved  March  19,  1889.  Stats.  1889,  p.  397.  In  ef- 
fect immediately.] 

Imprisonment. 

Sec.  769.  The  violation  of  any  ordinance  of  such  city 
shall  be  deemed  a  misdemeanor,  and  may  be  prosecuted  by 
the  authorities  of  such  city  in  the  name  of  the  people  of  the 
State  of  Cabfornia,  or  may  be  redressed  by  civil  action,  at 
the  option  of  said  authorities.  Any  person  sentenced  to  im- 
prisonment for  the  violation  of  an  ordinance  may  be  impris- 
oned in  the  city  jail,  or,  if  the  board  of  trustees  shall  by 
ordinance  so  prescribed,  in  the  county  jail  of  the  county  in 
which  such  city  may  be  situated;  in  which  case  the  expense 
of  such  imprisonment   shall    be    a    charge    in   favor   of   such 


A.t  234?.   §5  770.  771     MI'XICIPAL    CORPOHATIOXS  87S 

county  against   such  city.     [Amendment  approved  March  7, 

1905;   State.  1905,  p.   72.     In  effect   in  sixty  .l:iys.] 

Nuisances. 

Every  act  or  thin;;  done  or  being  done  with  the 
limits  of  such  city,  which  is  or  may  1"-  declared  by  law  or 
by  any  ordinance  of  such  city  to  be  a  nuisance,  shall  be  and 
is  aereby  declared  to  be  a  nuis:.  hall  be  considered 

and  treated  as  SUCb  in  all  actions  and  proceedings  whatcv.  r; 
and  all  remedies  which  are  or  may  be  Kr'v,,n  by  law  for  the 
prevention  and  abatement  of  nuisances  shall  apply  thereto. 

Repairs  assessed  on  fronting  property. 

Sec.  771.  The  board  of  tm-f'-s  ate  aereby  authorised 
and  empowered  to  order  any  work  authorized  by  this  chap- 
ter to  be  done  upon  tli'  avenues,  highways,  and  pub- 
lic places  of  such  city.  ase  LnAurred  there- 
for shall  be  paid  as  follows,  to  wit:  i  is  01  cost  of 
improving  and  repairing  streets,  sidewalks,  alleys,  squares, 
and  other  public  highways  and  places  within  the  city,  re- 
moving obstructions  therefrom;  grading,  paving,  maeadatssix- 
graveling   and    curbing    the    same,   and    constructing    gut- 

and  sidewalks  therein,  shall   It  apon 

the  lots  and  lands  fronting  thereon,  each  lot  or  portion  of  a 
lot  b  rately  assessed  for  the  full  debt  thereof  in  pro- 

portion to  the  benefits  upon  the  property  to  be  benefited, 
sufficient  to  cover  the  total  expense  of  the  work  to  the  cen- 
ter of  the  street  on  which  it  fronts,  that  the  board  of  trus- 
ad  from  the  general  fund  lor  said  purposes  a 
sum  not  exceeding   on.'    hundred    dollars  on    any   one   street    in 

any  one  year.  The  expense  of  all  improvements  in  the  space 
formed  by  the  junction  of  two  or  more  strtus.  ,.r  \\ 
one  main  street  terminates  in  or  crosses  another  main  st  r.  •  t. 
and  also  all  iocs~.iry  Btreet-CTOBSingS,  or  SlUBSIMJB  at  cor- 
ners or  intersection  of  streets,  and  tl  -iish- 
Ing,  building  and  repairing  bridge  s  in  such  city,  shall  be   paid 

by  su.h  city.  The  expense  incurred  in  making  and  repairing 
sewers  in  any  streets  shall  be   paid,  one-fourth  by  the  owner 


87*  MUNICIPAL   CORPORATIONS.  Act  234S,  §  771 

of  the  lands  on  one  side  of  said  street,  one-fourth  by  the 
owner  of  the  land  on  the  other  side  of  said  street,  and 
one-half  by  the  city  out  of  the  sewer  fund.  In  all  the  streets 
constituting  the  water-front  of  such  city,  or  bounded  on  the 
one  side  by  the  property  thereof,  the  expense  of  work  done 
on  that  portion  of  said  streets,  from  the  center  line  thereof 
to  the  said  water-front,  or  to  such  property  of  the  city 
bounded  thereon,  shall  be  paid  for  by  such  city;  but  no  con- 
tract for  any  such  work  shall  be  given,  except  to  the  lowest 
responsible  bidder,  and  in  the  manner  hereinafter  provided. 
When  any  work  or  improvements  mentioned  in  this  section 
is  done  or  made  on  one  side  of  the  center  line  of  said  streets, 
avenues,  or  public  highways,  the  lots  or  portions  of  lots  front- 
ing on  that  side  only  shall  be  assessed  to  cover  the  expenses 
of  said  work,  according  to  the  provisions  of  this  chapter. 
Whenever  any  expenses  or  cost  of  work  shall  have  been  as- 
sessed on  any  lands,  the  amount  of  said  expenses  shall  be- 
come a  lien  upon  said  lands,  which  shall  take  precedence  of 
all  other  liens,  and  which  may  be  foreclosed  in  accordance 
with  the  provisions  of  the  Code  of  Civil  Procedure.  Said 
suit  shall  be  in  the  name  of  the  city  of  (naming  it),  as  plain- 
tiff. Upon  the  filing  of  a  complaint  in  the  superior  court  to 
enforce  a  lien  of  any  kind  hereon,  the  plaintiff  shall  be  enti- 
tled, if  a  recovery  is  had  or  the  money  is  paid,  to  include 
as  costs  the  sum  of  twenty-five  dollars  as  attorney 's  fees. 

Right  of  way. 

Sec.  772.  Whenever  it  shall  become  necessary  for  the  city 
to  take  or  damage  private  property  for  the  purpose  of  es- 
tablishing, laying  out,  extending  and  widening  streets  and 
other  public  highways  and  places  within  the  city,  or  for  the 
purpose  of  rights  of  way  for  drains,  sewers  and  aqueducts, 
and  for  the  purpose  of  widening,  straightening,  or  diverting 
the  channels  of  streams,  and  the  improvements  of  water- 
fronts, and  the  board  of  trustees  cannot  agree  with  the  owner 
thereof  as  to  the  price  to  be  paid,  the  trustees  may  direct 
proceedings  to  be  taken  under  section  twelve  hundred  and 
thirty-seven,  and  following  sections,  to  and  including  section 


Act  »«.  J  J  TO.  TO    IfUNlCIPAL    CORPORATIONS.  880 

twelve  hundred    and   sixty  three   »f   the   Code  of  Civil  Proce- 
dure, to  pTDOnre   the  same. 

City  tax  1 

SectioD   773.      Tin-  board   of  trustors  shall    have  the    power, 
and  it  shall  bo  their  duty,  to   provide  by  ordin  . 
In   the  assessment,  \<  ry  and  aolleetioi  of  all  eity   taxes  not  in- 
consistent  with    the    provisions    of    this    chapter.      All    * 
shall  be  collected  by  the  marshal  or  treasurer,  as  may  be  de- 
termined by  I  ordinance,     All  I 

her    with    any    percentage     impose, 1    for    delin- 
quency and  the  costs  of  col  -    ill  constitute  in  ns  on 
the  property  asseseed;  every  tax  upon  the  personal  property 
shall  be  a  lien  upon  the  rial  property  of  the  owner  thereof. 
The  liens  prorided  for  iu  this  eectioo  shall  attach  as  of  the 
lay  in  March  of  each  rood 
by  a  sale  of  th<   real  property  affected,  and  the  execution 
delivery  of  all  nec<                                      deeds  therefor,  un- 
der  Buch  regalations  as  may  b<                    1  by  ordinance,  or 
by  action  in  any  i-oiirt  of  competent  jurisdiction  to  foreclose 
such  li'iis;  provided,  that  any  property  sold  for  such  ta 
shall  be  Bubjt                  emption   within   li .                 and   upon 
the  terms  provided  or  that  may   hereafter  be   provided  for 
the  redemption   of   property   sohl    for 
made  upon  any  sale  of  property   for  taxes  or  special  set 
ments  under  the   provisions  ^\'   this  chapter  shall   have   the 
same  force  and  effeel   in  evident                 :   nay  hereafter  be 
provided  by  law  for  deeds  for  property  sold  for  nonpayment 

[Amendment   approved    March  8,   1'JU.J;   Stats. 
ffect  in  sixty  days.] 

Equalization. 

Sec.   77  1.      The  board  of  trustees  shall   meet  at  their  usual 
pis  ••   of  holding  n  the  second  Moi  day  of  August 

at   ten  o'clock  in  the  for.  noon  of  said  day,  an<l 
sit  as  ■   hoard   of   oqua  nd    shall    i 

from  day  to  day    until   all   the   returns   of   tin  have 

been  rectified.     They   shall   hav<    power   I  ■      tmplainta, 


SSI  MUNICIPAL    CORPORATIONS.     Act  234S,  §  §  775.  776 

and  to  correct,  modify  or  strike  out  any  assessment  made 
by  the  assessor,  and  may,  of  their  own  motion,  raise  any  as- 
sessment, upon  notice  to  the  party  whose  assessment  is  to 
be  raised,  The  corrected  list  for  each  tax  shall  be  the  as- 
sessment roll  for  said  tax  for  said  year.  It  shall  be  certified 
by  the  city  clerk,  who  shall  act  as  clerk  of  the  board  of  equal- 
ization, as  being  the  assessment  roll  for  said  tax,  and  shall 
be  the  assessment  roll  upon  which  such  tax  is  to  be  levied 
in  said  year. 

Construction  of  act. 

Sec.  775.  Nothing  in  this  chapter  contained  shall  be  con- 
strued to  prevent  any  city  having  a  bonded  indebtedness, 
contracted  under  laws  heretofore  passed,  from  levying  and 
collecting  such  taxes  for  the  payment  of  such  indebtedness, 
and  the  interest  thereon,  as  are  provided  for  in  such  laws,  in 
addition  to  the  taxes  herein  authorized  to  be  levied  and  col- 
lected; nor  to  prevent  any- city  from  levying  and  collecting 
the  tax  authorized  by  the  act  entitled  "An  act  to  establish 
free  public  libraries  and  reading-rooms,"  approved  April 
twenty-sixth,  eighteen  hundred  and  eighty,  in  addition  to 
the  taxes  herein  authorized  to  be  levied  and  collected.  All 
moneys  received  from  licenses,  street  poll-tax,  and  from  fines, 
penalties  and  forfeitures,  shall  be  paid  into  the  general  fund. 

Water-front  fund. 

Sec.  776.  The  board  of  trustees  may  also  levy,  and  cause 
to  be  collected  in  each  year,  in  addition  to  the  taxes  herein 
authorized  to  be  levied  and  collected,  a  tax,  not  exceeding 
ten  cents  on  each  hundred  dollars  of  the  assessed  value  of 
all  real  and  personal  property  within  such  city  subject  to 
taxation,  the  proceeds  of  which  tax  shall  be  known  as  the 
"Eiver  and  Water-front  Improvement  Fund, "  and  shall  be 
applied  to  the  improvement  of  streams,  bays  and  water- 
fronts, and  the  erection  of  embankments  and  other  works 
to  protect  the  city  from  overflow,  and  for  no  other  purposes 
whatever. 

Gen.  Laws— 56 


MUNICIPAL    CORPOIt  \TIONS.  BJ 

Publi  eted  for. 

fa    t  >>.    erection,  improvement  and  repair  of  all 

public    buildings    and    works,    in    rill    str>-.t    and  sower    work, 

and    in   nil    work    in    or   abOtlt    Btn  :inn,    bays,    or  water-fronts, 

or  in  i»r  about  embankmenl  t  works  for  protection 

•  rfiow,  :iiicl  in  furnishing  any  supplies  or  materials 
for  the  same.  When  the  expenditure  required  for  the  same 
i  one  handled  dollars,  |he  same  shall  be 
done  by  contract,  and  shall  be  let  to  the  lowest  responsible 
bidder,  after  notice  by  publication  in  a  newspaper  of  gen- 
eral circulation    printed    and    published    in    such    city,    for   at 

least  be  no  n<  wspapet  printed  or  pub- 

i   therein,   by   printing   and   posting   the   same    in    at    least 

four  public  plac<  a  therein  for  the  name  p<  rind.  Such  notice 
shall  distinctly  and  specifloally  state  the  work  contemplate. i 
to  !■•  ••  led,   that  the   board  of   trustees  may   r. 

any   and   all    bids    presented,   and    r<  advertise,   in    tlieir  di 
tion.     Tl  ]  shrill  annually,  at  a  Stated   time, 

contract  for  doing  all  city  printing  and  advertising,    which 

contract    shall    be    let    to    the    lowest    bidder,    after    notice,    as 
provided   in   this    section,    and    the    contract    therefor    sha 
awarded    separately    from    all    other    printing.      [Amendment 
approved  March  10,  ls'.n.    B  Jtl,  p.  54.] 

Powers  of  president. 

Bee.  77-.  Ti  •  president  of  the  board  of  trustees  shall  pre- 
side over  all  meetings  of  the  board  at  which  he  is  pr.  s.  nt. 
In  his  absence  a  pr.  sident  pro  tern,  may  be  chosen.  The 
pi.  sident,  and   in   his  abet  nee   the   president   pro  tern.,  shall 

Sign  all  Warrants  drawn  on  the  City  treasurer,  and,  unl  ss 
Otherwise  provided    by   said   board,  shall   sign   all   written   eou- 

ta  entered  into  by  said  city,  as  such  president  <>r  pr.  si- 
dent pro  tem.  The  authority  and  power  of  the  presid.  nt 
pro  tern,  shall  continue  only  during  the  day  on  which  he  is 
chosen.  The  president  and  president  pro  tern,  shall  have 
power  to  administer  oaths  and  affirmations,  and  take  arliria- 

vitg  ,,.i  certify  the  same  under  tlo  ir  hands.  The  pr<  sident 
or  presidi  nt  pro  tem.  shall  sign  all  conveyances  made  by  said 


883  MUNICIPAL    CORPORATIONS.     Act  2348,  §§  786,  787 

city,  and  all  instruments  which  shall  require  the  seal  of  the 
city.  The  president  is  authorized  to  acknowledge  the  exe- 
cution of  all  instruments  executed  by  said  city  that  require 
to  be  acknowledged.  He  shall  have  power  to  administer 
oaths  and  affirmations  concerning  any  demand  upon  the  treas- 
ury, and  in  all  matters  relating  to  the  duties  of  the  board  of 
trustees,  and  to  witnesses  examined  in  any  investigation  had 
by  said  board,  or  by  any  committee  thereof  duly  authorized 
to  make  such  investigation.  Said  president  may  issue  sub- 
poenas under  his  hand  and  the  seal  of  such  city,  attested 
by  the  city  clerk  to  compel  the  attendance  of  witnesses  be- 
fore such  board  of  trustees  or  committee  thereof.  [Amend- 
ment approved  March  19,  1889.  Stats.  1889,  p.  389.  In  ef- 
fect immediately.] 

Article    IV. — Executive    Department. 
Treasurer. 

Sec.  786.  It  shall  be  the  duty  of  the  treasurer  to  receive 
aDd  safely  keep  all  moneys  which  shall  come  into  his  hands 
as  city  treasurer,  for  all  of  which  he  shall  give  duplicate  re- 
ceipts, one  of  which  shall  be  filed  with  the  city  clerk.  He 
shall  pay  out  said  money  on  warrants  signed  by  the  proper 
officers,  and  not  otherwise,  except  interest  coupons  on  bonds. 
He  shall  make  quarterly  settlements  with  the  city  clerk. 
He  shall  collect  all  taxes  levied  by  the  board  of  trustees,  if 
so  required  by  ordinance.  [Amendment  approved  March  19, 
1889.     Stats.-  1889,  p.  389.     In  effect  immediately.] 

Assessor. 

Sec.  787.  It  shall  be  the  duty  of  the  assessor,  between 
the  first  day  of  May  and  the  first  day  of  August  in  each  year, 
to  make  out  a  true  list  of  all  the  taxable  property  within 
the  city.  The  mode  of  making  out  of  said  list,  and  proceed- 
ings relating  thereto,  shall  be  in  conformity  with  laws  now 
in  force  regulating  county  assessors,  except  as  the  same  may 
be  otherwise  provided  in  this  act,  or  by  ordinance.  Said  list 
shall  describe  the  property  assessed  and  the  value  thereof, 
and  shall  contain  all  other  matters  required  to  be  stated  in 
such  lists  by   county    assessors.     Said    assessor    shall    verify 


MUNICIPAL  roRPORATIONS.  8M 

;h.    and    shall    deposit   the    samo    with    the 

•;r-r   Monday  of  August   in  i 
r  shall.  <l  time,  also   mvke  a   list 

of   all    mi  iding    within    the    limits    of    such    city 

over  f  •  of  twenty-one  yean,  and  shall  verify  sa i ■  I  list 
by  l  shall,  on  or  1m  fore  the  first  Monday  .>t'  An- 

ne with,  ti.'  rk.     Said 

and   his   deputy   shall    have    power   to    admimst.  r   all 
oaths  and  affirmations   i  in   the  perfofmani 

duties. 

(ify  clerk,  duties  ot. 

i.     It  shall  b     the  duty  of  the  city  el-rk   to  keep  a 
full  and  true  r  all  the  proceedings  of  the  board  of 

true!  rd  of  equalization.     !Th<    proceeding! 

of  <:  s   shall    be   kept    in   a   book,    marked 

'•!.''      rds  of  the    Board   of  Trustees."     The   pro lings  of 

the  board  of  •  on  shall  be  k<  pt  in  a  separate  book, 

mar'  r  1  of  Eqnalisatii  a.  "     Be  shall 

which  shall   be   m  Ity   Accounts,"  in 

b  shall  be  entered  as  a  credit  all  m  i  Ived   by 

the   city   for    \  the    amount    of   any    tax    when    levied, 

and    all   othi  r    moi  md    in    which    shall    be    en- 

!  ti poii  the   deb  ill   commissions  deducted,   and    all 

warrants  ,lr:iwn  on  the  treasury.  He  shall  also  keep  a  book, 
marked    "Marshal1  irit,"    in    which    he    shall    charge 

the  city  marshal  with  all  the  tax  lists,  if  any.  delivered  to 
him,  and  all  lie.  H-.  s  delivered  to  him,     He  shall  credit  the 

marshal  with  the  delinquent   lists  return. d  by   him.      He  shall 

also  keep  a  book,  marked  "Tr<  Account,"  in  which 

he  shall  keep  a   full   account  of   the   transactions  of   the 
■uitu    the  Bhall    also     keep    a    book,     marked 

in  which  he  shall  enter  all  licensi  n  deli\  en  1 
by   him   to   thl  .   and    the    amount    thereof.      He    shall 

also  keep  a  book,  marked  "City  Ordinances/'  into  which 
he  shall  copy  all  city  ordinances,  with  his  certificate  aim.  \    1 

ing   ordinance   is   a   true   and 
eorr.  of    an    ordinal.  md    giving    the 


885  MUNICIPAL,    CORPORATIONS.  Act  2J48,  §  788 

number  and  title  or  said  ordinance,  and  stating  that  the  same 
has  been  published  or  posted  according  to  law.  Said  record 
copy,  with  said  certificate,  or  the  original  ordinance,  shall 
be  prima  facie  evidence  of  the  contents  of  the  ordinance  and 
of  the  due  passage  and  publication  of  the  same,  and  shall 
be  admissible  as  such  evidence  in  any  court  or  proceeding. 
Said  records  shall  not  be  filed  in  any  case,  but  shall  be  re- 
turned to  the  custody  of  the  city  clerk.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  proof  of  the  passage 
and  publication  of  ordinances  in  the  usual  way.  Each  of 
the  foregoing  books,  except  the  records  of  the  board  of  trus- 
tees and  the  board  of  equalization,  shall  have  a  general  in- 
dex,  sufficiently  comprehensive  to  enable  a  person  readily  to 
ascertain  matters  contained  therein.  The  city  clerk  shall  also 
keep  a  book,  marked  "Demands  and  Warrants,"  in  which 
he  shall  note  every  demand  against  the  city,  and  file  the 
same.  He  shall  state  therein,  under  the  note  of  the  demands, 
the  final  disposition  made  of  the  same;  and  if  the  same  is 
allowed  and  a  warrant  is  drawn,  he  shall  also  state  the  num- 
ber of  the  warrant,  with  sufficient  dates.  This  book  shall 
contain  an  index,  in  which  reference  shall  be  made  to  each 
demand.  Upon  the  completion  of  the  assessment  roll  for 
any  of  the  taxes  of  the  city,  and  levying  of  the  tax  thereon, 
the  city  clerk  shall  apportion  the  taxes  upon  such  assess- 
ment roll,  and  shall  deliver  it  to  the  officer  charged  with  the 
duty  of  collecting  taxes.  It  shall  not  be  necessary  to  make 
a  duplicate  assessment  roll.  He  may  appoint  a  deputy,  for 
whose  acts  he  and  his  bondsmen  shall  be  responsible;  and 
he  and  his  deputy  shall  have  power  to  administer  oaths  and 
affirmations,  to  take  affidavits  and  depositions  to  be  used  in 
any  court  or  proceedings  in  the  state,  and  to  certify  the  same. 
He  and  his  deputies  shall  take  all  necessary  affidavits  to  de- 
mands against  the  city  without  charge.  He  shall  be  the 
custodian  of  the  seal  r?  such  city.  He  shall  make  a  quar- 
terly statement,  in  writing,  showing  the  receipts  and  ex- 
penditures of  the  city  for  the  preceding  quarter,  and  the 
amount  remaining  in  the  treasury.  He  shall,  at  the  end  of 
every  fiscal  year,  make  a  full  and  detailed  statement  of  the 


Act  2S48.   {I  7S9,  TM    MUNICIPAL    CORPORATIONS.  886 

saw ipts  and  expenditures  of  the  preceding  year,  ami  a  full 

•  f m  nt    of    the    financial    condition    of    the    affairs    ol    the 

city,  which  Bhall  be  published,     He  shall  pi  rfbrm  such  other 

is  tliis  act  and  the  ordinances  of  the  board  of  trus- 

shall  require.     [Amendment  approved  March  19,  1889. 

Stats.     lss;t,    p.    3S9.      lu    effect    immediately.] 

City  attori 

• .'.  It  shall  be  the  duty  of  tlie  city  attorney  to  ad- 
vise tin-  eity  authorities  and  officers  in  all  legal  matters  per- 
taining to  the  bnsii  ad  to  render  such  other 
in  the  line  of  his  profession  as  may  be  required  of 
iiini  l>v  the  board  ef  trustees.  [Amendment  approved  March 
19,  1889.     Stats.   1880,  p.  389.     In  effect   imm. diately.] 

Police  department  ander  control  of  city  marshal. 

6.  790.  The  department  of  police  of  said  city  shall  be 
under  the  direction  and  control  of  the  eity  marshal;  and  ror 

the  suppression  of  any  riot,  public  tumult,  disturbance  of  the 
nst  the  laws  or  public  authorities  In 
the  lawful  exercise  ef  their  functions,  he  shall  have  the  pow- 
an  that  arr  nmv  or  may  hereafter  be  conferred  upon  sheriffs 
by  the  laws  of  the  state,  and  shall,  in  all  respects,  be  entitled 
to    the    same    protection;    and      his     lawful     orders     shall      be 

promptly  executed  by  deputies,  poHee  officers  and  watchmen 

ltd  eity,  and  every  Citizen  shall  also  lend  him  aid,  when 
required,  tor  the  ai  "d  maintenance  of   pub- 

lie  order.     Ee  shall  and  is  hereby  authori  and 

rn  all  process  issued  and  directed  to  him  by  any  legal 
authority.  It  shall  be  his  duty  to  prosecute  before  the  re- 
corder all  breaches  or  violations  of  or  non-compliance  with 
any  city  ordinance  which  shall  come  to  his  knowledge.  Jlo 
shall  collect  all  taxes  levied  by  the  board  of  trustees,  except 

as    is    herein    provided.      He    shall,    at    the    expiration    of    any 

month,  pay  to  the  eity  treasurer  all  taxes  and  ether  funds  of 

said  city  collected  1;    him  during  said. month.      He  shall,  upon 

payment  of  the   money,  fill    with  the   treasurer  an  affidavit, 

stating  that  tie    money  so   paid   is  all   the  taxes  or  funds  that 

he  lias  collected  or  received]  during  the  preceding  month.  He 
shall,  upon  the  receipt  of  any  tax  list,  give  his  receipt  tor  the 
>:1iik    to    •  I    shall,    up   a    depositing    with    the 

city  clerk  the  delinquent  tax  list,  take  his  receipt  th<  n 
He  shall  receive   from   the  clerk  all  city  licenses  and  collect 
the  same,     lie  shall  have  sharge  of  the  city  prison  and  pris- 
oners, and  of  any    chain-gang    which    may  lished    by 
the  board  of  trustees,     i  ■    Bhall,  for  Bervice  ol 
receive  the  same    fees   M   CO                       He    may   appoint,  sub- 


887  MUNICIPAL    CORPORATIONS.    Act  2348,  5§  791-7W 

ject  to  the  approval  of  the  board  of  trustees,  one  or  more 
deputies,  for  whose  acts  he  and  his  bondsmen  shall  be  respon- 
sible, whose  only  compensation  shall  be  fees  for  the  service 
of  process,  which  shall  be  the  same  as  those  allowed  to  the 
city  marshal.  He  may  also,  with  the  concurrence  of  the  pres- 
ident of  the  board  of  trustees,  when  the  same  may  be  by 
them  deemed  necessary  for  the  preservation  of  public  ord'r, 
appoint  additional  policemen,  who  shall  discharge  the  duties 
assigned  them  for  one  day  only.  He  shall  perform  such  other 
services  as  this  act  and  the  ordinances  of  the  board  of  trus- 
tees shall  require,  and  shall  receive  such  compensation  from 
the  city  as  shall  be  fixed  by  ordinance,  in  addition  to  such 
mileage  and  fees  as  he  shall  receive  in  the  service  of  process 
of  the  courts  of  this  state,  other  than  the  recorder's  court  of 
such  city,  which  mileage  and  fees  shall  be  the  same  as  is  al- 
lowed by  law  to  constables  in  the  county  in  which  such  city 
is  situated.  [Amendment  approved  March  23,  1893.  Stats. 
1893,  p.  299.] 

Board  to  fix  compensation. 

Sec.  791.  The  board  of  trustees  shall,  by  ordinances  not 
inconsistent  with  the  provisions  of  this  chapter,  prescribe 
the  additional  duties  of  all  officers,  and  fix  their  compensa- 
tion. 

Article  V. — School  Department. 

School  district. 

Sec.  795.  From  and  after  the  organization  of  each  of  such 
cities,  the  same  shall  constitute  a  separate  school  district, 
which  shall  be  governed  by  the  board  of  education  of  such 
city;  provided  the  board  of  supervisors  may  include  more 
territory  in  such  school  district  than  that  included  in  such 
city,  and  that  in  that  case  such  outside  territory  shall  be 
deemed  a  part  of  such  city  for  the  purpose  of  holding  the 
general  municipal  election,  and  shall  be  an  election  precinct 
by  itself  and  its  qualified  electors  shall  vote  only  for  the 
board  of  education,  and  said  outside  territory  shall  be  deemed 
to  be  a  part  of  said  city  for  all  matters  connected  with  the 
school  department,  and  the  annual  levying  and  collecting  of 
the  property  tax  for  the  school  fund.  [Amendment  approved 
March  10,  1891.     Stats  1S91,  p.  28.] 

Vacancy  in  board. 

Sec.  796.  In  case  a  vacancy  shall  occur  in  the  office  of 
school  director,  the  board  of  education  shall  choose  a  person 
to  fill  such  vacancy,  who  shall  serve  until  the  next  election, 
when,  if  the  term  does  not  then  expire,  a  person  shall  be 
elected  to  serve  for  the  remainder  of  such  unexpired  term. 


Act  234S.  5  5  737.  7.S     MUNICXJPJLL    COIU'OUAT.  888 

Me.  ti 

!    mrct  on    the   sec- 
ond T  ral  municipal  election,  and  choose 

|]  appoint 
tary,  who  shall  hold  at  i  board.     The  reg- 

nlar  i  (ball  thereafter  be  held  aa  often 

as  oi  b  month,  in  the  place  provided  for  the  board 

of  tr  ad  the  time  for  holding  inch  meetings  Bhall  be 

Sp<  cial   me<  t  inga  oi   - 
board  mi  I  when  called  by  written  notice,  Bigned  by 

its  presid(  nt.  -.  .ui.l  delivered  person- 

ally   '  Who    shall    not    have    signed    the 

■ .  i  q  torum,  and  no  busi- 

by  said  board  oi  education  without 

Its  no  mliiTs;  but  a  majority  of 

may  adjourn   from   time 

to  time.     All  the  meet!  1  hoard  of  education  shall 

be  public,  and  ful  -hall  !><■  kept 

by  i  Aid  hoard.    The  members  of  the  hoard  oi 

.tion  shall    r<  i  ligation  for  thei  • 

Iment   approved  March  7,    1891. 
L891,  p.   ill.] 

•'  board* 

;on   shall  have  power: 

1.  To  eetabriah  and  maintain  public,  primary,  kindergarten, 
grammar,  and  and,  to  a   bdivide   the  school 

and  to  ii x  and  alter  the  boundaries  of  such  divi- 
sions. 

2.  To    employ     and     dismiss    a    superintendent    of    schools, 

tors,  tru ant-officers,  and  Bcbool-eensus  marshals, 

i,,   Bx)  alti  r.   allow   and    order   paid    their  salaries   or   COm- 

1  to  employ  a  ich  mechanics  and  labor- 

to  carry  into  effect  the  powers  hereby 
rred. 

3.  To  make,  establish,  and  enforce  all  necessary  or  proper 
rules  and  regulations,  not  in  conflict  with  the  laws  of  this 
Bfcat(  ament  and  management  of  public  schools 

;M  such  city,  i1  thereof,  and  the  pupils  therein, 

and  for  carrying  into  effeel  the  laws  relating  to  education, 

i  provide  for  the  school  department  of  such  city,  fuel 
and   lights,  water,  printing,  and  stationery,  and  to  incur  such 

Other  incidental  expenses  as  may  be  deemed  m Cessary  by  sai.l 
board. 


885  MUNICIPAL  CORPORATIONS.  Act  2848,  §  7'JS 

5.  To  build,  alter,  repair,  rent  and  provide  school-houses, 
and  to  furnish  the  same  with  proper  school  furniture,  appa- 
ratus and  appliances,  and  to  insure  any  and  all  school  prop- 
erty. 

6.  To  purchase,  receive,  lease  and  hold  in  fee,  in  trust  for 
such  city,  any  real  estate  and  personal  property  that  may 
have  been  acquired,  or  may  hereafter  be  acquired,  for  the 
use  and  benefit  of  the  schools  of  such  city;  provided,  that  no 
real  estate  shall  be  bought,  sold,  or  exchanged,  nor  auy  ex- 
penditure incurred  for  the  construction  of  new  school-houses, 
without  the  approval  of  the  board  of  trustees;  and  provided 
further,  that  the  proceeds  of  any  such  sale  or  exchange  of  real 
estate  si:  'J  be  exclusively  applied  to  the  purchase  of  other 
lots  for  the  erection  of  school-houses. 

7.  To  grade,  fence,  and  improve  all  school  lots. 

8.  To  determine  annually  the  amount  of  money  required 
for  the  support  of  the  public  schools,  and  for  carrying  into 
effect  all  the  provisions  of  law  in  reference   thereto;  and   iu  ' 

fmrsuance  of  this  provision,  the  board  of  education  shall,  at 
east  ten  days  before  the  meeting  of  the  board  of  trustees  at 
which  the  annual  city  taxes  are  levied,  submit  in  writing  to 
the  board  of  trustees  a  careful  estimate  of  the  whole  amount 
of  money  to  be  received  from  the  state  and  county,  and  of 
the  amount  to  be  required  from  such  city  for  the  above-nu  n- 
tioned  purposes;  and  the  amount  so  found  to  be  required 
from  the  city  shall,  by  the  board  of  trustees,  be  added  to  the 
above  amounts  to  be  assessed  and  collected  for  city  purposes, 
and  when  collected,  the  proceeds  thereof  shall  be  immediately 
paid  into  the  school  fund  of  such  city,  to  be  drawn  out  only 
upon  the  order  of  the  board  of  education;  provided,  that  such 
annual  tax  shall  not  exceed  twenty-five  cents  on  each  one 
hundred  dollars  of  the  assessed  valuation  of  the  real  and 
personal  property  within  such  city. 

9.  To  establish  regulations  for  the  just  and  equal  disburse- 
ment of  all  moneys  belonging  to  the  school  fund. 

10.  To  discharge  all  legal  incumbrances  existing  at  the  time 
of  the  incorporation  of  such  city,  or  thereafter,  on  any  school 
property  within  such  city. 

11.  To  admit  non-resident  children,  and  persons  over 
twenty-one  years  of  age,  to  any  of  the  departments  of  the 
schools  of  such  city,  upon  the  payment  monthly,  in  advance, 
of  such  tuition  fee  as  said  board  may  establish. 

12.  To  prohibit  any  children  under  six  years  of  age  from 
attending  the  public  schools. 


■     ||7SMM    MlNiriTAT.    CORPORATION'S.  WO 

13.  To  establish  and  reflate  the  grades  of  schools  in  such 
city,  and  the  OOOTSe  of  Study,  and  the  mode  of  instruction  to 
be  pursued  therein,  .- 1 1 1 . 1   determine  what   I  shall   be 

ate  a. 

n.  To  <lo  an.]  perform,  in  addition  to  the  foregoing  pow- 
-ucli  oth.  r  may  be  necessary  or  proper  to  carry 

Late    effect    t!  -     hereby     conferred.       [Amcndnu  tut 

adopted  March  1 1,  L899.    B1  !     .  p.  98.] 

1  may  sue  and  be  wed. 

Bee.  799.    The  l » < » .- 1 r . I  of  educatioa  d  and  be  sued  by 

their  came  of  office.     In  any  actios  or  judicial   proeaading 
against  said  board  apon  the  president,  or 

upon  a  majority  >>t  the  members  of  the  board  shall  be  suffi- 
cient to  bjmn   the  court  jurisdiction  to  bear  and  determine 

line. 

Treaaurer  custodian  of  mom 

All     m  treasurer     of 

BOOnty  wherein   such   city   may   lie  situated,  -m    account   of 

aohooi  fnnd  of  such  eity,  <>r  the  Bchool  district  eoi  - 

the    same,   and    all    sums    re.',  i\e,|    into    th.  mT7t 

which  may  be  apportioaed  to  said  eity  ..r  district,  shall  be 
paid  to  the  tr.  i-e,r.  r  of  sneh  city,  by  the  treasure?  at  such 

county,  as  - i  as  received.  ,.r  at  the  apportionment 

shall  be  made,  when  apportionment  is  necessary,  upon   the 
nrdi  r  uf  the  board  of  education. 

JVmands. 

S.c.  s^l.  The  president  of  the  board  of  education  shall 
have  power  t.>  administer  oaths  and  affinnations  ooaeeming 
any  demand   upon   the   treasury,   payabfc  waooJ 

fund,   and    in    all   other   mat:'  i    the    duti 

board  of  education,  and  to  witnesses  examined  in  any  ii 
ligation  had  by  such  board  of  education,  or  by  a  conn: 
thereof,  duly  appointed  by  it,  for  that  purpose. 

President  may  compel  witnesses. 

■.    8Q2.      Baid    |, resident    may    issue    subpoenas    under    his 

hand  and  the  seal  oi  such  city, 

to  compel  the  attendance  of  aril  rd  ol 

education,  or  committee   thereof,  who  shall   be  entitled   to  the 
sail!'  -    in    civil   cast  B,   and    who    may   be   pun- 

i-i. .  d  for  conti  mpt  for  aon  a 


891  MUNICIPAL    CORPORATIONS.     Act  234$,  §§  S, 3- SO", 

or  to  answer,  by  the  superior  court  of  the  county  in  which 
Buch  city  may  be  situated. 

Warrants. 

Sec.  803.  Every  claim  payable  out  of  the  school  fund  shall 
be  filed  with  the  secretary  of  the  board  of  education,  and 
after  it  shall  have  been  approved  by  the  board  a  certificate 
of  such  approval  shall  be  indorsed  thereon,  signed  by  the 
president  and  secretary,  and  a  warrant  upon  the  school  fund 
shall  be  issued  thereon  for  the  payment  of  such  claim,  which 
warrant  shall  be  signed  by  the  president  of  such  board, 
and  countersigned  by  the  secretary  and  shall  specify  for 
what  purpose  the  same  is  drawn. 

Duties  of  secretary. 

Sec.  804.  The  secretary  shall  report  to  the  board  annu- 
ally, and  at  such  other  times  as  they  may  require,  all  mat- 
ters pertaining  to  the  expense,  income,  condition,  and  pro- 
gress of  the  public  schools  of  said  city  during  the  preced- 
ing year,  with  such  recommendations  as  he  may  deem  proper. 
He  shall  observe,  and  cause  to  be  observed,  such  general 
rules  and  regulations  for  the  government  of  and  instruction 
in  the  schools,  not  inconsistent  with  the  laws  of  the  state, 
as  may  be  established  by  the  board  of  education.  He  shall 
attend  the  sessions  of  the  board,  and  inform  them  at  each 
session  of  the  condition  of  the  public  schools,  school-houses, 
school  funds,  and  other  matters  connected  therewith,  and 
recommend  such  measures  as  he  may  deem  .  necessary  for 
the  advancement  of  education  in  the  city,  and  shall  perform 
such  other  duties  as  may  be  required  of  him  by  the  board. 
He  shall  receive  as  compensation  for  his  services,  payable 
out  of  the  school  fund,  such  sum  as  the  board  of  education 
from  time  to  time  may  allow. 

Fund  shall  not  be  diverted. 

Sec.  805.  The  entire  revenue  derived  by  such  city  from 
the  state  school  fund  and  the  state  school  tax  shall  be 
applied  by  said  board  of  education  exclusively  to  the  sup- 
port of  primary  and  grammar  schools. 

Article   VI. — Judicial    Department. 
Recorder's  court. 

Sec.  806.  A  recorder's  court  is  hereby  established  in 
such  city,  to  be  held  by  the  recorder  of  such  city,  provided, 
t»*t  ■"•.he  i-rovisions  of  this  section  as  to  the  establishment  of 


Act  234S,  §  §  S<j7   808    MUNICIPAL   CORPORATIONS.  892 

recorder's  "ourts  :«n<l  recorders  in  such  city  shall  not  apply 
to  any  such  city  in  which  a  city  justice's  court  or  a  city 
justice  01  ee  'N  now  or  may  hereafter  be  established, 

ami  any   recorder's  court  now  existing  in   any  such  last   men- 
tioned city  is  hereby  abolished.     Said  recorder's  court  shall 
have  jurisdiction,  concurrently  with  tin    justice's  court 
all  actions  and   pro  .  Civil  ami  criminal,  arising  with- 

in the  corporate  limits  ■  and  which  raighl  be  tried 

in  such  ji  :  and  Bhall  have  exclusive  jurisdic 

of   all    a>  '  v    hi"  .    penalty,   or 

i'eiture  prescribed  tor  tin-  breach  of  any  ordinance  of  bucd 
city,  of  all  actions  founded  upon  any  obligation  or  liability 
created  by  any  ordinance,  and  of  all  prosecutions  for  any 
violation  of  any  ordinance.  In  all  civil  actions  for  the  re- 
covery of  any  tin  ,  penalty,  or  forfeiture,  prescribed  for  the 

breach  Of  any  ordinance  ot  such  city,  win  re  the  fine,  pen- 
alty <>r  forfeiture  imposed  by  the  ordinance  is  mil  BJon  than 
fifty  dollars,   the   trial   must   he   by   the  court,   in  civil   action--. 

where  the  tine,  penalty  or  forfeiture  prescribed  for  the 
breach  of  any  ordinance  of  such  eity  ;s  over  fifty  dollars,  the 

defendant    is    entitled    to    a   jury.      Bicepl    as    in    this   section 

otherwise  provided,  tin-  rules  of  practice  and  mode  of  pro- 
ceeding in  said  recorder's  court  shall  be  the  same  as  are 
or    may    be    prescribed    by    law    tor  courts    in    Like 

s,  and  appeals  may  be  taken  to  tin  superior  court  of  the 
county  in  which  Bucfa  city  may  be  situated,  iron  all  judg- 
ments of  said  recorder's  court  in  like  manner  and  with  like 
effect  as  in  cases  of  appeals  from  justioes'  courts.  [Am 
ment  approved  March  7,  19U5;  Stats.  19u5,  p.  72.  In  effect 
in  sixty  days.] 

Powers  of  recorder  as  judge. 

807.  The  recorder  shall  be  judge  of  the  recorder's 
court,  and  shall  have  the  powers  .ami  pi  rform  the  duties  of 
a  magistrate.  He  may  administer  and  certify  oaths  and 
affirmations,   and  take   and  icknowledgments.       He 

Bhall  be  entitled  to  charge  and  receive  for  his  services 
such  fees  as  are  or  may  be  allowed  by  law  to  justices  of 
the  peace  for  like  services,  except  that  for  his  scrvio  s  in 
criminal  prosecution  for  violation  or  ordinances  he  shall 
be  entitled  to  receive  only  such  monthly  salary  as  the 
hoard'  of  trustees  shall  by  ordinance  prescribe;  which  com- 
pensation, when  once  fixed,  shall  not  be  altered  within 
two  yi  a  is. 
Recorder,   whin   disqualified   as  judge. 

Sec.    siis.      In    all    eases    in    which    the    recorder   is   a    party, 
or  in  which  he  is  interested,  or  when  he  is  related  to  ei;lu r 


893  MUNICIPAL    CORPORATIONS.     Act  2348.  §§  810-81". 

party  by  consanguinity  or  affinity  within  the  third  degree, 
or  is  otherwise  disqualified,  or  in  case  of  sickness  or  in- 
ability to  act,  the  recorder  may  call  in  a  justice  of  the 
peace  residing  in  the  city,  to  act  in  his  place  and  stead; 
or  if  there  be  no  justice  of  the  peace  residing  in  the  city, 
or  if  all  those  so  residing  are  likewise  disqualified,  then 
he  may  call  in  any  justice  of  the  peace  residing  in  the 
county  in  which  such  city  may  be  situated. 

Article  VII. — Miscellaneous  Provisions, 
Collection   of  moneys. 

Sec.  810.  Every  officer  collecting  or  receiving  any 
iQoneys  belonging  to  or  for  the  use  of  such  city  shall  setile 
for  the  same  with  the  clerk  on  the  first  Monday  in  each 
month,  and  immediately  pay  the  same  into  the  treasury, 
on  the  order  of  the  clerk,  for  the  benefit  of  the  funds  to 
which  such  moneys  respectively  belong. 

No  officer  to  be  interested  in  contract. 

Sec.  811.  No  officer  of  such  city  shall  be  interested,  di- 
rectly or  indirectly,  in  any  contract  with  such  city,  or  with 
any  of  the  officers  thereof,  in  their  official  capacity,  or  in 
doing  any  work  or  furnishing  any  supplies  for  the  use  of 
such  city  or  its  officers  in  their  official  capacity;  and  any 
claim  for  compensation  for  work  done,  or  supplies  or  mate- 
rials furnished,  in  which  any  such  officer  is  interested,  shall 
be  void,  and  if  audited  and  allowed  shall  not  be  paid  by 
the  treasurer.  Any  willful  violation  of  the  provisions  of 
this  section  shall  be  a  ground  for  removal  from  office,  and 
shall  be  deemed  a  misdemeanor,  and  punished  as  such. 

Nuisances. 

Sec.  812.  Every  act  or  thing  done  or  being  within  the 
limits  of  such  city,  which  is  or  may  be  declared  by  law 
or  by  any  ordinance  of  such  city  to  be  a  nuisance,  shall  bi 
and  is  hereby  declared  to  be  a  nuisance,  and  shall  be  con- 
sidered and  treated  as  such  in  all  actions  and  proceedings 
whatever;  and  all  remedies  which  are  or  may  be  given 
by  law  for  the  prevention  and  abatement  of  nuisances  shall 
apply  thereto. 

Fire  departments. 

Section  813.  The  fire  department  of  a  city  of  the  fifth 
class  shall  consist  of  companies  of  volunteer  or  paid  firemen, 
as  the  board  of  trustees  may  determine,  organized  into  en- 
gine, hose,  or  hook  and  ladder  companies.     Such  fire  depart- 


Act  2MS.  JJ850  MUNICIPAL   CORPORATIONS.  &* 

mint,  except  where  the  Mine  comprises  one  or  more  com- 
panies of  paid  Bremen,  and  such  companies  of  volunteer 
firemen,  •hall  elect  their  own  officers;  but  the  board  of  trus- 
tees shall  appoint  the  chief  and  other  officers  of  such  depart- 
ment, win  re  the  same  comprises  one  or  more  companies  of 
paid  firemen,  The  eleetion  of  any  person  as  chief  of  any 
niefa  vohmti  i  r  firr  department  shall  be  forthwith  certified 
by  the  secretary  of  said  department  to  the  board  of  trustees 

of  such  city,  and  by  them,  at  their  next  regular  meeting, 
confirmed.  Tin  chief  of  the  fire  department  shall  give  a 
bond  to  tin  chairman  of  the  board  of  trustees  of  such  city, 
in  the  sum  of  one  thousand  dollars;  the  chief  of  every  fire 
department  shall  inquire  into  the  cause  of  every  fire  occur- 
ring in  the  city,  and  keep  a  record  thereof.  He  snail  have 
roil  of  the  Working  of  the  fire  department  in 
time  of  conflagration  or  fire.  He  must  aid  in  the  enforce- 
ment of  all  lire  ordinances  duly  enacted,  examine  buildingB 
in  process  of  election,  report  violation  of  ordinances  relating 
to  the  prevention  and  extinguishment  of  fires  when  directed 
by  tin-  proper  authorities,  and  institute  proceedings  therfor, 
and  shall  have  g<  to  r  il  control,  management,  and  direction  of 
the  fire  companies,  hose,  book  and  ladder  companies,  and  en- 
gine, and  fire  departments  of  such  city,  and  shall  perform 
such  other  duties  as  mav  be  by  the  ordinances  of  said  city, 
or  by  law,  imposed  upon  him.  His  compensation,  which  shall 
not  be  less  than  ten  dollars  per  month,  must  be  fixed  and 
paid  bv  the  board  of  city  trusters.  [Amendment  approved 
February  20,  1905;  Stats.  1903,  p.  16.  In  effect  imme- 
diately.] 

CHAPTER  VLT. 

MT'NICIPAL    CORPORATIONS    OF    THE    SIXTH    CLASS. 
(A   charter  for  cities  and   towns  having  a  population  of  not 

e.\r,  ,  ding    3,000.) 

For  an   act   to  enable   municipal   corporations   of  the   sixth   claaa   lo 
elect  olliirrsi,    fe  act   2&9Q,    ;ost. 

Article  I. — General  Powers. 

Sixth  class. 

Sec.    s-"".     Every    municipal     corporation     of     the     sixth 
class  shall  be  entitled  the  city  (or  town)  of  (naming 

and    by   such   name   shall    have   perpetual   succession,   mav 
sue    and    be    sued    in    all    courts    ana    places,    and    in    all    pro 
dings    whatever;    shall    have    and    use    a    common    seal,    al- 
terable at  the   pl<  th<    city  or  town  authorities,  and 


g95  MUNICIPAL,    CORPORATIONS.     Act  2348,  §§  851 -863 

may  purchase,  lease,  receive,  hold,  and  enjoy  real  and 
personal  property,  and  control  and  dispose  of  the  same  for 
the  common  benefit. 

Article   IT. — General    Provisions    Eelating   to    Officers. 

Officers. 

Sec.  851.  The  government  of  such  city  or  town  shall 
be  vested  in  a  board  of  trustees,  to  consist  of  five  members; 
a  clerk,  who  shall  be  ex-officio  assessor;  a  treasurer;  a 
marshal,  who  shall  be  ex-officio  tax  and  license  collector; 
a  recorder,  to  be  appointed  by  the  board  of  trustees;  and 
such  subordinate  officers  as  are  hereinafter  provided  for. 
[Amendment  approved  March  27,  1895.     Stats.  1805,  p.  266.] 

Election  and  tenure  of  office. 

Sec.  852.  The  members  of  the  board  of  trustees  and  the 
clerk,  treasurer,  and  marshal  shall  be  elected  by  the  quali- 
fied electors  of  said  city  or  town  at  a  general  municipal 
election  to  be  held  therein  on  the  second  Monday  in  April 
in  each  even-numbered  year.  The  clerk,  treasurer,  and 
marshal  shall  hold  office  for  the  period  of  two  years  from 
and  after  the  Monday  next  succeeding  the  day  of  such 
election,  and  until  their  successors  are  elected  and  quali 
fied.  Members  of  the  board  of  trustees  shall  hold  office  for 
the  period  of  four  years  from  and  after  the  Monday  next 
succeeding  the  day  of  such  election;  and  until  their  suc- 
cessors are  elected  and  qualified;  provided,  that  the 
first  board  of  trustees  elected  under  the  provisions  of  this 
act  shall,  at  their  first  meeting,  so  classify  themselves  by 
lot  as  that  three  of  their  number  shall  go  out  of  office 
at  the  expiration  of  two  years  and  two  at  the  expiration  of 
four  years.  The  board  of  trustees  may,  in  their  dis- 
cretion, appoint  an  attorney,  a  pound-master,  a  supe-rinten 
dent  of  streets,  a  civil  engineer,  and  such  police  and  other 
subordinate  officers  as  in  their  judgment  may  be  deemed 
necessary,  and  fix  their  compensation,  which  said  officers 
shall  hold  office  during  the  pleasure  of  said  board. 

Official  bonds. 

Sec.  853.  The  clerk,  treasurer,  and  marshal  shall,  re- 
spectivrly,  before  entering  upon  the  duties  of  their  respec- 
tive offices,  each  execute  a  bond  to  such  city  or  town  in 
such  penal  sum  as  the  board  of  trustees  by  ordinance 
may  determine,  conditioned  for  the  faithful  performance 
of    his    duties,    including    in    the    same    bond    the    duties    of 


Act  Btf.  j  j  854-836    MUNICIPAL    CORPORATIONS.  m 

all    offices   of    which   he    is    made   by   this   cha  Tlcio 

incumbent  j  such  bonds  Bhal]  be  approved  by  th(  board  ol 
trustees.  All  bonds,  when  approved,  Bhal]  be  died  with  the 
clerk,  except  the  bond  of  the  clerk,  which  shall  b< 
with  the  president  of  the  board  of  trustees.  All  the  provi- 
sions of  any  law  of  this  state  relating  to  the  official  bonds 
of  officers  shall  apply  to  such  bon.ls,  exci  pt  as  herein  other- 
wise provided.  Every  officer  of  Buch  city,  befoxe  entering 
upon  the  duties  of  his  office,  Bhall  take  and  file  with  the 
clerk    the   constitutional  oath  of  oflice. 

Vacancies,  how  filled. 

8©C  vacancy    occurring    jn    any    of    the    offices 

provided  i'or  in  this  act  shall  be  filled  by  appointment  by 
the  boar. I  of  trustees;  but  it  such  office  be  eJeetiye,  such 
appointee  Bhall  hold  pffict  only  until  the  next  regular  elec- 
tion, at  which  timi  a  person  shall  he  eli  for 
the  remainder  of  Bucb  unexpired  tirm.  !  .  member 
of  the  board  of  trustees  is  absent  from  the  city  for  the 
period  of  oinety  days,  unless  by  permission  of  the  board 
of  trustees,  in  :il  by  the  board  be  declared  vacant, 
and  tin    aame  filled  as  in  case  of  other  vacancies. 

Compensation, 

.  355.  The  members  of  the  board  of  trustees  shall 
receive  do  compensation  whatever.  The  clerk,  treasurer, 
marshal,  ami  recorder  shall  severally  r<  ceive,  at  state. 1  times, 
impensatiom,  to  be  fixed  by  ordinance  by  tin  board  of 
trusties,  which  compensation  shall  not  be  increased  or  dim- 
inished  alter  their  election,  or  during  their  several  terms 
office.  Nothing  herein  contained  .-hall  be  construed  to  pre- 
vent the  board  of  tru  tees  from  fixing  such  several  amounts 
of  compensation  in  the  lirst  instance,  during  the  term  of 
office  of  any  such  officer,  or  after  his  election.  The  com- 
peosatioi  Of  all  other  officers  shall  be  fixed  troiu  time  to 
time  by  the  boards  of  trust. 

Election  provisions. 

Sec.    856.     All    elections    in    such    city    or    town    shall    be 
held  in   accordance   with   the   general   election     laws  of  the 

state,    so    far    as    tin     same    may    b<     made    applicable;    and    no 

person  shall  be  entitled  to  vote  at  such  election  unless 
shall   be    a    qualified    elector   of    tin     county,    enrolled    upon 
tin    g  thereof,   and   shall    have   resided   in  such 

city  for  at    U;iat   thirty    dayi  i.e.. ling   such    election. 


897  MUNICIPAL    CORPORATIONS.    Act  2348,  §|  8i/-859 

The  board  of  trustees  shall  give  such  notice  of  each  election 
as  may  be  prescribed  by  ordinance,  shall  appoint  boards  of 
election,  and  fix  their  compensation,  and  establish  election 
precincts  and  polling-places,  and  may  change  the  same.  At 
any  municipal  election  the  last  printed  great  register  of 
the  county  shall  be  used,  and  any  elector  whose  name  is 
not  upon  such  printed  register  shall  be  entitled  to  vote 
upon  producing  and  filing  with  the  board  of  election  a  cer- 
tificate, under  the  hand  and  official  seal  of  the  county  clerk, 
showing  that  his  name  is  registered  and  uncanceled  upon 
the  great  register  of  such  county;  provided,  that  he  is  other- 
wise entitled  to  vote. 

Eligit  ility   to  office. 

Sec.  857.  No  person  shall  be  eligible  to  or  hold  any 
elective  office  in  such  city,  unless  he  be  a  resident  and 
elector  therein,  and  shall  have  resided  in  such  city  for  one 
year  next  preceding  the  date  of  such  election.  [Amendment, 
became  a  law  under  constitutional  provision  without  gov- 
ernor's approval,  March  14,  1901.  Stats.  1901,  p.  293.  In 
effect   immediately.] 

Article   HI. — Legislative    Department. 
Board  of  trustees. 

Sec.  858.  The  board  of  trustees  shall  meet  on  the  Mon- 
day next  succeeding  the  date  of  said  general  municipal 
election,  shall  take  the  oath  of  office,  shall  choose  one  of 
their  number  president,  and  shall  hold  regular  meetings 
at  least  once  in  each  month,  at  such  times  as  they  shall 
fix  by  ordinance.  Special  meetings  may  be  called  at  any 
time  by  the  president  of  the  board,  or  by  three  trustees, 
by  written  notice  delivered  to  each  member,  at  least  three 
hours  before  the  time  specified  for  the  proposed  meeting. 
All  meetings  of  the  board  of  trustees  shall  be  held  within 
the  corporate  limits  of  the  city,  at  such  place  as  may  be 
designated  by   ordinance,  and  shall  be  public. 

Meetings. 

Sec.  859.  At  any  meeting  of  the  board  of  trustees  a 
majority  of  the  trustees  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  less  number  may  adjourn 
from  time  to  time,  and  may  compel  the  attendance  of  ab- 
sent members  in  such  manner  and  under  such  penalties  as 
may  be  prescribed  by  ordinance.  The  preside  nt  of  the  hoard 
shall  preside  at  all  meetings  of  the  board,  and  in  case  of 
Gen.  Laws — 57 


Act  2348.  J  3  860-862     MUMICIPAX    CORPORA!"-  89S 

bis    absence    the    board    may    appoint    a    president    pro    tern.; 
and   iD    case   of   the    absence   of   the    oli  rk.    the    president   or 

E  resident  pro  tern,  shall   appoint  one  of  the  members  of  the 
nard  clerk  pro  tern. 

Rules. 

Sec.  860.  The  board  of  trustees  shall  judge  of  the  quali- 
fications of  its  mi  iiiln  rfl  and  of  all  election  returns,  and 
£iooi  oi  all  nty  officers.  They  may 
blish  rules  fur  the  conduct  of  their  proceedings,  and 
punish  any  im  iiiln  r  or  nth»r  person  for  disorderly  behavior 
at  any  meeting.  They  shall  eause  the  clerk  to  keep  a  cor- 
rect journal  of  all  their  pi  pa,  and  at  the  desire  of 
any  member  shall  cause  tin  ayes  and  noes  to  be  taken  on 
any   question,    and    enter.. 1    mi    the   journal. 

Franchises   and   resolutions  to  pay   money. 

'.      No    ordinance,   and    no   resolution    granting   any 

franchise    for   any    purpose,   shall    be    passed   by   the   board  of 

trust  1  iy    of    its    introduction,    nor    within    five 

-    then  after    nor    at    any    other    than    a    regular    meeting. 

.v.  resolution  or  order  for  the  payment  of  money  shall  be 

.1    at    any    other    time    than    at    a    ii ■efiilar    meeting.      And 
hi  h    ordinance,    resolution,   or   order   shall    have   any  va- 
lidity or  effect  ui.  1  by  the  votes  of  at  least  three 
trustees. 

Powers. 

862.     The   bopxd   of   trustees  of  said   city   shall   have 
power: 

Orlinarn 

1.  To  pass  ordinances  not  in  conflict  with  the  constitu- 
tion and  laws  of  th's  state  or  of  the   United  States. 

Real   estate. 

2.  To  purchase,  lease,  or  receive  such  real  estate  and  per- 
sonal property  as  maj  I  irj  or  proper  tor  municipal 
purposes,  and  to  control,  dispose  of.  any  convey  the  same 
for  the  benefit  of  the  city  or  town;  provide. l,  they  shall 
not  have  powi  r  In  sell  or  convey  any  portion  of  any  water 
front. 

Water. 

:;.  To  contract  for  supplying  the  city  or  town  with  water 
for  municipal  purposes,  or  to  acquire,  cons  tenet,  repair,  ami 
manage  pumps,  aqueducts,  reservoirs,  or  other  works  neces- 


899  MUNICIPAL   CORPORATIONS.  Act  234S,  §  862 

sary  or  proper  for  supplying  water  for  the  use  of  such  city 
or  the  inhabitants,  or  for  irrigating  purposes  therein. 

Highways. 

4.  To  establish,  build,  and  repair  bridges;  to  establish, 
lay  out,  alter,  keep  open,  improve,  and  repair  streets,  side- 
walks, alleys,  squares,  and  other  public  highways  and  places 
within  the  city  or  town,  and  to  drain,  sprinkle,  oil,  and 
light  the  same;  to  remove  all  obstructions  therefrom;  to 
establish  the  grades  thereof;  to  grade,  pave,  macadamize, 
gravel,  and  curb  the  same,  in  whole  or  in  part,  and  to  con- 
struct gutters,  culverts,  sidewalks,  and  cross-walks  therein, 
or  on  any  part  thereof;  to  cause  to  be  planted,  set  out, 
and  cultivated,  shade  trees  therein;  and  generally  to  man- 
age and  control  all  such  highways  and  places;  and  in  the 
exercise  of  the  powers  herein  granted  to  expend,  in  their 
discretion,  the  ordinary  annual  income  and  revenue  of  the 
municipality  in  payment  of  the  costs  and  expenses  of  the 
whole  or  any  part  of  such  work  or  improvement. 

Sewers. 

5.  To      construct,    establish,    and      maintain      drains     and 


Fire  extinguishment. 

6.  To  provide  fire  engines  and  all  other  necessary  or 
proper  apparatus  for  the  prevention  and  extinguishment  of 
fires. 

Poll  tax. 

7.  To  impose  on  and  collect  from  every  male  inhabitant, 
between  the  ages  of  twenty-one  and  sixty  years,  an  annual 
street  poll  tax,  not  exceeding  two  dollars;  and  no  other 
road  poll  tax  shall  be  collected  within  the  limits  of  the 
city. 

Dog  tax. 

8.  To  impose  and  collect  an  annual  license  not  exceeding 
two  dollars  on  every 'male  dog,  and  four  dollars  on  every 
female  dog  owned  or  harbored  within  the  limits  of  the 
city. 

Property  tax. 

9.  To  levy  and  collect  annually  a  property  tax,  which 
shall  not  exceed  seventy-five  cents  on  each  one  hundred 
dollars. 


Act  2348,  $862  Ml'Nle'IPAL   CORPORATIONS.  900 

Iiiccnscs. 

10.  To  license,  for  the  ptu  E  revenue  and  regula- 
tion, all  and  every  kind  of  business  authorized  l>y  taw 
and  transacted  and  carried  on  in  such  eity  or  town,  and 
all  shows,  exhibitions,  and  lawful  games  earned  on  therein; 
to  fix  the  rates  of  license  tax  upon  the  same,  and  to  provide* 
for   the   collection   of   the   same   by   suit   or  otherwise. 

Water-front    improvement. 

11.  Tu  improvp  the  rivers  ami  streams  flowing  through 
such  city  or  adjoining  the  sane;  to  widen,  straighten,  and 
deepen  the  channels  tin  reof,  and  re  move  obstructions  there- 
from; to  improve  the  water-front  of  the  city;  to  construct 

and     maintain     embankments     and    other    works,     to     protect 

such   city   from   overflow;    and    to    acquire,   nwnj   construct, 

maintain,   and   operate   on   any  lands  bordering  on    any   nav- 
igable   bay,    lake,    inlet,    river,    ere.  k,    Blough,    or    arm    of    the 
\ithin    the    corporate    limits    of   such    eity    or    contiguous 
thereto,  wharves,  chutei,  piers,  breakwaters,  bath-houses,  and 

lit".  -sa\  ing    stations. 

Public   buildings. 

12.  To  erect  and  maintain  buildings  for  municipal  pur- 
poses. 

Tracks  and   pipes. 

13.  To  acquire,  own,  construct,  maintain,  and  operate 
street  railways,  t<  le]  hone  and  telegraph  lines,  gas  and 
other  works  for  light  and  heat;  public  libraries,  museums, 
gymnasiums,  rks,  and  baths,  and  to  permit  under  such 
restrictions  as  they  may  deem  proper,  the  laying  of  railroad 
tracks  and  the  running  of  cars  drawn  by  horses,  steam,  or 
other  pOW8T  thereon,  ami    tin    laying  of   gas  and   water  pipes 

in   the   public   streets,  and   to   permit   the   construction   and 

maintenance    of    telegraph    and    telephone    lines    therein. 

Violation  of  ordinances. 

11.  To  impose  fines,  penalties,  ami  forfeitures  for  r.nv  and 
all  violations  of  ordinances;  ami  for  any  breach  or  viola- 
tion of  any  ordinance;  to  fix  the  penalty  by  fi.e  or  impris- 
onment, or  both;  but  no  such  fine  shall  exceed  three  hun- 
dred dollars,  nor  the  te>rm  of  imprisonment  excet  .]  time 
months. 


901  MUNICIPAL,    CORPORATIONS.     Act  2348,  §§  863-865 

Prison  labor. 

15.  To  cause  all  persons  imprisoned  for  violation  of  any 
ordinance  to  labor  on  the  streets,  or  other  public  property, 
or  works  within   the   city. 

Fire  limits. 

16.  To  establish  and  maintain  fire  limits,  and  to  regulate 
building    and    construction    within    the    municipality. 

Other  acts. 

17.  To  do  and  perform  any  and  all  other  acts  and  things 
necessary  or  proper  to  carry  out  the  provisions  of  this 
act.  [Amendment  approved  March  9,  1903.  Stats.  1903, 
p    93.     In   effect  immediately.] 

Enacting  clause. 

Sec.  863.  The  enacting  clause  of  all  ordinances  shall 
be    as    follows:    "The     board    of    trustees   of    the   city    (or 

town)    of  ,   do   ordain   as   follows:"   Every  ordinance 

shall  be  signed  by  the  president  of  the  board  of  trustees, 
attested  by  the  clerk,  and  published  at  least  once  in  a 
newspaper  published  in  such  city  or  town,  or  printed  and 
posted   in  at  least   three  public  places   therein. 

Demands. 

Sec.  864.  All  demands  against  such  city  or  town  shall 
be  presented  to  and  audited  by  the  board  of  trustees,  in  ac- 
cordance with  such  regulations  as  they  may  by  ordinance 
prescribe;  and  upon  the  allowance  of  any  such  demand,  the 
piesident  of  the  board  shall  draw  a  warrant  upon  the 
treasurer  for  th(  sam  ,  which  warrant  shall  be  counter- 
signed by  the  clerk,  and  shall  specify  for  what  purpose 
the  same  is  drawn,  and  out  of  what  fund  it  is  to  be 
paid. 

Indebtedness  not  to   exceed   available   funds. 

Sec.  865.  The  board  of  trustees  shall  not  create,  audit, 
allow,  or  permit  to  accrue,  any  debt  or  liability  in  excess 
of  the  available  money  in  the  treasury  that  may  be  legally 
apportioned  and  appropriated  for  such  purposes;  provided, 
that  any  city  or  town  during  the  first  year  of  its  existence 
under  this  act  may  incur  such  indebtedness  or  liability  as 
may  be  necessary,  not  exceeding  in  all  the  income  and  rev- 
enue provided  for  it  in  such  year;  nor  shall  any  warrant 
be    drawn,    or    evidence    of    indebtedness    be    issued,    unless 


\el  234S,   §§  66C,  S67     MTNKirAL    CORPORATIONS.  90i 

there  bo  at  the  time  sufficient  money  in  the  treasury  legally 
applicable    to    the    payment   of   the   same,   except   as   herein- 
provided. 

Incurring  excess  decided  by  vote. 

Sec.  Rfifi.  Tf  at  any  time  the  board  of  trustees  shall 
D  it  necessary  to  incur  any  indebtedness  in  excess  of 
v  in  tin  treasury  applicable  to  the  purpose  for 
which  such  indebtedness  is  to  be  incurred,  they  shall  give 
notice  of  a  special  election  by  the  qualified  electors  of  the 
city  it  town,  to  be  .lfhl  to  determine  whether  such  in- 
d«  btedneSfl  shall  be  incurred.  Such  notice  shall  specify  the 
amount  of  indebtedness  proposed  la  be  incurred,  the  pur- 
pose or  purposed  of  the  same,  and  the  amount  of  money  nec- 
ry  to  be  raised  annually,  by  taxation,  for  an  interest 
and  sinking  fund,  as  hereinafter  provided.  Such  notice 
shall  be  published  for  at  least  two  weeks  in  some  news- 
paper published  in  such  city  or  town;  and  no  other  ques- 
tion or  matter  shall  be  submitted  to  the  electors  at  such 
i  lection.  It'  upon  a  canvass  of  the  votes  cast  at  such  elec- 
tion it  appi  ars  that  not  less  than  two-thirds  of  all  the 
Snalifted  electors  voting  at  such  election  shall  have  voted 
in  favor  of  incurring  such  indebtedness,  it  shall  be  the  duty 
01  the  board  of  trustees  to  pass  an  ordinance  providing  for 
the  modi  of  creating  such  indebtedness,  and  of  paying  the 
game;  and  in  such  ordinance  provision  shall  be  made  for 
the  levy  and  collection  of  an  annual  tax  upon  all  the  real 
and  personal  prop*  rty  subject  to  taxation  within  such  ci*y 
01  town,  sufficient  to  pay  the  interest  on  such  indebted 
as  it  falls  due;  and  also  to  constitute  a  sinking  fund  for 
the  payment  of  the  principal  thereof,  within  a  period  af 
not  more  than  twenty  years  from  the  time  of  contracting 
tii,.  same,     [1  shall  be  the  duty  of  the  board  of  trustees,  in 

r  thereafter,  at  the  time  at  which  other  taxes 
levied,  to  levy  a  tax  sufficient  for  such  purpose,  in  addition 
to  tin  tax.-  by  this  chapter  authorized  to  be  levied.  Such 
tax,  when  collected,  shall  be  kept  in  the  treasury  as  a  sep- 
arat(.  Intel,  bO  1»'  inviolably  appropriated  to  the  payment 
oi    the   principal   and   interest  of  such  indebtedness. 

I  ncarci  ration. 

Sec,    8G7.      The    violation    of    any   ordinance    of   such    city 
or  town   shall    be   deemed   S   misdemeanor,  and   may  be   pi 
anted    by    the   authorities   of   such    city   or    town    in    the    name 

of  the  people  of  the  state  of  California,  or  may  be  redressed 


003  MUNICIPAL,    CORPORATIONS.     Act  2348,  §§  868,  869 

by  civil  action,  at  the  option  of  said  authorities.  Any  per- 
son sentenced  to  imprisonment  for  the  violation  of  an  or- 
dinance may  be  imprisoned  in  the  jail  for  such  city  or 
town;  or  if  the  board  of  trustees  by  ordinance  shall  so 
prescribe,  in  the  county  jail  of  the  county  in  which  such 
city  or  town  may  be  situated,  in  which  ^case  the  expense 
of  such  imprisonment  shall  be  a  charge  in  favor  of  such 
county  and  against  such  city  or  town. 

Nuisances. 

Sec.  868.  Every  act  or  thing  done  or  being  within  the 
limits  of  such  eity  or  town,  which  is  or  may  be  declared 
by  law  or  by  any  ordinance  of  such  city  or  town  to  be 
a  nuisance,  shall  be  and  is  hereby  declared  to  be  a  nui- 
sance, and  shall  be  considered  and  treated  as  such  in  all 
actions  and  proceedings  whatever;  and  all  remedies  which 
are  or  may  be  given  by  law  for  the  prevention  and  abate- 
ment  of  nuisances   shall   apply   thereto. 

Cost  of  street  work  assessed  on  fronting  property. 

Sec.    869.,     The   board   of   trustees   are   hereby    authorized 
and  empowered  to  order  any  work  authorized  by  this  chap- 
ter   to   be   done   upon    the    streets,    avenues,    highways,    and 
public  places  of  such  city  or  town.     The   cost  and  expense 
incurred    therefor    shall    be    paid    as    follows,    to    wit:    The 
expense    or   cost    of   improving   and   repairing    streets,   side- 
walks, alleys,  squares,  and  other  public  highways  and  places 
within  the   city  or  town,  removing  obstructions   therefrom; 
grading,  paving,  macadamizing,  graveling,   and   curbing  the 
same,  and  constructing  gutters,  culverts,  and  sidewalks  there- 
in, shall  be  assessed  upon  the  lots  and  lands  fronting  there- 
on,  each   lot   or   portion   of   a  lot   being  separately   assessed 
for  the  full  depth  thereof  in  proportion  to  the  benefits  upon 
the   property    to   be   benefited,   sufficient   to    cover   the   total 
expense  of  the   work  to   the   center  of  the  street  on  which 
it    fronts;    provided,    that    the    board    of    trustees    may    ex- 
pend from  the  general  fund  for  said  purposes  a  sum  which 
in   their   judgment   may   be   necessary.     The    expense   of   all 
improvements    in    the    space    formed    by    the    junction    of 
two    or    more    streets,    or    where    cne    main    street    termin- 
ates  in    or    crosses    another    main    street,    and    also   all   nec- 
essary   street    crossings,    or    crossways    at    corners    or    inter- 
section  of  streets,    and   the    expense   of   establishing,   build- 
ing,  and   repairing   bridges   in   such   city   or   town,   shall   be 
paid  by  such  city  or  town.     The  expense  incurred  in  mak- 


Act  2348,  {  870  MUNICIPAL,  CORPORATIONS.  »04 

in;:   and    repairing   sewers  in   any  street   shall   be   paid,  one- 
i.  liy  the  owner  of  the  lands  on  one  side  of  said  street, 
iiii'   fourth  by   the  owner  of   the   land   on   the   other  side   of 
sail!  .1    one-half    by    the    cit,     or   town   out  of  the 

r  fond.  In  all  the  streets  constituting  the  water- 
iront  of  Bach  cijy  or  town,  or  bounded  on  the  one  side  by 
tin    property   thereof]  thi  Of  work  done  on  that  por- 

tion of  sai.i  s'  nter  line  thereof  to  the  said 

water-fro  inch  property  of  the  city  or  town  bound- 

M.  shall   l»t-    |>ai<l    for   by   BUch   city   or   town,  but   no 
■  •oi.trart     foi    any    BUCJb    work    shall    DC    gil  *     to    the 

-  ble  bidder,  and  la  the  manner  hereinafter  pro- 
vided.    When   any    work   or   improvements   mentioned    in   this 

of     the    center    line    of 
■aid  r  public   highways,   the  lots  or  por 

tions    of    lots    fronting    on    th;it    side    only    shall    be   assessed    to 

■    the   i  -\;  aid    work  aoeording   to   the  provi- 

of   this   chapter.     Whenever   any  of   work 

shall   hav(  .   on  any   lands,  the  amount  of 

penaee  shall  beeome  a  lien  upon  said  lamls,  which  shall  take 
pret>  ad   which   ma]  dosed 

in  ;.  with  the  provisions  of  the  Code  of  Civil   Pro- 

cedure.    Such  suit   shall  be  iii   the  name  of  such  city  or  town 
as   plaintiff.      Qpon    the   filing   of  a   complaint   in    the   superior 
•<•  a   lit  ii  of  any  kind  hereon,  the  plaintiff  shall 
be  entitled,  if  :i  recovery  is  had  or  i.  lid,  to  in- 

cludi  the  sum  of  twenty-five  dollars  as  attorney's  I 

Bight  of  way. 

Whenever  it  shall  become  necessary   for  the  city 
or  town  to  take  or  damage  priva  rty   for  the  purpose 

of    establishing,    laying    out,    extending    and    widening    Btl 
and  other  public  highways  and  places  within  the  city  or  town, 
or   tor  the  purpocw    of   rights  of  way    for  drains,  aewers  and 
aqueducts,  and  for  the  purpose  of  widening,  straightening  or 
diverting   the   channels   of  tprovement    of 

ox  the  acquisition  or  maintenance  of  public  har- 
bors, the  trustees  may  direst    proceedings  to  be  takes  under 
a/elve  hundred  and  thirty-seven  and  following  BeetioBs, 
to  and  including  section   twelve  hundred  and  sixty-three  of 
the  Cede  of  I  wril  Proceduri  me,     [Amend- 

ment   approved    Februarj    20,   1801.    State.  limi,  p.  12.    lu 
effect   immediately.] 


905  MUNICIPAL   CORPORATIONS.  Act  234S,  §  871 

Levy  of  taxes. 

Section  871.  The  board  of  trustees  shall  have  the  power, 
and  it  shall  be  their  duty,  to  provide  by  ordinance  a  system 
for  the  assessment,  levy,  and  collection  of  all  city  or  town 
taxes  not  inconsistent  with  the  provisions  of  this  chapter. 
All  taxes  shall  be  collected  by  the  marshal  or  treasurer,  as 
may  be  determined  by  the  board  of  trustees  by  ordinance. 
All  taxes  assessed,  together  with  any  percentage  imposed  for 
delinquency  and  the  costs  of  collection,  shall  constitute  liens 
on  the  property  assessed;  every  tax  upon  personal  property 
8hall  be  a  lien  upon  the  real  property  of  the  owner  thereof. 
The  liens  provided  for  in  this  section  shall  attach  as  of  the 
first  Monday  in  March  of  each  year,  and  may  be  enforced 
by  a  sale  of  the  real  property  affected,  and  the  execution  and 
delivery  of  all  necessary  certificates  and  deeds  therefor,  under 
such  regulations  as  may  be  prescribed  by  ordinance,  or  by 
action  in  any  court  of  competent  jurisdiction  to  foreclose 
such  liens;  provided,  that  any  property  sold  for  such  taxes 
shall  be  subject  to  redemption  within  five  years  and  upon  the 
terms  provided  or  that  may  hereafter  be  provided  for  the  re- 
demption of  property  sold  for  state  taxes.  All  deeds  made 
upon  any  sale  of  property  for  taxes  or  special  assessments 
under  the  provisions  of  this  chapter  shall  have  the  same  force 
and  effect  in  evidence  as  is  or  may  hereafter  be  provided  by 
law  for  deeds  for  property  sold  for  nonpayment  of  state 
taxes. 

Section  3  of  the  act  amending  this  section  and  section  773 
is  as  follows: 

Sec.  3.  This  act  shall  not  repeal,  or  in  any  manner  affect, 
modify,  or  interfere  with  the  provisions  of  an  aet  entitled 
1 '  An  act  to  provide  for  the  levy  and  collection  of  taxes  by 
and  for  the  use  of  municipal  corporations  and  cities  incor- 
porated under  the  laws  of  the  State  of  California,  except 
municipal  corporations  of  the  first  class,  and  to  provide  for 
the  consolidation  and  abolition  of  certain  municipal  offices, 
and  to  provide  that  their  duties  may  be  performed  by  certain 
offices  of  the  county,  and  fixing  the  compensation  to  be  al- 
lowed for  such  county  officers  for  the  services  so  rendered  to 
such  municipal  corporations,"  approved  March  27,  1895;  or 
any  of  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  the  levy  and  collection  of  taxes  by  and  for  the  use  of 
municipal  corporations  and  cities  incorporated  under  the  laws 
of  the  state,  except  municipal  corporations  of  the  first,  sec- 
ond, third  and  fourth  classes,  and  cities  operating  under  a 
charter  framed  under  section  8,  article  11,  of  Constitution," 


Act  234S.  §5  872-874       MUK1CIPAL  V.  »UP"KATIONS.  K>S 

approved   March  2,   1891.     [Amendment  approved)    M;irch  8, 

:   St  its.   LAOS)  p.  89.     In  effect  in  sixty  days.] 

Equalization. 

She   l«'ard   of   trustees   shall   meet   at    their   usual 

of  holding  taeetingi  h  the  Ifosnay  of  tasnnfl 

of   each  Tear,   :it    t  "  -  of   mid    day, 

and  sit   as  a   board   of  I  -qual i/.at  ion,  and  shall   continue  in  scs- 
lioa    from    day    to    'lay    until    all    1 1  i •  -    rctur 

been     rectified.     Tha    shall   have    power   to   hear   com- 
plaints,   and    to   eorreet,   modify,   Ot   strike  out   any   assessment. 
made  by  the  anneaaer,  and  may,  of  their  own  motion,   r 
tinv  ass.--  aity  whose  assessment    is 

to  be   rahms      The  Bee   each   tax  shall   be   hhe 

I    roll   for  said   ma    for  said   year.     It  shall   be  ci'i 
rk,  who  shall  act  as  clerk  of  the  board  of  equal- 
i  g   the   assessment    roll    for   said   tax,   and    shall 
roll  upon   which  such  tax  is  to  be  levied   in 
mid 

Uenetraotioa  of  act. 

■  thine  in  this  chapter  contained  shall  be  con- 
■treed  be  prevenl  any  city  or  town  baring  a  bonded  indebt- 
edness, contracted  under  laws  heretofore  passed,  from  levy- 
ing and  collecting  such  tax.  s  for  the  paym.  nt  of  such  indi  bt- 
edness,  and  thi  interest  thereon,  as  are  provided  for  in  mmh 
i,  in  addition  to  th.  r.in  authorized  to  be  levied 

and  collected.    All  moi  red  from  licenses,  street  poll 

from    Ones,   penalties,  and   forfeitures,   shall   be   i>aid 
into  the  p<  neral  fund. 

Public   \Mirk   to  be  done  by   contract. 

S,  ,  .   B74.      In   the   erection,  improvement,  and  repair  of  all 

public  buildii  .  »rka,  in  all  street  and  sewer  work,  and 

in    all    work    in    or   about  bays,    or   water-fronts,    or    in 

«,r  about   embankments,  or  other  works  for  protection  against 

and    in    famishing  any   supplies  or   materials   for   the 

liture    required    for   the   same    exceeds 

the    gum    of    one    hundred    dollars,    the    same    shall    be    done    by 

cuntl  shall    be    let    to    the    Ion  visible    bidder, 

•   ootiC4    by  publication  in  a  newspaper  of  general  circula- 

printed  and  published  in  such  city  or  town,  for  at 

•  ,t  there  b<   no  newspaper  printed  or  published 

therein,    bj     printing    and    I-  •     same    in    at    least     four 

public    places    therein    for    the    same    period;    such    notice   shall 
distinctly    and   specifically  state   the   work   contemplated   b 


907  MUNICIPAL    CORI'ORVTIONS.     Act  2348,  §§  875-877 

done;  provided,  that  the  board  of  trustees  may  reject  any 
and  all  bids  presented  and  roadvertise,  in  their  discretion. 
The  board  of  trustees  shall  annually,  at  a  stated  time,  con- 
tract for  doing  all  city  printing  and  advertising,  which  con- 
tract shall  be  let  to  the  lowest  bidder,  after  notice,  as  pro- 
vided in  this  section.  [Amendment  approved  March  9,  1897. 
Stats.  1897,  p.  89.] 

Signature  of  warrant  and   contracts. 

Sec.  875.  The  president  of  the  board  of  trustees  shall  pre- 
side over  all  mating  of  the  board  at  which  he  is  present. 
In  his  absence  a  president  pro  tern,  may  be  chosen.  The 
president,  and  in  his  absence  the  president  pro  tem.,  shali 
sign  all  warrants  drawn  on  the  treasurer,  and  shall  sign  all 
written  contracts  entered  into  by  said  city  or  town,  as  such 
president  or  president  pro  tem.  The  authority  and  power  of 
the  president  pro  tem.  shall  continue  only  during  the  day  on 
which  he  is  chosen.  The  president  and  president  pro  tem. 
shall  have  power  to  administer  oaths  and  affirmations,  and 
take  affidavits  and  testify  the  same  under  their  hands.  The 
president  or  president  pro  tem.  shall  sign  all  conveyances  made 
by  said  city  or  town,  and  all  instruments  which  shall  require 
the  seal  of  the  city  or  town.  The  president  is  authorized  to 
acknowledge  the  execution  of  all  instruments  executed  by  said 
city  or  town,  that  require  to  be  acknowledged. 

Article   IV. — Executive  Department. 
Treasurer. 

See.  876.  It  shall  be  the  duty  of  the  treasurer  to  receive 
and  safely  keep  all  moneys  which  shall  come  into  his  hands 
as  treasurer,  for  all  of  which  he  shall  give  duplicate  receipts, 
one  of  which  shall  be  filed  with  the  clerk. 

He  shall  pay  out  said  money  or  warrants  signed  by  the 
president  and  countersigned  by  the  clerk,  and  not  otherwise. 
He  shall  make  quarterly  settlements  with  the  clerk.  When  no 
compensation  has  been  allowed  to  him  by  the  board  of  trus- 
tees, he  shall  be  allowed  one  per  eent  on  all  moneys  received 
and  paid  by  him  as  such  treasurer.  He  may  credit  himself 
with  such  per  cent  in  his  settlements  with  the  clerk.  Upon 
each  quarterly  settlement  he  shall  file  a  statement  of  his  ac- 
count with  the  clerk.  [Amendment  approved  March  30,  1903. 
Stats.  1903,  p.   336.] 

Assessor. 

Sec.  877.  It  shall  be  the  duty  of  the  assessor,  between  the 
first  day  of  May  and  the  first  day  of  August  in  each  year, 
to   make   out   a   true   list   of   all   the   taxable   property    within 


Act  234S.  {  S"8  MUNICIPAL  CORPORATIONS.  908 

tin-  city  or  town.     The  mode  of  making  oat  of  saiil  list,  and 

dings  relating  thereto,  shall    be  in  conformity  with    laws 

now  in   force  regnlatiDg  county  assessors,  exeepl   as  the  same 

be  otherwise  provided  in  tins  set,  or  by  ordinance.     Said 

ribe  t h.-  property  I,  and  the  value  thereof, 

and  shrill  contain  :ill  other  matters  required  to  be  stated   in 

Hi<-ii  lists  \>y  county  ast  r  shall  verify  said 

list    by  his  oath,  and  shall  de]  .me  with  the  clerk  on  or 

before  the,  first  Monday  i  tfeacfa  year.     Th< 

shall,  during  said  tin:-',  also  make  a  list  of  all  male  persons 
residing  within  the  limits  of  the  city  or  town,  over  the  age 
of  twenty-one  years,  and  shall  verify  said  list   by  his  oath,  and 

shall,  "!i  or  before  the  first  Monday  of  August  in  each  year, 
deposit  t i  ■  k.     :-.h.i  . ^d  his  deputy 

shall    have    power   to  administer  all   oaths  and  aflirmatious  aec- 

iii  the  performance  of  his  duty. 

Clerk. 

S.  ,.  B78.  jt  shall  be  the  duty  of  the  clerk  to  keep 
a  full,  tno  record  of  all  t lie  proceedings  of  the  board 
of    tr  ind     of     the     board    of    equalization.      Tin      pro- 

ceedings ot'  th.    board  of  ti  ept  in  a  book, 

mark.  .1  "  liimr.ls  of  the  IVard  of  Trustees."  The  pro- 
c.iiiiiiLTs  ut'  the  board  of  equalisation  shall  be  kept  in  a 
separate  book,  marked  "Records  of  the  Board  of  Equali- 
sation."     He    shall    keep    a    book,    which    shall    be    marked 

"City   or  Town    A< unts,"   in    which   shall   be   entered 

•n  dit  all  moneys  received  by  the  city  or  town  for  licenses. 

the  amount  <>t  any  tax  when  levied,  anil  all  other  moneys 
received,  and  in  which  shall  be  entered  upon  the 
debtor  side  all  commissions  di  ducted  and  all  warrants 
ilrawn  on  the  treasury.  He  shall  also  kicp  a  book,  marked 
"Marshal's  Account,*'  in  which  he  shall  charge  the  marshal 
with  all  the  tax  lisis  delivered  to  him,  and  all  lit  • 
delivered    to    him.      He    shall    credit    the     marshal    with    the 

delinquent   lists  returned  by  him,  and  with  his  commission 

for  collecting.  He  shall  also  keep  a  book,  marked  "  Treas- 
unr's  Account,"  in  which  he  shall  keep  a  full  account 
Df  t!,e  transactions  of  the  city  or  town  with  the  treasurer. 
He  shall  also  kn|>  a  book,  mark,  d  " Licenses, M  in  which 
ae  sli:ill  enter  all  licenses  issued  by  him,  the  date  then  of, 
i,,    whom    issued,    for    what,    the    time    when    it  and 

the  amount  paid.  He  shall  also  keep  a  book  marked 
•  •  \  unt."   and    shall    therein   chflrgi    said    at 

tunny    with     all    delinquent    tax    lists    delivered     to    him, 

and    shall    Credit    hiin    with    money    paid    an.l    delinquent 


909  MUNICIPAL   CORPORATIONS.  Act  2348,  §  878 

lists  returned.     He  shall  keep  a  book,  marked  "Ordinances,' 
into  which  he  shall  copy   all  city  or  town  ordinances,  with 
his   certificate   annexed   to   said   copy   stating   the   foregoing 
ordinance  is  a  true  and  correct  copy  of  an  ordinance  of  the 
city    or    town,    and    giving    the    number    and    title    of    said 
ordinance,   and    stating   that    the    same    has   been    publishe  \ 
or   posted   according   to   law.     Said   record    copy,    with    said 
certificate,   shall   be   prima    facie    evidence    of    the    contents 
of    the    ordinance    and  of    the    passage  and   publication   of 
the  same,  and  shall  be   admissible  as  such   evidence  in   any 
court  or  proceeding.     Such  records  shall  not  be  filed  in  any 
case,    but    shall    be    returned    to    the    custody    of    the    clerk. 
Nothing    herein    contained    shall    be    construed    to    prevent 
the    proof    of    the    passages    and    publication    of    ordinances 
In    the    usual    way.     Each    of    the    foregoing    books,    except 
the     records    of    the    board    of    trustees    and    the    board    of 
equalization,    shall    have    a    general    index,    sufficiently    com 
prehensive   to   enable   a  person   readily   to   ascertain   matters 
contained    therein.     The    clerk    shall     also      keep     a    book, 
marked  "Demands  and  Warrants,"  in  which  he   shall  note 
every  demand  against  the  city  or  town,  and  file   the   same. 
He    shall    state    therein,    under    the    note    of    the    demands, 
the   final   disposition   made    of   the    same;    and   if    the    same 
is   allowed,   and   a   warrant   drawn,   he    shall    also    state    the 
number    of    the    warrant,    with    sufficient    dates.     This   book 
shall   contain   an   index,   in   which   reference   shall   be   made 
to   each   demand.     Upon   the   completion   of   the   assessment- 
roll    of    any    of    the    taxes    of    the    city    or    town,    and    the 
levying   of    the   tax   thereon,   the    clerk   shall    apportion   the 
taxes    upon    such    assessment-roll,    and    make    out    and    de- 
liver  to   the   marshal   a   tax   list   in   the   usual   form,   taking 
his  receipt   therefor.     He  may  appoint  a   deputy,  for  whoso 
acts    he    and    his    bondsmen    shall    be    responsible;    and    he 
and    his    deputy    shall    have    power    to    administer    oaths    or 
affirmations,   to   take    affidavits   and   depositions   to   be   used 
in  any  court  or  proceeding  in  the  state,  and  to  certify  the 
same.     He  and  his  deputy  shall  take  all  necessary  affidavits 
to  demands  against  the  city  or  town,  and  certify  the  same 
without    charge.     He    shall    be    the    custodian    of    the    seal 
of  the  city  or  town.     He  shall  make  a  quarterly  statement 
in   writing,    showing    the    receipts    and    expenditures    of    the 
city    or   town   for    the    preceding    quarter,    and    the    amount 
remaining   in   the   treasury.     He   shall   at   the    end   of   every 
fiscal    year    make    a    full    and    detailed    statements    of    the 
receipts    and    expenditures    of    the    preceding    year,    and    a 
full   statement   of    the   financial   condition   of    the    affairs   of 


-•        MINI  -IPAt   CORPORATIONS.  910 

the  city  or  town,  which  shall  be  published.  He  shall 
perform  su<- li  other  service!  RS  this  act  and  the  ordinances 
at    tlu'    boafd    of    trustees   shall    require. 

Attorn 

879,       It    shall    be    the    duty    of    the    attorney    to    advis. 

the   city    or    town    authorities    and    officers    in    all    legal    mat- 

pertaining   to    the   business    si   laid    city    or   town.     He 

shall    receive    the   delinquent   list  and   receipt   therefor;    he 

is    authorised     to    bring    suit     in     the     name    of    the    city    or 

town,    in    the    proper    court,    for    the    collection    of    any    tax; 

- ;  .-ill  receive   for  collecting  taxes  soch  tar  eent  on   th<* 

amount  OOllCCted  as  may  he  provided  by  ordinance,  which 
said  per  cent  shall  be  collected  of  the  d< limpient  tax-payers 
Eovided  by  ordinance,  In  cast  ■  suit  shall  be  brought 
in  the  Buperior  court  upon  a  tax  upon  real  estate  to  sell 
inch  real  estate  foi  th<  purpoei  si  paying  sucli  tax  and 
costs,  he  shall  l>c  allowed,  in  addition  to  the  said  per  cent, 
twenty-five  dollars  for  each  suit  brought,  to  be  taxed  as 
costs  in  such  suit,  and  not  to  be  paid  to  said  attorney 
unless  collected  of  tio  defendant  in  such  suit,  baid  at- 
torney shall  receJre  Bueb  ether  compensation  as  may  bf 
allowed    by    the   board   of   tru.-' 

Marshal. 

The  department  of  police  of  said  city  or  town 
shall  be  under  ti,.  direction  and  control  of  the  marshal; 
and  for  the  BappreBBion  of  any  riot,  public  tumult,  dis- 
turbance of  the  peace,  or  resistance  against  the  laws  or 
public  authorities  in  the  lawful  exercise  of  their  func- 
tions, he  shall  have  the  powers  that  are  uow  or  may  here- 
after be  conferred  upon  sheriffs  by  laws  of  the  state,  and 
siiall   in   all   K  entitled   to   the   same    protection;   and 

ins  lawful  orders  shall  be  promptly  executed  by  deputies, 
police  officers,  and  watchmen  In  said  city  or  town,  aud 
i\ery  citizen  shall  also  lend  his  aid,  when  required,  for 
the  arrest  of  offenders  and  maintenance  of  public  order. 
He  shall,  and  is  hereby  authorized  to,  execute  and  return 
all  process  issued  and  directed  to  him  by  any  legal  author- 
ity. It  shall  be  his  duty  to  prosecute  before  the  recorder 
all  breaches  or  violations  of  or  non-compliance  with  any 
ordinance     which     shall     CCme     to     his     knowledge.      He     shall 

collect  all  ta\<s  levied  by  the  board  of  trustees,  except 
as  is  acsein  provided.  He-  shall,  at  the  expiration  of  any 
month,  pay  to  the   treasurer  all   taxes  and   either  funds  of 

said    city     or    town    collected     by     him     during    said     month 


Bit  MUNICIPAL    CORPORATIONS.     Act  2348,   §§  881.  VK 

He  shall,  upon  payment  of  the  money,  file  with  the  treas- 
urer an  affidavit,  stating  that  the  money  so  paid  is  all  the 
taxes  or  funds  that  he  has  collected  or  receivt  d  during 
the  preceding  month.  He  shall,  upon  the  receipt  of  any 
tax  list,  give  his  receipt  for  the  same  to  the  clerk,  and 
shall,  upon  depositing  with  the  clerk  the  delinquent  tax 
list,  take  his  receipt  therefor.  He  shall  receive  from  the 
clerk  all  licenses,  and  collect  the  same.  He  shall  have 
charge  of  the  prison  and  prisoners,  and  of  any  chain-gang 
which  may  be  established  by  the  board  of  trustees.  He 
shall  for  service  of  any  process  receive  the  same  fees 
as  constables,  but  his  fees  for  services  in  any  criminal 
action  or  proceeding  upon  process  issued  from  the  record- 
er's court  shall  not  be  a  charge  against  the  county.  He 
may  appoint,  subject  to  the  approval  of  the  board  of  trus- 
tees, one  or  more  deputies,  for  whose  acts  he  and  his 
bondsmen  shall  be  responsible,  whose  only  compensation 
shall  be  fees  for  the  service  of  process,  which  shall  be 
the  same  as  those  allowed  to  the  marshal.  He  may  also, 
with  the  concurrence  of  the  president  of  the  board  of 
trustees,  when  the  same  may  be  by  them  deemed  neces 
sary  for  the  preservation  of  public  order,  appoint  addi- 
tional policemen,  who  shall  discharge  the  duties  assigned 
them  for  one  day  only.  He  shall  perform  such  other  ser- 
vices as  this  act  and  the  ordinances  of  the  board  of 
trustees  shall  require,-  and  shall  receive  such  compensa- 
tion as  sball  be  fixed  by  ordinance.  [Amendment  approved 
March  13,  1903.     Stats.  1903,  p.  135.     In  effect  immediately.] 

Compensation    fixed    by    board. 

Sec.  881.  The  board  of  trustees  shall,  by  ordinances 
not  inconsistent  with  the  provisions  of  this  chapter,  pre- 
scribe the  additional  duties  of  all  officers,  and  fix  their 
compensation. 

Article   \. — Judicial   Department. 
Kecorder's   court. 

Section  882.  A  recorder's  court  is  hereby  established  in 
such  city  or  town,  to  be  held  by  the  recorder  of  such  city  or 
town.  Said  recorder's  court  shall  ha  ,e  jurisdiction,  concur 
rently  with  the  justice's  courts,  of  all  actions  and  proceed- 
ings, civil  and  criminal,  arising  within  the  corporate  limits 
of  such  city  or  town,  and  which  might  be  tried  in  such  jus- 
tice's  court;  and  shall  have  exclusive  jurisdiction  of  all  ac- 
tions for  the  recovery  of  any  fine,  penalty,  or  forfeiture  pre- 


\ct  2HS,  §§  S83.  SS4     MUNICIPAL,    CORPORATIONS.  9U 

scribed  for  the  bread)  of  any  ordinance  of  such  city  or  town, 
of  nil  actions  founded  upon  any  obligation  created  by  any 
ordinance,  ami  of  all  prosecutions  for  any  violation  of  any 
ordinance.  Tn  all  civil  action!  for  the  recovery  of  any  fine, 
penalty,  or  forfeiture  prescribed  for  the  breach  at  any  ordi- 
nance of  such  city  or  town,  where  the  fine,  penalty  or  for- 
feiture iinposi  c]  by  the  ordinance  is  not  more  than  fifty  dol 
bus,  the  trial   must  be  by  the  court,  in  civil  actions  win  re  the 

fine,  penalty  or  forfeiture  prescribed  for  the  breast  sf  any  or- 
dinance of  such  city  or  town  is  over  fifty  dollars,  the  defend- 
ant  is  entitled  to  a  jury.      Exeept  as  iti  this  section  otherwise 

•  led,  the  rubs  of  practice  :md   node  of   proceeding  in 

said  recorder's  eoaii   shall  be  H  ay   be 

ribed   by   law   fur  justices'1   eoorts   in    lik  and 

appeal!  may  h>     taken   to   the   BOperioZ  court   of   the  county   in 
which  such  city  or  town   may  be  situnb  d,  from  all  judgmi 
of  said  recorder 'fl  court,   in   like   manner  and   with   like   effect 
as   is  from    juel  [Amendment 

approved    March    7,    LO  1905,    p.    73.     In    effect    in 

Bixty  days.] 

Powers   of  recor.br  as  judge, 

883.     The  record)  r  shall  be  judge  of  the  recorder's 

court,    and    shall    have    the    powers    and    perform    the    duties 

of  a  magistrate.     He  may  administet  and  certify  oaths  and 

affirmations,    and    take    and    certify    ackr.owh  dgSM  nts.       He 
shall    be  entitled   to   charge  and   nv.  ive    for  hi<  such 

fees   as    are    or    may    be    allowed    by    law    for    justices    of    the 
•  pi   that   f<      hil  -  in   crim- 

inal  prosecutions  lor  violation  of  ordinal;  ,!]   be  en- 

title.1  to  reci  board  of  trustees  shall 

by   ordinance    prescribe;   but    hie  r   services   in   any 

inal  case  shall  not  be  a  charge  against  the  county. 
[Amendment  became  a  law  under  constitutional  provision 
without  governor's  approval  March  12,  1901.  Stats.  1901, 
p.    269.      In    effect    immediately.] 

rd<  r  disqualified  as  judge  in  certain  c 

Sec.  834.     In   all  cases  in   which   the   recorder  is  a   party, 

or    in    which    be    is    interested,    or    when    hi     is    related    to 

either   party   by   consanguinity  or   affinity   within   the  third 

!,.,   or   is  otherwise   disqualified,  or   in   ca 

inability  to  acl .  'rd<  r  may  call  in  s  ;  the 

peaei    residing   in  the  city  or  town  to  act   in   bis  place  and 

1;    or    if    there    be    no   justice   of    the    peac<     residing    in 


913  MUNICIPAL    CORPORATIONS.  Act  2319 

the  city  or  town,  or  if  all  those  so  residing  are  likewise 
disqualified,  then  he  may  call  in  any  justice  of  the  peace 
residing  in  the  counts  in  which  such  city  or  town  may  be 
situated. 

Article  VI. — Miscellaneous  Provisions. 
Collection  of  moneys. 

Sec.  885.  Every  officer  collecting  or  receiving  any 
moneys  belonging  to  or  for  the  use  of  such  city  or  town 
shall  settle  for  the  same  with  the  clerk  on  the  first  Mon- 
day in  each  month,  and  immediately  pay  the  same  into 
the  treasury,  on  the  order  of  the  clerk,  for  the  benefit  of 
the  funds   to   which   such   moneys   respectively  belong. 

No  officer  to  be  interested   in   any  public   contract. 

Sec.  886.  No  officer  of  such  city  or  town  shall  be  inter- 
ested, directly  or  indirectly,  in  any  contract  with  such  city 
or  town,  or  with  any  of  the  officers  thereof  in  their  official 
capacity,  or  in  doing  any  work  oi-  furnishing  any  supplies 
for  the  use  of  such  city  or  town,  or  its  officers  in  their 
official  capacity;  and  any  claim  for  compensation  for  work 
done,  or  supplies  or  materials  furnished,  in  which  any  such 
officer  is  interested,  shall  be  void,  and  if  audited  and  al- 
lowed shall  not  be  paid  by  the  treasurer.  Any  willful  vio- 
lation of  the  provisions  of  this  section  shall  be  a  ground 
for  removal  from  office,  and  shall  be  deemed  a  misdemeanor, 
and  punished   as  sueh. 

ACT  2349. 

An   act   to   validate   the   organization    and   incorporation   of 
municipal  corporations  of  the  sixth  class. 

[Approved  February  16,   1903.     Stats.   1903,  p.  29.] 

Tue  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.     All  municipal  corporations  of  the  sixth  class, 
the   organization  and  incorporation  of  which  have  been  au- 
thenticated  by  an   order   of   a  board   of  supervisors   in   this 
state    declaring   the   same   incorporated   as   municipal   corpo- 
rations  of    the   sixth    class,    and    a    certified    copy    of   which 
order   has   been   filed   by   such   board   of   supervisors   in   the 
office  of  the  secretary  of   state,  showing  such   copy  of  said 
order   to   have    been   filed   in   said    office,   and    which   corpora- 
tions   thereafter    have    acted    in    the    form    and    manner    of 
Gen.  Laws;— 58 


Act  23.V),  }  1  \L  CORPORATIONS.  914 

municipal  corporations  under  the  provisions  of  "An  act  to 
provide  tiori,    incorporation,    and    govern- 

ment of  municipal  corporations,"  Approved  March  thirteenth, 
eight  n  '1    :m>l    eighty-throe,    and    the    amendments 

therei  !   to   h  ■   an  J   to  have   been  mu- 

al  cOrpoi  "  •  ■     Blase    ft  us    I  ■  -    date   of 

filing  the  certified  laid  order  of  the  board  of  super- 

•  nd   all   the   acts  of  the 

said    municipal  I   fore   exercised   according 

l.  are  herehy  validated  and  declared  as 

-all  take  effect  from  and  after  its  pas- 
i tul  approval. 

ACT  2350. 

An  act  enl  I  act  to  enable  municipal  corporations 

of  the  sixth  Aiccrs.  " 

[Approved  March  11.  1885.    Stats.  1885,  p.  136.] 
Petition   for   appoii  commissioners  of  (lection. 

■  n    i.     Whenever   ■    corporation   of   the   sixth    (lass 

shall    have    failed,    from    any    cause,    to    elect    officers    in    ao- 
with  its  charter,  and  there  are  no  officers  to  carry 
,,,,    tii.-    city    government,   or    call    an    election    f<>r  officers. 
in  any  such  case  citij  cb  corporation   may  present 

.,    petition    to    th<  r  i'1"   appointment  of  three 

,.,,„,.  -       :     petition    shall     Bet     forth: 

1.   The    name    of    the  "•    and    when,    anil    how    or- 

2,   When    the    lasl    election   for  officers   took   place, 
and    whether    aoj  h    officers    are    performing    their 

duties,  and   if   not,  how   long   since  they  ceased   to  perform 

of    the    chart  the 

qualifications    of    voters;     t.  That    the    persons    signing    the 

e  qualifications  provided   by   the  charter 

f0J  each  of  a  id   signers  is  a  householder 

and    freeholder   in    said    corporation.     The    petition   shall    be 

nty-five    p<  rsons    p 
all  the  qualil  ed  in  th<    body  of  the  petition, 

'.,„, i   Bbafl   1"    verified  by  at   least   two  of  the  signers,   that, 
of  tll,  ir  0  tition   is  true,   :ind   that   all 

(lii         __  I  ideations    set    forth    in    the 

'. ,.  of  the   p(  tition   to   the   . 

.,,.    may    i  ■  •     upon    the    petition    or    r<  quire 

additional  evidence  of  the  matters  sel   forth  in  tin    p.  tition 


915  MUNICIPAL,  CORPORATIONS.  Act  2350  §§  2.  3 

Upon  beiDg  satisfied  of  the  truth  of  the  matters  set  forth 
in  the  petition,  the  governor  is  authorized  and  empowered 
to  appoint  three  persons  as  commissioners  of  election  for 
such  corporation.  Such  commission  shall  be  known  and 
styled  "Board  of  election  commissioners  for"  (here  give 
name   of   corporation). 

Appointment  of  commissioners. 

Sec.  2.  The  governor  shall  cause  a  commission  t'-i  be 
issued  to  the  commissioners,  and  the  issuance  of  such 
commission  shall  be  conclusive  evidence  of  the  regularity 
of  all  proceedings  to  and  including  the  appointment  of 
such  commissioner.  Within  ten  days  after  their  appoint- 
ment, the  commissioners  shall  take  the  oath  of  office  be- 
fore some  judge  or  clerk,  which  oath  shall  be  indorsed 
upon  the  commission,  and  a  copy  filed  in  the  office  of  the 
secretary  of  state,  and  shall  organize  by  the  election  of  a 
president  and  secretary  from  their  own  members.  The 
board  shall  cause  to  be  kept  minutes  of  all  their  proceed- 
ings, which  minutes  shall  be  signed  at  the  close  of  each 
meeting  by  the  president  and  secretary. 

Powers   of   commissioners. 

Sec.  3.  The  board  of  election  commissioners  shall  have 
power:  First,  by  an  order  entered  in  their  minutes,  to  call 
an  election  for  such  officers  as  are  declared  in  the  charter 
of  such  corporation  to  be  elected  only  by  the  voters  in  said 
corporation.  Such  o  ders  shall  specify  the  names  of  the 
offices  to  be  filled,  and,  when  any  office  is  to  be  filled  by 
an  election  in  any  ward  or  subdivision  of  said  corporation, 
-the  order  shall  so  state,  and  the  date  fixed  for  the  election. 
Previous  to  the  election,  the  board  shall  appoint  officers  of 
election,  and  fix  the  places  of  holding  the  election,  as  re- 
quired in  the  charter  o^  such  corporation.  The  board  shall 
cause  notice  of  such  election  to  be  published  in  one  or  more 
newspapers  published  in  said  corporation;  or  if  none  be 
published  therein,  then  by  posting  notices,  for  at  least 
twenty  days  before  such  election.  Such  election  shall  be 
conducted  as  required  by  the  charter  of  said  corporation 
icr  the  election  of  officers,  except  that  it  shall  not  be  neces- 
sary to  use  printed  registers,  but  should  any  voter  be 
challenged  on  the  ground  that  his  name  does  not  appear  on 
the  great  register  of  the  county,  it  shall  be  sufficient  for 
him  to  state,  under  oath,  that  he  believes  his  name  is  upon 


Act  C3o0.  J  5  4-6  MUNICIPAL  CORPORATIOMS.  »W 

the  great  register,  anil  if  do  other  evidence  is  offered,  the 
board  of  election  shall  accept  his  statement  as  true. 

•  ion    returns. 
Sec.    1.     The   board!  of  election    shall   make   return   of  the 
OX    U    n  quired    in    the   chart'  r.    i  scept    that    the   returns 

shall  be  returni  bo  tie   board  of  election  com- 

missioners, of  all  officers  voted  <<>r  at  such  election,  with- 
out t  ■  r  any  of  such  officers  were  voted  fur 

in  the  whole,  or  inly  a  ward  or  subdivision  of  the  corpora- 
tion, and  no  offices  of  election  shall  issue  a  certificate  of  elec- 
tion. 

Canvassing  returns. 

Within  five  days  after  the  election  the  board  of 
tion  commissioners  shall  proceed  to  canvass  said  re- 
ti  rns  and  declare  what  persons  were  elected.  Said  board 
shall  thereupon  issui  certificates  of  election  to  the  persons 
so  declared  to  i,.  elected;  such  certificate  shad  he  sigiud 
by   all    the    conuniG  ind    shall   be   conclusive   eviilence 

of   t  rity   of  all   the   proceedings   taken   in  said   elec- 

tion   and    by    "aid    board,    except    as   against    any    suit   <t    pro- 
Dg    that    may    lie    commenced   to   oust    from   office   any   of 
sain  .    holding   a    C(  i 

■  r  qualifying. 

Within    ten   days   after   issuance  of  the   certifies 

the    I  .li    In     ijuaiiii'  ,1    and    •  liter    upon    the    •; 

Oi     tiieir    duties,     in     accordance     with     the    charter.      If    any 

ball    fail    to   take    the   oath   of 

and    clIi  r    upon  duties    within 

the    time    abo  office    to    which    he    shall 

have    In  en    elected    Bhall    be    deemed    and    held    to    be    vacant, 

same   as   if   he   had   never  At    the   first 

ting  of  the  legislative  department  of  the  corporation 
after  the  election^  the  board  ot  i  lection  commissioners  shall 
deliver  to  said  legislative  department  all  books  and  papers 
iu  their  possession,  relating  to  their  I   election  com* 

missioners,  and  said   Legislative  department  shall  cause  the 
same    to    be    filed    by    their    clerk,    and    shall    cause    the    com- 
ion    issued    by    the    governor    to    said    comn  .    and 

i  he   minutes  oJ  ommiasioners,  and   notice  of   the  • 

tion,  t,,   be  entered   in   the  book  of   minutes  of  said    '■ 
department,    and    such    entries,    when    so    made,    shall    lie    evi- 
dence  of   all   the    matters   therein    stated,   and   as   conclusive 
evidence  as  the  original. 


917  MUNICIPAL   CORPORATIONS.  Act  2351,  §  1 

Effect  of  elections. 

Sec.  7.  Whenever  the  officers  elected  at  such  election, 
and  the  officers  authorized  by  the  charter  to  be  elected  or 
appointed  by  the  legislative  or  executive  department  of 
said  corporation,  shall  have  qualified  and  entered  upon  the 
discharge  of  their  duties,  then  said  corporation  shall  be 
deemed  and  held  to  be  fully  organized  and  in  operation,  as 
if  said  election  had  been  held  at  the  time  and  in  all  re- 
spects in  the  manner  required  by  the   charter. 

Resolution  as  to  organization. 

Sec.  8.  Whenever  the  government  of  the  corporation  is 
in  full  operation,  as  set  forth  in  section  seven,  the  legis- 
lative department  shall  cause  a  resolution  to  be  entered 
in  their  minutes  declaring  the  same;  and  such  resolution 
shall  be  conclusive  evidence  of  the  same,  except  as  against 
a  direct  action  or  proceeding  to  set  aside  or  annul  said 
government. 

Sec.  9.  This  act  shall  take  effect  from  and  after  its 
passage. 

ACT    2351. 

An  act  to  provide  for  the  disincorporation  of  municipal  cor- 
porations of  the  sixth  class. 

[Approved  March   26,   1895.     Stats.    1895,  p.   115.     Amended 
1897,  p.   17;   1899,  p.   13.] 

Cal.   Rep.    Cit.    117.   362;     118,   392. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  A  municipal  corporation  of  the  sixth  class 
may  disincorporate  after  proceedings  had  as  required  in  this 
act.  The  council,  the  board  of  trustees,  or  other  legislative 
body  of  such  corporation  shall,  upon  receiving  a  petition 
therefor,  signed  by  not  less  than  half  of  the  qualified  electors 
thereof,  as  shown  by  the  vote  cast  at  the  last  municipal 
election  held  therein,  submit  to  the  electors  of  such  corpora- 
tion the  question  whether  such  municipal  corporation  shall 
disincorporate.  Such  question  shall  be  submitted  at  a  special 
election  to  be  held  for  that  purpose,  and  such  legislative  body 
shall  give  notice  thereof  by  publication  in  a  newspaper 
printed  or  published  in  such  corporation,  or  if  there  is  no 
newspaper  published  in  said  corporation,  then  in  some  news- 
paper published  in  the  county  in  which  said  corporation  is 
situated,  for  a  period  of  thirty  days  prior  to  such  election. 
Said  notice  shall  state  that  the  question  of  disincorporating 


ActUfcl,  S  1  MTNiriPAL  CORPORATIONS.  »W 

said  corporation  will  be  submitted  to  the  legal  voters  of 
the  same  at  the  time  appointed  for  such  election,  and  the 
electors  shall  be  invited  thereby  to  vote  upon  such  propo- 
sition by  placing  upon  their  1. allots  the  provided 
by  law  after  I  ■  diaincorporation,"  or  «« Against 
diaincorporation."  Bneh  legislative  body  shall  also  dea^g- 
in  said  ootice  th(  t  which  the  polls 
Will    be    open    In    said    municipal    corporation;    and    shall    also 

appoint    and    ■  in    Buch    ootice    the    names   of   the 

officers  of  election.  The  vote  at  said  election  shall  be  taken, 
canvassed,  and  returned  in  th*  »a»e  manner  as  in  other 
municipal   elections.     Buch   legislative  body    shall    tneei    on 

the   Mon  M',n-  .*» 

,,ro,  "  it*e  ]"uu:\bJa 

the    canvass   of    said    votes    that    less    than    two    thirds  of  the 

V(ltl.  r(.   in   favor  of  disincorporation,  such  legisla- 

tiv,.  i  declare  the  petition  for  disincorporatipn  <  e- 

„i,,l    in'whir  new   election   shall  be   held  on   the 

ourstion  of  disincorporating  the  corporation  involved  in  said 
petition  and  vote  until  a  ipiration  ol  t*  from 

date  of  the  election  so  held.  Tn  case  it  shall  appear  from 
said  canvass  that  two  thirds  of  all  votes  cast  were  Jo  favor 

or    disin.orporation.    said    leC  ,     shall     under      .u.r 

hands,   make  and  file  in  theii  to   be  en 

upon  their  record  of  proceedings,  an  order  that  the  petition 
for  such  disincorponation  b.  and  declaring  that  such 

corporation   be   disincOJ  B«id   order   to    take   etlect   at 

the  time  h<  r.  inafter  pxovidi  di 

d    legislative    bo.lv    shall,    in    case    said    corporation    is 
so    disincorporated,    forthwith    cause    their    clerk     or    other 

r  performing  the  duties  of  clerk,  by  an  Older  en1 
in  their  minutes,  to  make  and  transmit  to  th<  s.  mtary  of 
state  and  board  of  supervisors  of  the  county  in  winch  said 
corporation  is  situated,  a  certified  copy  ami  abstract  of  he 
notiee  of  election  hereinbefore  provided  for,  the  «hole 
nomber  of  electors  voting  for  said  diaincorporation,  and 
th„  n;mi„r  of  electors  voting  against  said  diaincorpora- 
tion     Thirty  days  from  and   after  the   holding  ol  the  eloc- 

„n.    in    case     .wo    thirds    ,  «£    *■ 

,-:lvor  of  said  disincorporation  said  municipal  «"1P"*" 
shall  be  forever  disincorpor  tive  bo Hy shall 

forthwith,  after  ascertaining  by  said  canvass  that  said  d^ 
ncorporation    has    been    cai  ermine    the    amount   of 

,  ,   iuli,  ,,1   municipal  corporation,   the  amount 

S  non,.v  in  the  treaaury  thereof,  and  the  amount  ol  any 
tax   levy  made   by  said  corporation   unpaid  or  and 

nil    other    in-  -    due    or    coining   du< 


919  MUNICIPAL,    CORPORATIONS.  Act  2351,  §     1 

tion,  and  within  thirty  clays  from  the  date  of  said  election 
shall  transTnit  a  certified  statement  of  said  amount  to  the 
board  of  supervisors  of  the  county  in  which  said  municipal 
corporation  is  situated;  and  the  treasurer  of  said  corpora- 
tion shall  before  the  expiration  of  said  thirty  days,  turn 
over  to  the  treasurer  of  said  county  all  moneys  of  said 
municipal  corporation  in  his  possession,  and  said  county 
treasurer  shall  place  said  moneys  in  a  special  fund,  to  be 
drawn  upon  as  hereinafter  provided  for.  Upon  the  disin- 
eorporation  of  said  municipal  corporation,  every  public  offi- 
cer of  said  corporation  shall  immediately  turn  over  to  the 
board  of  supervisors  of  the  county  in  which  said  corpora- 
tion is  situated,  all  public  property  of  every  nature  and  de- 
scription in  their  possession;  provided,  however,  that  all 
court  records  of  the  recorder's  court  of  the  said  municipal 
corporation  shall  be  retained  by  said  recorder  as  justice  of 
the  peace  of  the  township,  and  as  such  justice  of  the  peace 
he  shall  have  authority  to  execute  and  complete  all  unfin- 
ished business  standing  on  the  same.  Nothing  contained  in 
this  act  shall  be  held  to  relieve  said  municipal  corporation, 
or  the  territory  included  within  it,  from  any  liability  for 
any  debt  contracted  by  such  municipal  corporation  prior 
to  its  disincorporation.  All  warrants  for  said  indebtedness 
shall  be  drawn  by  the  board  of  supervisors  of  the  county  in 
which  said  municipal  corporation  is  situated,  on  the  fund 
hereinabove  provided  for  in  the  county  treasury.  If,  at  the 
time  of.  said  disincorporation,  a  tax  shall  have  been  levied 
by  said  municipal  corporation,  and  remains  uncollected, 
it  shall  be  the  duty  of  the  tax  collector  of  the  county 
in  which  said  municipal  corporation  was  situated  to  col- 
lect said  tax  when  due,  and  pay  the  same  into  the  county 
treasury.  All  property  upon  which  any  municipal  tax  has 
been  levied  and  the  same  has  become  delinquent,  either 
before  or  after  the  date  of  such  disincorporation,  and 
all  property  sold  for  any  tax  levied  by  said  municipal  cor- 
poration, may  be  redeemed  by  any  party  interested,  by  the 
payment  to  the  county  treasurer,  upon  the  estimates  of 
the  auditor,  of  the  money  that  would  have  been  necessary 
to  redeem  such  property,  had  said  city  not  disincorporated. 
All  moneys  paid  into  the  county  treasury  under  the  pro- 
visions of  this  act  shall  be  placed  to  the  credit  of  the 
special  fund  hereinbefore  provided  for.  If,  at  any  time 
after  the  disincorporation  of  such  municipal  corporation, 
it  should  be  found  that  there  is  not  sufficient  money  in 
the  treasury  to  the  credit  of  the  fund  hereinabove  pro- 
vided for,  with  which  to  pay  any  indebtedness  of  said 
municipal     corporation,    the    board    of     supervisors    of     said 


Act  2CD1.  §  2  MUNICIPAL  CORPORATIONS.  920 

county    slinll    have    the    pow<  r.    ;uk1    it    shrill    bo    their    duty 
.y,  and    there  shall    l»-    collected    from    the    territory 
formerly   included    within    said     municipal     corporation,    a 
«nt  in  amount  to  pay  the  said  indebted* 
dcss,  of  said  municipal   corporal  tame  shall  be- 

come  due;    BUCh    tax    or    tal  ions 

shall  be  made   In  manner  and  at   the  aaste  time 

that   other   taxis  of  Baid   county   arc   levied   and   collected, 
and  shall   be  an  additional   tax  npon  the  property  included 
within   said    territory    for   the   payment   bi  said   debts.     I  f, 
the   debts  municipal   corporation, 

tin  n  shall  remain  any  surplus  in  the  hands  of  amid  county 
urn  to  the  credit  of  the  fund  hereinbefore  men- 
tioned, I  i"ur  shall  1m  traaaferred  to  the 
school  fund  of  the  districts  or  district  covered  b*)  said 
municipal  eorporation.  ipproved  February 
17,                                         p.   13.] 

See,.  2.     The  hoard  of  sorg  of  the  county  in  which 

such    munici]  ration    lias    been    disincorporated, 

shall    have    tl  r,    and    H     shall    be    tin  ir    duty,    if    thi 

board  of  trusteee  or  ol  ative  body  of  such  corpora 

tion  shall  fail  or  refuse  to  return  t..  -ai.l  board  of  sup<  r 
vis.ns  the  statement  of  said  amounts  as  hereinbefore  in 
this   act    provided,  ertain    the    indebtedness   of   said 

municipal  corporation  at  the  time  of  it<  disineorporation, 
and  the  amount  of  tnonej  in  its  treasury  and  the  .amount 
due  to  it  at  the  said  time.  Baid  board  <»f  supervisors  shall 
make  provision  for  the  collection  of  the  amounts  due  to 
said  municipal  corporation,  and  for  the  closing  Up  of  it-! 
affairs,    and     any    act    or    B  Mary    for    such    pur 

and    not    otherwise    herein    provided    for,    shall,    upon 

ordi  r    of  rd    of    sn  directing    the    sano      I 

as    fully    done     and     performed    by    the    officer    or    oiv 
performing    similar    duties    loi    the    said    county,    and    with 
;1S   full  if   the   same   had   been    performed   by  tie 

proper  of  ser  "f    said    municipal    corporation,    before    dish. 

■oration,    and    sail    county    shall    succeed    to    and    po- 
all    the   rights   of    said     municipal    corporation    in    and    to 
t;1id    ind  and    shall     have     power     to     aue     for     or 

lect    any     such     di  Ids,    in     the     name     of     the 
county.     All   costs   and  -     rtaining  the    ; 

iiIk  fore     no  ntion<  d,    and    all    ol I 
incurred    by    tin     1  tors    in     the     execution     of 

th«?  ind   duties  •  ■(  Baid   board    <>f    supervisors,    pro 

d    for   in    this   act,   shall    In-    paid    out    of   the   special    fund 
in    said    county    treasury    h  re    in    this    act    provided 


921  MUNICIPAL    CORPORATIONS.  Acts  2352-2354 

for.  All  provisions  of  this  act  relating  to  the  settlement 
of  a  municipal  corporation  after  disincorporation  shall  be 
applicable  to  the  winding  up  of  the  affairs  of  any  disin- 
corporated municipality  whether  disincorporated  before 
or  after  the  passage  of  this  act.  [Amendment  approved 
February  17,  1899.     Stats.  1899,  13.] 

Sec.  3.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  2352. 

To   provide   for    the    reorganization    of    municipal    corpora- 
tions   and     for     determining     the     population     thereof. 
[Stats.  1899,  p.  75.] 
This  act  related  to  cities   of   the   sixth  class. 

ACT  2353. 

To  provide  for  the  ownership  of  property  and  the  winding 
up  of  the  affairs  of  municipal  corporations  disincor- 
porated under  the  provisions  of  an  act  of  the  legis- 
lature of  the  state  of  California,  entitled  "An  act  to 
provide  for  the  disincorporation  of  municipal  corpora- 
tions of  the  sixth  class, ' '  approved  March  26,  1895, 
when  two-thirds  or  more  in  value  of  assessable  prop- 
erty within  the  former  limits  thereof  shall  be  included 
within  the  boundaries  of  any  subsequently  incorporated 
city  or  town.  [Approved  February  17,  1899.  Stats. 
1899,  p.  17.] 

ACT    2354. 

An  act  concerning  municipal  corporations. 
[Approved  March  9,  1885.     Stats.  1885,  p.  31.] 
Validating  acts  of  municipal  corporations. 

Section  1.  All  municipal  corporations,  whose  incorpora- 
tion has  been  or  may  hereafter  be  authenticated  by  an 
order  of  any  board  of  supervisors  in  this  state,  declaring 
the  same  incorporated  as  a  municipal  corporation,  and  a 
certified  copy  of  which  order  has  been  or  may  hereafter 
be  filed  by  such  board  of  supervisors  in  the  office  of  the 
secretary  of  state,  and  which  have  heretofore  been  or  may 
hereafter  be  organized  under  a  certificate  from  the  secre- 
tary of  state,  showing  such  order  to  have  been  filed  in  his 
office,  and  which  thereafter  have  acted,  or  hereafter  may 
act,  in  the  form  and  manner  of  a  municipal  corporation, 
under  the  provisions  of  an  act  entitled  "An  act  to  provide- 


Acts  2365,  235C  Ml'NMPAL   CORPORATIONS.  925 

for  the  organization,  incorporation,  and  government  of 
municipal  corporations,"  approved  March  thirteenth,  eigh- 
teen hundred  and  eighty-three,  are  hereby  declared  to  !•■• 
and  to  have  been  municipal  corporations  from  the  date 
of    filing   the    certified  said    order   of    the    board    of 

supervisors   with    the    secretary   of   Bl  all    the   acts 

of     saiii    municipal    corporations     heretot  ised,    or 

which    may    be    hereafter   exercised,   according    to   the   act 
aid,  are  in  rei.v  validated  and  declared  to  be  l< 

8,    This  act  shall  ;  I  immediately. 

ACT    2355. 

An    act    to    validate   the    organization    and   incorporation   of 
municipal    corporations. 

[Approved    March    17,    1897.     Stats.    1897,    p.    168.] 

The   people  of   the  state  of  California,  represented  in  si  nate 
and    assembly,   do   enact-    as    follows: 

■  a    i.     All    municipal    corporations,   the    org 

and    incorporation    of    which    have    been    authenticate,!    l,y    an 

order  of  a  board  of  in  d»  daring  the 

same    Incorporated    as    muni.  'orations   of   thi 

to  which  such  corporations  may  respectively  belong,  and  a 

certified    Copy    of    which    order    lias    b.  en    filed    by    such    board 

of  supervisors  in  the  office  of  the  secretary  i  I  iow- 

Lng  such  copy  of  sai  1  order  to  have  he.  rj  81<  d  in  said 
office,  and  which  corporation-  thereafter  have  acted  in  the 
form  and  manner  of  municipal  corporations  under  the  pro- 
visions of  "An  act  to  provide  for  the  organization,  incor- 
poration, and  government  of  municipal  corporations,"  ap- 
proved March  thirteenth,  eighteen  hundred  and  eighty- 
three,  and  the  amendments  thereto,  are  hereby  declared  to 
1„.  ;,,i,i  to  have  been  municipal  corporations  from  the  dat  • 
of  filing  the  certified  copy  of  said  order  of  the  board  of 
supervisors  with  the  secretary  of  state;  and  all  the  acte 
the  said  municipal  corporations  heretofore  exercised  ac- 
cording to  the  act  aforesaid,  are  hereby  validated  and  de 

dared    as    li  gal. 

Sec.    2.     This    act    shall    take    effect    from    and    aft<  r    its 
passage  and   approval. 

ACT   2356. 

\u    act    to    yalidati     proc.ei  ;  i  :-    for   the    reo  o    of 

municipal    corporal  if   the 


923  MUNICIPAL    CORPORATIONS.  Acts  235T-2359 

act  entitled  "An  act  to  provide  for  the  organization, 
incorporation,  and  government  of  municipal  corpora- 
tions," approved  March  13,  1883.  [Stats.  1887,  p.  150. J 
[Approved  March   16,   1SS9.     Stats.   18S9,   p.   203.] 

Acts  of  municipal  corporations  validated. 

Section  1.  All  cities  and  counties,  cities,  or  towns  re- 
organized, or  claiming  to  have  been  reorganized,  since  the 
passage  of  the  act,  thi  title  of  which  is  recited  in  the  title 
hereof,  or  which  have  attempted  since  said  date  to  reor- 
ganize or  incorporate  under  the  provisions  of  said  act, 
and  have  acted  as  municipal  corporations  since  such  re- 
organization, are  hereby  declared  to  be,  and  to  have  been 
from  the  date  of  such  reorganization,  or  attempted  reor- 
ganization, duly  and  legally  incorporated  and  reorganized 
cities,  and  all  proceedings  for  the  reorganization  of  such 
municipal  corporations  are  hereby  validated  and  declared 
legal. 

ACT   2357. 

To  validate  proceedings  for  the  reorganization  of  munici- 
pal corporations  taken  since  the  passage  of  the  act 
entitled  "An  act  to  provide  for  the  organization,  in- 
corporation, and  government  of  municipal  corpora- 
tions," approved  March  13,  1883.     [Stats.  1887,  p.  150.] 

ACT    2358. 

To  validate  proceedings  for  the  reorganization  of  munici- 
pal corporations  taken  since  the  passage  of  the  act 
entitled  "An  act  to  provide  for  the  organization,  in- 
corporation, and  government  of  municipal  corpora- 
tions," approved  March  13,  1883,  and  also  since  the 
passage  of  the  act  entitled  "An  act  to  provide  for  the 
classification  of  municipal  corporations,"  approved 
March  2,  1883.      [Stats.  1891,  p.  92.] 

ACT    2359. 

An   act    to    enable    cities   incorporated   and   operating  under 
a  charter  framed  under  section  eight,  article  eleven,  of 
the    constitution,    to    abandon    and    annul    such    charter, 
and  organize  under  general  laws. 
[Approved  March   27,   1897.     Stats.   1897,  p.   200.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enate  as  follows: 
Section     1.     The     common     council,     or     other     legislative 

body  of   any   city   in    this   state,   operating   under   a   charter 


Acts  2360,  2361  MfNICIPAL  CORPORATIONS.  424 

framed  under  section  eight,  article  eleven,  of  the  consti- 
tution, shall  have  pow<  r.  and  it  shall  be  their  duty,  when- 
ever a  petition  is  presented  ho  them,  signed  by  one-half 
of  the  qualified  electors  of  such  city,  by  ordinance,  to  sub- 
mit to  the  qualified  <l<<'tors  of  such  city  at  any  general 
•  lection,  the  question  whether  such  city  shall  abandon 
such    charter   and    I  under    tin     general    laws   of    the 

state    providing    for     the     organization,     incorporation,      and 

rnmeal  of  municipal  corporations.  Such  election  shall 
be  called  and  held  in  accordance  with  the  provisions  of 
kucIi  charter  tor  calling  and  holding  elections,  and  if  two- 
thirds   of   such   qualified    electors    voting    at    such   election 

sliall    vote    to    abandon    such    charter    ami    reorganise    under 
the    genenJ    laws    of    the    state    providing    for    the    organiza- 
tion,   incorporation,    and    government    of    municipal    corpora - 
.    BUCfa    city      shall,     from     and     after     the     thirtieth     day 

after  such  election,  cease  to  1"  organised  under  such 
charter,  and  such  charter  shall  b<  superseded  by  sai«l 
general     laws,     and     organized     thereunder.      En     case      such 

proposition  shall  fail  t>i  receive  thi  vote  of  two-thtods 
of  such  electors,  then  the  proposition  for  the  abandonment 
of  such  charter  and  reorganization  under  the  general  laws 
shall    not    1m-    again    submitted    for    two   years. 

Sec.  2.  All  officers  of  .sue'h  city  shall  continue  in  office, 
and  their   pow<  ra   und<  r  said   charter  shall    n<  until 

officers  shall  have  1m  i  ii  dieted  and  qualified  under  said 
general    laws. 

Sec.   3.     This  act   shall   take   effect   immediately. 

ACT   2360. 

To    authorize    municipal    corporations    of    the    first    class    to 

obtain    public    water-works.      [Stats.    1885,    p.    42.J 

K,  pealed    1889,    399. 

caL  Rep    at.   74,  va. 

ACT    2361. 

To    authorize    the    incurring    of    indebtedness    by    municipal 
corporations   for    the    construction    of    waterworks,    sew- 
ers,  etc.      [State.    1889,   p.   3«>y.J 
Amended    1891,    84,    94.    132;     1893.    61. 
Cal      Rep.     Clt.     104.    519;      104.    521;      107,    465;      107.    469;      107.    473;      119. 
626;      121,    103;      122.     7^  .  138,     243;      142.    $99;      142.    IS 

701;      144,    393. 

•This     latt.-r    amendment     atti  m,  ted     to     !>•  •:.     Mi 

chap.  97.  but  such  repeal  declared  unconstitutional  in  «'ity  of  l>)» 
Angeles    v.    Hance,    122    Gal.    78.  "—Code    Commissioners' 


925  MUNICIPAL    CORPORATIONS.  Act  2362,  §§  l-i 

ACT   2362. 

An  act   to   authorize   cities   to   acquire   and   operate    a   joint 
system  or  systems  of  water  supply. 

[Approved   March   24,    1903.     Stats.    1903,   p.    405.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do   enact   as   follows: 

Section  1.  Any  two  or  more  cities  incorporated  under 
the  constitution  and  laws  of  this  state  are  hereby  em- 
powered to  jointly  acquire  and  develop  a  source  or  sources 
of  water  supply  for  municipal  and  domestic  purposes,  and 
to  construct  the  works  necessary  for  their  joint  and  sev- 
eral purposes  and  needs. 

Sec.  2.  Whenever  the  legislative  body  of  a  city  deems 
it  advisable  to  investigate  the  desirability  of  joint  action 
with  any  other  city,  or  cities,  for  acquiring  and  main- 
taining a  water  supply,  such  legislative  body  shall  pass 
a  resolution  to  that  effect,  and  thereupon  the  mayor  of  said 
city  shall,  with  the  consent  and  advice  of  said  legislative 
body,  appoint  three  commissioners  to  confer  with  like 
commissioners  from  any  other  city.  Said  commissioners 
from  the  respective  cities  shall  meet  and  consider  the 
question  of  the  desirability  of  their  respective  cities  taking 
joint  action  to  acquire  and  develop  water  supply  for  their 
respective  cities,  and  the  plans,  terms  and  conditions  they 
deem  feasible,  just  and  equitable,  and  if  they  agree  upon 
such  plans,  terms  and  conditions  they  shall  report  the 
same   to   the   legislative   bodies   of   their  respective   cities. 

Sec.  3.  If  the  legislative  bodies  of  two  or  more  cities 
approve  the  plans,  terms  and  conditions  of  the  joint  action 
reported  by  the  commissioners  they  shall,  by  resolution, 
declare  such  approval,  and  shall  submit  the  same  to  the 
qualified  voters  of  their  respective  cities  for  their  approval 
or  rejection  at  the  next  city  election,  or  at  a  special  elec- 
tion called  for  that  purpose.  If  the  terms,  conditions  and 
plans  are  approved  by  a  majority  of  the  voters  voting 
thereon  at  such  election  the  said  cities  may  enter  upon 
the  work  of  developing  or  acquiring  water  supply  for  the 
said  cities  in  accordance  with  such  plans,  terms  and  con- 
ditions. And  any  city  may,  in  the  manner  required  by  law, 
issue  bonds  for  the  purpose  of  prosecuting  and  completing 
the  work  of  acquiring  a  water  supply  jointly  with  other 
cities.     All  proceedings  relating  to   the  issue  of  such  bonds 


MUNICIPAL    CORPORATIONS.  926 

bIkiII  bo  taken  as  now  required  by  law  for  the  issue  of 
bonds   to   acquire   a   wat<  r   supply. 

Sec.    1.     Joint   ownership   and   costs   shall   be   restricted   to 
those    port  ions   of    tin-    sources   and     works     which     shall    be 
common    to    all    the    municipalities    served,    and    each    mu- 
shall     exclusively    own,    construct     and     operate 
nil   works  which  are  for  its  inclusive  use. 
S.v.    ">.     The    apportionment    of    all    costs    of    acquisition, 
nietion,  operation  :inil  maintenance  of  the  joint  prop 
ertiea    shall     '  upon     the    basis    of    the    amount    of 

water  proposed  to  be  apportioned  to  the  several  munici- 
palities, unless  ;i  different  apportionment  of  costs  shall 
be    agr<  i  <\    upon. 

Tin    total   costs   of   works   which   shall   exclusively 
serve  any  municipality  shall    be  borne  by  such   municipality 

■  'y- 

Sec.  7.  The  plans,  terms,  conditions,  or  other  agroe- 
rn<  nt  for  acquiring  h:i i <1  water  supply,  may  be  modified 
from  time  to  time  by  agreement  between  the  respective 
citiis,  which  agreement  shall  be  declared  by  the  action 
of   tlnir   respective   legislative   bodies. 

Sec.  8.  The  term  "city"  and  the  term  "municipality," 
as  used  in  this  act  shall  include  a  consolidated  city  and 
ty,  and  the  same  rights  and  privileges  by  this  act 
•l    to    an    inc.-  :    city    shall    pertain    to    a    consoli- 

date!   city    and    county. 

Sec.  9.  Before  any  resolution  or  ordinance  relating  to 
the  joint  acquisition  of  a  water  supply  becomes  binding 
upon  any  city  or  municipality  it  shall  lie  approved  by  the 
mayor  of  such  city,  or  passed  over  his  veto,  in  the  manner 
provided  by  law  or  the  charter  of  such  city  for  the  pas- 
"f   ordina 

Sec.    10.     This   act   shall    be    in   force    from   and   after   its 

pa-sage. 

ACT  2363. 

A  a  act   io  provide  for  the  sale  of  an  excess  of  water  when 

owned     by     a     municipality. 

[Approved    March    27,    L897.     stats.    is'.>7,   p.    182.] 

The   pi  ople   of    the   state   of  California,   re]  in    senate 

and    asst  mbly.    il" 
Section    1.     Whenever    the    water    supply    owned    by    any 
city,    incorporated    town,    county,    or    city    ami    county,    is    in 


iZl  MUNICIPAL,   CORPORATIONS.  Act  2364,  §  1 

excess  of  the  amount  required  to  supply  the  water  re- 
quired by  the  inhabitants  thereof,  it  may  be  declared  by 
ordinance  that  such  excess  exists,  and  such  excess  of  water 
may  be  sold  outside  of  the  limits  of  the  corporation;  but 
in  no  case  shall  a  contract  be  made  for  a  supply  of  any 
excess  of  water  sold  by  a  city,  incorporated  town,  county, 
or  city  and  county,  outside  the  corporate  limits  for  a 
period  longer  than  one  year;  and  in  no  case  shall  such 
a  contract  be  made,  unless  the  legislative  authority  of  a 
city,  incorporated  town,  county,  or  city  and  county,  declare 
by  ordinance  that  there  exists  an  excess  of  water  not 
required  to  supply  the  inhabitants  of  the  city,  incorporated 
town,  county,  or  city  and  county,  within  the  terms  of  the 
contract,  but  water  not  required  to  supply  the  inhabitant? 
of  a  city,  incorporated  town,  county,  or  city  and  county, 
may  be  sold  by  the  authorities  thereof  outside  the  cor- 
porate limits  from  month  to  month  during  the  existence 
of  such  excess,  and  shall  be  sold  only  at  the  rates  fixed 
for    consumers    inside    the    corporative    limits. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT    2364. 

An  act  conferring  power  upon  the  common  council,  board 
of  supervisors,  or  other  governing  body  of  cities,  or 
cities  and  counties,  of  over  one  hundred  thousand  in- 
habitants, to  acquire  or  condemn  land  for  a  suitable 
site,  and  erect  thereon  a  suitable  building  or  buildings 
for  municipal   purposes. 

[Approved  March   27,   1895.     Stats.   1895,  p.   242.     Amended 
1897,   p.    50.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Power  and  authority  is  hereby  conferred 
upon  the  common  council,  board  of  supervisors,  or  other 
governing  body  of  every  city,  or  city  and  county,  in  this 
state  having  a  population  of  over  one  hundred  thousand 
inhabitants,  to  provide  for  the  erection  and  construction 
in  such  city,  or  city  and  county,  and  at  the  expense  of  the 
same,  such  additional  or  other  municipal  building  or  build- 
ings as  the  common  council,  board  of  supervisors,  or  other 
governing  body  of  such  city,  or  city  and  county,  may  de- 
termine upon  for  the  accommodation  of  the  criminal  de- 
partment     of      the"    superior      court,     police      courts,    police 


Act  2364.  §§  2-4  Ml   NI'ITAL    CORPORATIONS.  93 

stations,  prisons,  morgues,  or  coroner's  offices  of  such  city, 
or  city  and  county,  an<l  for  such  other  municipal  uses  as 
may    be    deemed    necessary. 

_.      Tn    the    event    that    the   common    council,    hoard    of 

supervisors,  or  other  governing  body  of  sues  city,  or  city 
and  county,  shall  deem  it  expedient,  and  in  their  judgment 

that  the  public  pond  requires  the  construction  of  such  build- 
ing or   buildings,    fur   the   construction   <>f   which   power   is 

conferred    Upon    them    by    Section    one    of    this    act,    in     the 

manner  and  mode  prescribed  by  this  act,  they  are  hereby 
authorised  ami  empowered  to  express  such  judgment  by  reso- 
lution or  or«ler.  in  such  manner  as  they  may  deem  proper. 
And  for  the  purpose  of  raising  the  money  necessarv  to  com- 
plete  saiil  building  or  buildings,  the  said  common  council, 
board  of  supervisors,  or  other  governing  body  of  such  city, 
or  city  and  county,  i*  hereby  authorised  ami  empowered 
to  levy  and  collect,  in  the  same  manner  ami  at  the  samp 
time  as  other  taxes  ari    levied  anil  collected  in  such  city, 

or  city  and  county,  for  municipal  purposes,  an  ad  valor  m 
property  tax   on    real   and    personal    property,   which   shall    not 

in  the  aggregate  ei I  the  sum  of  three  hundred  thousand 

dollars,  which  sum  shall  cover  all  the  expense  of  the  said 
building    or    buildings. 

As  a  site  for  the  erection  and  construction  of 
said  building  or  buildings,  power  is  hereby  conferred  upon 
the  common  council,  board  of  supervisors,  or  other  gov- 
erning  body  of  such   city,   or   city  and   county,   to  acquire    by 

purchase,   or    to    condemn    and    acquire   under   the    laws   of 

eminent    domain,   such    land    as   may    be    necessary    therefor. 

4.      The    money    arising    from    the    tax    hereby    author- 
ised  to  be  levied  and  collected  shall  be  kepi   by  the   city, 

city  and  county  treasury  of  such  city,  or  city  and  COU 
in  a  fund  to  be  known  as  the  "Public  Building  Fund,"  and 
out  of  which  said  fund  all  claims  for  work,  labor,  and  ma- 
terials us.  d  in  the  construction  of  said  building,  and  all 
other  expenses  authorized  to  be  incurred  umhr  the  pro- 
visions of  this  act,  shall  be  paid,  All  claims  ag&lnsi  the 
said  fund  shall  be  allowed  by  the  common  council,  board  of 
supervisors,  or  other  governing  body  of  such  city,  or  city 
ami  county,  by  resolution  entered  upon  the  minutes  in  the 
same  manner  and  form  as  other  expenditures  are  author 
before   the   auditor   shall   be   authorized   to   audit    the   same; 


929  MUNICIPAL  CORPORATIONS.  Act  2384,  5  5 

and  in  no  case  shall  any  portion  of  said  fund  be  used 
or  expended  for  any  other  purpose  than  those  herein  in- 
dicated, nor  shall  any  part  of  the  cost  of  the  construction 
of  said  building  be  paid  out  of  any  other  or  different  fund; 
nor  shall  any  lien  for  work,  labor,  or  material  at  any  time 
attach  to  the  said  building  or  buildings,  nor  the  land  upon 
which  the  same  is  located  in  any  manner  whatever. 

Sec.  5.  "When  work  is  to  be  done  upon  said  building 
or  buildings,  or  materials  to  be  furnished,  it  shall  be  the 
duty  of  the  common  council,  board  of  supervisors,  or  other 
governing  body  of  such  city,  or  city  and  county,  to  ad- 
vertise for  at  least  ten  days  in  a  daily  newspaper  pub- 
lished and  circulated  in  such  city,  or  city  and  county,  for 
sealed  proposals  for  doing  both  said  work  and  furnishing 
said  material.  The  said  work  and  material  shall  be  of  the 
best  quality.  The  advertisement  shall  contain  a  general 
description  of  the  work  to  be  done  and  the  materials  to 
be  furnished,  the  time  within  which  the  same  is  to  be  done 
or  furnished,  and  may  refer  to  plans  and  specifications  for 
such  other  details  as  may  be  necessary  to  give  a  correct 
understanding  regarding  the  work  or  materials.  The  ad- 
vertisement shall  also  state  the  day  and  an  hour  of  said 
day  within  which  bids  will  be  received.  At  the  hour  and 
day  stated  in  the  advertisement,  the  said  board  or  body 
shall  proceed  to  open  the  bids  in  the  presence  of  the  bid- 
ders, and  an  abstract  of  each  shall  be  recorded  in  the 
minutes  by  the  clerk.  A  day  and  hour  shall  then  be  fixed 
for  considering  the  bids  and  awarding  the  contract.  An 
abstract  of  said  bids,  showing  the  name  of  each  bidder, 
the  price  at  which  work,  labor,  and  materials  are  offered 
to  be  done  or  furnished  by  each,  and  such  other  things  as 
may  be  necessary  to  show  or  explain  the  offer,  shall  be 
made  by  the  clerk  and  published  for  five  days  in  a  daily 
newspaper  of  general  circulation  published  in  such  city, 
or  city  and  county.  At  the  expiration  of  five  days  after 
the  first  publication  of  the  abstract,  on  the  day  and  at  the 
hour  fixed  by  said  board  or  body,  said  board  or  body  shall 
proceed  to  consider  the  several  bids  and  award  the  con- 
tract for  doing  the  work  and  supplying  the  material  for 
which  proposals  are  invited,  and  for  none  other,  to  the 
lowest  bidder  who  shall  furnish  sufficient  sureties  to 
guarantee  the  performance  of  the  contract;  provided,  the 
advertisement  hereinbefore  provided  for,  shall  invite  pro- 
Gen.  Law*— 59 


Act  2364,  ]  6  VTNK-IPVL   CORPORATIONS.  83" 

posals  and  bids,  in  one  total  sum  or  amount,  for  the  per- 
formance of  all  the  wori  ana1  the  furnishing  of  all  the 
materials  called  foi  in  the  said  advertisement  for  the 
:ion  of  the  entiri  building  or  buildings.  Said  board 
or  body  shall  have  the  right  to  reject  any  or  all  bids,  when 
in  their  judgment  the  public  interests  may  be  thereby  pro- 
moted. Such  Contract  shall  be  <  xi  euted  on  behalf  of  such 
city,  or  city  and  county,  by  the  mayor,  or  president  of 
the  common  council,  board  of  supervisors,  or  other  govern- 
ing body  of  such  city,  or  city  and  county.  No  change  in 
the  plans  or  specifications  shall  be  made  after  proposals 
for  doing  work  and  furnishing  materials  have  been  called 
for,  nor  shall  any  contractor  be  allbwi  d  a  claim  for  work 
done    or    materials     furnished  of    his    contract, 

except  on  the  approval  of  said  common  council,  board  of 
supervisors,  or  other  gOVl  ruing  body  of  Cities,  or  cities 
and  counties;  provided,  that  the  aggregate  cost  of  any 
change,    or    ■  shall    not    exceed    the    sum    of    three 

thousand  dollars.     All  i  -hall  be  in  writing,  and  shall 

be  carefully  drawn  by  the  city  attorney,  city  and  county 
attorney,  or  other  law  officer  of  SUCb  city,  or  city  and 
county,   and   shall   contain    detailed   Bpi  Qfi   of   the   work 

to  be  done,  the  manner  in   which   the  same  shall  be  executed, 

the  quality  of  the  material,  and  the  time  within  which  the 

same  shall  be  completed;  and  such  penalty  t'oi  the  nonper- 
formance of  such  contn  I  board  or  body  may  deem 
just    and    reasonable.      All    contracts    shall    be    signed    in 

triplicate — one  copy  of  which,  with  the  plans  and  specifica- 
tions of  the  work  to  be  done,  BhaU  be  filed  with  the  clerk  or 
secretary  of  said  board  or  body,  and  shall  at  all  times,  in 
office   hours,  be  open  to  the   inspection  of  the  public;  one, 

with    the  plans   and    specifications,   shall   be    k.pt    in    the   office 

of   said    board    or    body,    and    the   other   copy,    with    plana    and 

specifications,  BhaU  be  delivered  to  the  contractor.  (Amend- 
ment   approved   March  2,   1897.      StatB.    1897,   p.  50.      In   effect 

immediately.] 

Bee.    6.      The    common    council,    board    of    supervisors,    or 
other  governing  body  of  BUCb  city,  or  city  and  county,  may 
make    payments    on    Buch    contract     from    time    to    tino 
work    pTO  I     wished;    but    until    the 

contra.)     is    completed,    at     no    time    shall     the    payments 
ceed    seventy-five    per    centum   of    the    value    of   the   labor  or 
materials  furnished. 


Nil  MUNICIPAL   CORPORATIONS.  Act  2365 

Sec.  7.  The  plans  and  specifications  herein  referred  to 
snail  be  secured  by  said  board  or  body  after  the  publica- 
tion for  ten  days  in  a  daily  newspaper  of  general  circula- 
tion in  such  city,  or  city  and  county,  of  a  resolution  invit- 
ing the  submission  of  competitive  plans  and  specifications 
for  said  building  or  buildings.  Said  resolution  shall  con- 
tain a  general  statement  of  the  purposes  for  which  said 
building  or  buildings  are  to  be  used,  the  cost  thereof,  and 
the  character  of  the  design  required.  Said  plans  and  specifi- 
cations may  be  submitted  to  such  board  or  body  under  such 
requirements  and  conditions,  and  at  such  time  as  said  board 
or  body  may  prescribe. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  2365. 

An  act  authorizing  municipal  corporations  to  lease,  pur- 
chase, own,  and  operate  gravel-beds  and  quarries,  and 
to  transport  gravel  and  rock  thereirom  to  such  munici- 
pal corporations,  for  the  purpose  of  making,  improving, 
and  repairing  roads. 

[Approved  March  27,  1897.     Stats.   1897,  p.  217.] 

Municipal  corporations  may  acquire  gravel  beds  and 
quarries. 

Section  1.  Any  incorporated  city  or  town  in  this  state 
may  acquire,  lease,  purchase,  and  operate  any  gravel-bed 
or  quarry  within  the  county  where  such  city  or  town  is 
situated,  anrl  may  equip  and  operate  a  plant  at  such  gravel- 
bed  or  quarry,  or  within  such  town  or  city,  for  the  purpose 
of  breaking,  crushing,  or  otherwise  preparing  gravel  or  rock 
to  be  used  in  making,  paving,  improving,  or  repairing  its 
streets.  Any  such  city  or  town  may  acquire,  lease,  or  pur- 
chase and  maintain  all  necessary  roads,  rights  of  way,  and 
tramways  over  which  to  transport  gravel  or  rock  from  such 
gravel-bed  or  quarry  to  such  city  or  town,  and  all  necessary 
appliances  for  that  purpose. 

Two-thirds  vote  necessary. 

Sec.  2.  No  money  shall  be  expended  or  expenses  in- 
curred  for  any  of  the  purposes  set  forth  in  section  one, 
unless  the   same   is  authorized   at   a  regular  meeting  of   the 


Art  536fi.  J§  1.  2  VrNMTM    rr.Rpon.\Ti  93 i 

legisl  ly    of    such    city    or    town,    and    by    :i    vote    of 

two   t  Birds  of   '  Be    mi.  nil  ■•  r 

Sec.  3.  Tliis  Bet  shall  not  extend  or  enlarge  any  limi- 
tation upon  municipal  taxation  or  th<  expenditure  of  mu- 
nicipal funds,  dow  existing  by  r  laws  or  city 

charters   in    any  of   the   cities  or  towns  of  this  state. 

ACT  2366. 

An  act  to  promote  the  protection  of  ran,  ami   mu- 

nicipal   corporations    from   overflow    by    water   and    the 
drainage  of  •  and   for  tueb   purposes  auti 

the   incurring  (,f  Indebtedness  and   the  iasdani 

r    by    the    same,    and    providing    for    tbe 

disposition  of  the   pro Is  of    Bach  bends,  and  for  the 

supervision   of    the    protective   and   other   works.     L-M" 
proved  March  26,  1898.     Btats.   1895,  i>.  95.] 

Tin-  people  of  the  state  of  California,  represented  in  sen 
and  assembly,  do  enact  as  foil.. 

iion  1.  Any  sity,  town,  or  municipal  corporation  in- 
corporated under  the  Is  oay,  by  procedure 
hereinafter  prescribed,  incur  indebtedness  and  liability,  al- 
though i:  v  it  provided 
for  the  current  fiscal  ■  s,,  thai  the  b 
Funded    indebtedness    thereof   shall   .  '  r    of 

the  value     of    all     the     r.  al     and     personal     prop  ru- 

in the  municipality,  for  the  purpose  of  pi 
town,    or    municipal    corporation    from    overflow    by    water, 
and   for   the   purpose  of  draining  such   city,  town,  or  munici- 
pal   corporation,    and    for    the    purpose    of    Becuring    an    outlet 
for    Such    overflow    watl  r    and    drainage,    or    for    any    part    of 

said   purposes,   whether  by  meai  lis,  ditches,  ll 

dikes,   embankments,   dams,   and    machinery   and    other    like 

appropriate    or    ancillary     means    or    works,    or     BOS] 

Same,    whether    situated     within     or    without     the     territorial 

limits   of  such   city,   town,   or   municipal    corporation. 

lI.     The    procedure    mentioned    in    section    one    aJ 

said    shall    »>e    as    follows,    to    "it:    Th< 

lative    body    of    such    city,    town,    or    municipal    corpor 

shall,    first,    have     made     |.\  upet.nt     ;  ;•  ral 

plans    and    estimates    of    the    <■■  ch    canals,    dil 

fi  vers,    dikes,    embankments,    .lams,    machinery,    *nd 
means    or    works    as    may  kemplated,    winch    general 

a,   b.    lied   in    the 


933  MUNICIPAL   CORPORATIONS.  Act  2366,  §  3 

office  of  the  clerk  of  such  municipalty,  and  which  general 
plans  shall  be  substantially  adhered  to  thereafter  in  pro- 
ceedings under  this  act.  Said  city  council  or  legislative 
body  shall,  secondly,  after  the  filing  of  such  general  plans 
and  estimates,  and  by  resolution  or  ordinance  passed  at 
a  regular  meeting  by  a  vote  of  two  thirds  of  all  its 
members  and  approved  by  the  executive  ol  the  munici- 
pality, determine,  if  so  advised,  that  the  public  good  de- 
mands the  construction,  acquisition,  and  completion,  or 
either,  of  canals,  ditches,  levees,  dikes,  embankments,  dams, 
machinery,  and  other  like  appropriate  or  ancillary  means, 
or  works,  or  any  of  the  same,  for  any  or  all  of  the  pur- 
poses mentioned  in  section  one  aforesaid;  and  shall  further, 
by  the  same  resolution  or  ordinance,  determine,  if  so  ad- 
vised, that  the  cost  of  the  same  will  be  too  great  to  be 
paid  out  of  the  ordinary  income  or  revenue  of  the  mu- 
nicipality; and  such  resolution  or  ordinance,  shall,  after 
its  passage  and  approval,  be  published  as  hereinafter  pre- 
scribed. Said  city  council  or  legislative  body  shall,  within 
one  month  after  the  publication  aforesaid,  and  by  reso- 
lution or  ordinance  passed  at  a  regular  meeting  by  a  vote 
of  two  thirds  of  all  its  members,  and  approved  by  the 
executive  of  the  municipality,  call  a  special  election,  and 
■submit  to  the  qualified  voters  of  such  city,  town,  or  mu- 
nicipal corporation  the  proposition  to  incur  a  debt  for  any 
or  all  of  the  purposes  mentioned  in  section  one  aforesaid, 
and  which  have  been  as  aforesaid  determined  to  be  de- 
manded for  the  public  good.  The  resolution  or  ordinance 
calling  such  special  election  shall  specify  the  purpose  for 
which  the  indebtedness  is  proposed  to  be  incurred,  the  esti- 
mated cost  of  the  things  proposed,  that  bonds  of  the  mu- 
nicipality will  issue  in  the  amount  of  such  estimated  cost, 
the  number  and  character  of  such  bonds,  the  rate  of  inter- 
est to  be  paid,  and  the  amount  of  the  tax  levy  for  each 
year  during  the  outstanding  of  such  bonds  to  be  made  for 
their  payment.  Such  last-named  resolution  or  ordinance  shall 
be  published  as  hereinafter  prescribed.  Such  city  council 
or  legislative  body  shall  cause  to  be  published,  after  the 
publication  last  named  and  prior  to  the  day  of  holding  such 
special  election,  a  notice  of  the  same,  which  notice  shall 
set  forth  substantially  all  the  matters  contained  in  the 
aforesaid  resolution  or  ordinance  calling  such  special  elec- 
tion. 

Sec.  3.  Every  publication  hereinbefore  mentioned  or  re- 
quired shall  be  in  some  newspaper  published  in  such  city, 
town,   or   municipal   corporation;    if   in   a   daily   paper  in   at 


N    55    IT  Mrsi^ir  (RATtONB.  93» 

Ieasl  \  and  if  in  n  weekly  paper  at  least 

two  issues  thereof;  and  no  publication  shall  be  deemed  to 
have  i"  L'^in  until  any  one  ri  quired  preceding  the  same  shall 
ha\.  mpleted. 

i    s; ■•  .ial    election    shall    be    held    in    the    man- 
tut  provide. 1  by  law  for  holding  elections  in  such  city,  ta 
<>r  municipal  eorpoi 

It    shall    require    the    votes    of    two    thirds    of    all 
the    voters   TOting    ar    such    special   election    to   authorize    the 
incurring  of  any   indebtedness  or  the   issuance  of  any   bonds 
I  act.      [f   two   tbirdfl  of  all   the   votes  cast   at    such 
on   be   in    favor  of   the    proposition   submitted, 
the  city  council  oi  ve   body   oiay,  by  ordinance    re- 

citing the  result  of  said  election,   provide  for  the  issuance 

ni    tui     proposed    bunds   and    any    matter   incidental    thereto. 

.  8.     All  municipal  bond-  issued  under  this  act  shall  bi 
of    the   kind    known   as  serials,   and   of   such   drnomii: 

U  or  legislative  body  may  determine;  pro- 
vided, that  no  bond  shall  b<  for  less  than  one  hundred 
dollars    nor    for    more    than    one    thousand    dollars,    and    that 

than   one-fortieth    part  of   the   wh.de   Lnd< 

evidenced  by  the  wh.de  of  the  issue  of  such  bonds  shall 
such  bonds,  made  payable,  each  and 
,  v.  rv"  year.  Bach  bond  -shall  be  made  payable  either  in 
gold  coin  or  other  lawful  money  of  the  United  States  as 
may    be  L  in   such   bond,  on  a  day  and   at    a    place 

rnated  therein,  with  interest  at  the  rate  Bpecifled  th«  rein. 
which    rate    shall    I  -    .-n    per   ctnt    per   annum, 

be  fixed  by   such  city  council  or  legislative  body.      Said   place 

of  payment  shall  bo  either  at  the  oiiiee  of  the  treasurer 
of  the  municipality!  or  at  Borne  d<  Bignated  bank  in  San  Fran 

Said  bonds  shall  be  executed 
,,n    the    par'    "i'    BUCh   .municipality    by    the    mayor    or    • 

■.,,f,  and  by  the  treasurer  thereof,  and  counter- 
rk  of  the  municipality.     The  inti 

il    be    numb,  red    consecutively    and    signed    by    tin 
treasurer. 

■  .-.    7.     Any    of    such    bond*    may    be    issued    by    the    city 
•  ,-il  or  legislative  body  of  such  city,  town,  or  muni 

Corporation,    and    by    the    same    Bold,    at    not    less    than    their 

value;    and    th<     proceeds    ol    such    sal.-    shall    b. 
ited  in  the  municipal  treasury  to  the  credit  of  a  • 

.1    fund    and    be    applied    exclusively    to    the    pur; 


935  MUNICIPAL    CORPORATIONS.  Act  2366,  §§  8-11 

objects  for  which,  as  aforesaid,  the  electors  have  voted  to 
incur  indebtedness  or  liability,  until  such  purposes  and  ob- 
jects shall  have  been  accomplished,  after  which,  the  sur- 
plus, if  any,  may  be  transferred  to  the  general  fund  of 
the  municipality. 

Sec.  8.  Such  city  council  or  legislative  body  shall,  at 
the  time  of  fixing  the  general  tax  levy,  and  in  the  man- 
ner for  such  general  tax  levy  provided,  levy  and  collect 
annually,  each  year,  for  the  term  of  forty  years,  a  tax 
sufficient  to  pay  the  annual  interest  on  such  bonds  and  also 
one-fortieth  part  of  the  aggregate  amount  of  such  indebt- 
edness so  incurred.  The  taxes  herein  required  to  be  levied 
and  collected  shall  be  in  addition  to  all  other  taxes  levied 
for  municipal  purposes,  and  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  other  municipal  taxes  are 
collected. 

Sec.  9.  The  city  council  or  legislative  body  of  every  city, 
town,  or  municipal  corporation  wherein  or  for  which  any 
public  works  or  improvements  are  being  had  or  constructed 
for  the  purposes  hereinbefore  specified,  and  for  which  in- 
debtedness has  been  incurred  under  the  provisions  of  this 
act,  shall  have  power  to  make  all  needful  rules  and  regu- 
lations foj  acquisition,  construction,  and  completion  of  such 
works  and  improvements;  to  appoint  all  needful  agents,  su- 
perintendents, and  engineers  to  supervise  and  construct  the 
same,  and  shall  have  power  in  all  lawful  ways  to  protect 
and  preserve  the  rights  and  interests  of  the  municipality  in 
respect  thereof. 

Sec.  10.  All  contracts  as  to  said  works  and  improve- 
ments shall  be  let,  in  such  parcels  as  the  city  council  or 
legislative  body  may  determine,  to  the  lowest  responsi- 
ble bidder,  after  notice  given  for  at  least  ten  days  by  pub- 
lication in  one  or  more  newspapers  published  in  the  munici- 
pality, inviting  sealed  proposals.  Security  or  bonds  may 
be  required  in  order  to  guarantee  good  faith  in  bidding 
and  in  the  performance  of  contracts,  or  either,  in  such 
amount  as  such  council  or  legislative  body  may  determine, 
and  such  council  or  legislative  body  may  reject  any  or  all 
bids. 

Sec.  11.  The  city  council  or  legislative  body  of  the  munici- 
pality may,  by  resolution,  if  it  deem  the  same  necessary, 
require   the   treasurer   of   the   municipality   to   give   additional 


Acts  2367 -2370  Ml'NI^IPAL    CORPORAT1  >* 

bonds  for  the  safe  custody  and  care  of  public  funds  derived 
trader  this  act. 

Bee.  1-.  The  provisions  of  this  act  are  intended  to  be  par- 
amount ind  controlling  as  to  all  mitten  provided  for  therein 
and  M  to  all  questions  arising  in  or  out  of  procedure  there- 
under. 

•.    13.     This  act  shall  take    effect    from    and    after    the 
time  of  its  passage. 

ACT    2367. 

To  authorize  the  governing  todies  of  cities  and  towns  other 
than  cities  of  th<-  lirst  class,  to  refund  indebtedness. 
[Stats.    1883,  p.  370. J 

An..  196,     203      Rrpoaled    1857.     75. 

Cat.     Rap.     CM      1' 4.    Mi      IN,    69C:      109.    379;     109.    380;      112.    328;      11». 
..      IH,    111;     1^3.    319;     138.    38i;     138.    3S6. 
Unconstltntlonal    In    part-     <Lo«    Angeles    v.    Teed.    112    Cal.    111.) 

ACT  2368. 

Authorizing  the  common  council,  board  of  trustees,  or  other 
governing    body    of    any    una  city    or   town    other 

than  cities  of  th.  -  bo  refund   ta     •  Iness, 

to   issue    DOOdl    therefor  and   to   provide   for   the  payment 
of  the  same.     [Stats.   1887,   p.   75.] 

Am.  mii-d     1901.     274. 

Unconstitutional    in    part.     (Los    Angt-Ua   v.    Hance,    122  Cal.    T7.) 

ACT   2369. 

Authorizing  the  incurring  of  indebtedness  by  cities  and  towns 
to  pay  the  cost  of  any  permanent  public  improvement. 
[Stats.   1887,  p.  120.] 

Li.     Repealed    1889.    402. 

ACT    2370. 

Authorizing  cities  of  not   less   than   twenty  six  nor  more  than 
thirty     thousand     inhabitants    to    vote    Upon    the    question 
of    paying   indebtedness    incurred    in    the   yean    L889 
L880.     [Stats.    1891,  p.  8.] 
rjnconstUuttona  Kx  paru  Qlam- 

nonlnl,    117    Cal.    573;     l'asadena   y.    Stimaon.   91   Cal 


937  MUNICIPAL   CORPORATIONS.  Act  2371,  §§  1,  2 

ACT  2371. 

An  act  authorizing  the  incurring  of  indebtedness  by  cities, 
towns,  and  municipal  corporations  for  municipal  im- 
provements, and  regulating  the  acquisition,  construction, 
or  completion  thereof. 

[Became  a  law  under  constitutional  provision  without  gov- 
ernor's approval,   February   25,   1901.     Stats.   1901,   27.] 
Cal.    Rep.    Cit.     142,   699;     142,    700;     144,   391. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Any  city,  town  or  municipal  corporation  in- 
corporated under  the  laws  of  this  state,  may  as  hereinafter 
provided  incur  indebtedness  to  pay  the  cost  of  any  municipal 
improvement  requiring  an  expenditure  greater  than  the 
amount  allowed  for  such  improvement  by  the  annual  tax  levy. 

Sec.  2.  Whenever  the  legislative  branch  of  any  city, 
town  or  municipal  corporation  shall,  by  resolution  passed  by 
vote  of  two  thirds  of  all  its  members  and  approved  by  the 
executive  of  said  municipality,  determine  that  the  public  in- 
terest or  necessity  demands  the  acquisition,  construction  or 
completion  of  any  municipal  improvement,  including  bridges, 
water-works,  water-rights,  sewers,  light  or  power-works  or 
plants,  buildings  for  municipal  uses,  school-houses,  fire  appa- 
ratus, and  street  work,  or  other  works,  property  or  structures 
necessary  or  convenient  to  carry  out  the  objects,  purposes  and 
powers  of  the  municipality,  the  cost  of  which  will  be  too  great 
to  be  paid  out  of  the  ordinary  annual  income  and  revenue  of 
the  muncipality,  it  may  at  any  subsequent  meeting  of  such 
board,  by  a  vote  of  two  thirds  of  all  its  members,  and  also 
approved  by  the  said  executive,  call  a  special  election  and 
submit  to  the  qualified  voters  of  said  city,  town  or  municipal 
corporation  the  proposition  of  incurring  a  debt  for  the  pur- 
pose set  forth  in  said  resolution,  and  no  question  other  than 
the  incurring  of  the  indebtedness  for  said  purpose  shall  be 
submitted  j  provided,,  that  propositions  of  incurring  indebted- 
ness for  more  than  one  object  or  purpose  may  be  submitted  at 
the  same  election.  The  ordinance  calling  such  special  election 
shall  recite  the  objects  and  purposes  for  which  the  indebted- 
ness is  proposed  to  be  incurred,  the  estimated  cost  of  the  pro- 
posed public  improvements,  the  amount  of  the  principal  of  the 
indebtedness  to  be  incurred  therefor,  and  the  rate  of  interest 
to  be  paid  on  said  indebtedness,  and  shall  fix  the  date  ou 
which  such  special  election  will  be  held,  the  manner  of  hold- 


Act  2371,  85  3-5  ICUNICIPAL    CORPORATION*  Ml 

ing  such  election  and  the  voting  for  or  against  incurring  such 
indebtedness,  and   In  all   particulars  no!  I   in  said   ordi- 

nance, sueli  election  shall  \»-  add  as  provided  by  law  for  boil- 
ing muni  in   BUCh  iiiunici ]>:i I ' 

.'!.  Bach  ordinance  shall  be  published  once  a  day  for 
:it  least  w  v.  n  days  in  some  u<  wspaper  pnbllahed  at  least  six 
dayi  a  week  in  such  municipality,  or  once  a  week  for  two 
treeks  in  some  newspaper  published  less  than  six  days  a  week 
in  such  municipality,  and  one  insertion  each  week  for  two 
eeding   weeks  shall  be    a    sufficient    publication    in    such 

paper  published  leas  than  six  days  per  week.  In  munei* 
palit  no  such  newspaper  is  published,  sucb  ordinance 

shall  be  posted  in  three  public  places  therein  for  two  sue.. 

peeks  No  other  notice  of  such  election  Deed  be  given. 
It  shall  require  as  of  two  thirds  of  all  th.  iting 

at  such  apt  dial  el.  Ction  to  authorize  the  issuance  of  the  bonds 

ii  provided;  provided,  however,  should  the  propositus 
Bubmitted  at  such  election  fail  to  receive  the  requisite  number 
of  votes  of  the  qualihV  ion  to  in- 

cur the  indebl  t  the  pur]  tried,  the  legislative 

hrai  b  municipality  shall  have  no  power  or  authority 

within    one   year   after   such    election    to   call   or   order   another 
election    for    incurring    any    indebtedness     for     improves  • 
Substantially    I  »ted    upon   at   such    j.rior     election, 

unless   a    petit  1    by    a    majority    of   the    taxpayers   on 

the  lit  roll  of  such  municipality,  be  filed  with 

requesting  that  such  proposition  or  a  prop 
i  nallv    the   same   be  submit  led   at    an    election   to 
ailed  for  the  submission  of  such  proposition  and  to  be  held 
in  accordance    with  the  provisions  of  this  act. 

;.     No  city,  town   or  municipal   corporation   shall  incur 

au    indebl  »r   public   improvements   which   shall   in   the 

eed  fifteen  per  cent  of  tl  .1  value  of  all 

tin    real  and  personal  property  of  such  city,  town  or  municipal 
corporation. 

Bee.    5.     All    municipal    bonds    issued    under    the    pro 
.it'  this  act  shall   be   payable  substantially   in  the'  manner  fol 
lowing:    A  pan   to    be    determined    by    the    legislative    body 

of    the   municipality,   which    shall    be    not    less   than    one  fortieth 
part  of  the  whole  amon  b   indebtedness,  shall   be   paid 

each  ami  every  year  on  a  day  and  data,  at  the  city  treasury, 

,■  Bzed  by  the  legislative  branch  of  the  municipality 
suing    the    bonds,    together    with    the    interest    on   all   sums   uu- 


033  MUNICIPAL    CORPORATIONS.  Act  2371,  §§  6-8 

paid  at  such  date.  The  bonds  shall  be  issued  in  such  denom- 
inations as  the  legislative  branch  of  the  municipality  may  de- 
termine, except  that  no  bonds  shall  be  of  a  less  denomination 
than  one  hundred  dollars,  nor  of  a  greater  denomination  than 
one  thousand  dollars,  and  shall  be  payable  on  the  day  and  at 
the  place  fixed  in  such  bond,  and  with  interest  at  the  rate 
specified  in  the  bond,  which  rate  shall  not  be  in  excess  of  six 
per  cent  per  annum  and  shall  be  payable  semi-annually,  and 
said  bonds  shall  be  signed  by  the  executive  of  the  munici- 
pality, and  also  by  the  treasurer  thereof,  and  shall  be  counter- 
signed by  the  clerk.  The  coupons  of  said  bonds  shall  be  num- 
bered consecutively  and  signed  by  the  treasurer. 

Sec.  6.  Such  bonds  may  be  issued  and  sold  by  the  legisla- 
tive branch  of  the  city,  town  or  municipal  corporation  as  they 
may  determine,  but  for  not  less  than  their  par  value,  and  the 
proceeds  of  such  bonds  shall  be  placed  in  the  municipal  treas- 
ury *to  the  credit  of  the  proper  improvement  fund,  and  shall 
be  applied  exclusively  to  the  purposes  and  objects  mentioned 
in  the  ordinance. 

Sec.  7.  The  legislative  branch  of  said  city,  town  or  munic- 
ipality shall  at  the  time  of  fixing  the  general  tax  levy,  and 
in  the  manner  for  such  general  tax  levy  provided,  levy  and 
collect  annually  each  year  until  said  bonds  are  paid,  or  until 
there  shall  be  a  sum  in  the  treasury  of  said  city,  town  or 
municipality  set  apart  for  that  purpose  to  meet  all  sums  com- 
ing due  for  principal  and  interest  on  such  bon^s,  a  tax  suffi- 
cient to  pay  the  annual  interest  on  such  bonds,  and  also  such 
part  of  the  principal  thereof  as  shall  become  due  before  the 
time  for  fixing  the  next  general  tax  levy.  The  taxes  herein 
required  to  be  levied  and  collected  shall  be  in  addition  to  all 
other  taxes  levied  for  municipal  purposes,  and  shall  be  col- 
lected at  the  same  time  and  in  the  same  manner  as  other 
municipal  taxes  are  collected,  and  be  used  for  no  otner  pur- 
pose than  the  payment  of  said  bonds  and  accruing  interest. 

Sec.  8.  It  shall  be  the  duty  of  the  legislative  branch  of 
every  city,  town  or  municipal  corporation,  wherein  pub- 
lic improvements  are  being  made  under  the  provisions  of 
this  act,  to  make  all  needful  rules  and  regulations  for  car- 
rying out  and  maintaining  such  improvements,  to  appoint 
all  needful  agents,  superintendents  and  engineers  to  prop- 
erly look  after  the  construction  and  operation  of  such 
public  works,  and  in  all  lawful  ways  to  protect  and  pre- 
serve   the    rights    and    interests    of    the    municipality;    pro- 


;i.   S§  0-J.3  Ml-NI''ir.\L  CORPORATIONS.  MO 

vicii  .I,    however,    that    in    cities,    towns,    or    municipalities 

iting   ondei   a   charter  ■    or   hereafter   framed 

umli  r   section    eight    of   article   eleven   of   the   constitution, 

and  having  a  board  of  (uldic  works,  all  the  matters  and 
things  r>  rjuin  ii  in  this  section  to  K<  done  nnd  performed 
by  the  legislative  branch  of  the  municipality  shall  be  done 
and  .    by   the   tw  art   of   public   works  of  such   city, 

town  or  municipality. 

Sec.    9.     All    contracts    for     the     construction     or     comple 
tion    of    any    public     works    or    imp)  or    for    fur- 

nishing labor  or  materials  therefor,  at  lor.  in  provided, 
■hall   be   let    to    the   \-  ble    bidder.    The   legis- 

lative   branch    of    the    municipality    shall    advertise,    for    a+ 
t.  D    days,    in     one    or    more     DCWSpSvpt  rs    publish, d     in 

the  municipality,  inviting  sealed  proposal!  for  famishing 
the    labex    and    mat.  rials    for    the    proposed    improvcmi 

N    anv    contra.-t     shall      be      made     therefor.         The    said 

dative    branch    shall    have    the    right    to    reyirs    such 

-   they   may   deem   best   from   the  successful   bidder, 

the   faithful    performance   of   tin attract    work. 

v    shall    aiSO    have    the    right    to    h  and    all    bids; 

rided,  however,  that  in  cities,  towns  or  maniciparitie* 
operating  under  a  charter  heretofore  <>r  hereafter  frame  1 
under  section  eight  of  article  eleven  of  the  constitution. 
and   serving  ■   board  of  public  works,  all   th<  and 

things  required  in  'his  section  to  be  done  and  performed  by 
lhl.   '  ,     i, ranch   of   the    municipality   shall    be   done 

and  performed  by  the  beard  of  public  works  of  such  city, 
town  or  municipality. 

10.  Whenever  the  legislative  branch  of  any  munici- 
pality shall  by  resolution  deem  it  ■  'hey  amy  re 
quire  tne  treasurer  of  Buch  municipality  to  give  additional 
bonds  for  thi                stody  and   care  of  the  public  funds. 

Sec.    11.     All     a«tB    and     parts    of    acta    in    conflict    with 
this  act  are  hi  reby  repealed. 

12.     This   act    shall    not    be   deemed    to   repeal,   con- 

llict    with    or    modify    any    provision    of    any    statute    of    this 

v.t.i,1,  ring    the     levy    of     special  specific 

public    improvements    when    bond    issues    are    not    coi 
plated 
Sec.  13.    This  act  shall  take  effect  immediately. 


941  MUNICIPAL   CORPORATIONS.  Act  2372,  §  5  1-2 

ACT  2372. 

An  aet  authorizing  cities,  towns,  and  municipal  corpora- 
tions  to  establish  and  maintain  public  assembly  or  con- 
vention halls,  and  to  incur  indebtedness  for  such 
improvements. 

[Approved  March  25,  1903.     Stats.  1903,  p.  412.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Any  city,  town,  or  municipal  corporation 
in  this  state  may  acquire,  by  purchase,  condemnation,  or 
otherwise,  all  necessary  land  whereon  to  construct,  and 
may  construct  and  maintain  thereon,  a  public  assembly 
or  convention  hall,  and  may  incur  indebtedness,  as  here- 
inafter provided,  to  pay  the  cost  of  such  improvement. 

Sec.  2.  Whenever  the  legislative  body  of  any  city,  town, 
or  municipal  corporation,  shall,  by  resolution  passed  by  a 
vote  of  a  majority  of  its  members,  determine  that  the  pub- 
lie  interest  or  necessity  demands  the  acquisition  of  the 
necessary  land  whereon  to  construct,  and  the  construction 
or  completion  thereon,  of  a  public  assembly  or  convention 
hall,  the  cost  of  which  will  be  too  great  to  be  paid  out 
of  the  ordinary  annual  income  and  revenues  of  the  munici- 
pality, it  may,  at  any  subsequent  meeting  of _  such  body,  by 
an  ordinance,  passed  by  a  vote  of  two  thirds  of  all  its 
members,  call  a  special  election,  and  submit  to  the  quali- 
fied voters  of  said  municipality,  the  proposition  of  incur- 
ring a  debt  for  the  purpose  set  forth  in  said  resolution. 
The  ordinance  calling  such  special  election  shall  recite  the 
object  and  purpose  for  which  the  indebtedness  is  pro- 
posed to  be  incurred,  the  estimated  cost  of  the  proposed 
improvement,  the  amount  of  the  principal  of  the  indebted- 
ness to  be  incurred  therefor,  and  the  rate  of  interest  to  be 
paid  on  said  indebtedness;  and  shall  fix  the  date  on 
which  such  special  election  will  be  held,  the  manner  of 
holding  such  election,  and  of  voting  for  or  against  such 
proposition;  and  in  all  other  particulars  not  recited  in  said 
ordinance,  sueh  election  shall  be  held  as  provided  by  law 
for  holding  municipal  elections  in  such  municipality.  Such 
ordinance  shall  be  published  once  a  day  for  a  period  of 
five  days  in  a  dailv  newspaper  published  in  said  municipal- 
ity or  once  a  week  for  three  successive  weeks  in  a  weekly 
newspaper  published  in  said  municipality.  -No  other  no- 
tice of  such  election  need  be  given. 


MT'Xicir.\T.  ronrnnvTios's. 


■  '■.  Tt  shall  requin  the  votes  of  two-thirds  of  all 
the  voters  voting  nt  Buch  special  election  to  authorise  the 
issuai  bonds  hciein  provided  for. 

Ity,    town,   or   municipal    corporation    shall 
incur   nn    indebtedi  r   th<    provisions    of    this    act, 

which    together   with   all   other   indebtedness    of    said    city, 
town.    <>r    municipal     corporation,    shall,    in    th<     aggregate, 
■•  'I    fifteen    p<  r   cenl    of  value   of   all    the 

real  and  personal  In  said  city,  town  or  municipal 

corporation. 

issui  (l  under  the  provisions  of  this 
net  shall   be   issued,   sold,  and   made   payable,   in   the   man 

m. I   form   prescribed   for   to  and   payment 

of  municipal   I  entitled,  "An  act  authoriz- 

the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal  corporations  for  municipal  improvements,  ami 
icquisition,  construction,  or  completion 
thereof,"  which  became  a  law,  under  the  provisions  of 
the  constitution,  without  the  governor's  approval,  February 
25,  IS 

8.     The    j  r  I    under 

the  •  i.ill    be    placed    i"    the    municipal 

treasury    to    <;  of   a    fund    to   be    known    as    the    pub- 

lic hall  fund,  and  slial!  be  applied,  exclusively,  to  the  pur- 
>n<  d    in    the    ordinal 

Sec.  7.     The   '  i    municipality  shall, 

at    the   time   of  fixing   the   general    tax   levy,  and    in   the   man 

ner  for  such   general   tax   levy    provided,  levy  and   collect, 

annually,  i  ich  year  until  Bald  bonds  are  paid,  a  tax  suffi- 
cient to  pay  the  annual  inter,  st  and  the  pari  of  the  prin- 
cipal   of   Buch    bonds,    that    shall    become   due    DM  fore   the   time 

for  fixing  the  nexl  general  tax  levy,  and  is  not  at  the 
time  of  fixing  such  annual  tax  levy,  otherwise  provided  for 

by  funds  then  in  the  treasury  -Tt   f..;-  that  pur- 

The    taxes    In  rein    required    to   be    l'vi<d    and    coll' 

shall  be  in  addition  to  all  other  taxes  levied  for  municipal 
purposes,  and  shall  lie  collected  at  tin  Bame  time,  and  in 
the   same    manner  r    municipal    taxes    are    • 

and  be  used  for  no  otheT  purpose  than  the  payment  of 
paid    bonds   and 

Sec  8.     All  moneys  derived  from  the  use  r>r  hire  of  such 

embly     <>r    convention     ball    shall    bi     deposited    in     the 

treasury   of   the    municipality    to   the    credit   of   said    public 


94$  MUNICIPAL   CORPORATIONS.  Act  2372,  §  ? 

hall  fund,  and  shall  be  applied,  exclusively,  to  the  following 
purposes,  to  wit: 

First — For  the  necessary  expenses  of  conducting,  main- 
taining, and  insuring  such  hall,  and  of  making  all  improve- 
ments and  repairs  thereof. 

Second — For  the  payment  of  installments  of  interest  or 
principal  becoming  due  on  said  bonds  until  the  whole 
of  said  bonded  indebtedness  shall  have  been  paid. 

Third — Any'  surplus  .  <  maining  after  providing  for  the 
purposes,  first  and  second  above  specified,  may  be  appro- 
priated and  used  for  general  municipal  purposes. 

Sec.  9.  The  legislative  body  of  any  city,  town,  or 
municipal  corporation  wherein  bonds  have  been  issued  for 
the  construction  or  completion  of  a  public  assembly  or 
convention  hall,  under  the  provisions  of  this  act,  shall  have 
the  power  to  appoint  and  employ  all  needful  architects,  en- 
gineers, superintendents,  and  agents,  to  prepare  plans  for 
the  construction  or  completion  of  such  public  assembly 
or  convention  hall,  and  to  superintend  such  work.  All  con- 
tracts for  the  construction  or  completion  of  such  public, 
assembly  or  convention  hall,  or  for  the  furnishing  of  labor 
or  materials  therefor,  shall  be  let  to  the  lowest  responsible 
bidder.  The  legislative  body  of  the  municipality  shall 
advertise  for  at  least  ten  days  in  one  or  more  newspapers 
published  in  such  municipality,  inviting  sealed  proposals 
for  the  construction  or  completion  of  said  improvement,  or 
for  the  furnishing  of  labor  and  materials  therefor  before 
any  contracts  shall  be  made.  The  said  legislative  body 
shall  have  the  right  to  require  from  the  successful  bidder, 
such  bonds  as  they  may  deem  best  to  insure  the  faith- 
ful performance  of  his  contract.  They  shall  also  have  the 
right  to  reject  any  and  all  bids.  Said  legislative  body 
shall  have  power  to  appoint  such  officers,  or  agents,  and 
to  make  and  enforce  such  rules  and  regulations  as  may  be 
necessary  for  the  management,  control,  letting,  and  use 
of  such  public  assembly  or  convention  hall;  provided. 
however,  that  in  cities,  towns,  or  municipal  corporations, 
operating  under  a  charter,  heretofore  or  hereafter  framed 
under  section  eight  or  article  eleven  of  the  constitution,  and 
providing  for  a  board  of  public  works,  all  matters  and  things 
required  in  this  section  to  be  done  and  performed  by  the 
legislative  boely  of  the  municipality,  shall  be  done  and  per- 
formed by  said  board  of  public  works;  provided,  further, 
that   in  cities,   towns,   or   municipal    corporations   not   having 


Acta  2373,  237*,  5  1      MUNICIPAL    CORPORATIONS.  944 

such  board  of  public  works,  the  legislative  body  may,  by 
ordinance,  appoint  a  commission  to  select  the  site  for  said 
hall,  tn  li.ivi  charge  and  supervision  of  its  construction,  and 
to  manage  and  control  the  letting  and  use  thereof,  and  may, 
by  ordinance,  prescribe  and  regulate  the  powers  and  duties 
of  said  commission. 

Sec.  10.     This  act  shall  take  effect  immediately. 

ACT  2373. 

To   providi     for   changing   the   boundaries   of    municipal   cor- 
porations, and  to  exclude  territory  therefrom.     [Stats. 
.   p.   356.] 

Cal.    Rap.    i 'It.     U,    37  MS,    471:     109.    473;     123,    W5. 

Superseded    In    part,    at    least,    by    1889.    453,    chap.    CCL.XXX.    Sea 
next   act. 

ACT  2374. 

An  act  to  provide  for  the  alteration  of  the  boundaries  of 
and  for  the  annexation  of  territory  bo  incorporated 
towns   and   i  for   the   incorporation    pf  such 

annexed  territory  in  and  M  B  part  of  such  munici- 
pality <.  and  for  the  d  .,'"vernment,  and  munici- 
pa]  control  of  annexed  I 

[Approved  March  19,  I8W.    Stats.  1889,  p.  358.] 

Rap     Ctt.     US,   COO;   123.   606;     183,    340. 
Am'ii.lf]    1906.    661. 

Alteration  of  boundaries  of  Incorporated   towns  or  cities. 

in    l.     The  boundarias  of  any  incorporated  town  or 

city,  whether  heretofore  or  hereafter  formed,  incorporated, 

reincorporated,   organized,   or   reorganized]   way   be   altered, 

and    aew    territory    annexed    thereto,    Incorporated    and    in- 

cluded   therein,  and   mad.'   s   part   thereof,  upon   proceedings 

being  bad  and  takes  as  in  this  eel   provided.    Ths  eeaaoil, 

,.r    other    legislative    body    el  any  eueb 

municipal    corporation,    Dp  ag    a    written    petition 

therefor    containing    ■   description    <>f    the    new    territory 

asked  to  be  annexed  to  such  corporation,  and  Btgaed  by  net 

than    one-fifth    in    number   of    the    qualified    electors  of 

municipal   corporation,  computed  upon   the   number  "f 

,t    the    l;>  ral    municipal    sit  ction    h<d,i 

,IHM-.  •,    without    delay,    submit     t«>    the    electors    of 

such  municipal  corporation,  and   to  I  rs  residinf 


94o  MUNICIPAL   CORPORATIONS.  Act  2274,  §  I 

the   territory   proposed   by   such    petition   to   be    annexed    to 
such   corporation,   the   question   whether   such   new   territory 
shall  be   annexed   to,   incorporated   in,   and   made   a   part    of 
said    municipal    corporation.     Such    question    shall    be    sub- 
mitted at  a  special  election  to  be  held  for  that  purpose,  and 
no   other;    and   such   legislative   body   is   hereby   empowered 
to,    and     it     shall    be     its     duty     to,     cause     notice     to     be 
given  of  such  election  by  the  publication  of  a  notice  thereof 
in    a    newspaper    printed    and    published    in    such    municipal 
corporation,    and    also    in    a    newspaper,    if    any    such    there 
be,  printed  and  published   outside   of  such   corporation,   but 
in  the   county  in  which  the  territory  so  proposed  to  be  an- 
nexed  is   situated,   in    each   case   at   least   once   a   week   for 
a  period  of  four  successive   weeks  next   preceding  the   date 
of   such    election.         Such    notice    shall    distinctly   state    the 
proposition  to  be    Submitted,    i.    e.,    that  it   is   proposed   to 
annex  to,  incorporate  in,   and  make  a  part  of  such  munici- 
pal  corporation   the  territory  sought  to  be   annexed,  specifi- 
cally describing  the  boundaries  thereof;   and  in  said  notice 
the  qualified  electors  of  said  municipal  corporation,  and  the 
qualified   electors   residing   in   said   territory  so   proposed    to 
be  annexed,  shall  .be  invited   to  vote  upon  such  proposition 
by  placing  upon  their  ballots  the  words  "For  annexation" 
or    "Against    annexation,"    or    words    equivalent    thereto. 
Such  legislative  bo  ly  is  hereby  empowered,  and  it  shall  be 
its   duty,  to  establish,  and  in  such  notice  of  election  desig- 
nate   the    voting     precinct    or    precincts,    and    the    place    or 
places   at  which   the   polls  will   be   opened  in   such   territory 
Bt   proposed  to  be  annexed,  and  also  in  such  municipal   cor- 
poration.       And    such    place    or    places    shall    be    that    or 
those   commonly   used   as   voting-places   within    such   munici- 
pal   corporation,    and    also    that    or    those    commonly    used 
within  such  new  territory,  if  any  such  there  be.     Such  legis- 
lative body  is  empowered  to,  and  it  shall,  appoint  the  offi- 
cers  of   such   election,   who   shall   be,   for   each   voting-place 
in    such    municipal    corporation,    and    for    such    voting-place 
in   said   new  territory,   two   judges   and   one    inspector,   each 
of  whom  shall  be  a  qualified  elector  of  the  voting  precinct 
in    which    he    is    appointed    to    act    as    an    officer    of    such 
election.      The    ballots    used    at    such    election,    the    opening 
and   closing   of    the    polls,   and   the   holding   and   conducting 
of  such  election,  shall  be  in  conformity,  as  far  as  may  be, 
with    the    general    laws    of    this   state    concerning    elections; 
and    the    judges    and    inspectors    of    such    election    shall    im- 
mediately' on    the    closing    of    the    polls,  count    the    ballots, 
Gen.  Laws— 60 


ActJ374.ll  MUM    ll'Al.  CORPORATIi  Hi 

make    up    and    certify    the    tally  the    ballots    cast 

at   tin  ir  polling-places,    seal,    Mid     then     imraedi- 

ately    Mnrn    tin  s    provided,   doing    so,  as 

nearly  as  practicable,  in  the  manner  provided  in  the  elec- 
tion lawf  of  this  t  the  ballots,  tally  sheets,  and 
returns  shall  retni  to  an.l  deposited  with  the 
idrrk  of  such  legislative  body.  Bueh  legislative  body  shall, 
at  the  time  provid  I  ag  next  after  the 
from  .- 1 1 1 <  1  late  of  ^M 
election,  sed  to  open  and  canvass  said 
ballots,  tallj  i  I  retnrna;  and  snch  eanvaas  shall 
be  i  »mpleted  at  snch  meeting,  if  practicable,  and  in  any 
d  as  practicable,  avoiding  adjournment  or  ad 

journmcnts,     if     possible,     until     said  ;s    eompll 

Bneh  eanvaas  by  such   l<  lt  -hall  be  i 

and  completed  as  The  ballol  such  outside 

territory    so    propo  ed    to    1"     annexed,    together    with    the 
t;iih  ad   returns  belonging  therewith,  shall  bo  can- 

and    the    ballots    fast    Inside    of    said 
municipal    corporation,  with    their    tally-sheets   and 

returns,  shall   be  irately,     [naaediately  upon 

the  completion  of  sueh  eanvi  «  said  legislative  body  shall 
rd    thereof    to    be    made    and    entered    upon 
its   mi' ■  irhole   number  of   ballots  cast   in 

such  outside  territory,  the  whole  number  of  ballots  cast  in 
such    municipal    corporation,    the    number    ti  -?    in 

r    of    annexation,    and    the    number    thereof 

jn   eacn  ration;    and   if   it   shall   appear   from 

sueh  canvass  that     majority  of  all  the  ballots  cast  in  sueh 
outside   territory,  and    a    majority    of  all   the  ballots 
inside  of  sai.l   municipal  corporation,  are   in  favor  of  annexa- 
tion,  the   cl.rk,   or   other   officer   performing   the   duties  of 
clerk,   of   such   leg  body,   shall    promptly   make   and 

tify,    under    the    seal    of    sai.l    municipal    corporation, 
-init     to    the    B<  ■    COpy    of    said    n 

8o   entered    upon   said    mil  ther    with   a  state m- nt 


947  MUNICIPAL   CORPORATIONS.  Act  2374,  §§  2,  :i 

showing  the  date  of  said  election  and  the  time  and  result 
of  said  canvass,  which  document  shall  be  filed  by  the  sec- 
retary of  state  immediately  upon  the  receipt  thereof. 
Prom  and  after  the  date  of  the  filing  of  said  document  in 
the  office  of  the  secretary  of  state,  the  annexation  of  such 
territory  so  proposed  to  be  annexed  shall  be  deemed  and 
shall  be  complete,  and  thenceforth  such  annexed  territory 
shall  be,  to  all  intents  and  purposes,  a  part  of  such  munici- 
pal corporation,  except  only  that  no  property  within  such 
annexed  territory  shall  ever  be  taxed  to  pay  any  portion 
of  any  indebtedness  or  liability  of  such  municipal  corpora- 
tion contracted  prior  to  or  existing  at  the  time  of  such 
annexation.  No  territory  which,  at  the  time  such  petition 
for  such  proposed  annexation  is  presented  to  such  legisla- 
tive body,  forms  any  part  of  any  incorporated  town  or  city, 
shall  be   annexed  under   the   provisions   of  this   act. 

Altering  boundaries  of  wards. 

Sec.  2.  The  legislative  body  of  any  incorporated  town 
or  city  which  is  or  shall  be  divided  into  wards,  and  to 
which  territory  has  been  heretofore  or  shall  be  hereafter 
annexed,  must  by  ordinance  either  so  t.lter  the  boundaries 
of  the  wards  of  such  municipal  corporation  as  to  include 
such  annexed  territory  in  one  or  more  wards  adjoining 
such  annexed  territory,  or  make  of  such  annexed  terri- 
tory one  or  more  additional  wards;  provided,  that  the  num- 
ber of  wards  shall  not  be  so  increased  as  to  exceed  the  num- 
ber which  such  municipal  corporation  may  according  to  law 
have.  In  altering  the  boundaries  of  wards,  or  creating  new 
wards,  regard  must  be  had  to  the  number  of  inhabitants, 
so  that  each  ward  shall  contain,  as  near  as  may  be,  an 
equal  number  of  inhabitants,  exclusive  of  persons  incapable 
of    citizenship    in    this    state. 

Sec.  3.  Nothing  in  this  act  provided  for  shall  alter  or 
affect  the  boundaries  of  any  senatorial  or  assembly  district. 


Art  'JT74.   ?!  >*8 

Kx]«  i  ■■■■■  paid 

All  proper  expenses  of  pn.e e(  dinars  for  an- 
nexation at  nder  this  act.  whether  such  nn 
•i,>n  thai]  and  eon  -  not,  shall  he  paid 
by  the  municipal  uiexing  or  attempting 
-nidi  territory.  Tn  the  eveart  thai  ■  tax  for  road 
pnrp  led  by  tbe  >>•  '-*i r«l  of  super. 
any                                                aittiate    in    territory    which. 

:  by  any  town  which. 

jn>l«r    tl  'it    which,    at    the    tim»> 

of    such  '  ■    c.ill.  ,-ti  .1,    then    rill    such 

e   tbe   property   "f 

the    toWR  f    'H    UBI  ■ 

II,   with  r  e  collected    by   the 

rnu:  by     bin     paid     into     the    county 

which    the    same    shall. 

h   town  01  eity,   apon 
refoi  I  lerk,  <>r  other 

-   <<{   cl.  rk    of   sin'h    town    or  eity. 

phnl' .  fd  "<*  supervisora  of 

t.  and  fll<   a  verified  claim  for  any  Ktoney 
.    town  an«1 

(he  "•■  :"l'l   the   amount   in   the   ha 

h  d>\vn  <<r  eity.  Said 
claim  shall  l>e  audited  by  tin  board  "f  supervisors  in 
tl,,.  d    which  ag    Inst    the    eounty    an 

audi  reof  la 

inty    auditor    instruct* d     to 

• 
■  I     1    territory    is    siti; 

QOt    paid    into    th. 
thla        -       [  A  m  '  1 
'    !.v-l 

•    1    b«    in    force    f r.-ri 

ad    afl  ■''• 

U    th#    "ami    «*^  wlig    «<- 


948a  MUNICIPAL    CORPORATIONS.  Act  2375,  §  1 

ACT    2375. 

An    act    to    provide    for    changing   the    boundaries    of    citie3 

and    municipal    corporations,    and    to    exclude    territory 

therefrom. 
[Approved    March    20,    1899.     Stats.    1889,    433.] 

Cal.    Rep.    Cit.    85,    370;     95,    452. 

Exclusion  of  territory   and  changing  boundaries   of   munici- 
pal corporations. 

Sec.  1.  The  boundaries  of  any  city  or  municipal  cor- 
poration may  be  altered,  and  territory  excluded  therefrom 
after  proceeding  had,  as  required  in  this  section.  The 
council,  board  of  trustees,  or  other  legislative  body  of 
such  corporation,  shall,  upon  receiving  a  petition  therefor, 
signed  by  not  less  than  a  majority  of  the  qualified  electors 
thereof,  as  shown  by  the  vote  cast  at  the  last  municipal 
election  held  therein,  submit  to  the  electors  of  such  cor- 
poration the  question  whether  such  territory  as  is  pro- 
posed by  such  petition  shall  be  excluded  from  such  munici- 
pal corporation  and  cease  to  be  a  part  thereof.  Such 
question  shall  be  submitted  at  a  special  election  to  be 
held  for  that  purpose,  and  such  legislative  body  shall  give 
notice  thereof  by  publication  in  a  newspaper  printed  and 
published  in  such  corporation  for  a  period  of  four  weeks 
prior  to  such  election.  Such  notice  shall  distinctly  state 
the  proposition  to  be  so  submitted,  and  shall  designate 
specifically  the  boundaries  of  the  territory  so  proposed 
to  be  excluded.  And  the  electors  shall  be  invited  thereby 
to  vote  upon  such  proposition  by  placing  upon  their  ballots 
the  words  "For  exclusion"  or  "Against  exclusion,"  or 
words  equivalent  thereto;  such  legislative  body  shall  also 
designate  the  place  or  places  at  which  the  polls  will 
be  opened  in  such  territory  so  proposed  to  be  excluded, 
which  place  or  places  shall  be  that  or  those  usually  used 
for  that  purpose  within  such  territory,  if  any  such  there  be, 
and  foi  the  purposes  of  this  act,  the  qualified  electors  re- 
siding in  the  territory  proposed  to  be  excluded,  shall  be 
entitled  to  vote  at  the  polls  in  such  territory,  and  not  else- 


Act  2375.  J  1  MUNICIPAL  CORPORATIONS*  *8h 

where.  Bach  legislative  body  shall  also  appoint  and  desig- 
nate in  such  notice  tl  •  of  the  officers  of  election. 
Such  legislative  bodjr  shall  meet  on  the  Monday  next  suc- 
ceeding  the  day  of  such  election,  and  proceed  to  cii,  . 
the  thereat  The  votes  cast  in  such  territory 
so  proposed  to  be  excluded  aha  I  d  separately, 
and  if  it  shall  appear  on  such  canvass  that  a  majority 
all  the  votes  cast  in  such  territory,  and  a  majority  of  all 
the  votes  in  such  corporation,  shall  bi  tor  exclusion,  such 
legislative  body  shall,  by  an  or<!<  r  •  n: .  r.  it  upon  their  min- 
iifir    clerk,    or    other    officer    performing    the 

duties    of   clerk,    to    make    and    transmit    t  rotary    Ol 

state  a  certified  abctracl  of  such  vote,  which  abstract  shall 
•how   the  Whole   number  of   I  ding  in  su.h   t>  rr 

the    whole    number    of    electors    voting    in    such    corporation, 
Bneh    territory,    the    number    of     <  It    fai 

tor   exclusion,   and    the   whole    number   of  ll    in 

'a.h    SgS  taion.      From    and   sit  t •  r  ot    tiling 

MCh    abstract,  .elusion    of    such    territory    from    such 

municipal      corporation      shall      be      de<  m-  d      complete,      and 
tlier.  ait.  rritory    shall    cease    to    be    a    part   of    such 

municipal     corporation;     provided,    that      nothing     contained 
in    this    act    shall    be    hi  id    to    r<  lieve    in    any    manner    what 

to,  \.i  any  part  of  such  territory  from  any  liability  for  aiu 

debt      Contract!  d     bj     such     mm  q. oration     prior     tu 

Buch  exclusion;  and    provided    further,  that  such  municipal 
corporation   is  hereby  authorized  to  levy   and   col 

any    territory     so  JUCb    sums 

oney    as    shall    be    found    dip     from    it    on    account    ol 

jus!  prop, n ion  of  liability  for  any  payment  on  the  princi- 
pal  or   interest   of   such    debts.     Sued. 
tion   shall   be   made   m    the   same    manner   and   at   the   1 
time    that    such    assessment    and    collection    is    levied     and 
made  apon  the  property  of  such  municipal  corporation   for 

any     payment      on     account     of     such     debts;      ami 
further,     that     any      BUCD     territory     so      excluded     from 
municipal    corporation    may    at    any    time    tender   to    the    , 


949  MUNICIPAL   CORl'OiiATIONS.  Act  2376,  §  1 

lative  body  of  such  municipal  corporation  the  amount  for 
which  such  territory  is  liable  on  account  of  such  debts, 
and  after  such  tender  is  made,  such  authority  as  is  herein 
given,  such  municipal  corporation  to  levy  and  assess  taxes 
on  such  excluded  territory  shall  cease;  provided,  however, 
that  after  an  election  shall  have  been  held  for  the  exclusion 
of  any  portion  of  a  municipal  corporation,  if  the  vote 
shall  be  against  exclusion,  no  election  for  the  exclusion 
of  the  same  territory  shall  again  be  held  within  three 
years  from  the  date  of  such  former  election.  (Am'd.  1905, 
715.) 

Sec.  2.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT    2376. 

An  act  providing  for  the  adjustment,  settlement,  and  pay- 
ment of  any  indebtedness  existing  against  any  city  or 
municipal  corporation   at   the   time  of   exclusion  of   ter- 
ritory   therefrom,    and    the    division     of     the     property 
thereof. 
[Approved  March  25,  1893.     Stats.  1893,  p.  536.] 
Sec.    1.     That    where     my    territory    has     been    or    shall 
be   excluded  from  any  city    or    municipal    corporation,    the 
superior  court  of  the  county  in  which  such  city  or  munici- 
pal corporation  is  situate  shall,  upon  a  verified  petition  of 
any  ten   taxpayers   residing  in   such   city   or   municipal  cor- 
poration,  or   in    the   territory   excluded,    made   for   the    pur- 
pose  of  adjusting  the   amount   of  the   indebtedness  of   such 
city   or   municipal   corporation   existing   at   the   time   of   the 
exclusion    oi    such    territory    due    from    the    excluded    terri- 
tory,   and    stating    the    facts    of    such    exclusion     and    the 
amount  of  such  indebtedness,  cause  notice  to  be   given  by 
publication  thereof  in  a  newspaper  published    in   such  city 
or   municipal   corporation,   or   in    a   newspaper   published   in 
the   county  in   which   such  city  or  municipal   corporation  is 
situated,  for  ten   days,   stating  the   substance   of   such  peti- 
tion, and  the  time  and  place  that  the  same  shall  be  heard 
by   said   superior   court,   which   time   of   hearing   shall   be   at 
Iwust  fiftee-D   days  after  the  filing  of  such  petition,  or  at  any 


Act   2376.    §   1  MIN  RPORAtf  95" 

time    tie  I  which    su.'h    hearing    may    be    continual 

by   the  court. 

•ion,  or  taxpayer  Interested  in  such 

pity    <>r    municipal  on,    or    in    such    excluded    terri 

tory,    or    in    :  ..  nt    nml    Battlement    of    such    indelit- 

mm    to    <>r    I  id    petition.     The    rules 

of  pleading  and  practice  provided  by  the  Code  of  Civil  Pro- 

li(  I   with  the  provisions  of  this 

pplicable  to  the  special   proceedings 

lirniii  pi  at  so  da  marring  or  newer 

jng    said     :  1"'     tin      il>  f.liil:iii!s     t.i     <:ii.l     S}m-<- i;t  1 

pro.  rs    of    the    petition    shall    be    the 

plaint 

,n   the  hearii  Bpecial   proceedings,  the  court 

shall   have  power  to  determine   the  amount  due   from  such 
excluded  territory  ty  or  mnnicipal  corporation  from 

which  it  was  excluded  t  the  indebtedi 

icn  city  or  munici]  n   existfng  at  the  time 

such     territory    wai  In    fixing    the    amount     du. 

booxI    DM 
:  lace   in   which   the   proceeds 
manner  and   place  in   which   the   pro. 

I ;     the    value    of     the 
the    said    city    or    municipal    SOrpon 

tioii    at'  the    ' 

I   city   or   municipal   corporation 
-     made    immediately 

on,   and     the  i >f    the 

ided    territory   as   Bhown   l>y   saeh   city   aeeaaeaaeal     If 
t|u.  the  property  belong  laid  city  or  mn 

pal   corporation,   and    which    remains    within    the   boundi 
,l,(  r  fa    exclusion,   Bhonld  the    value    ol 

.   it,  Bueh  >  zcraded  t<  rri- 
pro  rata  portion  of  the  in<fc  I 
or    municipal    corporation    due    from   such 

■  nt,  the  court 

that    th.'re    is    nothing   due    from   such 
finding    is    made,    and    judg- 
ed  by   the  court,  sueb   excluded   territory  shall 
not   be   sul-.i-  ;    m»j    "*«b   ind 

and   all   prep  >    or  municipal 

'    ,.. ,,,,,,.  its    boundaries   shall    belong   ex- 

clusii 

If  the  court  finds,  after  deducting  the  value  of  the  city 
or  municipal  prop,  rty  from  the  v:ilue  of  that  in  the  e-x- 
clu,;.  iry,     and     the     |>ru     raU     portion    ut     Ui. 


851  MUNICIPAL   CORPORATIONS.  Acts  2377-2:JS0 

edness  to  be  borne  by  such  excluded  territory,  a  balance 
due  from  such  excluded  territory,  it  shall  render  judgment 
accordingly,  and  the  amount  of  such  judgment  shall  be 
collected  and  paid  in  the  same  manner  and  at  the  same 
time  that  the  assessment  is  levied  for,  and  the  collection 
of  the  annual  municipal  taxes  is  made  upon  the  property 
remaining  in  such  city  or  municipal  corporation  for  any 
payment  on  account  of  such  indebtedness;  provided,  how- 
ever, that  any  such  territory  excluded  from  any  city  or 
municipal  corporation  may,  at  any  time,  tender  to  the  legis- 
lative body  of  such  city  or  municipal  corporation  the  amount 
for  which  such  excluded  territory  is  liable  on  account  of 
such  indebtedness;  and  after  such  tender  is  made  the  au- 
thority of  such  city  or  municipal  corporation  to  levy  and 
assess  taxes  on  such   excluded  territory  shall  forever  cease. 

Sec.   2.     This   act   shall  take   effect   and  be   in  force   from 
and  after  its  passage. 
Consult   also : 

ACT  2377. 

To  provide  for  the  alteration  of  the  boundaries  of  incor- 
porated towns  and  cities  by  the  annexation  of  unin- 
habited territory  thereto.     [Stats.  1899,  p.  37.] 

ACT    2378. 

Municipal    corporations    act,   enabling   them    to    annex   adja- 
cent property.     [Stats.   1871-2,  p.  50.] 

Repealed   1873-4,    535. 

ACT   2379. 

To   provide   for   changing  the   boundaries   of   cities   and   mu- 
nicipal corporations,  and  to  exclude  territory  therefrom. 
[Approved  March  19,  1889.     Stats.   1889,  356.] 
The   code    commissioners   say    this   act    was   superseded.    In    part    at 

least,   by  1SS9,   433,   ante. 

ACT    2380. 

To  enable  the  board  of  supervisors,  town  council,  board  of 
aldermen,  or  other  legislative  body  of  any  city  and 
county,  city,  or  town,  to  obtain  data  and  information, 
from  any  corporation,  company,  or  person  supplying 
water  to  such  city  and  county,  city,  or  town,  requiring 
such  boards,  town  council,  or  other  legislative  body 
to  perform  the  duties  prescribed  by  section  one  of  ar- 
ticle  fourteen   of   the   constitution,   and  prescribing  pen- 


Arts  OU,    i  MUNICIPAL  CORPORATIONS. 

altics    for    the    non-performance    of   such    duties.     [Ap- 
proved  March   7,   1881.     Stats.   1881,  p.  51.] 
Amended    1SS5,    95. 
Cal.    Rep.    Clt.    61,   28:     118.   487. 

Unconstitutional    In    part.     (Fitch   v.    Supervisors,    122   Cal.    285.) 
See    this   act,    title    Water    Companies,    post. 

ACT   2381. 

Authorizing    municipalities    of    less    than    the    first    class    to 
obtain,  by  purchat  ".  or  devise,  lands  for  cem- 

etery  purposes;    and   authorizing  the  board   of   tn 
of  said   municipalities   to   make  all   necessary  rules  and 
regulations   for   the   government  and  disposition  of  the 
sani.  .   1899,  p.  22.] 

ACT  2382. 

An    act    to    ratify    and    confirm    the    conveyance    of    certain 

property   to   trustees   for  charitable  or  educational   pur- 
-   Ii\    the  eJty   council  or  trustees  of  any  city  oi 

than    fifty    thousand   inhabitants,  or  of  any   incorporated 

town. 

[Approved  March  8,  1889.     Stats.  18S9,  p.  94.] 

Confirming    conveyance    of    property    for    charitable    or    edu- 
cational purposes. 

Section  l.  Wherever  the  city  council  or  trustees  of  any 
city  of  less  than  fifty  thousand  inhabitants,  or  of  any  in- 
corporated town,  has"  by  deed  of  trust  i  property, 
or  any  portion  thereof,  that  has  been  set  apart  for  a  pub- 
lic park,  to  trustees,  for  charitable  or  educational 
such  conveyance  is  hereby  ratified  and  confirmed |  pro- 
vided, that  no  institution  now  existing  or  to  be  established 

on    such     property    shall    be     private     in     its    benefits,    or 
tarian    in    its    work    or    teachings,   or    be    to   any   extent    finder 
the    managi  mi  nt    or    control   of   or    in    any    way    tributary    to 
any  religious  creed  or  order,  church,  or  sectarian  denomina- 
\u;u     w|  provided    further,    that    land    so    cons 

shall    DC    k-pt    open    as    public    grounds    by    the    trui 
such     institutions     as     are     or     may     be     placed     thereon,     and 
that    the    public    visitation    of    such    grounds    shall    not    b 
strict.. 1,   excepting   by   Buch    reasonable   regulations   as   park 
property    an  1    the    proper    m.ii  n  •  ■  I     such    institutions 

may   require;   provided,   furth<  r,   that    pn 

shall    revert    to    th<     grantors,    whenever    and    -  the 

grantees  do   not  use   the  same    in   accordant    with    thi    stipu 


Ml  NAPA   CITY— NAPA   COUNTY.  Acts   2387-2398 

lations   of   the   deed   of  trust   and   with   the   requirements  of 
this  statute. 

Sec.   2.     This  act  shall   take   effect   immediately. 


TITLE    321. 
NAPA   CITY. 
ACT    23S7. 

Act   to   incorporate.      [Stats.    1871-2,   p.   542.] 

Reincorporated   under  statute  of  1873-4,    p.    140,   chap.   CXVII,   which 
must   operate   as  a  repeal   of   the   earlier  statute. 

ACT    2388. 

Reincorporating.      [Stats.   1873-4,  p.  140.] 
Amended   1875-6,    550;     1S77-8,    1011.     Superseded  by  charter,    1893,   641. 

ACT   2389. 

Water  supply  for.     [Stats.  1875-6,  p.  595.] 

Superseded   by    charter,    1893,    641. 


TITLE   322. 
NAPA  COUNTY. 
ACT   2394. 

Legalizing   certain   notarial   acknowledgments.     [Stats.   1875- 
6,  p.  572.J 
This    act    legalized    acknowledgments    taken    by         •:     N.    M.     Bon- 
ham. 

ACT  2395. 

In  reference  to  county  assessor.      [Stats.  1871-2,  p.  437.] 
Superseded   by   County   Government   Act,    1S97,    532,    sec.    180. 

ACT    2396. 

Providing  for  the   building   and   furnishing  of  a   courthouse 
and  jail  in.      [Stats.   1877-8,  p.  569.] 

ACT   2397. 

Act  defining  northern  boundary  of.     [Stats.   1871-2,  p.  305. J 

ACT    2398. 

Dispensing  with  copies  of  great  register  in  certain  elections 
in.     [Stats.   1873-4,   p.   515.] 
"Repealed     by     Political     Code,     sees.     1094-1097    and    1115,     1116,     as 
amended    in    1899." — Code    Commissioners'    Note. 


NATA    COUtfTY.  »54 

ACT   2399. 

Estrays    in.      [Stats.    1871-2,    p.    134.] 

ACT    2400. 

Applying    provisions    of    act    of    1873  t,    p.    BO,    to.     ( stats. 
i^::;-4.   ],.   7<i.-..j 

Re; 

This  act   ma.ie   the   act   relating   to   the   trespassing  of  animals   ap- 
:  Ay. 

ACT  2401. 

■rs    to    transfer    a    certain    fund.      |  Stats.    1S77-S,    p. 

Superseded   by  aubd.   18,   se<\    X,   <'.>unt  ant  Act.    1897.    4U» 

This  act   authorized   the  transfer  of   the  swamp  land   fund  Into   the 

:il     f  unl. 

ACT    2402. 

Salaries  and  eomp<  f  certain  officers.     [Stats.  187 

Amended    18T7-8,    Oil  >    County    Government    Acts.    LOT, 

532.    Me 

ACT    2403. 

Concerning    persons    under    -  tnment    in     in II 

of.     |  Btata.   i-7i  '-'.  p.  " 

Superaeded   by   .*  •  nt  Act.    1897.    Mi. 

This   act   authorized    the   nt]  to   put   the   prisoners    to    work 

upon   the   public   works. 

ACT    2404. 

To   provide    fur  the   transcribing  and   trai«frrring   certair 

urds    in    Sonoma    and    Solano    counties    to    the    county    of 

Naj  a.     |  5  8,  p.  t>5.] 

ACT    2405. 

Transcribing  records  of.     [Stata.   1V|  "•! 

This    was    an    act    for    the    better    pu-servatlon    of    certain    records 

inty. 

ACT    2406. 

To   provide    for  tbe   eatablisbnien*.   and   maintenance  of  reads 
in.        -  L877  8,    p.    1084.] 

.    rhap.    X.    .- 


955       NAPA    LADIES    SEMINARY— NATIONAL    GUARD.     Acts  2407-242S 

ACT    2407. 

Board   of   supervisors,   reorganizing.     [Stats.    1873-4,   p.    158.] 

Supplemented    1S73-4,    329.    Repealed    by    County    Government    Act, 
1897,    455,    sees.    14-18. 

ACT  2408. 

Fixing  fees  of  county  surveyor.     [Stats.  1873-4,  p.   108.] 

ACT   2409. 

Title   to   certain   lands   in,   quieting.     [Stats.    1873-4,   p.   329.] 
This  act  related    to  certain   lands   in   the   Suscol   rancho. 


TITLE   323. 
NAPA  LADIES   SEMINARY. 
ACT  2414. 

Authorizing   the   granting    of    diplomas    by.     [Stats.     1871-2, 
p.  801.] 


TITLE  324. 
NAPA    RIVER. 
ACT  2419. 

Authorizing    construction    of    bridge    across,    at    Napa    City. 
[Stats.   1871-2,  p.   792.] 
Repealed   1875-6,   835. 


TITLE  325. 

NATIONAL  GUARD. 
ACT    2424.     . 

To   define   the   duties   of   inspectors   of   rifle   practice.     [Stats. 
1877-8,  p.  758.] 
■Probably    repealed    by    Political    Code,    sec.    2008,    adopted    1897."— 
Code    Commissioners'    Note. 

ACT    2425. 

To  provide  for  independent  and  unattached  companies  of, 
and  to  provide  for  the  manner  of  making  allowances  for 
the  use  ar.d  support  of  such  companies.  [Stats.  1901, 
p.  110.] 

This    act    appears    in    full    in    Political    Code,     Appendix,    p      1099 


Acts   2426-2430  NATIONAL    GLARD.  *>« 

ACT    2126. 

To  establish   a  camp  of  instruction  for  the,  and  to  authorize 

tin-    lequisition     by    donation    of    a    site    for    the    same. 

|8ti  I,  p.  85.] 

ACT   2427. 

Providing   that   all   encampments  of  the   National   (ruard  shall 

bfl    held    at    the    state    camp  of    instruction    unless    other- 

ordered     [Stats.   1809,  p.  148.] 

ACT    2428. 

Authorising  the  acquisition  by  donation  of  a  site  or  sites  for 
camps  of  instruction  for  the  National  Ouard  of  the  state 
and   to   improve  the  same.      [Stats.  1893,  p.   123.] 
Probably    repealed    1899.    86. 

ACT    2429. 

Begardinjj     organizations,     officers,   and    members   of   the    Na- 
tional  Gnard  who  entered  the  United  Btatee  volunteer  ser- 
in the  Bpanish-Ameriean   war;   their  privilege,  and 
exemptionB,  ;m  I  retirements,  and  providing  fur  the  return 
to  such   National  Guard  rganizations,  officers  and 

[Stats.   1899,  p.   158.] 
See   Political   Code,    see*.    1936.    1973a,    as   amended    1901,    681.    H6. 

ACT   2430. 

ict  making   an   appropriation   to  pay  the  claims  for  ser- 

supplies,    transportation,    and    other 

j    of    the    National    Gnard    of    California    and    the 

X-,,:  led    into   service   by  order  of   the 

governor  in  the  months  of  April.  May  and  June,  1906. 

[  Approved   .Tunc    14,    1006.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enaet  as  follows: 

on     1.     The    sum    of     four   hundred    thousand    dollars 
($.],  ,s  hereby  appropriated  out  of  any  money  in  the 

.   not  otherwise  appropriated,  to  pay  the  claims 
lnr  transportation,  and  other 

eXp  tt<    National  Guard  of  California  and  the  Uni- 

:  into  service  by  ordi  r  of  the  governor 
in  the  months  of  April.  May  and  .Tunc,  1906;  said  money  to 
be  available  July  1st.  1907.  Said  claims  to  be  audited  by 
the  adjutant  general   before  being  paid. 


957  NATUR  VLIZATION— NAVIGATION.  Acts  2434-2446 

Sec.  2.  The  controller  is  hereby  directed  to  draw  his  war- 
rant in  payment  of  said  claims  in  favor  of  the  person  or 
persons  designated  by  the  adjutant  general,  and  the  treas- 
urer is  hereby  directed  to  pay  the  same. 

Sec.  3.     This  act  shall  take  effect  immediately. 


TITLE  326. 
NATURALIZATION. 
ACT  2434. 

Naturalization,  provision  for  indexing  names  of  persons 
who  have  declared  their  intention  to  become  or  who  have 
become  citizens  of  the  United  States.  [Stats.  1871-2, 
p.  80.J 

Sec.   1  probably   in  force;   sec.   2  superseded  by   the  fee   bill   of  1895, 
267. 


TITLE  327. 
NAVAL  BATTALION. 
ACT    2439. 

To  establish  a  naval  battalion  to  be  attached  to  the  National 
Guard.      [Stats.   1891,  p.   258.] 
Repealed   1893,    63. 

ACT   2440. 

To  establish  a  naval  battalion  to  be  attached  to  the  National 
Guard.      [Stats.  1893,  p.  62.] 

Modified,     if     not     superseded,    by     Political      Code,    sec.     1962,    as 
amended   1901,   5S3. 


TITLE  328. 
NAVIGATION. 

ACT    2445. 

Buoys   and   beacons,    protection   of.      [Stats.    1873-4,    p.    619.] 

ACT    2446. 

Submarine  sites  for  lighthouses,  and  other  aids  to  navigation. 
[Stats.  1873-4,  p.  621.] 

This    act    authorized    the    governor    to    convey    sites    to    the    United 
States   for   the   above   purpose. 


Act*    2461-2461  NEC  Kt> 

TITLE  329. 
NEGLIGENCE. 
ACT    2451. 

Requiring    compenpation    for    causing    death    hy    wrongful    act, 
neglect,    or    default.      [8l  p.    117.] 

Cal.   Rep.    Cit.    42,   HI  oo,   UX;    si.   :■:;.    ii:,.     U. 

Superseded   by   Code   of  Civil    Procedure,   sec*.   376.    377. 


TITLE  330. 

NEU«  B8   I  KKEK. 
ACT   2456. 

To    ili<Lir..'    Neuees   Creek    in   Contra   Costa   County    navigable 
[ftl  .  p.   121] 

lncorporaled    la    Political    Code.    tec.    2348. 


TITLE  331. 
■  ADA    riTY. 
ACT  2461. 

Incorporating.      [Stats.  1877-8,  p.  221] 


TITLE  332. 
NEVADA   OOUNTT 

ACT  2466. 

and  mileage  in  criminal  cases  in.    [Ptats.   1873  fi.  p.  404.] 
[tspf  lad    hy    fee    bill    of    1(36,    3*7.    and    County    Government    Acta. 

171. 

ACT    2467. 

Lawful  [Plats.    L86S-4,   p.  318.] 

This   act   extended   the  act  of  1!<S6  concerning   lawful   fence*   I 
vrola    Tounty. 

ACT    2468. 

Regulating    salaries     of    officers    of.     [Ptata.    1877-8,    p.    551.] 
Repealed   by   County   Government   Acts,    1837,   524,    sec.    173. 

ACT  2469. 

To  remedy  defects  in  certain  county  records.      [Ptats     187]  2. 
p.   377.] 

This    act    validated    certain    r.mrlp    In    Nevada    County    whlco.    U>« 
lj-»»i.i..Dt    of    IU»    board    had    uoiiit*.J    to    »ljn> 


959  NEW  REPUBLIC— NORMAL  SCHOOLS.        Acts  2470-24M 

ACT  2470. 

Indexing  certain  records  of.      [Stats.  1873-4,  p.  280.] 
This  act   provided   for  the   manner   of   indexing   certain    deeds. 

ACT    2471. 

Public  roads  in.      [Stats.   1871-2,  p.  448.] 

Amended    1873-4,     293;      1875-6,     423;      1877-8,     279,     364.     Repealed     by 
statute  of  1883,   p.   5,   chap.   X,   sec.   2. 

This    act    provided    for    the    location,     construction,     and     mainte- 
nance of  public   roads  in  Nevada  County. 

ACT    2472. 

Nevada    school    district,   board    of    education    of,    establishing 

and     defining     powers    and    duties     of.     [Stats.     1873-4, 

p.  614.] 

ACT    2473. 

Quarterly    meetings    of    supervisors.      [Stats.    1873-4,    p.    239.] 
Repealed   by    County   Government   Acts,    1897,    452. 

ACT  2474. 

Authorizing  supervisors  to  remove  bodies  of  certain  deceased 
persons.     [Stats.  1877-8,  p.  104.] 


TITLE  333. 
NEW   REPUBLIC. 
ACT   2479. 

Name  changed  to  Santa  Rita.     [Stats.   1873^4,  p.   823.] 


TITLE  334. 

NEW   SAN   PEDRO. 
ACT  2484. 
To     change    the   name   of    New   San    Pedro    to    Wilmington. 

[Stats.  1863,  p.  328.] 


NORMAL  SCHOOLS. 

See    Schools. 


Acta   M89-2S0fi  NOV  A  TO    CREEK.  960 

TITLE  335. 
NORTH  BEACH  AND   MISSION    RAILROAD  COMPANY. 

ACT  2489. 

Cranting     certain     privileges     to.       [Stats.    1S71-2,    p.    761.] 

ACT  2490. 

Granting   certain   privileges   to.      f Stats.    I8TT-8,   p.   278.] 


TITLE  336. 

NORTH    S\N    FRANCISCO    HOMESTEAD    A.NTJ    KAIL- 
ROM»    ASSOCIATION. 

ACT  2495. 

Authorizing  sale    and     conveyance    of    lands     in    San    Frnn- 
eo   to.      f Stats.    1863-4,  p.   482.] 

This    act    auth^rlz'-d    lh>-    commissioners    of    swamj>    and    overflowed 
land*   to   convey    certain    overflowed    land    to    thui   corj>   ration. 


TITLE  337. 

v  >r  \i; 

ACT  2500. 

Fresno,   Tulare,    and    Humboldt    counties,    additional    notaries 
for.     [Stats.   1873-4,  p.  20.] 

Repealed   by   Political   Code.    sec.   791. 

ACT    2501. 

Additional   for  certain  counties.      [Stats.    1873-4,   p.   30.] 

Repealed  by  r  lltloS.1  791. 

Thip   act      '  adlltlonal   notaries   In    the   counties   of    Santa 

Clara.    Napa,    Pnnta   Barbara.    Sin    I.uls  Obispo,   and   Sonoma. 

ACT  2502. 

Defining  duties  of.     fStats.    1871-2,   p.   792.] 
Bapplemantlni   art   of   Aprl  Repealed   by    Political    Oada, 

sec.  791. 


TITLE  338. 
NOVAIO   CREEK 

ACT  2505. 

Declaring    '  tuary   in  Marin   County  navi- 

gable.     [stats,  i860,  p,  257.  ] 

Incorporated    In    Political    Coda,    see. 


«60a  NUECES   CREEK— NURSING.         Acts  2506-250Sa.    5S   1.   2 

TITLE  339. 

NUECES  CREEK. 
ACT  2506. 

Declared  navigable.     [Sbats.  1858,  p.  127.] 
Incorporated   In   Political   Code,   sec.   2349. 


TITLE  340. 

NUISANCES. 
ACT  2507. 
'i'o  prevent  certain  public  nuisances.     [Stats.  1852,  p.  100.] 

Superseded   by   Penal   Code,    sec.    374. 

ACT  2508. 

Authorizing  and   directing   district   attorneys  to   bring  suits 
to    abate   public    nuisances.      [Stats.    1899,   p.    103.] 
Cal.   Rep.    Cit    147,   380. 


TITLE  340a. 
NURSING. 
ACT  2508a, 

An  act  to  promote  the  better  education  of  practitioners  of 
nursing  the  sick  in  the  State  of  California,  to  provide 
for  the  issuance  of  certificates  of  registration  as  a  regis- 
tered nurse  to  qualified  applicants  by  the  board  of  re- 
gents of  the  University  of  California,  and  to  provide 
penalties   for   violation    hereof. 

[Approved  March  20,  1905.     Stats.  1905,  p.  533.] 

Section  1.  Commencing  in  the  month  of  July,  1905,  and 
at  least  semi-annually  thereafter,  the  board  of  regents  of 
the  University  of  California  shall  hold,  or  cause  to  be  held, 
such  examination  or  examinations  as  they  may  deem  proper 
to  test  the  qualifications  and  fitness  of  applicants  for  certifi- 
cation and  registration  as  registered  nurses  within  the  state 
of  California.  Such  examinations  shall  be  practical  in  char- 
acter, and  a  reasonable  notice  designating  the  time  and 
place  thereof  must  be  given  by  publication  in  at  least  two 
daily  papers  published  within  the  state  of  California. 

Sec  2.  All  applicants  for  examination  must  furnish  sat- 
isfactory evidence  of  good  moral  character  and  of  having 
complied  with  the  provisions  of  this  act  relative  to  qualifi- 


*ta.  ii  3-5  »«*> 

and  any  examiner  may  inqnir.   of  any  applicant  for 
mination   concerning   his  or  her  character,   qualificati 
cperience,  aad  may  tnk..  testimony  in  r.  lt^t-iI  thereto,  un- 
der oath,  which   he    is  hereby   empowered    to   admin  i 

Ml   persona  bs  i   ssnssttins 

tion8  shall  be  granted  by  the  board  of  r 

v.  r-  t"< .rn i ri   :i  I  sal    DC  OT  the    is   :t 

registered    nurse   within   tic  ifomia,   and   shall 

thereafter  be  known  and  styted  The 

secretary  of  th>    said  board  Bhall  k<  «•]»  in 

a  book  showing  the  names  of  all  persons  t<>  whom  certifi 

as    r  i.  d.     Graduates     >f    all 

tr:iit  N    for    nnnei    which   shall    hav.     I 

by  the  said  board  of  regents  may  be  certified  tered 

nurses,  without  examination,  :it  any  time  within  tin 

of  this  art,  npoa  I  pic 

scribed  in  s.  etioi  foa*  In  reof. 

raon   applying  fur  examination, 
H>n  as  a  registered  ^11  pay  to  the  secretary 

of  the  said  board  of  r<  _  Are  dollars,  which  shall 

in  no  ease  be  refunded.     A  certificate  of  registration  shall  be 
void  thr>  f,  bul  s  new  certil 

mav  be  issued  to  the  holder  npon  the   payment  of 
one  dollar.     All  pn  eurred  in  carrying  «.ut  the  provl 

l  of  this  act  shall  b«'  paid  from   I  -   col- 

lected   hereunder,   and    the   surplus    receipts,    if   any,   shall    be 
us.  .1   tO   provide   for  odNscatiOB   in  nursing. 

•  ion  or 
for   registration    as   B    registered    nurse   who    Bhall    not    furnish 

satisfactory    evidence  si    baring  graduated,   from   ■   nun 

training  school:  (a)  ti  bed  to  a  reputable  hospital; 

(b)  that  gives  a  genera]  training  and  a  systematic,  theoreti- 

iti.l    practical    course    of    study    covering    a    peri...;    ,,('    ;lt 
least    two   years;    (c)    and    that    has   been    approved    by    the 
i  of  regents  of  the   University  of  California. 
(II)  Aft-r  January  1st,   1908,  no  person  shall 
t"..r  examination   or  for   registration  as 
unless: 

(a)  He    or   she    is    at    1.  BBt    twenty-on.     j  -.  : 

(b)  He  or  she  is  a  graduate  of  a   trail 

by  the  board  of  regents  of  the  Uaivei  alifornLa,  and 

after  said  .late  as  school  shall  be  approved  >>r  nssaain  on  tin 
list  of  schools   approved   by   said   board  of   regents,  unless  it 


961  OAKLAND.  Act  2509 

is  attached  to  a  general  hospital,  and  its  course  requires  a 
three  years'  training  in  that  hospital;  provided,  that  a  train- 
ing school  approve  d  as  aforesaid  may  graduate  students  who 
have  spent  a  year  therein  subsequent  to  completing  a  two 
years'  course  in  the  training  school  attached  to  a  special 
hospital. 

(Ill)  After  January  1st,  1910,  no  person  shall  be  eligible 
for  examination  or  for  registration  unless  he  or  she  furnishes 
satisfactory  evidence  of  having  substantially  completed  the 
course  of  studies  pursued  in  the  grammar  schools  of  the 
state  of  California,  or  an  equivalent  course. 

Sec.  6.  The  board  of  regents  of  the  University  of  Cali- 
fornia shall  have  power  to  revoke  any  certificate  of  registra- 
tion for  incompetency,  dishonesty,  intemperance,  immorality 
or  unprofessional  conduct,  after  a  full  and  fair  investiga- 
tion of  the  charges  preferred  against  the  accused.  Prior  to 
such  hearing  a  written  copy  of  such  charges  shall  be  fur- 
nished to  the  accused,  wlu  shall  have  at  least  twenty  days' 
notice  in  writing  of  the  time  and  place  where  such  charge 
will  be  heard  and  determined. 

Sec.  7.  Any  person  procuring  registration  under  this  act, 
by  false  representation  or  who  shall  refuse  to  surrender  a 
certificate  of  registration  which  has  been  revoked  as  set  out 
in  this  act,  or  who  shall  use  the  title  of  "registered  nurse," 
or  append  the  letters  "E.  N. "  or  any  other  words,  letters 
or  figures  to  indicate  that  the  person  using  the  same  is  a 
registered  nurse,  unless  such  person  shall  be  lawfully  en- 
titled so  to  do,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conyiction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  five  days 
nor  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment; provided,  however,  that  nothing  in  this  act  contained 
shall  be  construed  to  prohibit  or  affect  that  gratuitous  nurs- 
ing of  the  sick,  nor  to  nursing  the  sick  for  hire  by  a  person 
who  does  not  in  any  way  assume  to  be  a  registered  nurse. 


TITLE  341. 

OAKLAND. 
ACT  2509. 

Charter  of.      [Stats.   1889,  p.  513.] 

Gtf.     Rep.     Cit.      U.j,    121:      1*S.     422:      145.    422.:      14a.     425;      145.     427 
<"l«n      T  ji  mi  a-    S3 


Acts  2810-2518 


OAKLAND. 


ACT    2510. 

Incorporating.      ("Stats.    1878-4,   p.   Snt."] 

Supplementing    act    of    April    24,     1862.     Superseded    by    charter    of 
Onkland.    1S89,    514. 

ACT   2511. 

\  hirudin,  Oakland,  and  Piedmont  Railway  Company,  au- 
thorizing city  council  of  Oakland  to  grant  certain 
privileges  to."  [Stats.  1875-6,  p.  499.] 


ACT  2512. 

Assessor,  salary  of.     [Stats.   18TB-4,   p.   1  i<*.] 

I   t.y   the  charter  of  Oakland.   1889,   621.   5S3,    sees.    40  and   *4. 

ACT   2513. 

Providing    compensation    for    the    township    assessor    of    the 
township   of.      [Stats.    1877-8,    p.    557.] 

ACT  2514. 

■non    eonneil,   appropriation    of   moneys   by    to    certain 
ties,     |  stats.   1877  I,  p.  2">2." 

SupTjedofl    by    charter    of    <~»nkl*nd,    IMP,    lit,    MO.    81.    »hM.    4r 
Thla  act   anthorUf.l   the   pavment   from   fines  collated   In    the   police 
r.uirt    to    the    Oakland    Benerolent    Society    and    the    Lad  lea'    Hellef    So- 

ACT     2515. 

To    issue    and    sill    bonds   of,    and    with    proceeds   to    pay    and 

oanee]  certain  other  bond*     [Stats.  1873-4,  p.  845.1 

ACT  2516. 

To  provide   for   the   liquidation   of   the   floating  |nd< 

of  tiir  i'itv    of    Oakland  and   to  prevent   the  incurring 
of  farther  debts,     [Stats.   1871-4,  p.  799.] 

Thl»    act   authorized    the    Issuance   of   bonds   not    exceeding;   $100,000. 

ACT    2517. 

To  provide  funds  for.      [81  -'.  p.  590.] 

This    act    authorized    the    city   council    to    Issue    bonds. 

ACT    2518. 

Authorising    the    construction    of    a    l>r  t$    the    rstn- 

arv   ol    Baa     \  i't.. ni.i.   between    Eighth   Btreet   and   East 

Ninth   SI  net.      [Stata.    1875  6,   p.   I 


963  OAKLAND.  Acts  2519-i;52% 

ACT    2519. 

Elections  in,  time  for  holding.     [Stats.  1875-6,  p.  64.] 
Superseded   by   the   charter   of   Oakland,    1889,    514. 

ACT    2520. 

Gas  and  water  pipes  in,  laying  of.     [Stats.  1875-6,  p.  312.] 

See    Charter   of   Oakland,    sec.    31,    subd.    26;     also    1889,    539,    sees. 
TO,    71. 

ACT  2521. 

Oakland  Harbor,   to   facilitate   the   construction  of  a  canal 
for.      [Stats.    1875-6,   p.   862.] 
Amended   1877-8,    113. 

ACT    2522. 

Ratifying  an  ordinance  of.     [Stats.  1877-8,  p.  71.] 

This   ordinance    abandoned   certain    streets. 

ACT  2523. 

Legalizing     the    ordinances    of    Oakland    in    respect    to    the 
penalties   therein.      [Stats.   1871-2,   p.   75.] 

ACT    2524. 

Granting   certain     salt-march     and    tide-lands   to.         [Stats* 
1873-4,    p.    132.] 

ACT    2525. 

Superintendent  of   public  schools,   salary  of,   act  fixing  and 

also    limiting    powers    of    board    of    education.     [Stats. 

1875-6,  p.  169.] 

Amended   1877-8,    735.    Superseded   by   the   charter   of   Oakland,    1SS9, 
B14. 

ACT  2526. 

Authorizing    construction    of    main    sewers.     [Stats.    1875-6, 
p.    896.] 
Probably  superseded  by  charter  of  Oakland,   1889,   514. 

ACT    2527. 

Streets  in,  opening.     [Stats.   1875-6,  p.  468.1 

Repealed  1877-8,   619. 

ACT    2528. 

Opening  of  streets  in.     [Stats.  1877-8,  p.  614.] 

Probably    superseded    by    the    Vrooman   Act,    1885,    147. 


Acts  26J9-2644  ODD    FELLOWS— OFFICERS.  »M 

ACT  2529. 

To  district  the  city  into  wards.     [Stats.  1875-fi,  p.  fiC."] 

Amended    1877-8.   813      Superseded  by  sec.   8  of  srt.   I   of  the  charter 
Bf   Oakland,    1S89.    513. 

ACT   2530. 

Authorizing    to    obtain    a    supply   of   water.     [Stats.    1S73-4, 

tit] 
Superseded   by   charter,    1889,    529,   637. 

ACT  2531. 

Knahline;  citv  to  acquire  and  rna:ntnin  wnterworks.     [Stats. 

7.] 
Superseded    by   charter,    18'j9,    629.    sec.    II,    subd.    41. 


TITLE  342. 
01>1.»   FKLLOW& 

ACT     2536. 

Amending    act    relating    to    cor|K>rations.     [Stats.    18~>3,    p. 
274.] 

See    note    to   act    832.    note. 

This    act    authorised     ten    or    more    cltlzms    to    assume    corporate 
powers   for   the  purpose  of   erecting  Odd   Fellows'    halls. 

ACT    2537. 

Independent  Ordei  of  Odd   Fellows,  authorizing  trustees  to 

UpM  a  Iwt   in   9*M    1- 1  (Stats.   ls77-\  j-.  ."> G 1 . J 


TITLE  343. 
OFPI(  i 

ACT    2542. 

Educational     offices,     making     women     eligible    to.      [Stats. 

1873-4,  p.  166.] 

This   act   appears  In    full    In    Political    OM»,    Aii-end'.x.    p.    Ml. 

ACT    2543. 

To   secure   to    native-born    ami    naturalized    citizeni    the   ex- 
clusive right    to    be    employed    In    the  noWii  service. 
its.   1901,  p.  589.] 

ACT   2544. 

To   provide   for   the   paymi  ui   by   tl  r  counties,  or 

cities,     or    eitirs     and     counties,    of    the    premium    or 


963  OFFICERS.  Acts  2545-2551, 

charge    on    official    bonds    where    given   by   surety    com- 
panies.     [Stats.   1903,  p.   476.] 
This  act  appears  in  full  in  Political  Code,   Appendix,   p.   10*1. 

ACT  2545. 

Civil    officers,    removal    of     for     violation    of    official    duty. 
[Stats.    1873-4,    p.    911.] 

"Repealed   by  the  constitution   of  1879  and   the  County   Government 
Acta.     (Fraser  v.    Alexander,    75   Gal.    147.)"—  Code   Commissioners'    Note. 
Cal.    Rep.    Cit.    97,    3S1. 

ACT   2546. 

Concerning  confirming  and  ratifying  leases  and  other  con- 
tracts made  by  any  officer  or  boards  of  officers  of  the 
state.       [Stats.  1901,  p.  601.] 

ACT    2547. 

To  protect  candidates  for  certain  public  offices,  to  prohibit 
certain  acts  by  such  candidates,  and  to  provide  a  pun- 
ishment    for     infractions     of     this     law.      [Stats.    1897, 
p.  53.] 
Codified  by  amendment  of  Penal  Code  of  1905.    See  note  to   §   55a, 

Penal   Code. 

This   act   prohibited    the    pledging    of   candidates   or   the   giving   of 

pledges  by   candidates. 

This  act  appears   in   full   in  Political   Code,    Appendix,   p.    1102. 

ACT  2548. 

Relating    to    the    intoxication    of    officers.     [Stats.    1880,    p. 

77.] 
This  act  appears   in  full  in  the  Penal  Code,   Appendix,    p.   635. 

ACT  2549. 

To   protect   the   wages   of   labor   and   the   salaries   and  fees 
of  subordinate   officers.      [Stats.   1871-2,  p.  951.] 
Codified  by  amendments  of  Penal  Code,   1905.     See  notes  to   §§   74a. 

653d,    Penal   Code. 

This   act    appears    in    full    in    the   appendix    to   the    Penal    Code,    p. 

634.     It   made    it   a   felony    to    receive    or   retain   a   portion    of   the    wages 

of  laborers  employed   upon   public  works  or  the   fees  or   salaries  allowed 

to   subordinate   officers. 

ACT    2550. 

[Concerning   officers.     Stats.    1861,   p.   139.] 
This  act    related   to   the  signature   of   ex-offlcio   officers. 


AcU  2651,  2S6X  OFFICERS.  »«• 

ACT    2551. 

An  act  forbidding  the  employment  of  the  inmates  of  state 
institutions  in  the  manufacture,  or  production  of  ar 
tides,  for  the  use  of  state  officers,  or  the  officers  and 
employers  of   state   institutions. 

[Approved  Marc*  19,  19Q3L    Btatn.  1903.  p.  210.1 

The  people  of  tin  state  of  California,  represented  in  senate 
nn«l  assembly,  do  enact  as  foll< ■ 

Section  1.  No  inmate  of  any  state  institution  shall  bo 
employed  in  the  manufacture  or  production,  of  any  ar- 
tiele,  intended  for  the  private  and  personal  use  of  any 
or  officer,  or  employee,  of  any  state  institu- 
tion; provided,  that  this  act  shall  not  prevent  repairing  of 
any  kind  nor  the  employment  of  such  inmates  in  h' 
hold    or    domestic    work    connected    with    such     institution. 

2.     All    acts    or  parts   of    acts    in    conflict   with    tuis 
act,  are  hereby  repealed. 

Sec.  8.     This  act  shall   take  effect  on  and  after  its  pas- 
sage. 

ACT    2552. 

An    act    to    execute   and    carry   into    effect   section    three   of 

article     twenty    of    the     constitution    of    the    state    of 

California. 

[Approved  March  23,  1901.     Stats.   1901,  p.  552.] 

Tli.'  people  of  the  state  of  California,  represented  in  senate 
and    assembly,   do   enact   as   follows: 

>n  1.  Whenever  any  person  within  this  state 
shall  hold  any  office  or  position  of  public  tru9t  and  shall 
taken  the  oath  of  office  prescribed  by  section  three 
of  article  twenty  of  the  state  constitution  upon  entering 
upon  BUCD  office,  or  shall,  after  his  election  or  appoint- 
ment, li  I  to  take  such  oath,  it  shall  be  unlawful 
to   remove   such   person    from   such  office   or   position  of   public 

trust   l >.  ■•:) n -•    such    person   has   not   complied   with 

any  provision  of  any  law,  chart,  r,  or  regulation  prescribing 
an  additional  test  or  qualification  for  such  office  or  posi- 
tion of  public  trust,  and  any  person  who  is  removed  or 
threatened   with  removal   from  any  office  or  position  of  public 

■    under   any  w  hat*  \  <  r.   if   the 

with   provisions   re. par- 
ing   such    additional    t.  st    or    qualification,    shall    be    entitled 


»67  OIL.  Act  2556 

to  restrain  such  unlawful  removal  or  to  enforce  restoration 
by  process  of  injunction  both  prohibitory  and  mandatory. 

Sec.  2.  It  shall  be  unlawful  for  any  person  having  the 
power  of  removal  from  office  of  any  public  official,  state  or 
local,  to  remove  or  threaten  to  remove  such  official  from 
his  office  because  such  official  in  the  appointment  of  any 
person  to  a  position  of  public  trust  under  such  last-named 
official,  refuses  to  require  any  test  or  additional  qualifi- 
cation than  the  oath  referred  to  in  section  one  of  this  act 
as  a  condition  of  permitting  such  appointee  to  enter  upon 
or  remain  in  such  position  of  public  trust;  and  such  per- 
son making  or  threatening  such  unlawful  removal  from  office 
may  be  restrained  by  prohibitory  and  mandatory  injunc- 
tion from  effecting  such  removal  under  any  pretense  or  de- 
vice if  the  real  reason  of  such  removal  or  threatened  re- 
moval be  or  was  such  as  herein  declared  unlawful. 

Sec.  3.     This  act  shall  take  effect  immediately. 


TITLE  344. 
OIL. 
ACT    2556. 

An  act  to  prevent  injury  to  oil  or  petroleum-bearing  strata 
or  formations  by  the  infiltration  or  intrusion  of  water 
therein. 

[Approved  March  24,  1903.     Stats.  1903,  p.  399.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  It  shall  be  the  duty  of  the  owner  of  any 
well  that  may  be  drilled  in  the  state  of  California  on  lands 
producing  or  containing  oil  or  petroleum,  to  properly  case 
such  well  with  metal  casing,  in  accordance  with  the  best 
approved  methods,  landing  the  casing  in  the  clay  or  other 
water-impervious  strata  or  formation  immediately  underlying 
the  surface  water-bearing  sands  or  strata,  and  also  to,  if  the 
well  be  drilled  to  a  sufficient  depth,  land  the  casing  in  the 
clay  or  other  water-impervious  strata  or  formation  under- 
lying such  oil  or  petroleum-producing  or  bearing  sands  or 
strata,  and  effectually  shut  off  all  water  overlying  and  under- 
lying the  oil  or  petroleum-producing  or  bearing  sands  or 
strata,  and  effectually  prevent  any  water  from  penetrating 
Buch  oil  or  petroleum-producing  or  bearing  sands  or  strata. 
Sec  2.  It  shall  be  the  duty  of  the  owner  of  any  well 
referred  to  in  section  one  of  this  act,  before  abandoning 
same,   to   withdraw    the    casing   therefrom   and  securely   nil 


\  i-  M  -..■ : 


ME-  OLIVE    OIL. 


■Mil    well    with    clay,    earth    01    mortar,    or    other    good    ami 
Buflicienl     tnati  ria If  >r\<     i.r    in    suitable    combination 

and    thoroughly    packed   aricl   tamped   in   the   well,   to   a   point 
•  ■in    aandred  f«  > '   Above  th.    upper  oil  or  petrolennvbeai 

or    producing    land    nr  <n<l     while    withdrawing    the 

rom,   and   effectually   shut   off  an<l   exclude  ail 
water  mnli  Hying  and  overlying  nch  oil  or  petroleant-b 
beg  or  producing  aaad  penetrating  such  tend 

or  strata. 

shall     mean 
and     include     each     nn«l     •  ■■•  I,     petuone,     oepafta<  r- 

vhlp,    partaerehip,  ion    owning,    man- 

aging,   operating,    controlling  ny    well    men- 

rin- 
etpal    or    principal;  a    of    tueh    principal    or 

principals,  an<l  their  ai  (me  terra 

"oil  or  petro)eum«prodacin|  ng  »:*nd  or  strata 

and  in.  h,  tratum 

of  rock  or  sand  or  other  materia]  which  idet 

or    jri(  Idl    earth     oil.    rock    oil,    or    petroleum    oil    or    natural 
gaa  or  either  of  tin  m. 

i.     Any   violation  of  the  provisions  of  this  act  shall 


ACT 


TITLE  345. 
lid  IROARINS. 


To  prevent  tale  of  ae  tratier.  5M.] 

\    30;     if   not.    !• 
41,    chA;  CXI,    and    18V7,   65.    chap     l.XXV.  "—Cota    fommloslon- 

ACT    :562. 

To    prerent    the   sale    of   as   butter.      [8  -  ..    p,    L'".  I 

and    1897,    Si.'  —Code    Commiaslon- 
i  rs'    N 

This   act   apinari   in    full    in    F".  nal    Code,    Appendix,   p.   CM. 


TITLE  346. 
OLIVE  <>1L. 
ACT     2567. 
To  regulate    the  sale  of  ..live  oil.     [g 

Thin  art  n[n>*»»r^  In   full   In  the  ApefHidlx  to  the   I  p.   mo 


%9  OPTOMETRY.  Acts  2568-2571,  g  §  1-  i 

ACT    2568. 

To   regulate    the    sale    of   imitation    olive    oil.      [Stats.    1893, 
p.  210.] 

This  act  appears  in  full  in  the  Appendix  to  the  Penal  Code,  p.   638. 


TITLE  847. 

OPTOMETEY. 
ACT   2573. 

An  act  to  regulate  the  practice  of  optometry  and  for  the 
appointment  of  a  board  of  examiners  in  the  matter  of 
said  regulation. 

[Approved    March    20,    1903.     Stats.    1903,    p.    285.J 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  practice  of  optometry  is  defined  as  fol- 
lows, namely:  The  employment  of  subjective  and  objec- 
tive mechanical  means  to  determine  the  accommodative  and 
refractive  states  of  the  eye  and  the  scope  of  its  functions  in 
general. 

Sec.  2.  It  shall  be  unlawful  for  any  person  to  practice 
optometry  in  the  state  of  California  unless  he  shall  first 
have  obtained  a  certificate  of  registration  and  filed  the 
same,  or  a  certified  copy  thereof,  with  the  clerk  of  the  county 
of  his  residence,  all  as  hereinafter  provided. 

Sec.  3.  There  is  hereby  created  a  board,  whose  duty  it 
shall  be  to  carry  out  the  purposes  and  enforce  the  pro- 
visions of  this  act,  and  shall  be  styled  the  California  State 
Board  of  Examiners  in  Optometry.  Said  board  shall  be  ap- 
pointed by  the  governor  as  soon  as  practicable  after  the 
passage  of  this  act,  and  shall  consist  of  three  persons  en- 
gaged in  the  actual  practice  of  Optometry,  and  residing  in 
the  state  of  California.  Each  member  of  said  board  shall 
hold  office  for  a  term  of  four  years,  and  until  his  successor 
is  appointed.  Appointments  to  fill  vacancies  caused  by 
death,  resignation  or  removal,  shall  be  made  for  the  residue 
of  such  term  by  the  governor.  The  members  of  said  board, 
before  entering  upon  their  duties,  shall  respectively  take 
and  subscribe  to  the  oath  required  to  be  taken  by  other 
officers,  and  filed  with  the  clerk  of  the  county  in  which  said 
member  resides,  and  said  board  shall  have  a  common  seal. 

Sec.  4.  Said  board  shall  choose  at  its  first  regular  meeting, 
and  annually  thereafter,  one  of  its  members  president,  and 
one   secretary   thereof,   who   severally   shall   have   the   power 


\.  t  2573.  §  §  5-8  OPTOMETRY.  »70 

during  their  term  of  office  to  administer  oaths  and  take 
affidavits.  Certifying  thereto  ini.hr  tin  ir  hand  and  the  seal 
of  the  board.  Said  board  shall  meet  at  least  once  in  each 
vear  at  the  atate  oapitol,  and  in  addition  thereto,  whenever 
and  win  n  vi  r  the  pr<  Bid*  nt  and  B6CT(  tary  thereof  shall  call 
a  meeting;  ■  majority  of  said  board  shall  at  all  times  con- 
stitute a  quorum.  Tin  Meretary  of  said  hoard  shall  keep 
a  full  record  of  the  proceedings  of  sai.l  board,  which  records 
shall  at  all  reasonable  times  be  open  to  public  inspection. 

Sec.  5.  Every  person  before  beginning  to  practice  op- 
tometry in  this  state,  after  the  passage  of  this  act,  shall 
pass  an  examination  before  said  board  of  examiners. 
Such  examination  shall  be  confined  to  such  knowledge  as 
is  essential  to  the  practice  of  optometry.  Any  person 
having  Bignifted  to  said  board  his  desire  to  be  examined 
by  tin  in  shall  appear  before  tin  m  at  Buch  time  and  place 
as  they  may  designate,  and  before  b'tfinning  such  ex- 
amination shall  pay  to  Che  of  said  board,  for  the 
use  of  said  board,  the  sum  of  ten  dollars,  and  if  he  shall 
successfully  pass  such  examination,  shall  pay  to  said  sec- 
retary, for  the  use  of  said  board,  a  further  sum  of  five 
dollars  on  the  issuance  to  him  of  a  certificate.  All  per- 
Bons  fully  passing  such  examination  shall  be  regis- 
tered in  the  board  register,  which  shall  be  kept  by  said 
rotary,  as  licensed  to  practice  optometry,  and,  shall 
a]8(1  B  eetrtificate  af  Buoh  registration,  to  be  signed 
by  thi  prt  sid<  nt  and  secretary  of  said  board,  which  shall  be 
filed  as   hereinbefore  provided. 

Sec.  6.  Every  person  who  is  actually  engaged  in  the  prac 
tice  of  optometry  in  the  state  of  California,  at  the  time  of 
t)10  of  this  act,  shall,   within   six    months  thereafter, 

file  an   affidavit    in   proof  thereof  with   said   board,   who   shall 
make   and    keep   record  of  such    person,   and   shall,    in   the  con- 
sideration of  the  sum  of  five  dollars,  issue  to  him  a  certificate 
gistration. 

Sec.  7.  All  persons  entitled  to  a  certificate  of  registration 
under  the  full  provisions  of  section  six,  shall  be  exempt  from 
the  provisions  of  seetion  five  of  this  act. 

gee,  v.  Recipients  of  Baid  certificate  of  registration  shall 
present  the  same  for  record  to  the  clerk  of  the  county  in 
which  they  reside,  and  shall  pay  a  fee  of  fifty  cents  to  the 
clerk  for  recording  the  same.  Said  clerk  shall  record  said 
certificate  in  a  book  to  be  provided  by  him  for  thai  pur 
Any  person  so  licensed  removing  his  residence  from  i  county 

r   in   tin-   Mar.'  shall,   bet'.. re   engaging   in   the    pr 

of  optometry  in  such  othef  eeunty,  ol  '»  the  clerk  of 


71  OPTOMETRY  Act  2573,  §  §  ">- 1 1 

he  eounty  in  which  said  certificate  of  registration  is  recorded, 
i   certified  copy  of  such  record,  or  else  obtain  a  new  certificate 

if  registration  from  the  board  of  examiners,  and  shall,  before 
commencing  practice  in  such  county  file  the  same  for  record 
with  the  clerk  of  the  county  to  wh;ch  he  removes,  and  pay 
the  clerk  thereof  for  recording  the  same,  a  fee  of  fifty  cents. 
Any  failure,  neglect  or  refusal  on  the  part  of  the  person  hold- 
ing such  certificate  or  copy  of  record  to  file  the  same  for 
record,  as  hereinbefore  provided,  for  six  months  after  the  is- 
suance thereof,  shall  forfeit  the  same.  Such  board  shall  be 
entitled  to  a  fee  of  one  dollar  for  the  reissue  of  any  certifi- 
cate, and  the  elerk  of  any  county  shall  be  entitled  to  a  fee 
of  one  dollar  for  making  and  certifying  a  copy  of  the  record 
of  any  such  certificate. 

Sec.  9.  Any  person  entitled  to  a  certificate,  as  provided 
for  in  section  six  of  this  act,  who  shall  not  within  six  months 
after  the  passage  thereof  make  written  application  to  the 
board  of  examiners  for  a  certificate  of  registration,  accom- 
panied by  a  written  statement,  signed  by  him,  and  duly  veri- 
fied before  an  officer  authorized  to  administer  oaths  within  this 
state,  fully  setting  forth  the  grounds  upon  which  he  claims 
such  certificate,  shall  be  deemed  to  have  waived  his  right  to  a 
certificate  under  the  provisions  or  refusal  on  the  part  of  any 
person  holding  such  certificate  under  the  provisions  of  such 
section.  Any  failure,  neglect  or  refusal  on  the  part  of  any 
person  holding  such  certificate  to  file  the  same  for  record,  as 
hereinbefore  provided,  for  six  months  after  the  issuance  there- 
of, shall  forfeit  the  same. 

See.  10.  Every  person  to  whom  a  certificate  of  examina- 
tion or  registration  is  granted  shall  display  the  same  in  a 
conspicuous  part  of  his  office  wherein  the  practice  of  opto- 
metry is  conducted. 

Sec.  11.  Out  of  the  funds  coming  into  the  possession  of 
said  board,  each  member  thereof  may  receive,  as  compensa- 
tion, the  sum  of  five  dollars  for  each  day  actually  engaged 
in  the  duties  of  his  office,  and  mileage  at  three  cents  per  mile 
for  all  distance  necessarily  traveled  in  going  to  and  coming 
from  the  meetings  of  the  board.  Said  expenses  shall  be  paid 
from  the  fees  and  assessments  received  by  the  board  under 
the  provisions  of  this  act,  and  no  part  of  the  salary  or  other 
expenses  of  the  board  shall  ever  be  paid  out  of  the  stats 
treasury.  All  moneys  received  in  excess  of  said  per  diem  al- 
lowance and  mileage,  as  above  provided  for,  shall  be  held  by 
the  secretary  as  a  special  fund  for  meeting  expenses  of  said 
board  and  carrying  out  the  provisions  of  this  act,  and  he  shall 


Act  2573.  SS  12-"  OPTOME  l  KY  Vll 

give  such  bonds  as  the  board  shall  from  time  to  time  direct, 
and  the  said  board  shall  make  an  annual  report  of  its  pro- 
ceedings to  the  governor  on  the  first  Monday  in  January  of 
each  year,  which  report  shall  contain  an  account  of  all  moneys 
received  and  disbursed  by  them  pursuant  to  this  act. 

Sec.  12.  Every  registered  optometrist  Who  desires  to  con- 
tinue the  practice  of  optometry  in  this  stair  shall  annually 
on  suoh    late  as  the  board  of  optometry   may  determine,  pay  to 

tin-  secretary  of  said  hoard  a  registration  fee  to  be  fisted  by 

the  hoard,  but  which  shall  in  no  si  the  sum  of  two 
dollars  per  annum,  for  which  he  shall  receive  a  renewal  of  said 
registration;  and  in  case  of  default  in  sueh  payment,  by  any 
•  ii,  his  certificate  may  he  revoked  by  the  board  of  exam 
in.  rs.  under  twenty  days1  notice  of  the  time  ami  place  of  con- 
sidering sueh  revocation.     But   i ertificate  shall  be  revoked 

for   sueh    non-payment    if    the    pen  titled    shall    pay    04 

fore  or  at  sueh  time  of  consideration  b  1  sueh  penalty 

as  may  I.,    imposed  by  Baid  board;  provided,  thai  said  hoard 

may   impose  a    penalty   of   five  dollars  and   no  more   oi 

l  notified,  as  a  condition  oi  allowing  his  certificate  to 
stand;  provided,  further,  that  said  hoard  of  examiners;  may 
collect  any  such  fees  by  suit. 

1  hoard  shall  have  power  to  revoke  any  certili 
•ration   granted   by    it    under  this  art    for  convic- 
tion   of    enme,    habitual    drunkenness    for    six    months    immedi- 
ately  before  s  oharge  to  bt   made,  •/,  or  son- 
tons  or  infectious  disease;  provided)  that  before  any  certifi- 
,  |  be  so  revoked,  the  holder  thereof  shall  bare  aotiee 

in   writing  of  the  charge  or  charges  against    him,  ami  at   a  day 

jaid    notice,   at    hast    five    days    after    the    service 

thereof,    be    given    a    pnblie    hearing,    and    have    opportunity    to 

produe*    testimony  in  his  behalf  and  to  confront  the  witrn 

him,  Any  person  whose  certificate  has  been  so  re 
voked.   may.  after  the   expiration  of   ninety  ly   to  have 

the   Bame  regranted,   and    the   same   shall   be   i  him. 

upon   a   satisfactory   showing    that     the.  atfoh     has 

led. 

p.  rson    who    shall    violate    any    of    the    pro- 
\isious  of  this  "art   shall  be  deemed  guilty  of  a  misdemeanor, 

and    upon   conviction,    shall    be    fined    not    less    than    twenty    dol- 
lars, nor  not  more  than  one  hundred  dollars,  or  to  he  confined 

not    less    than    one    month,    nor    more    than    three    months    m    the 
,nd    in    d(  fault     of    payment     of    said    line    shall    he 

imprisoned   in   the  county  .jail  at    the  i 

•  the  fine  so  impoped.     And  all  fines  thus  received 


97.5  ORANGS    COUNTY— ORDINANCES.     Acts  2578,  2583.  $  I 

shall  be  paid  into  the  common  school  fund  of  the  county  in 
which  such  conviction  takes  place. 

Sec.  15.  Justices  of  the  peace  and  the  respective  munici- 
pal courts  shall  have  jurisdiction  of  violations  of  this  act.  It 
shall  be  the  duty  of  the  respective  district  attorneys  to  pros- 
ecute all  violations  of  this  act. 

Sec.  16.  Nothing  in  this  act  shall  be  construed  to  apply 
to  physicians  and  surgeons  authorized  to  practice  under 
the  laws  of  the  state  of  California,  nor  to  persons  who  sell 
spectacles  or  eye-glasses  in  the  ordinary  course  of  trade,  and 
who  do  not  attempt  to  employ  subjective  and  objective  me- 
chanical means  to  determine  the  accommodative  and  refractive 
states  of  the  eye. 

Sec.  17.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TITLE  348. 

ORANGE    COUNTY. 

ACT  2578. 

To  create  the  eounty  of  Orange,  to  define  the  boundaries 
thereof,  to  determine  the  county  seat  by  an  election,  and 
to  provide  for  its  organization  and  election  of  officers, 
and  to  classify  said  county.  [Approved  March  11,  1889. 
Stats.  1889,  p.  123.] 

TITLE  349. 
ORDINANCES, 
ACT   2583. 

An  act  to  require  ordinances  and  resolutions  passed  by  the 
city  council  or  other  legislative  body  of  any  municipality 
to  be  presented  to  the  mayor  or  other  chief  executive 
officer  of  such  municipality  for  his  approval.  LAPProved 
March  27,  1897.     Stats/  1897,  p.   190. j 

Cal.    Rep.    Cit.     123,    460. 

Unconstitutional    as    to    cities    having    charters.     Morton    v.    Brod- 
erick,   118   Cal.   486. 

The  people  of  the  state  of  CaUfornia,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Every  ordinance  and  every  resolution  of  the 
city  council  of  any  municipality  providing  for  any  specific 
improvement,  or  the  granting  of  any  franchise,  or  other 
privilege,  or  affecting  real  property  interests,  or  the  ex- 
penditure   of   more    than    one   hundred    dollars    of    the   public 


_,3,  §}:-•»  ORDINANCES.  974 

mon'  yi&g  t;ix  ,ir  assessment,  or  establishing  rates 

for   artificial   light,   and    every    ordinance    or    resolution     lu- 
ng  a   duty   or   penalty,    which    shall    have    passed    the   city 
council,   shall,   before    it    taki  s    effect,    !>•     presented    to   the 
•r     for    his    approval.     The     mayor     shall     return     such 
ordinance  or  to  the  cily  council   within  ten  days 

_■   it.     If  In    approve   it   be  Bhall  sign   it,  and 
it    shall    then     take     eff  be     disapprove     it     he     shall 

specify     his    o  reto    in    writing.     If   he   do   not 

return   it  with  such   disapproval   within    the  time  above  s; 

hall    take    eff<  be    had    approved    it.    The 

obj<  the   mayor   shall   1  I    al    large    on    thfl 

journal    of    thi  U,    and    the    city    council    shall 

..     immediately    published.     Tin     city 
r    five,   end    within*  thirty   days   after   such 
ordii  II    bai  e   b<  i  d   retunv  d   with   the 

ma\  adder  and    vote   anon    the   same; 

mil    if  ill,   upon    reconsideration,    be    again 

,1    l.y   tin     affirm  ite  of  not    leu   than    three- 

fourths  of  all  the  members,  the  presiding  shall   cai 

tifv    that    fact    "a    the    ord  i        wlution,    and    when 

•    as    if    it    had  I    the 

'In-    major;   but   if    the    ordinance    or  r-  solo- 
fail  to  receive  upon  the  first   vote  thereoi  after 

rn     with     tin-     mayor's      disapproval,    the    affirmative 
-,    of    three-fourths    of    all    the    members,    it    shall    be 

on     recta     reconsideration 

taken     by    ayeB     and    noea,    and    the    nanus    of    the 

members   voti  the  •^•'1",,    *h*ll   1"    entered 

in  the  journal;  provided,  that  the  provisions  of  this  sect 
„),.,!  |y   to   cities     n    which   the   mayor   is  a   member 

0f    tl  •  moil,   or   other    governing   b 

Tin    word  •'municipality,"  and   the  word  "city," 
in    this   act,    shall    b<     understood    and    so    construed 
lade,   ami    i^    iii  i  n  d    to   include,   all 

ire   organized    ami   now   existing,  and    t 
i    municipal   purposes. 
rin    t>  rm  "city  council"  is  hereby  declared  to 

I     which,    under    the    law,    is    th< 

i of  aaj 

i.     in  municipalities    in    which  no    mayor, 

.    tin-  dut  iec  -  ''d  officer  by  the   pi 

performed    by    the    president    of    the 
boat  tive  i  fBc<  r   of 

municipality. 


1)75  OROVILLE— ORPHAN     ASYLUM.  Act  2588-2597 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  and  all  acts  and  parts  of  acts  in 
conflict    with    this    act    are    hereby   repealed. 


TITLE  350. 
OEGVILLE. 
ACT    2588. 

To    supply    the    town    of   Oroville    with   water    for   fire    pur- 
poses.    [Stats.  1877-8,  p.  796.] 


TITLE  351. 
ORPHAN    ASYLUM. 
ACT   2593. 

Appropriation    for    relief    of.     [Stats.    1871-2,    p.    903.] 
Apparently   superseded   by   1880,    13. 

ACT    2594. 

In  relation  to   the   care  of  orphan   and  abandoned  children. 
[Stats.    1873-4,    p.    297.] 

Amended  1877-8,    72. 

Partly  codified  by  amendment  of  Penal  Code,  1905.  See  note  to 
§   271a,   Penal  Code. 

This  act  required  the  quarterly  publication  of  the  names  of  chil- 
dren admitted  and  also  provided  as  to  what  constituted  an  abandon- 
ment  of  children. 

ACT   2595. 

Appropriating  money  for  support  of  orphans,   half  orphans, 
and    abandoned    children.      [Stats.    1880,    p.    13.] 
Amended   1883,    57. 
Cal.    Rep.    Cit.    139,    400;     139,   402;     139,    408. 

ACT    2596. 

To    authorize    managers    of    orphan    asylums    to    give    their 

consent  to  the  adoption  of  certain  children  under  their 

care.     [Approved  April  1,   1878.     Stats.   1877-8,  p.  963.] 

Amended   1S95,    39. 

See  Civil   Code,    sec.   224. 

ACT    2597. 

To    provide   for   the   appointment   of    guardians   of   children 
in  orphan   asylums   maintained   in   any    orphans'    home 
or  orphan  asylum  in  this  state.     [Stats.  1893,  p.  203.] 
This  act  appears  In   full  in  Civil  Code,    Appendix,   p.   723. 


A.;t  ^002.    §  J  1-3  OPTHOPATHY.  »i« 

TITLE  352. 

OSTEOPATHY. 

ACT     2602. 

An   act  to   regulate  the   practice  of  osteopathy   in   the   state 
of  California,  and   to  provide  for  a   Btat*    board  o 
teopathic     examiners,    and     to    license    osteopaths    to 
practice  in  I  and  punish  persons  violating  the 

pro\  i^ions  of   this   act. 

ame    a     law    andei  titutfonal    provision     witliout 

governor's    approval,    March    9,    1901.     Stats.    1901,    p. 
113.] 

■   the  state  of  California  in  senate 

a i  ily,    do    enact    as    follows: 

■  ■a     1.     That     any     person     practicing    osteopathy     in 
this  qualifications    ri  <ju i r«  <  1    by    this 

2.     The    Osteopatl  ation   of     the     State  of 

California,    incorporated    under    the    laws     of     the    state  of 

California,  shall  appoint   a  board  <>f  examine]  a  m 

Me    at'ti  r    the    passage   of    this   act,    to    be    known  as 

the    state    hoard    of   Osteopathic    examiners.      This    hoard    shall 

consist  of  five   (5)    qualified   practicing  resident    osteopsfths, 

of  whom  shall   he  a  graduate  of  a  legally  authoi 
colli  g  h    mi  mbi  r   of   Baid    board   shad 

thereon    for   a   term    of   two   years,   and   uutil    his   suc- 

of    the    first    board,    on 
which     tv<  all      lerve     for     two     (2)     yiars, 

and     three    i3)    for    three    years,    as    specified    in    their    ap- 
tment.     I  a   vacai  ath    or  other' 

:A\    he    appoint,  d    in    like    inanner    a    person    to    serve 

thro  I   u  tin. 

•  aaminers  shai: 
a    president,  and    treasurer,    and    shall    have    a 

,oinni..!i    seal,   and    its    president    and   secretary    shall    have 

power     to    administer    oaths.      Said     hoard     shall     hold     in.it- 
ination   at   th-  tpitol,   or  regu- 

g   ily    authoi 
opathy,   within    th'  I    the    third  Tuesday   "f   Fihruary 

r,    and     such    other    meetings    as    may 
be    deem.  .1    necessary,    each    >.  >si,.n    thereof    not    | 
three    days,    ami    shall    issue    a    certificate    of    qualification 
to    all    applicants   having    a   diploma,    or    wh.  re 

quired   examinations,   as   provided    l 

:     hv     the    pr.  >id.  nt 


m  OSTEOPATHY.  Act  :602,  §5  4,  5 

and  secretary  of  said  board,  and  attested  by  its  seal,  and 
shall  be  conclusive  as  to  the  rights  of  the  lawful  holder 
of  the  same  to  practice  osteopathy  in  this  state.  Said 
board  shall  keep  a  record  of  all  its  proceedings,  and  also 
a  register  of  all  applicants  for  a  license,  together  with 
his  or  her  name  and  age  and  time  spent  in  the  study  and 
practice  of  osteopathy,  and  of  the  name  and  location  of 
the  college  of  osteopathy  from  which  said  applicant  holds 
a  diploma,  and  shall  keep  a  register  which  shall  show  the 
names  of  all  applicants  licensed,  or  that  are  rejected  un- 
der this  act. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  practice 
osteopathy  in  this  state  without  a  license  from  said  board. 
All  persons  practicing  osteopathy  within  this  state  prior 
to  the  passage  of  this  act  and  holding  a  diploma  from  a 
legally  authorized  college  of  osteopathy,  of  good  repute, 
may  be  licensed  to  practice  osteopathy  in  this  state,  by 
submitting  to  said  board  of  osteopathic  examiners,  such 
a  diploma,  and  satisfying  such  board  that  they  are  the 
legal  holders  thereof,  or  by  undergoing  an  individual  ex- 
amination in  the  following  branches,  to  wit:  Anatomy, 
physiology,  chemistry,  histology,  pathology,  gynecology, 
obstetrics,  and  theory  and  practice  of  osteopathy,  and 
such   other   branches    as   the   board   shall    deem   advisable. 

All  persons,  after  August  first,  nineteen  hundred  and 
one,  desiring  to  commence  the  practice  of  osteopathy  in 
this  state,  shall  apply  to  said  board  for  a  license  to  do  so. 
#and  such  applicant  at  the  time  and  place  designated  .by 
said  board,  or  at  a  regular  meeting  of  said  board,  shall 
submit  a  diploma  from  a  legally  incorporated  college  of 
osteopathy,  recognized  by  the  board  of  examiners.  Hav- 
ing complied  with  the  requirements  of  this  act,  said  board 
shall  grant  a  license  to  such  applicant  to  practice  oste- 
opathy in  the  state  of  California,  which  license  shall  be 
granted  by  the  consent  of  not  less  than  three  members  of 
said  board  and  attested  by  the  seal  thereof.  For  the  sup- 
port and  maintenance  of  said  board  the  fee  for  such  ex- 
amination and  license  shall  be  ten  ($10)  dollars,,  not  re- 
turnable, which  shall  be  paid  in  advance  to  the  treasurer 
of  said  board,  and  shall  be  applied  by  said  board  to  defray 
all   the   expenses   thereof. 

Sec.   5.     The   certificate   provided   for  in   section    four    (4) 
of   this   act   shall   not   authorize    the    holder   thereof   to   pre- 
scribe   or    use    drugs,    nor    to    perform    major    surgery. 
Gen.  Laws— 62 


AcU  2807-2609  OYSTERS.  tTI 

.  6.  The  ]'iT<nn  receiving  said  Hc<  nse  shall  have 
it  recorded  la  the  office  of  the  county  clerk  of  Ihe  county 
in    whirl)    he    or    she    It  .    and    the    record 

shall    lif    Indorsed    thereon.     In    ease    :i    person    so   Kcei 
shall  remo  ntj    to  practice,  the  holder  shall 

record    oil  in    like    manner    in    the    county    to    which 

he    or    she    removes. 

athy    within    the 
state    without    first    having    obtained    the    li<  herein 

provided    for,   ur   contrary    to    the    proviaione    of    this 
or   who,    for   the  (    obtaining   such    license,   shall 

if  or  herself  to  be  the  holder  of  a 
diploma   ai    1  •  med   guilty   of  a 

mis d  and    ii|>on    conviction    thereof    shall    be    pun- 

ished   by    a    fine    of    m  .n    fifty    ($50)    dollars,    nor 

more  than  one  hundred  ($li>'i>  dollars,  or  by  Imprisonment 
in    the   county   jail    for    a    period    of   not    more    than    nil 
dajl  for  each  and  cv<  ry   such  offense. 

Sec.    8.      Any    such    certificate    ma 
board    upon    I  ry    proof    of    fraud    or    i  Ota- 

tion    in    procuring  Or   for   any    violation   of   the    pro- 

as of  the  certificate,  or  any  gross  immorality  by  the 
holder  thereof. 

-   s.    9.      Ti  ;enee    of 

ISCS    of    the    human    body,     commonly  known    as    oste- 
opathy, is  hereby  dec!   red   nol   to  b<    thi  of  medi- 
.  ithin  the  •  ntitled  "  \  n, 
:i,'t                                   ractice   ot'   medicine  in   the   state   of 
California,"    approved    April    third,  hundred    and 
of  the  acts  amends  I 

.    10.     Tl  '    and    be   In   force   from 

and   after  its  passage. 

TITLE    353. 

0\  E 
ACT  2607. 

Concerning  351,   p.   4.12.] 

tinned    In    f  *ec.    2*.    Political    Ccxl*. 

I      ami    later  BtatS.    1873-4.    Ml. 

ACT  2608. 

Oonci  rning  oyster  beds.      [SI 
Repealed    1873-4.    M0. 


979  PARIS    GREEN.  Acts  2609,  26H 

ACT  2609. 

Encouraging    planting    and    cultivation    of.      [Stats.    1873-4, 
p.   940.] 


TITLE    354. 
PARIS  GREEN. 
ACT  2614. 
An  act   to  prevent   fraud  in   the  sale   of   Paris  green   used 

as  an  insecticide. 
[Became  a  law  under  constitutional  provision  without   gov- 
ernor's approval,  February  28,  1901.    Stats.  1901,  p.  69.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  It  shall  be  the  duty  of  each  and  every  manu- 
facturer of  Paris  green  (commercial  aceto-arsenite  of 
copper)  to  be  used  as  an  insecticide  within  this  state,  and 
of  every  dealer  in  original  packages  of  said  Paris  green 
manufactured  outside  of  this  state,  before  the  said  Paris 
green  is  offered  or  exposed  for  sale,  or  sold  within  this 
state  as  an  insecticide,  to  submit  to  the  director  of  the 
California  agricultural  experiment  station  at  Berkeley, 
samples  of  said  Paris  green,  and  a  written  or  printed 
statement  setting  forth:  First,  the  brands  of  said  Paris 
green  to  be  sold,  the  number  of  pounds  contained  in  each 
package  in  which  it  is  put  on  the  market  for  sale,  the  name 
or  names  of  the  manufacturers  and  the  place  of  manufac- 
turing the  same;  second,  the  statement  shall  set  forth  the 
amount  of  combined  arsenic  which  the  said  Paris  green 
contains,  and  the  statement  so  furnished  shall  be  consid- 
ered as  constituting  a  guarantee  to  the  purchaser  that 
every  package  of  such  Paris  green  contains  not  less  than 
the  amount  of  combined  arsenic  set  forth  in  the  state- 
ment. 

Sec.  2.  Every  purchaser  of  said  Paris  green  in  original 
packages,  which  is  manufactured  outside  of  this  state, 
who  intends  to  sell  or  expose  the  same  for  sale,  and  every 
manufacturer  of  said  Paris  green  within  this  state,  shall, 
after  filing  the  statement  above  provided  for,  with  the 
director  of  the  California  agricultural  experiment  station 
at  Berkeley,  receive  from  the  said  director  a  certificate 
stating  that  he  has  complied  with  the  foregoing  statement, 
which    certificate    shall    be    furnished    without    charge    there- 


I'Al  IIONERS. 

for;    said  furnished    shall    authorize    the 

party  when  r<  to  deal  in  this  state  in  the 

said  who    fails   bo    comply    with 

tli <     term  -      •;    shall    not    be    entitled 

':    BOl    be    '  nt  ill.. I    to    deal    in    said 

Paris   green    within    this    -■  ithing    in    this    section 

shall    tx  '1    as    applying    to    retail    d<  'ling 

said  Paris  green  which  idy  been   labeled  ami  ^nar 

anti  ■■ 

sold,  offer.  H   or   exposed   for 

ticide,    in    this    state,    shall    contain    at    least 

fifty   par  .''iitum  of  a-  izide   and   shall   not    eonl 

more   than    four   per  centum   of   tbfl   Kine    in    the   uncombine.l 
I.      Tin     direetOl    of    tin-    California    state    agricultural 

station  at   Berkeley  shall  examine  or  canst    to  l"    examined 
different  brands  of  Paris  green  sold,  offered  or  exposed  fox 

sal.'     within     th.      state,    ami    cause      s:un pl«'<    ..f    tie-    same    to 

and   shall   report   r<  forthwith 

to  t  iry  of  ti  . ar.l  of  horticulture  and  to 

tin-     party    or    parties    submitting     sai.l     samples,    and     sueli 

report  shall  be  final  as  regards  its  qi  ality. 

firm,    association,    com 

01  oorperation  violating  any  of  the  provisions  of  this 

act.  person     Itho    shall    sill    any    package    of    Pari- 

n    or    any    part    th.  r.  of    which    has    not    been    labeled 

herein    provided,  shall    be    ppiiltv    of    a    misdemeanor,  and 

shall    be    fund     not     lees    than     fifty    dollars    nor    more    than 
two    hundred     dollars,    together     with     the     OOStS    of    the    suit 
ii     an    action    C&USed    to    In     brought    by    the    state    board    of 
horticulture   through   its  secretary   in   the   name  of   the 
pie   oft1  •  alifornia. 

1    of    th.  California 

is    charged    with    the    prosecution    of    all    such    s 
See.    7.     This   act    shall    take   effect    immediately. 


TITLE  355. 
PAROLE   COMW  ;;s. 

ACT  2619. 

tablish    board    of    paroli  rs    for    the    parole 

of  and   government   of  paroled   prisoners.     [Stats. 
p.    l 

Ai 

Tin*    a.*    ajii^rt    lx>    full    In    Panal    Coda,    ippttdli,    p     TIL 


981  PARTNERSHIPS— PAUPERS.  Acts  2624-2G31,  §  1 

TITLE  356. 

PARTNERSHIPS. 
ACT  2624. 

To  authorize  the  formation  of  special  partnerships.      [Stats. 
1869-70,  p.  123.] 
Superseded   by   Civil    Code,    sees.    2477-.MS5. 


TITLE  357. 

PAUPERS. 
ACT  2629. 

To   provide   for   the    i-digent    sick   in    the    counties    of    this 
state.     [Stats.   1855,   p.   67.] 

Probably  repealed  by  tht  County  Government  Act.  See  Power  v. 
May,  123  Cal.  147,  150.  Compare  the  act  of  1901,  636,  to  provide  for  the 
maintenance  and  support  of  indigent,  incompetent,  and  incapacitated 
persons. 

ACT  2630. 

Appropriation    for    support    of    aged    persons    in     indigent 
circumstances.     [Stats.    1883,  p.   380.] 
Repealed   1S95,    23. 

This  act  provided  for  a  per  capita  appropriation   for  persons  main- 
tained  In   institutions. 
Cal.    Rep.    Cit.    138,    59. 

ACT  2631. 

An  act  to  provide  for  the  maintenance  and  support,  in 
certain  cases,  of  indigent,  incompetent,  and  incapaci- 
tated persons  (other  than  persons  adjudged  insane  and 
confined  within  state  hospitals),  becoming  a  public 
charge  upon  the  counties  or  cities  and  counties  within 
the  state  of  California,  and  for  the  payment  thereof 
into  a  fund  for  the  maintenance  and  support  of  such 
persons. 

[Approved  March  23,   1901.     Stats.   1901,  p.  636.] 

Cal.    Rep.    Cit.     143,   70. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows": 
Section  1.  Every  county  and  every  city  and  county 
shall  relieve  and  support  all  pauper,  incompetent,  poor,  in- 
digent persons  and  those  incapacitated  by  age,  disease,  or 
accident,  lawfully  resident  therein,  when  such  persons  are 
uot    supported    and    relieved    by    their    relatives    or   friends, 


Act  L-631.   §5  M  I'MPICnS.  *& 

or  by   t)nir  own   means,  <>r  !  ospitals  or  other  state 

or  private  institutions. 

Sec.   2.     The    t<  rm    residence    M   US<   1    In    this   act   shall    be 

taken  to  moan  ami  shall  be  considered   t.>  mean  the  actual 

of  each  of  sneh  ;  r  the  place  whi  re  such 

such    person    was    employed,    or    i  was    in 

no  employment,  then  it  shall  bo  considered  and  held  to  be 
the  place  irh<  re  such  person  made  his  or  her  home,  or  his  >>r 
her  headquarters. 

"..     Kv.  r;.  '"rm  or  corporation,  or  the  officers, 

ts,  servants,  or  employ*  firm  or 

poratlon,  bringing  into  or    •  ri"g  the 

bringing  into  ..r  *h>    leaving  within,  or  aiding  In  tl 

ing    into    or    the    leaving    within,    of    any    paupt  r    or    poor    Of 

indigent    or    incapacitated   or   incomp  rson    as    I 

inbefore  mentioned,  In  any  county  or  city  and  county  In 
the    state   of   <  laliforni  n    Bneh    t 1 

fully     Settled     or     Dot     lawfully     |  n  in     •]■  fined. 

knowing   him   to   be   such    pauper,   pour.  >>r   inca- 

pacitated or  incompetent  person,  -hall  be  guilty  of  a  mis- 
iii  meaner. 

ft.      Tf    any    person    shall    become     chargeable     as     a 

pauper,   or    poor,   or   indigent,   oi    incapacitated,   or   Incom- 

'it    person    M    herein    designated,    In    any    county,   or    city 

ami   county,   who   .lid   not   reside   thei  herein   speci- 

fied)   at    the    commencement    of  -    immi  (iiately 

preceding   his    becoming    so    chargeable,   but    did    at    that 

time  U    herein    specified)    in    -  unt\.    or 

eitv    and    county    in    th  I    shall    be    the    duty    of    the 

OOUnty    clerk     of    said    first-mei.-  ••ity    an  1 

county  to  send   written  notice  by   mail  or  oti  the 

county  clerk  of  tho  county  or  city  and  eounty  in  which 
such    person    SO 

of  such  nty  to  n 

forthwith,  and   to  pay  th<    ■ 

in    takii  and    such    county    or 

and  eounty,   wherein   such   person   resided   at   the  comm- • 

•      the     three     months     immediate]  ing     such 

bl  coming    oh:.  •  t .    nr    in 

eapaeitated,    or    incompi  tenl 

the    county    or    ■  •  i t  x 

nch    i"  r-"1'    aB    r<  asonabh  and 

sii.-h    amount    may    be    recovered    by    suit    in    any 
competent  jurisdiction  by  such  and  coui 


983  PAUPERS.  Act  2631,  §§  5,  0 

Sec.  5.  It  shall  be  the  duty  of  the  superintendent  of 
any  county  hospital  or  almshouse  in  any  county  or  city 
and  county  in  this  state,  or  his  subordinates,  immediately 
upon  receiving  any  person  into  such  hospital  or  almshouse 
as  a  public  charge,  such  person  being  poor,  indigent,  or 
incapacitated,  or  incompetent  as  herein  defined,  or  any 
registrar  of  charities  or  of  any  charity  supported  by  public 
funds  or  aided  in  part  by  public  funds,  aiding  such  person, 
to  make  diligent  inquiry  into  the  ability  of  such  person  or 
of  his  relatives  as  hereinafter  mentioned  to  bear  the  actual 
charges  and  expenses  of  the  maintenance  and  support  of 
such  person,  and  to  forthwith  notify  the  district  attorney  of 
such  county  or  city  and  county,  or  the  city  and  county 
attorney  thereof,  and  the  board  of  supervisors  of  such 
county   or   city   and   county,   of  the   result   of   such   inquiry. 

Sec.  6.  In  case  such  person  shall  be  or  shall  thereafter 
become  the  owner  of  property,  real,  personal,  or  mixed,  it 
shall  be  the  duty  of  the  district  attorney  of  the  county,  or 
city  and  county,  or  the  city  and  county  attorney  thereof, 
in  which  such  person  shall  become  a  public  charge,  in 
whole  or  in  part,  to  cause  the  entire  or  partial  support  as 
hereinafter  provided  to  be  fixed,  of  Such  person  to  be  made 
out  of  such  property,  and  to  that  end  shall  procure  by  suit 
or  otherwise  the  assignment  and  payment  for  such  pur- 
pose of  all  annuities  and  pensions;  and  in  case  such  person 
shall  be  incompetent  oi  a  minor,  within  the  provisions 
of  the  codes  relating  to  the  guardianship  of  the  persons 
and  estates  of  incompetent  persons  and  minors,  it  shall 
be  the  duty  of  the  district  attorney  of  such  county,  or 
city  and  county,  or  the  city  and  county  attorney  thereof, 
to  apply  to  the  proper  court  for  the  appointment  of  a  gen- 
eral guardian  of  the  person  and  estate,  or  either,  of  such 
person  or  minor.  Such  application  and  appointment  shall 
be  made  in  the  manner  as  provided  by  the  codes  of  this 
state  for  the  application  for  the  appointment  of  guardians 
of  infants  and  incompetent  persons,  and  all  proceedings 
thereunder,  except  as  herein  expressly  declared  otherwise, 
shall  be  in  accordance  with  such  provisions  of  said  codes, 
and  the  public  support  of  such  minor  or  such  incompetent 
ehaii  be  deemed  one  of  the  grounds  for  which  an  appli- 
cation may  be  made  on  behalf  of  such  person  for  the  sale  of 
his  property,  as  in  the'  Code  of  Civil  Procedure  provided. 
From  the  proceeds  of  the  property  of  said  person  or  from 
such  other  funds  as  such  guardian  may  obtain,  or  from 
such  funds  as  the  district  attorney  of  the  county,  or  the 
city   and   county,  or  the   city   and   county   attorney   thereof, 


.1.  JJ  7-10  I'  \IPERS.  !»$•» 

may  ho  aide  to  collect,  there  shall  be  paid  into  the  county 
treasury   "f   the   county,   tl  •  *r   month   fixed   by   the 

board  of  supervisors  of  such   county  or  city     and  county. 

.piarti  rly    in    :  ,1    support    of 

:my   bucJ        -  t   pan  per;   aiol   there   shall   alto   I"'  paW 

out  of  I  is  of  such  Bale  or  Bach  other  funds,  raefa 

clothing   ami  nay    bare    bees    tarnished 

to   such    person    or    paum  r. 

If  any    pauper,   indigent  aeompetenl    "r   imsapaoi- 

tated   person   has  kindred   of  tl-  of  baaband,  wife, 

children   (other  than  minors),  Esther  or  mother,  brother  or 

r.    grand-children,    or    grand  living    within    this 

iniary   ability,    such    kindred    in    the 

named    Bhall    Bapport    Bocb    person    by    paying 

int..  i'y,     tin-     sum      per 

month  fixed  on  by  the  board  of  supervisors,  quarterly  in  ad- 
van  e  mahrt<  •  such  pauper, 
indig  r,  Incompetent  or  incapacit 
shall  in  t ho  order  above  named,  for  the  clothing 
an.l  other  Bupplies,  if  any,  furnished  to  Bueb  person. 
if  it  shall  be  that  the  relatives  liable  as  aforesaid  are  nirt 
of  sufficient  ability  wholly  to  maintain  buck  i»">r  person 
or     pauper,    but     arc     able    to    contribute    som.  thing,    they 

a    sum     in    proportion    to    thfir 
ability. 

the  faili  I   of  said  kindred   to 

rin  such  duty,  an  action  shall  be  bronghl  by  the  die 
tricl  ty   or   the   city   and   county;   or 

the  city  an. I  county  attorney   thereof,  in   the  name  of  the 
county  or  city  and  county,  against  Baid  kindred  in  thi 
.1,  r  abevi    named.  eh  action  shall  be  prosecuted  as 

•ther   actions   for   the    recovery   of   money    in    this 

state. 

>.      It"   tin  n    be    in    the    hinds  of  any   guardian   of  any 
'•r    in    the    hands    of    any    oflio  r    ■  •!'    said    count;, 
upon     the    discharge    or    .hath    of    said    person,    any    fund-. 
the    sam.     shall    bi     refunded    after    thi  '     of    all 

the    claims    of    the    said    county    <>r    ci  .unity    tin: 

and    "f    the    funeral    expenses,    in    case     of     death    of    such 
on. 

!>.     All   moneys  derived   if    accordance  with  thi 

visions  of  this  act  shall  he  paid  into  such  fund  of  th- 
Bounty  or  city  and  county  afl  is  us.  d  for  the  Support  an  1 
furtherance  of  tic  ins   herein   r>  f<  rn  .1   t". 

bee  10.    This  act  shall  taJ  immediately. 


985  PAWNBROKERS— PET ALUMA.  <V.cts  2636-2553 

TITLE  358. 

PAWNBROKERS. 
ACT    2636. 

To   define   the   duties    and    liabilities    of    pawnbrokers    and 
pledgees.     [Stats.   1861,  p.   184.] 

Amended   1869-70,   820;     1871-2,    102.     Superseded   by   Penal   Code,  sees. 
338-343. 


TITLE  359. 
PENSIONS. 
ACT    2641. 

Authorizing  county  clerks  to  take  affidavits  for  pension 
claimants  without  payment  of  fees  or  compensation. 
[Stats.  1887,  p.  81.] 

This  act  appears  in  full  in  Political  Code,   Appendix,   pp.   1042,   I'M. 


TITLE  360. 
PESTHOUSES. 
ACT    2646. 

To    prevent    the    establishment    of    pesthouses    within    the 
limits  of  any  town  or  city.      [Stats.  1853,  p.  35.] 
Superseded   by    Penal    Code,    sec.    373. 


TITLE  361. 
PET  ALU  MA. 
ACT  2651. 

Reincorporating.      [Stats.  1873-4,  p.  703.] 
Amending    and    supplementing    act    of    March    27,     1S68.    Repealed 
1873-4,    865. 

ACT    2652. 

Reincorporating.      [Stats.    1867-8,   p.    383.] 
Amended    1871-2,    48;      1873-4,    23,    357,    703,    865;     1875-6,    288.     Super- 
seo^.d   in   1884  by   incorporating  under  the   statute   of   18S3. 

ACT   2653. 

Powers  and  duties  of  board  of  education  of.      [Stats.  1871-2, 
p.  5.] 
Sections   5  and   15  amended,    and   sections   16   and    17   repealed,    1X75- 
6,    121.     Two   sections    numbered    16    and    17   added,    1S77-8.    2ai      This    city 

wf«     roinwi-powti>d     in     \SSU     nrvd»r    th«     statute     of    XS83 


Acts  26^-^664.  5  1     l'KTAI.I  MA     CREEK-PHARMACY.  9W 

ACT    2654. 

Providing  a  system  of  ror.     [Stats.  1S77-8,  p.  436.] 

by    Incorporating,    In    1884,     under    Municipal    Corpom- 

ACT    2655. 

To  widen  English  Street,  ami  to  take  private  lands  therefor. 
[8ta  !73.] 


TITLE  362. 
PETALUM  \    I  KEEK, 
ACT  2660. 

*i..M    and    maintenance   of   a    drawbridge   across,   by  the 

triKt- ■■  s    of    I'.tahima,    act    authorizing.      [Stats.    1875-6, 

"'•'•1 

ACT  2661. 

To  improve  the  navigation  of.     [Stats.   1859,  p.  214.] 

5tt. 


TITLE  363. 
I'll  \KMACY. 
ACT  2664. 

An    a^t    to    regulate    the   practice   of  pharmacy   in   the   state 

alifomia. 

[Approved  March  1905,  p.  535.] 

•  !i    1.      from  and  •  '  •    thii  art   it  shall 

be  unlawful  for  any  person  to  manufacture,  compound,  soil, 
any   drug,   poison,   medieine   of  chemical,  "r   t<> 
pound  any   prescription  of  a   medical   prae- 
b«    a   r.  gistered   pharms 

■■  t     pharmacisl     within     t li •-     moaning    of 

.  r  provided.     Every    rton  .  die 

.1- .    dis 
nes  or  chemicali 

ii  practitJon 

pharmacist.     a   r.g 

detant  pharmacist  may  b*  I  •••  store 

pharmacy,  laboratory  or  office  for  the  sale,  din 

j   of  'Iron*,   medicines  or  ehemietJi 

•  litraJ   practition- 


987  PHARMACY.  '      Act  2664,  •§  J   1 

ers  only  during  the  temporary  absence  of  the  registered 
pharmacist.  Temporary  absence  within  the  meaning  of  this 
act  shall  be  held  to  be  only  those  unavoidable  absences 
which  may  occur  during  a  day's  work,  and  when  the  regis- 
tered pharmacist  in  charge  shall  be  within  immediate  call, 
ready  and  able  to  assume  the  direct  supervision  of  said 
pharmacy.  No  registered  assistant  shall  conduct  a  phar- 
macy. Every  store  or  shop  where  drugs,  medicines  or  chemi- 
cals are  dispensed  or  sold  at  retail,  or  displayed  for  sale  at 
retail,  or  where  prescriptions  are  compounded,  which  has 
upon  it  or  in  it  as  a  sign,  the  words  "pharmacist,"  "phar- 
maceutical chemist,"  "apothecary,"  "druggist,"  "phar- 
macy," "drugstore,"  "drugs,"  or  any  of  these  words,  or 
the  characteristic  show-bottles  or  globes,  either  colored  or 
filled  with  colored  liquids,  shall  be  deemed  a  "pharmacy" 
within  the  meaning  of  this  act. 

Sec.  2.  Any  person  in  order  to  be  a  registered  pharmacist 
must  be  a  licentiate  in  pharmacy,  or  a  practicing  pharma- 
cist. 

Sec.  3.  Licentiates  in  pharmacy  are  persons  who  have 
had  five  years'  experience  in  stores  where  the  prescriptions 
of  medical  practitioners  are  compounded,  and  shall  have 
passed  an  examination  before  the  state  board  of  pharmacy, 
or  who  shall  present  satisfactory  evidence  to  the  said  board 
that  they  have  had  twenty  years'  actual  experience  in  the 
practice  of  pharmacy;  provided,  that  graduates  from  a  repu- 
table college  of  pharmacy  may  be  registered  after  eigh- 
teen years  of  like  experience.  Practicing  pharmacists  are 
persons,  who  at  the  passage  of  this  act,  are  registered  as 
such,  and  who  shall  have  on  or  before  the  first  day  of  Janu- 
ary next  succeeding  the  passage  of  this  act  paid  to  the 
board  of  pharmacy  of  this  state  all  moneys  due  for  renewal 
of  registration  as  required  by  the  acts  of  the  legislature 
regulating  the  practice  of  pharmacy  in  the  state  of  Cali- 
fornia, approved  March  11th,  1891,  and  March   15th,  1901. 

Sec.  4.  Registered  assistant  pharmacists  are  persons  who 
at  the  time  of  the  passage  of  this  act  are  already  registered 
as  such,  and  who  shall  have  on  or  before  the  first  day  of 
January  next  succeeding  the  passage  of  this  act  paid  to  the 
board  of  pharmacy  of  this  state  all  moneys  due  for  renewal 
of  registration  as  required  by  the  acts  of  the  legislature 
regulating  the  practice  of  pharmacy  in  the  state  of  Califor- 
nia, approved  March  11th,  1891,  and  March   15th,  1901;  pro- 


Act  K64,   55  5,  <  PHARMACY.  9W 

vided.  tli at  no  person  shall  be  examin<  '1  or  n  gist<  red  as  a 
licentiate,  unless  and)  person  bns  h&d  Bve  years'  pharma- 
ceutical   •  in    a   pharmacy   under   the   supervision    of 

a  registered  pharmacist;  and  provided  further,  thai  no  per- 
son shall  lie  examined  or  r<  gist<  n  .1  as  an  assistant  pharma- 
cist  from   atnl  after  tli'  f  this.  aOt;    unless   BUCb   per 

-hall  be  not  less  than  eightet  :  has  had 

not  less  than  three  rears'  Instruction  and  experience  in  n 
pharmacy,  cruder  ■  registered  pharmacist;  or  has  bees  n 

at  an  apprentice  as  provided  in  section  K  of  this  ad 

foT  not  hss  than  thn  ■  Tears;  and,  provided  farther,  that  an 

applicant    for  i  a   as  an   assistant    pharmacist    mist 

-   a  satisfactory   examination    before    His   board   of 

pi  armaey. 

Si  e.  ■  ivernor  sh:ill  appoint  s.  ean  oomp  teat 

i    pharma  1  i n ^   in   different   part*   of   the   state, 

to  serve  as  i  board  oi  pharmacy.    The  mstnbi  rs  of  the  hoard 

shall,    within    thirty    (Sir)    days    after    their    appointment,    in 

d  vidually   take  and  subscribe   before   the  county   clerk,  in 

the  county  in  which  they  individual);  reside,  an  oath  faith- 
fully and  impartially  to  discharge  the  di  ribad  by 
this    act.      Tin  y    shall    hold    office    foi    the    t>  rm    of    four    (4) 

years,  and  until  tlnir  successors  ari  appointed  and  hav< 
(|  alifnd.  In  case  of  vacancy  in  tin  board  of  pharmacy, 
ti.e  governor  shall  fill  the  same  i»y  appointing  a  member  to 
aexvi    fox  th<   remainder  of  the  t-rm  only.    The  office  of  the 

board    shall    be    located    in    S  The    hoard    shall 

organize   by   electing  a   president,   a   at  cr<  tary,   and 

urer.     Tl  ry   may   or   may   i,..t   be  a   member  of  tin 

board  as  the  board  in  its  sound  discretion  shall  determine. 

The  Be  ere  tary   and   treasurer  shall   each  give 

bond  running  to  the  board  of  pharmacy  in  a  ajum  of  not 

than    two    thousand   dollars,  and   such   gn  m   as   the 

brard  may  from  time  to  time,  require  for  the  faithful 

charge  of  their  respective  duties. 

Sec.  6.     It  shall  be  the  duty  of  the  secretary   to   ' 
book  of  registration  open  at   the  cil  o,  in 

which   shall    DC    entered    under   the   supervision    of    the    hoard, 
the    nanus,    titles,    qualifications,    and    places    of    bul 
all    persons   coining    undet    the    provisions   of   this   act.      The 
secretary  shall  gi\  -  for  all   money  1  by  him 

and    pay    the   same    to    the    treasurer   of    the   hoard,   taking   his 

pt  for  the  same.    The  treasurer  shall  .lis!'  am. 

by  order  of  the   board   for  to.  .  an  ir\    .  rpansna,   taking  pro;.,  r 


MS  PHARMACY.  Act  2664,  §  7 

vouchers  therefor.  The  balance  of  said  money,  after  pay- 
ing, the  expenses  of  the  board,  he  shall  pay  to  the  state 
treasurer,  who  shall  keep  it  in  a  special  fund  to  be  used  in 
carrying  out  the  provisions  of  this  act.  It  shall  be  the  duty 
of  the  secretary  of  the  board  to  erase  from  the  register  the 
name  of  any  registered  pharmacist  or  assistant  pharmacist 
who  has  died,  or  who  in  the  opinion  of  the  board  has  for- 
feited his  right  under  the  law  to  do  business  in  this  state. 
Besides  the  duties  required  by  this  act,  it  ehall  be  the  duty 
of  the  secretary  to  perform  such  other  reasonable  duties 
appertaining  to  his  office,  as  may  be  required  of  him' by  the 
board  of  pharmacy.  The  secretary  shall  receive  such  com- 
pensation as  may  be  fixed  by  the  board  of  pharmacy,  if  he 
be  a  member  of  the  board,  then  such  compensation  shall  be 
in  addition  to  his  per  diem  as  a  member  of  said  board. 

Sec.  7.  Four  members  of  the  board  shall  constitute  a 
quorum.     They   shall   meet   at   least   quarterly. 

Powers  and  duties  of  the  board. 

Subdivision  1.  The  state  board  of  pharmacy  shall  have 
power: 

(a)  To  make  su;h  by-laws  and  regulations,  not  inconsis- 
tent with  the  laws  of  this  state,  as  may  be  necessary  for 
the  protection  of  the  public,  appertaining  to  the  practice  of 
pharmacy   and    the    lawful    performance    of   its    duties. 

(ft)   To  regulate  the  practice  of  pharmacy. 

(c)  To  regulate  the  sale   of  poisons. 

(d)  To  regulate  the  quality  of  all  pharmaceutical  prepa- 
rations and  medicines  dispensed  or  sold  in  this  state,  using 
the  United   States   Pharmacopoeia   as   the   standard. 

(e)  To  investigate  all  complaints  as  to  the  quality  and 
strength  of  all  pharmaceutical  preparations  and  medicines, 
and  to  tal^e  such  action  as  may  be  necessary  to  prevent  the 
sale  of  such  as  do  not  conform  to  the  standard  and  tests 
prescribed  in  the  latest  edition  of  the  United  States  Phar- 
macopoeia. 

(f)  To  employ  inspectors  of  pharmacy,  and  to  inspect  dur- 
ing business  hours  all  pharmacies,  dispensaries,  stores  or 
places  in  which  drugs,  medicines  and  poisons  are  com- 
pounded, dispensed  or  detailed,  and  to  cause  the  prosecution 
oi  all  persons  whenever  there  appears  to  the  board  to  be 
reasonable    grounds    fcr    such    action. 


ActW«4.   ft  8.  t  Til  VRNf ACT  t»0 

(&)  To  examine  and  register  as  rtfl  and  assistant 

pharmacists  all  applicants  whom  it  shall  deem  qualified  to 
bp   such.     All    persons    applying   fur    r  odeT   this 

act,  shall  pay  the  foil  therefor  to  the  secretary 

of   the   hoard   of   phar"  ts    for    registration    on 

experience    and    cr-  inon    bei  tered    as    such, 

*C<\00;  for  examination  as  licentiate,  wbetheT  the  applicant 
lecessfnl    or    •  -  tpplying    for    a 

licentiate's  certificate    Dndei  '•    of   tlits  Tf 

Istrstfon    1  ihtH    1"-    fur- 

nished with  a  certificate  of  i  I  by  the  g 

tary,  and  the  members  of  the  boar. I. 

No  member  of  the  board  shall  teacb  pharmacy  in 

any   of   Its    branches,    onleas    it    be    as    a    teacher   in    a    pablic 

and   in    a   eolh  ge   of   pharmacy.     Tin-    m< 
the  board  of  phartnaey  shall  each  t>.    paid  thi  (fight 

dollan  per  diem  f  <■<]  which  they 

•  r  with   their 
at    tin-   rati    of   flvi  ■    n  h   mile   necessarily 

reled.     A!.  tion   of  members   and   all   other  •■< 

penses  of  the  hoard,  shall  be  paid  out  of  the  examination 
and    registration    fees   and    fines. 

■  i   pharmacist,  and 

pharmacist,    who  in     his    r  □    on    the 

hooks  of  tin'  board  of  pharmacy  in  tfa  shall  annually, 

ration  of  the  first  year's  registration  and  on 
>r  before  the  first  day  of  July  of  each  succeeding  year,  pay 
to   |  •   tary  of  tin-  hoard   of   pharmacy,  a   renewal 

to  he  fixed  by  th«-  hoard,  which  shall  not  exceed  two  dol- 
lars for  r  i  ■liar  for  assistant 
pharmacists,   in    r.  tttra    for   which 

(ration    shall    1  an]    p>  rson   defaults   in 

the    payment   of   said     •  rgiatration  ikod 

hy  the  beard  of  pharn  la  writing 

fma  tary.   unless   within    said    time    the   fee    is    paid, 

ther   with   such   penalty  ten    dollars,    as 

the    hoard    may    impose.     I'pon    payment    <>f 
penalty,  the  board  must  reinstate  tii.    delinquent's  r»  u 
tion,  d,  or  who  may  hereafter  re- 

i  pharmacist,  or  ai 
pharmacist,  si-  pharmaeii 

tant  pharmacist,  ii  ty  of  this  si  tte  in  which  he 

shall   locate,  or  into  which  he  shall   afterward  intli 

he    shall    have    had    Such    cert  lorded    in    the    olio 

the  county  chrk   oi    -  it    is  hereby   made  the 


990a  PHARMACY.  Act  2664,  §  §  10,  11 

duty  of  the  county  clerk  to  record  such  certificate  in  a  book 
to  be  provided  and  kept  for  that  purpose,  and  the  county 
clerk  is  authorized  to  charge  a  fee  of  fifty  cents  for  the 
recording  of  such  certificate — to  be  paid  by  the  person  offer- 
ing such  certificate  for  record.  Every  pharmacist  or  as- 
sistant pharmacist  holding  a  certificate  of  registration  as 
a  pharmacist,  or  assistant  pharmacist,  and  being  engaged  in 
business  as  a  pharmacist,  or  assistant  pharmacist,  shall  have 
such  certificate  recorded,  as  is  in  this  section  provided, 
within  thirty  days  after  the  taking  effect  of  this  act.  The 
record  of  the  certificate  required  by  this  section,  or  a  certi- 
fied copy  thereof,  shall  be  evidence  in  all  courts  that  the 
person  holding  it,  was  registered  as  evidenced  by  said  cer- 
tificate on  the  date  of  the  same.  Any  registered  pharmacist 
or  assistant  pharmacist  failing  to  comply  with  the  foregoing 
provisions  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  Than  five 
dollars  nor  more  than  twenty-five  dollars.  Upon  the  certifi- 
cate being  recorded,  as  herein  provided,  it  shall  be  the  duty 
of  the  county  clerk  to  notify  the  secretary  of  the  board  of 
pharmacy  of  the  name  of  the  party  and  the  date  of  such 
record. 

Sec.  10.  Every  person  upon  receiving  a  certificate  of 
registration  under  this  act,  or  who  has  heretofore  received 
a  certificate  of  registration  in  this  state,  shall  keep  his  last 
receipt  for  re-registration,  conspicuously  exposed  in  his  place 
of  business.  Every  registered  pharmacist,  and  assistant 
pharmacist,  shall  within  thirty  days  after  the  changing  of 
his  place  of  business  as  designated  on  the  books  of  the  board 
of  pharmacy,  notify  the  secretary  of  the  board  of  his  new 
place  of  business,  and  upon  receipt  of  said  notification,  the 
secretary  shall  make  the  necessary  change  in  his  register. 

Sec.  11.  Every  proprietor  or  manager  of  a  pharmacy  or 
drug-store  shall  be  held  responsible  for  the  quality  of  all 
drugs,  chemicals  and  medicines  sold  or  dispensed  by  him, 
except  those  sold  in  the  original  package  of  the  manufac- 
turer, and  except  those  articles  or  preparations  known  as 
patent  or  proprietary  medicines.  Any  person  who  shall 
knowingly,  willfully,  or  fraudulently,  falsify,  or  adulterate 
or  cause  to  be  falsified  or  adulterated,  any  drug  or  medi- 
cinal substance,  or  any  preparation  authorized  or  recog- 
nized by  the  pharmacopoeia  of  the  United  States,  or  used, 
or  intended  to  be  used  in  medical  practice,  or  shall  mix, 
or  cause  to  be  mixed,  with  any  such  drug  or  medicinal  sub- 
stance, any  foreign  or  inert  substance  whatever,  for  the 
purpose    of    destroying   or    weakening    its   medicinal   power 


Act  2644.   |  12  I'HAKM.  3  K)b 

and    effect,    or    of    leeeendag  ;,    und    shall    willfully, 

knowingly,  or  fraudulently  sell  the   -  cause  it   t 

sold,  for  mi  dieinal   pu  i 
lacanor,  and   upon  conviction    tl  ■  II   be   punished   by 

B   line   of  not   less   tlian    fifty   dollars,   and    n.it    more   than 

hundred  dollars,  or  by  imprison  sent  for  not  lose  thu  fifty 
days  and  ool  bmotc  than  two  hundred  days,  or  by  both  such 
fini    and    Irapriaonment.     Ev<  pharmacist    shall 

file,  or  cause  to  be  filed,  all  physicians'  prescriptions, 
copy  thereof,  oompomach  d  or  dispi  n->i  d  in  his  pharmai 
store.     Tiny  shall  be   preserved   fei    at    'i  :il>.  •'•'"I 

he   shall    furnish   a    eon  uaption,   only 

under    the    ord.  r  the    physician    wn 

Bane.     Any   person   who  Bhall  willfully   violate    any  of  I 
proyisiona  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereo:    -  liabh    to  a  tin.    aol   exceeding   fifty 
doiiars;*and  for  eaafa   subsequent  shall   !>.■   Liapli 

•    not    less    than    fifty    dollars,   and    not    more    thai 

hundred  dollars.  The  state  hoard  of  pharmacy  may  at  any 
win  n   in   tin  ir  judgm.  nt    it 

one   Bf    their    members,  or  an]    otht  r  ID    to    in- 

gate  any  BUBpected  violation  of  any  of  the  provisions 
da  act  and  if  the  result  of  bucd  investigation  Beeme 

th.     board    to   justify   such    a.-tion,    the    board    shall    muse    the 

proaecntion  of  any  person  violating  any  of  the   provisions  of 

this   a<-t. 

12.     Any  person   who  shall   attempt   to   pr.x-ur, 
tration    for    himself    or    any    other    pomOU    utK.li  r    this    act    by 
malting   or   causing  to   be   ma<h-   any    t      ■  .   or 

who   ahall   fraudulently   represent    himself   to    bi    registered, 
shall   I--   deemed   guilty   <>f   a    misdemeanor,   and    upon 
vi.'tion  thereof  Bhall  be  liable  to  punishment  by  a  fine  not 
eding   one   hundred    dollars,   or   by   imprisonment    for   a 
term  not  •  '""'  :""'  ''"' 

prisonme]  "    who   shall    permit    the    compound- 

ing or  disp.  mring  of   pr<  scriptii  as 

or  the  Belling  of  drugs  and  medicines,  iii   his  Btore  or  phar- 
macy   by  r'  tf8ter<  I  ie   direct 
supervision   of   a   registered   pharmacist,  or  any   person   not 
registered    who   shall    retail    medicines   or 
IcaU,  except  in  a  pharmacy  under  the  dii  ■  of 
B    registered    pharmacist,   or   any    person 
the    provisions   of   this   act,   when    no   otheT   penalty    is   pro- 
vi,l,.,l    shall  be  deemed  guilty  of  a  misdemeai 
oonviotion   thereof  shall   be   liable   to   punishmrm   by   i   fiae 
not   leas   than    twenty    .lobars,    and    not    more    than    one    hun- 


330C  PHARMACY.  Act  2664,  §§  13,  14 

dred  dollars,  or  by  imprisonment  for  a  term  not  exceeding 
fifty  days,  or  by  both  such  fine  and  imprisonment.  All 
fines  recovered  under  this  act,  shall  be  paid  by  the  magis- 
trate receiving  the  same,  to  the  state  board  of  pharmacy. 
Any  person  convicted  of  violating  the  provisions  of  this 
act  a  third  time,  shall  in  addition  to  the  penalties  herein- 
before mentioned  have  his  registration  as  a  pharmacist  can- 
celed. Nothing  in  this  act  shall  apply  to  or  interfere  with 
any  practitioner  of  medicine,  who  is  duly  registered  as  such 
by  the  state  board  of  medical  examiners  of  this  state, 
with  supplying  his  own  patients,  as  their  physician,  and 
by  them  employed  as  such,  with  such  remedies  as  he  may 
desire,  and  who  does  not  keep  a  pharmacy,  open  shop,  or 
drug-store,  advertised  or  otherwise,  for  the  retailing  of  medi- 
cines or  poisons,  nor  does  this  act  apply  to  the  exclusively 
wholesale  business  of  any  dealer,  nor  do  general  dealers 
come  under  the  provisions  of  this  act,  in  and  so  far  as 
it  relates  to  the  keeping  for  sale  of  proprietary  medi- 
cines, in  original  packages.  Nor  does  this  act  apply  to 
registered  or  copyrighted  proprietary  medicines  registered 
in  the  United  States  patent  office,  nor  to  the  manufacture  of 
proprietary  remedies  or  the  sale  of  the  same  in  original 
packages,  by  persons  other  than  pharmacists. 

Sec.  13.  Any  proprietor  of  a  pharmacy,  who  not  being  a 
registered  pharmacist,  shall  fail  or  neglect  to  place  in  charge 
of  such  pharmacy  a  registered  pharmacist,  or  any  such 
proprietor  who  shall  by  himself,  or  any  other  person,  per- 
mit the  compounding  or  dispensing  of  prescriptions,  or  the 
vending  of  drugs,  medicines,  or  poisons,  in  his  store  or  place 
of  business,  except  by  or  in  the  presence  and  under  the  direct 
supervision  of  a  registered  pharmacist,  or  any  person,  not 
being  a  registered  pharmacist,  who  shall  take  charge  of  or 
act  as  manager  of  such  pharmacy,  or  store,  or  who,  not 
being  a  registered  pharmacist,  retails,  compounds,  or  dis- 
penses drugs,  medicines,  or  poisons,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  liable  to  a 
fine  of  not  less  than  twenty  dollars,  and  not  more  than  one- 
hundred  dollars,  or  by  imprisonment  for  a  term  not  exceed- 
ing fifty  days,  or  to  both  such  fine  and  imprisonment. 

Sec.  14.  Any  member  of  the  board  of  pharmacy  may  ex- 
amine applicants  orally  or  in  writing,  and  issue  a  temporary 
certificate  to  practice  pharmacy,  which  shall  authorize  such 
practice  and  be  valid,  not  to  exceed  three  months  from  its 
date  Only  one  temporary  certificate  shall  ever  be  issued 
to  the  same  applicant,  and  no  temporary  certificate  shall  be 
granted  to  any  person  whose  application  has  been   ac-te^j  upoD 


A.  t  t«H   §§  15,  16  PHARMACY.  WO<J 

by  the  board.  The  member  conducting  such  examination 
as  herein  set  forth,  shall  be  entitled  to  charge  and  receive 
the  sum  of  three  dollars  for  his  services,  said  moneys  to  be 
paid  to  the  secretary  for  the  board  of  pharmacy. 

Sec.  15.  Tt  shall  be  the  duty  of  all  registered  pharma 
cists  who  take  into  their  employment  an  apprentice,  whose 
purpose  is  to  become  a  pharmacist,  to  report  to  the  board 
<>f  pharmacy  Buch  facts  regarding  his  schooling  and  pre- 
liminary qualifications  as  tbe  board  of  pharmacy  may  re- 
quire, for  the  purpose  of  registration  as  an  apprentice. 
The  board  of  pharmacy  shall  adopt  a  standard  of  quali- 
fications regarding  schooling  and  preliminary  education  for 
:'ll   persons  d<sir;'  regarded   as  apprentices,  as  pro- 

1  for  in  this  section.  The  pharmaceutical  experience 
of  every  apprentice  shall,  after  the  passage  of  this  act,  1m 
deemed    I  en    the   date  on   which  he  began   the  study 

;  armacy,  and  such  date  shall  be  inserted  in  the  certif- 
icate of  registration  of  said  apprentice,  provided  the  pre- 
liminary qualifications  have  been  found  satisfactory  by 
the  board.  Sworn  testimony  shall  be  furnished  the  board 
upon  which  they  shall  determine  the  date  as  aforesaid 
The   date  rmined    anil    ■  ntered    as   afore  said,   shall   be 

deemed  to  be  the  beginning  of  the  applicant's  pharmaceuti- 
cal experience  for  the  purposes  of  this  act;  provided,  that 
students  matriculated  and  attending  any  reputable  college 
of  pharmacy,  shall  be  registered  as. apprentices,  upon  such 
fact  being;  shown.  The  board  of  pharmacy  shall  keep  a 
n  gist(  r  for  the  n  gistratton  of  apprentices  and  furnish  on 
application,  proper  blanks  for  this  purpose.  No  apprentice 
shall  be  permitted  to  sell  drugs,  or  medicines,  or  compound 
riptions,  except  under  the  direct,  immediate,  and  per 
sonal  supervision  of  a  registered  pharmacist.  No  r> 
tered  apprentice  shall  ever  be  left  in  charge  of  a  pharmacy. 

16.     The    board    of    pharmacy    may    in    its    discretion. 

.  a  permit  to  general  dialers  in  rural  districts,  in  whicn 
the  conditions,  in  tin  ir  judgment,  do  not  justify  the  era- 
ployment   of  :i   registered    pharmacist,  and    where    the    store 

iuch  general  dealer  is  not  less  than  five  miles  distant 
from  the  Store  of  a  registered  pharmacist;  which  said  per- 
mit shall  authorize  the  person  or  tirm  named  therein  to 
^eii  Mich  ordinary  drugs    and    ordinary  household  rentsdiea, 

and   in   such    manner   and    form,   as    the    lio;ird    may   from   time 
fy,    in     said     district     but     not     elsi  win  re.   under 

raeh    regulations  and    restrictions    'is  said  board  may  from 

time   to    time   adopt.      The    board    sli:i.ll    charge    ajj    annual    fc.» 


990e  PHARMACY.  Act  2664,  §§  17-19 

of  twelve  dollars,  in  advance,  for  such  permit,  and  it  shall 
be  unlawful  for  any  dealer  to  sell  any  drugs  or  ordinary 
household  remedies,  without  complying  with  the  require- 
ments of  this  section.  Whenever  a  registered  pharmacist 
shall  establish  a  pharmacy  within  five  miles,  by  the  short- 
est road,  from  the  place  of  business  of  such  general 
dealer,  no  further  license  shall  be  granted,  and  the  license 
already  issued  shall  become  void;  and  the  board  shall  re- 
fund to  said  general  dealer  the  proper  proportion  of  the 
unexpired  license-fee  paid  to  the  board  of  pharmacy. 

Sec.  17.  It  shall  be  the  duty  of  the  board  of  pharmacy, 
by  resolution,  at  least  annually  to  request  of  the  chief  of 
police  or  marshal  of  every  incorporated  city  in  this  state, 
a  list  of  all  drug-stores,  .together  with  the  names  of  the 
owners,  managers,  and  all  employees  in  said  stores,  and  a 
brief  statement  of  the  capacity  in  which  said  persons  are 
employed  in  said  stores.  Upon  such  request  in  writing,  it 
shall  be  the  duty  of  the  chief  of  police  or  marshal  of  said 
city,  to  require  the  patrolmen  under  his  command,  upon 
their  respective  beats,  to  obtain  such  list  as  is  in  this  sec- 
tion specified,  and  deliver  the  same  to  the  board  of  phar- 
macy. It  shall  be  the  duty  of  the  owner  or  manager  of 
any  drug  store  when  called  upon  by  an  officer  as  above 
set  forth,  or  by  a  member  of  the  board  of  pharmacy,  to 
furnish  said  officer  or  member  of  the  board  of  pharmacy 
with  the  information  required.  Any  person  refusing  to 
furnish  information,  or  willfully  furnishing  information 
that  is  false  and  untrue,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  ten  dollars  and  not  more  than 
twenty  dollars,  or  by  imprisonment  for  not  less  than  ten 
days,  and  not  more  than  twenty  days,  or  by  both  such  fine 
and  imprisonment, 

See.  18.  The  several  penalties  prescribed  in  this  act 
may  be  recovered  in  any  court  having  jurisdiction,  by  a 
civil  action  instituted  by  the  board  of  pharmacy,  in  the 
name  of  the  State  of  California,  or  by  criminal  prosecu- 
tion upon  complaint  being  made;  and  it  shall  be  the  duty 
of  the  district  attorney  of  the  county  wherein  violations 
of  the  provisions  of  this  act  occur,  to  conduct  all  such  ac- 
tions and  prosecutions  at  the  request  of  the  board. 

Sec.  19.  All  persons  registered  under  this  act  shall  be 
exempt    and    free    from    jury    duty. 


Acts  3666.  2666 


PHARMACY 


Sec.  20.  This  act  shall  tnke  effect  July  1,  1905,  and  all 
laws  in  conflict  with  this  act,  (in  and  so  far  as  they  con- 
flict),   are    Inn  by    rep*  abd. 

ACT  2665. 

An  act  to  regulate  the  work  and  hours  of  employees  en- 
gag,  d  in  selling,  at  retail,  drugs  and  medicines,  and 
compounding  physicians'  prescriptions,  and  providing 
a  penalty  for  the  violation  then 
[Approved  F.hruary  88,  IMS.  stats.  1005,  p.  28.] 
Section  1.  As  a  measure  for  tin-  protection  of  public 
health,  no  person  employed  by  n,  iirm  or  corpora- 

tion, shall  for  more  than  an  average  of  ten  hour1;  B  day  or 
sixty  hours  a   week  of  six  const  ilendar  days,  per- 

forin tin-  work  of  Belling  drugs  <*>r  other  medicines,  or  com- 
pounding physicians'  prescriptions,  ho  any  store,  establish- 
ment  or  place  of  business,   when    and   in   which   drugs    »r 

tnedieineS     are     sol.l.     at     retail,     .and     where     and     in     which 

physician!  -  riptions  are  compounded;  provided,  that 
the    answering    of    and    attending    to    emt  IN    shall 

not  be   construed   as  a    violation   of  this 

Sec.  2.     No  person,  firm  or  corporation   employing  another 

do   work    which   consists    n  holly   or   in    part    of   sell 

bag,  at  retail,  drugs  or  medicines,  <>r  of  compounding  physi- 
cians' prescriptions,  i'1  any  store,  or  establishment  or  place 

of  business  where  or  in  which  medicines  are  sold  and 
where  and  in  which  physicians'  prescriptions  are  com- 
pounded shall  require  or  permit  said  employed  person  to 
pi  rform   such    work   for  more  than   an    av<  0    hours 

a   day,  or  sixty  hours  a  week  of  six  consecutive   calendar 

days. 

Sec  3.  Any  person,  firm  or  corporation  violating  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  mis- 
demeanor and  shall  be  punish,  d  then  for  by  a  fine  not 
than  twiity  dollars  nor  more  than  fifty  dollars,  or  by  im- 
prisonment for  DOl  UBg  sixty  days,  or  by  both  such 
ii,1(.    and    imprisonment)   at    the    discretion    of    the   court. 

I.      All    acts   or    parts    of    acts    inconsistent    with    the 
provisions    of    this    act    are    her.  by     r<  pealed, 

ACT    2666. 

To    regulate    the    practice    of    pharma.  <le    of    poi- 

in  the  Btate  of  California.     [Approved   March  11,  1891. 

•I,  p.  86.] 

AintD.lo.l    USB,    <a.     Repealed    1901.    304. 


; 


991  PHYSICIANS-PILOTS.  Acts  2667-2672 

ACT   2667. 

An  act  to  regulate  the  practice  of  pharmacy  and  sale  of 
poisons  in  the  state  of  California.  [Stats.  1901,  p. 
299.J 

Probably   superseded   by   act   of   1905,    p.    535,    to   regulate   the   prac- 
tice of  pharmacy.     See  ante,    Act  2664, 

ACT  2668. 

An  act  appropriating  twenty-five  hundred  ($2500)  dollars  to 
enable  the  California.  State  Board  of  Pharmacy  to  re- 
store certain  property  and  records  destroyed  by  fire 
which  said  property  and  records  are  necessary  for  the 
business  of  the  California  State  Board  of  Pharmacy. 

[Approved   June    14,    1906.] 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  There  is  hereby  appropriated  for  the  California 
State  Board  of  Pharmacy  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  twenty-five 
hundred  ($2500)  dollars  to  enable  the  California  State  Board 
of  Pharmacy  to  restore  certain  records  and  property  de- 
stroyed by  fire,  which  said  records  and  property  are  neces- 
sary for  the  business  of  the  California  State  Board  of  Phar- 
macy. 

Sec.  2.  The  state  controller  is  hereby  directed  to  draw  his 
warrant  for  the  sum  in  this  act  appropriated  in  favor  of  the 
California  State  Board  of  Pharmacy  upon  their  requisition 
for  the  same  and  the  state  treasurer  is  hereby  directed  to 
pay  said  warrant. 

Sec.  3.     This  act  shall  take  effect  immediately. 


PHYSICIANS. 
See    title    Medicine,    ante. 


TITLE  364. 
PILOTS. 
ACT   2672. 

To  provide  for  the  appointment  of  pilots  at  the  port  of 
Wilmington  and  the  bay  of  San  Pedro,  and  defining 
their    duties   and    compensation.     [Stats.    1889,   p.   416. J 


AcU  3«T7-a6S8  PITT     UP  OUNTX.  »5 

TITLE  365. 
I'll  I     KlVKIv. 
ACT   2677. 
To   provide    f,,r   removing  ai   in.     [8tats.   1901,  p. 

808.] 
ACT    2678. 

To  provide  for  n  niDval  of  ill  in,  above  the  mouth 

ol    Hat    Creak,   so   as  to   enable   aalnadn    to    reach   the 
■pawning  grounda   on   the   apper  water*   of   said   river 

and    ita    tributaries.      [Stats.     1880,    p.     104.J 


TITLE  366. 
PLACES    I  oiNTY. 
ACT    2683. 

Trespassing      of      animals      in     certain      townships.     [Stats. 
1875  8,   p.   542. J 

Modlfled,    If   not   reptal.-J.    by   the  catray   law  of   1897.    198.    and   1901. 
«03. 

ACT    2684. 

Providing  for  location,  construction,  ami  maintenance  of  high- 
waye,     [Stats.  1871-8,  p.  148.] 

lied   18S3,   6,   chap.   X,  tec.   2. 

ACT   2685. 

Providing  for  the   location   and   better  maintenance  of  roads 
and  highways.      [Stats.   1873-4,  p.  833.J 
i\p.     X.    ae. 

ACT   2686. 

Boadfl  and  highways  in.      [Stats.  1875-6,  p.  413.] 
dad    Un,    '■>.   chap.    X.    sec.    I. 

ACT    2687. 

Notaries    publie,   additional    for.     [Stats.    1871-2,    p.    33.] 
Bupermded    by   Political   Coda,    st. 

ACT   2688. 

County   recorder,   salary   of.      [Stats.    1873  1,    p.   702.] 

;sr?-S.   269. 


903  PLACERVILLE.  Acts  2689-^TO<j 

ACT   2689. 

Recorder  of,   fees  and   compensation  of.     [Stats.    1877-8,    p. 

268.] 
Repealed   by   County    Government    Acts,    1897,    527,   sec.    177,    and   fee 
bill   of  1895,    267. 

ACT    2690. 

Legalizing  records  of.     [Stats.  1863-4,  p.  84.] 

ACT   2691. 

Consolidating    offices   of   sheriff    and   tax   collector,   and    mak- 
ing the  sheriff   ex-offieio    tax    collector.     [Stats.    1873-4, 
p.  709.] 
Repealed  by  County   Government  Acts,    see  1897,   452. 

ACT    2692. 

Supervisors,   regulating    powers    of.     [Stats.    1877-8,   p.    197.] 
Repealed  by   County   Government  Acts,  see  1897,   452. 

ACT    2693. 

Reorganizing  board  of  supervisors  in.      [Stats.  1873-4,  p.  347.] 
Amended    and    supplemented    1873-4,    775;     1875-6,    573.    Act    of    1873- 
4,   775,   repealed  1875-6,    573. 


TITLE  367. 

PLACERVILLE. 
ACT    2697. 

Authorizing   common   council   to   issue   certain   bonds.     [Stats. 
1863,    p.    166.] 
Cal.    Rep.    Cit.     147,    162. 

ACT    2698. 

Reincorporating.      [Stats.    1863,    p.    211.] 
Amended    1863-4,    493;     1871-2,    431. 
Cal.    Rep.    Cit.     147,    163. 

A.CT   2699. 

Raceway  through,  extending  time  for  construction  of.     [Stats. 

1877-8,  p.   83.] 
A.CT    2700. 

TmDrovement     of     streets    and   sidewalks    of.     [Stats.    1875-6, 
V  p.  893.] 

Gen.  Laws— <3 


PUMAS    COl'NTT.  «M 

ACT    2701. 

i'ity    clerk    of,    to    execute    certain    trusts.      [Stats.    1873-4,    p. 

706.] 

Repealed    1872-4.    7M. 

This  act    was    passed    to   carry    Into   effect    the   act   of   Congress   Tor 
lef  of  Inhablunts  of  towns  on  the  public  lands. 

ACT     2702. 

City    clerk   to   ex.  cute   certain    trusts.      [Stats.    1873-4,   p.    754.] 

Repealed     II       - 

This    act    was    pr.-r.  d    to    carry    out    the    provisions    of    the    act    of 
''"ncress   for   the  rel!<-f  of  Inhabitants  of  towns  upon   the  public   l»^ 

ACT    2703. 

Charles   P.   In  rertain  trusts. 

[Stats.  1875  6,  p.  828.] 

Am.-ndeM    1877-8. 

This  -   'he  carrying  out   of  the  grant   by   the    United 

States   government   to    the    city    for    the    benefit    of   the   occupant*. 


TITLE  368. 

PLUMAS  GDIJNTT. 

ACT   2708. 

Fixing  salary  of  district  att •••  [Stats.  1871  2.  p.  733.] 

t.    1897,    566,    sec.    206. 

ACT  2709. 

earning  highways.     [Stats.   1S71-2,   p.  65.] 

'.S73-4.    306 

ACT    2710. 

Additional   notaries   in.      [Stats.    1871-8,   p.    304.] 
il    Code.    sec.    791. 
This  i    an    additional    notary    to    reside   at    Mohawk 

Valley. 

ACT     2711. 

In   relation   to   certain  tlx   their  compensa- 

p.  547.] 

"Rr|  '  •  •  M       ?•*  * 

| 

mlaaloMf*    Note, 


995  PLYMOUTH— POLICE.  Acts  2712-2729 

ACT  2712. 

Eoads  in,  keeping  in  repair.     [Stats.  1875-6,  p.  6.] 

Superseded   1883,    5,    chap,    x,    sec.    2. 

ACT   2713. 

Tax  collector  of,  fees  of.     [Stats.  1873-4,  p.  382.] 

Repealed    by    County    Government    Acts,    see,    18a7,    566,    572,    »eca. 
206,    215. 


TITLE  369 

PLYMOUTH. 
ACT  2718. 

To    prevent    hogs    and   goats   from  running  at  large   in   Ply- 
mouth, Amador  County.     [Stats.  1877-8,  p.  1020.] 
Probably  repealed,   1897,   198. 


TITLE  370. 
POISONS. 
ACT    2723. 

To  regulate  the  sale  of  certain  poisonous  substances.     [Stats. 
1880,   p.   102.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  347a. 
Penal  Code. 

This  act  appears  In  full  in  the  Appendix  to  the  Penal  Code,  p. 
641.     Act  regulating  sale  of  poisons,    see   title   Pharmacy,    ante. 


TITLE  371. 
POLICE. 
ACT   2728. 

To  regulate  the  hours  of  service  by  members  of  the  police  de- 
partment of  cities  of  the  first  class  and  of  cities  and 
counties.      [Stats.  1901,  p.  107.] 

ACT    2729. 

Regulating  the  hours  of  service  on  regular  duty  by  members 
of  the  police  department  of  cities  of  the  first  class,  cities 
and  counties,   cities  of  the   first  and  one  half  class,  and 
cities  of  the  second  class.     [Stats.  1903,  p.  51.] 
TbU   act   appears   in   full    in   Penal   Code,    Appendix,   p.    661. 


<i-2739  POLICE    COURTS.  K* 

ACT   2730. 

To  increase  the  police  force  of  various  cities,  cities  and  coun- 
ties and   towns.      [Stats.   1891,  p.  10.] 
This  act  appears  In   full   In  the   Appendix  to   the   Penal  Code.   p.    inQ. 

ACT    2731. 

Providing  for  t ho  compensation  of  chief  and  captain  of  police 
and  police  officers  in  cities  having  not  less  than  ten  thou- 
Band  nor  more  than  twenty-five  thousand  inhabitants. 
[Stats.  L893,  p.  280J 

Unconstitutional.     (Darcy    v.    Mayor   of   San    Jose,    104   Cal.    642.) 

ACT    2732. 

To   regulate  the   salaries   of   certain   officers  of  the  police   de- 
ne nt    in    municipalities    "•    the    lirst.    class   and    to    pro- 
tor   the   appointment    and    salaries   of   other   officers. 
[Stats.   L897,  p.  72.] 

Unconstitutional.     (Popper    v.    Brood  k-k,    123    Cal.    456.) 

ACT   2733. 

Requiring  boards  of  commissioners  having  control  of  the  po- 
lice force  to  grant  j  early  vacations,     [Stats.  1891,  p.  47.] 

This  at  i    »np— TU  1"   full   in   the   Appendix   to   the   Penal   Code,    p.    ViJ. 

ACT   2734. 

To  provide  for  the  appointment  of  policemen,  with  the  powers 
of  peace  officers,  to  serve  upon  the  premises,  cars  or  boats 
.it'  railroad  audi  steamship  companies.  [Stats.  1901,  p. 
666.] 

This  act  appears  In  full  In   Penal  Code.   Appendix,   p.   6i2. 

ACT    2735. 

Creating  police  relief,  health,  life  insurance,  and  pension  fund. 
[St;its.    1S89,    p.    56.] 
Amended    IS  ••■■'.     1^7,    52. 

Cal.   Rep.    Cit.    SO,   870;     1*7.   661;    134.   :.i. 

This    uct   appears    In    full    In    the    Appendix   to   the    Penal    Code,    p. 
043. 


TITLE  372. 
POLICE  COUETB. 

ACT    2739. 

To    provide    for     police     courts     in     ernes     having     more     than 


997  POLICE    COURTS.  Acts  2740,  2741,  §§13 

thirty  and  less  than  one  hundred  thousand  inhabitants. 
[Stats.  18S5,  p.  213.] 
Amended    1891,    292;     1893,    41;     1895.    113. 
Cal.    Rep.    Cit.    76,    439;     76,    442;     76,    445;    76,    447;     76,    449;     76,    460;     76, 
452;     76.   454;     78,   565;     82,   341;     82,   343;     114,   334;     120,    384, 

'  MD'T   1891. 

'al.    Rep.    Cit.     109.    ?65. 

ACT    2740. 

To   provide  for  police   courts  in   cities  having  a  population 
of    fifteen    thousand    and    under    eighteen    thousand    in- 
habitants.     [Stats.    1891,   p.   433.J 
Unconstitutional.     Ex    parte    Giamboninl,    117    Cal.    573.) 

ACT  2741. 

\n  act  to  establish  police  courts  in  cities  of  the  first  and 
one-half  class,  to  fix  their  jurisdiction  and  provide 
for  officers  of  said  courts  and  fix  the  compensation  of 
certain  officers  thereof. 

'  Became  a  law  under  constitutional  provision  without  gov- 
ernor's   approval,   March   5,   1901.     Stats.   1901,   p.   95.] 
Amended   1903,    320.    335;     1905,    41. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  judicial  power  of  every  city  of  the  first 
and  one-half  class  shall  be  vested  in  a  police  court  to  be 
held  therein  by  the  city  justices  of  such  city,  or  one  of 
them.  Either  one  of  said  justices  may  hold  such  court, 
and  there  may  be  as  many  sessions  of  said  court  at  the 
same  time  as  there  are  city  justices  in  such  city,  and  it  is 
hereby  made  the  duty  of  said  city  justices,  in  addition 
to  the  duties  now  required  of  them  by  law,  to  hold  said 
police  court,  as  judges  thereof. 

Sec.  2.  Said  police  court  shall  have  exclusive  jurisdic- 
tion of  all  misdemeanors  punishable  by  fine  or  by  im- 
prisonment, or  by  both  such  fine  and  imprisonment,  com- 
mitted in  the  city  where  such  police  court  is  held;  and 
in  all  such  cases  to  try  and  determine  the  same,  convict 
or  acquit,  pass  and  enter  judgment  and  carry  such  judg- 
ment into  execution  as  the  case  may  require,  according 
to  law. 

Sec.  3.  The  said  court  shall  also  have  exclusive  juris- 
diction of  all  proceedings  for  violation  of  any  ordinance  of 


Act  2741.  §§4-6  POLICE    COURTS.  9£l 

s;ii<l  city,  both  civil  and  criminal,  and  of  all  actions  for 
the  collection  of  any  licenses  required  by  the  ordinances 
of  said  city. 

-1.  Neither  of  said  justices  shall  sit  in  cases  in. 
which  he  is  a  party,  or  in  which  he  is  interested,  or  where 
he  is  related  to  either  party  by  consanguinity  or  affinity 
within  the  third  degree;  and  in  ease  of  the  sickness  or  in- 
ability of  said  justices,  or  either  of  them,  either  of  said 
justices  may  call  in  any  justice  of  the  peace  of  the  county 
to  act  in  his  place  or  stead. 

Sec.  5.  Each  of  the  city  justices,  while  acting  as  judge 
of  said  police  court,  shall  have  jurisdiction  to  issue  war- 
rants of  arrest,  search  warrants,  suhpoenas,  and  all  other 
processes  necessary  to  the  full  and  proper  exercise  of  the 
powers  and  jurisdiction  of  said  court;  to  punish  pcr-ons 
guilty  of  contempt  of  said  court;  to  try  all  charges  of 
misdemeanor  offenses  committed  within  its  jurisdiction, 
.ell  as  all  charges  for  violation  of  city  ordinances,  and 
render  judgment  therein,  with  full  power  to  carry  such 
judgment    into    execution. 

>'..  Said  police  court  shall  have  a  clerk  for  each 
of   the   judges   of   said    curt,   win   shall   be   appointed   by    the 

judge  of  the  said  court  presiding  in  the  department  thereof 

in  which  the  said  clerk  is  to  act,  which  said  d.  rks  shall 
hold  office  tor  the  term  of  two  years  from  the  date  of  ap- 
pointment. Bach  of  said  clerks  shall  give  a  bond  in  the 
sum  of  five  thousand  dollars,  with  at  least  two  sureties, 
to  he  approved  by  the  mayor,  conditioned  for  the  faithful 
discharge  of  the  duties  Of  his  office.  Each  of  said  clerks 
shall    receive    an    animal    salary    of   one    thousand    eight    hun- 

!  dollars  a  year,  payable  in  equal  monthly  install- 
ments out  of  the  treasury  of  said  city,  which  salary  shall 
be  th<  full  compensation  for  all  services  rendered  by 
Mm.  i;  !,  of  th<  laid  d.  rks  shall  keep  a  record  of  the 
proceedings    of,    and    issue    all    proi  Lered    by,    the 

city  Justin  s,   or  either  of   them,  or  by   said  police   court,  and 
roceiv<     and     pay    into    the    city    treasury    all    tines    imposed 
by   said   court-     They   shall   also    render   each   month   bo 
city   council   an    exacl    and    detailed   account   und<  r  oath   of 
all'  tines    imposed  I,    •""!   of   all    fmes   imposed 

and    uncollected    sin.-r    their    last     reports.      They    shall    pre- 
pare   lion. Is.    justify    bail    when    the    amount    has    b 
l,v    either    of  Said  justices    or    by    said    police    court,    in 

g    one    hundred    dollars,    and    may    administer 


999  POLICE   COURTS.  Act  2741,  §§  7-9 

and  certify  oaths.  Said  clerks  shall  remain  at  the  court- 
rooms of  said  court  during  the  business  hours  arid  during 
such  reasonable  times  thereafter  as  may  be  necessary  for 
a  proper  performance  of  their  duties.  Before  receiving 
any  monthly  payment  of  salary  each  of  said  clerks  shall 
make  and  file  with  the  city  auditor  an  affidavit  that  he 
has  deposited  with  the  city  treasurer  all  moneys  that  have 
come  into  his  hands,  belonging  to  the  city.  Any  violation 
of  this  provision  shall  be  a  misdemeanor.  [Amendment 
approved  March  20,  1903.  Stats.  1903,  p.  335.  In  effect  im- 
mediately.] 

Sec.  7.  Said  police  court  shall  have  a  prosecuting  at- 
torney and  two  assistant  prosecuting  attorneys,  all  of 
whom  shall  be  appointed  by  the  city  attorney  of  the  sail 
city,  and  who  shall  hold  office  for  the  term  of  two  years 
from  the  date  of  their  appointment.  Said  prosecuting  at- 
torney shall  receive  an  annual  salary  of  twenty-one  hundred 
dollars,  which  shall  be  paid  in  equal  monthly  installments 
out  of  the  treasury  of  said  city,  which  salary  shall  be 
in  full  compensation  for  all  services  rendered  by  him.  One 
of  said  assistant  prosecuting  attorneys  shall  receive  an  an- 
nual salary  of  eighteen  hundred  dollars,  and  one  of  said 
assistant  prosecuting  attorneys  shall  receive  an  annual  sal- 
ary of  fifteen  hundred  dollars,  which  shall  be  paid  m 
equal  monthly  installments  out  of  the  treasury  of  said  city, 
which  salary  shall  be  in  full  compensation  for  all  services 
rendered  them.  It  shall  be  the  duty  of  said  prosecuting 
attorney  and  said  assistant  prosecuting  attorneys  to  attend 
the  sessions  of  said  police  court  and  conduct  ou  behalf  of 
the  people  all  prosecutions  for  public  offenses  of  which 
said  court  has  jurisdiction.  [Amendment  approved 
March  3,  1905.     Stats.  1905,  p.  41.] 

Sec.  8.  All  fines  and  other  moneys  collected  on  behalf 
of  the  city  in  the  police  court  shall  be  paid  into  the  city 
treasury  on  the  first  Tuesday  of  each  month. 

Sec.  9.  The  city  council  shall  furnish  suitable  rooms 
for  the  holding  of  said  police  court  and  shall  also  furnish 
the  necessary  dockets,  blanks,  stationery,  and  supplies 
for  the  carrying  on  of  the  business  of  said  courts.  One 
docket  shall  be  styled  "The  City  Criminal  Docket,"  in  which 
all  the  criminal  business  of  said  court  shall  be  recorded, 
and  each  case  shall  be  alphabetically  indexed.  Another 
docket  shall  be  styled  "The  City  Civil  Docket,"  and  it  shall 
■•ontain   each   and   every   civil   case    in   which   the   city   is   a 


Act  2742  POLICE    COURTS.  MSJ 

party,  or  which   is   proa  cut<  d  or  d<  fi  ruled  for  her  interest; 
and  each  case  shall  be  properly  indexed. 

Sec.  10.  The  poliee  eeurt  shall  be  always  open,  ex- 
cept upon  non-judicial  days,  and  then  for  such  purposes 
only  as  by  law  permitted  or  required  of  other  courts  of 
this  state. 

Sec  11.  Appeals  may  be  taken  from  any  judgment  of 
said  police  court  to  the  superior  court  of  the  county  in 
which  such  city  may  be  located,  in  the  same  manner  in 
which    appeals   are    taken    from   the   justices'   courts   in   like 

Bee.  12.  In  all  cases  of  imprisonment  of  persons  con- 
victed in  laid  police  court  of  any  ofTense  commit  Wd  in  the 
city,  the  person  so  to  be  imprisoned,  or  by  ordinance  re- 
quired to  labor,  shall  be  imprisoned  in  the  city  jail,  or,  if 
required    to    labor,   shall    labor   in   the   city. 

]."..     Said    courts   shall    have   a   seal,   to   be   furnished 
by    the    city. 

Bee.    11.     The   city   justins   shall   on   the   first   Tuesday  of 
each    month    make    to    the    city    council    a    full   and   complete 
r1    of    all    tie  '\il    and    crfminal,    in    which    the 

city  has  an  interest,  or  which  are  required  to  be  entered  in 
the  city  civil  docket  or  the  city  criminal  docket,  such  re- 
port to  be  made  upon  blanks  furnished  by  the  city  coun- 
cil and  in  such  form  as  they  may  require. 

1"..  Certified  transcripts  of  the  dockets  or  files  of 
said  court,  certified  by  tin  clerk  of  said  court  under 
the  seal  of  said  court,  shall  be  evidence  in  any  court  of 
this  state  of  the  contents  of  Bald  docket  or  of  said  files, 
as  the  case  may  be;  and  all  warrants  and  other  process  is- 
i  out  of  said  court  and  all  acts  doDe  by  said  court  and 
certified  under  its  seal,  shall  have  the  same  force  and  va- 
lidity in  any  part  of  this  state  as  though  issued  or  done  by 
any  court  of  record  of  this  state. 

8<  C    16.     This  act  shall   take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT   2742. 

An  act  to  establish  police  courts  in  cities  of  the  secord 
class,  to  fix  their  jurisdiction,  and  provide  for  officers 
of  said  courts,  and  fix  the  compensation  of  certain 
officers   thereof. 

[Approved   March  23,   1901.     Stats.   1901,  p.  576.] 

Amended     1905.     634 


1001  TOLICE    COURTS.  Act  2M2,  j§  l-« 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  judicial  power  of  every  city  of  the  second 
class  shall  be  vested  in  a  police  court  to  be  held  therein 
by  the  city  justices  of  such  city,  or  one  of  them.  Either 
one  of  said  justices  may  hold  such  court,  and  there  may 
be  as  many  sessions  of  said  court  at  the  same  time  as  there 
are  city  justices  in  such  city,  and  it  is  hereby  made  the 
duty  of  said  city  justices,  in  addition  to  the  duties  now  re- 
quired of  them  by  law,  to  hold  said  police  court,  as  judges 
thereof. 

Sec.  2.  Said  police  court  shall  have  exclusive  jurisdic- 
tion of  all  misdemeanors  punishable  by  fine  or  by  impris- 
onment, or  by  both  such  fine  and  imprisonment,  committed 
in  the  city  where  such  police  court  is  held;  and  in  all  such 
cases,  to  try  and  determine  the  same,  convict  or  acquit,  pass 
and  enter  judgment  and  carry  such  judgment  into  execution 
as  the  case  may  require,  according  to  law. 

Sec.  3.  The  said  court  shall  also  have  exclusive  juris- 
diction of  all  proceedings  for  violation  of  any  ordinance 
of  said  city,  both  civil  and  criminal,  and  of  all  actions  for 
the  collection  of  any  licenses  required  by  the  ordinances  of 
said  city. 

Sec.  4.  Neither  of  said  justices  shall  sit  in  cases  in  which 
he  is  a  party,  or  in  which  he  is  interested,  or  where  he  is 
related  to  either  party  by  consanguinity  or  affinity  within 
the  third  degree;  and  in  case  of  the  sickness  or  inability 
of  said  justices,  or  either  of  them,  either  of  said  justices 
may  call  in  any  justice  of  the  peace  of  the  county  to  act 
in  his  place  or  stead. 

Sec.  5.  Each  of  the  city  justices,  while  acting  as  judge 
of  said  police  court,  shall  have  jurisdiction  to  issue  war- 
rants of  arrest,  search  warrants,  subpoenas,  and  all  other 
processes  necessary  to  the  full  and  proper  exercise  of  the 
powers  and  jurisdiction  of  said  court;  to  punish  persons 
guilty  of  contempt  of  said  court;  to  try  all  charges  of  mis- 
demeanor offenses  committed  within  its  jurisdiction,  as  well 
as  all  charges  for  violation  of  city  ordinances,  and  render 
judgment  therein,  with  full  power  to  carry  such  judgment 
into  execution. 

Sec.  6.  Said  police  court  shall  have  a  clerk  for  each 
of  the  judges  of  said  court,  who  shall  be  appointed  by  the 
judge  of  the  said  court  presiding  in  the  department  thereof 
in   which    the   said   clerk   is   to   act,   which   said   clerks   shall 


5§  '•  8 


POLICE    C" 


hold  office  for  the  ti  rm  of  two  years  from  the  fate  ot  ap- 
pointment. Each  of  said  el<  rks  shall  give  B  bond  in  the 
r  ti  in  of  fiv>'  thousand  dollars,  with  at  -.  to 

approved  by  the  mayor  of  Baid  city,  i ditioned  for  the 

faithful  discharge  of  the  duties  of  bit  Each  of  said 

i-l<  rks  shall  r»  i    lary  of  ad  eighl 

hundred  dollars  a  year,  payable  in  equal  monthly  install- 
ment -  f  said  city,  which  salary  shall 
be  tin  full  compensation  for  all  services  rendered  by  him. 
Eacl  -  ii'l  clerks  shall  keep  a  record  of  the  proceed 
of,  anil  issui'  all  processes  ordered  by,  the  city  .jus- 
,,r  either   of   thorn,  or  by   sai.l    police   court,   and   re- 

■  !    pay    into    the    ci-  i    bj 

render  •  th  to  the  eity 

council    an    exacl    and    detailed   account    under   oath    of   all 

an  I     of    all     tint  s     imposed     an.' 

dlected    sin.'.-    their  ihalJ     pr< 

bono1  bail  when  tin   amount  ithex 

of   said    justices    or   by   said    poli  irt,  lee  no  1 

ing  on.    hundred  dollars,  and   may  administer  and   cer- 
tify -         II  remain  at   t he  eourt-roon  - 

said    court    during    the    busil  ra    and    .luring    surh 

for  a   pi 
performance  of  their  duties  iving  any  monthly 

payment  of  salary  each  of  said  .hrks  shall  make  an.l  tile 
with  auditor   an    affidavit    that    he   his 

with  tin  city  treasurer  all  moneys  that  have  come  into  his 
han.ls.    b(  ty.      Any    violation    of    this    pro- 

\  isioii  shall  be  a  misdemeanor. 

i   shall    hnve    one    prosecuting   at- 
torn- v  each    who  -!  ,n  b     appointed  by  the  district  attorney 
•  unty   in    which   thi  ted,   and    who   shall 

hold  office  for  the  tern  in  from  the  date  of  their 

ititm.  nt.     Sai.l    pn  ittornei     shall    receive    an 

annu  thousand   (2,000)   dollars    and  said  as 

annual  salary  of  one  thou- 
I    five    hundred  whieh   shall    be    paid    in 

equal  monthly  installments  out  of  tin  treasury  of  Baid  city, 
whii  II  be  in  full  c  on   for  aJ 

rendered  by  them.  It  shall  be  the  duty  of  sai.l  prosecuting 
attorney  and  a  uting  attorney  to  i 

court  and   conduct  I    tin 

;,.  ;,il  pro  -  f  which  said  court 

u.      (Am'.l    1W5,  GIT.) 
All   fines   and   other   mone;  ted   on   behalf 

of   th.    city   In   th<  shall   1"    paid   into  the 

S    ry   on   th.    first   T;  each  month. 


1003  POLICE    COURTS.  Act  2742,  §  §  9-15 

Sec.  9.  The  city  council  shall  furnish  suitable  rooms  for 
the  holding  of  said  police  court  and  shall  also  furnish  the 
necessary  dockets,  blanks,  stationery,  and  supplies  for  the 
carrying  on  of  the  business  of  said  courts.  One  docket  shall 
be  styled  "The  City  Criminal  Docket,"  in  which  all  the 
criminal  business  of  said  court  shall  be  recorded,  and  each 
case  shall  be  alphabetically  indexed.  Another  docket  shall 
be  styled  "The  City  Civil  Docket,"  and  it  shall  contain 
each  and  every  civil  case  in  which  the  city  is  a  party,  or 
which  is  prosecuted  or  defended  for  her  interest;  and  each 
case  shall  be  properly  indexed. 

Sec.  10.  The  police  court  shall  be  always  open,  except 
upon  non-judicial  days,  and  then  for  such  purposes  only 
as  by  law  permitted  or  required  of  other  courts  of  this 
state. 

Sec.  11.  Appeals  may  be  taken  from  any  judgment  of 
said  police  court  to  the  superior  court  of  the  county  in 
which 'such  city  may  be  located,  in  the  same  manner  in 
which  appeals  are  taken  from  the  justices'  courts  in  like 
cases. 

Sec.  12.  In  all  cases  of  imprisonment  of  persons  con- 
victed in  said  police  court  of  any  offense  committed  in  the 
city,  the  person  so  to  be  imprisoned,  or  by  ordinance  re- 
quired to  labor,  shall  be  imprisoned  in  the  city  jail,  or,  it 
required  to  labor,  shall  labor  in  the  city. 

Sec.  13.  Said  courts  shall  have  a  seal,  to  be  furnished  by 
the  city. 

Sec.  14.  The  city  justices  shall  on  the  first  Tuesday  of 
each  month  make  to  the  city  council  a  full  and  complete 
report  of  all  the  cases,  civil  and  criminal,  in  which  the  city 
has  an  interest,  or  which  are  required  to  be  entered  in  the 
city  civil  docket  or  the  city  criminal  docket,  such  report 
to  be  made  upon  blanks  furnished  by  the  city  council  and 
in  such  form  as  they  may  require. 

Sec.  15.  Certified  transcripts  of  the  dockets  or  files  of 
said  court,  certified  by  the  clerk  of  said  court  under  the 
seal  of  said  court,  shall  be  evidence  in  any  court  of  this 
state  of  the  contents  of  said  docket  or  of  said  files,  as  the 
case  may  be;  and  all  warrants  and  other  process  issued 
out  of  said  court  and  all  acts  done  by  said  court  and  cer- 
tified under  its  seal,  shall  have  the  same  force  and  validity 
in  any  part  of  this  state  as  though  issued  or  done  by  an. 
court  of  record  of  this  state. 


AcU  2743.  nU.  |  1  POT'Ll  I(Y  1<XM 

•  ■.  K.  This  net  shall  take  «  fT<  ot  ami  J><  in  force  from 
and  .-if t .  r  the  thirtieth  day  of  March,  A.  U.  aim -teen  hun- 
iln-.l   :uicl  one. 

ACT    2743. 

An  act  to  provide  for  prosecuting  attorneys  of  police  courts 

in    cities  ol  I    class,    an.l    regulating    the    com 

pcnsatinn  of  such  officers. 

[A;. |  roi  83,  l'.'ul.     Bta  p.  m\.\ 

The  people  ol  difoi  -  1 1 : 1 1 . • 

ami    ISO)  inbly,   do    • 
tion     1.     The    police    court    in    all    citits    of    the    MCOnd 
■hall     ha\  .      a     J  r 
by    the    «listn  O    which    s.ii.l    city 

ill  bold  office  t'<>r  thi   period  of  tour  - 
ironi  the  ante  of  his  appointment.     11.    shall  n  an- 

nual salary  of  two  thousand  (2,000)  dollars,  payabli 
monthly  installUM  nLa,  out  ol  vhich 

J]  in    in  tull  compensation  tor  all  rendered 

by  him.     It  shall  be  the  a 

t.i  attend  the  iroeioni  of  said  court.  Inet  on  behalf 

of  the  people  all  proeeeatioaa  for  public  offenaee  of  which 
SOart  has  jurisdiction. 

B(  ,■.    l'.      All    other   acts    or    parts   of   acts   in    conflict 
\\  it!  ■  d. 

.-.    3.     This   act   shall    be    in   full  from 

and  after  its  passage. 


TITLE  373. 
POULTRY. 

ACT    2748. 

\n    aet     to    establish    a    poultry    experiment    station    in    the 
noma,  and  making  an  appropriation  then 
for. 

[Approved  March   18,  ;.    H3.J 

The  people  oi   thi    state  of  California,  repi 
and  eeeembly,  do  i  naet  as 
1.     There   is  hereb 
Sonoma,  at  or  mar  Ho    city  of  Pete  i   <  n 

•ion,  to  be  known  as  the  "California 
.  rimenl  Station. ' ' 


1005  POULTRY.  Act  2748,  §  §  2-7 

Sec.  2.  The  purposes  of  said  station  shall  be  the  study 
of  the  disease  of  poultry  to  ascertain  the  causes  of  such 
diseases,  and  to  recommend  treatment  for  the  prevention 
and  cure  of  the  same;  to  ascertain  the  relative  value  of 
poultry  foods  for  the  production  of  flesh,  fat,  eggs,  and 
feathers;  to  recommend  methods  of  sanitation,  and  to  con- 
duct investigations  for  the  purpose  of  securing  results 
conducive  to  the  promotion  of  the  poultry  interests  of  the 
state.  This  act  shall  be  liberally  constructed  to  the  end 
that  the  station  hereby  established  may  at  all  times  con- 
tribute to  the  technical  and  general  knowledge  of  the  pub- 
lic upon  the  subject  of  poultry  husbandry. 

Sec.  3.  The  said  station  shall  be  under  the  supervision 
of  the  director  of  the  agricultural  experiment  stations  of 
the  state  of  Calif orn in,  who  shall,  from  time  to  time,  cause 
to  be  issued  bulletins  of  information  regarding  the  care 
of  poultry. 

Sec.  4.  Within  thirty  days  after  the  passage  of  this  act 
the  .governor  shall  appoint  three  persons,  two  of  whom  shall 
be  from  the  staff  or  professors  in  the  agricultural  depart- 
ment of  the  University  of  California,  and  one  a  practical 
poultry  raiser,  which  said  persons  shall  constitute  a  board 
or  commission  to  select  and  secure  a  site  of  not  less  than 
five  acres  for  such  poultry  experiment  station.  Such  board 
shall  have  full  power  to  secure  such  site,  by  lease,  purchase, 
or  donation  thereof,  and  shall  proceed  to  the  performance  of 
the  duties  herein  imposed  within  thirty  days  after  receiving 
notice    of    their    appointment. 

Sec.  5.  All  moneys  appropriated  for  the  use  of  the  sta- 
tion hereby  established  shall  be  under  the  control  of  the 
regents   of   the    University   of   California. 

Sec.  6.  The  sum  of  five  thousand  dollars  is  hereby  ap- 
propriated out  of  any  money  in  the  state  treasury,  not 
otherwise  appropriated,  for  securing  the  necessary  site, 
and  for  equipping  and  maintaining  said  California  poultry 
experiment  station  as  provided  by  this  act.  Of  the  amount 
herein  appropriated,  the  sum  of  two  thousand  five  hun- 
dred dollars  shall  be  available  during  the  riscal  year  nine- 
teen hundred  three  and  nineteen  hundred  four,  and  two 
thousand  five  hundred  dollars  shall  be  available  during 
the  fiscal  year  nineteen  hundred  four  and  nineteen  hundred 
five. 

Sec.  7.  The  state  controller  is  hereby  authorized  to 
draw  his  warrants  for  the  sum  herein  appropriated  in  favor 


Acts  2753-2756 


■  •!.    OF    INDUSTRY. 


of    lli'     t-  ;. nts    of    the    I'nivi  rsity    of    Cali- 

i.  mid   the  state   I  ii   hereby   directed   to   pay 

Sec.  8.     This  act  shall  take  effect  immediately. 


TITLE  374. 
PBESTON  s«  HOOL  OF  ENDUSTBY. 

ACT  2753. 

T.>   establish    Uu     l'r.  I    of   industry,   and    to    pro- 

\  id,  ..  nt  inn!  maintenance  of  the  m 

[81  L] 

Am  38. 

In   full   In    AppandlS   to   Penal   Code.   p.   6S7. 
I  '^U.     138,    493;     138,    494;     139.    4«. 

ACT  2754. 

To  provide  for  the  purchase  of  additional  land  for.     [St.-its. 

■   p.    >--•] 

In    full    In    Pcn.il    Code.    Appendix,    p.    668. 

ACT  2755. 

•p,,  ins    from     coming    upon     tlo 

Wliittior    -  '1    Of    the    l'r. 

■oho*  -  ■"■.  !•.  '.»-.] 

In   full   In    Penal   Code.   Apj»'ndlx.   p.  6S8. 
Act   4409. 

ACT  2756. 

immitments  to  th<  ' 1  at   Whit 

the    l'r  •!    industry;    Using 

tlo    authority   t,>  examine  and   sommil    I  book 

wj;  ,  ,i,.r  courl  judges  of  tlo-  counties  and  ti\ 

•mu.  ,in    which    commitment*   aa 

!      t  h.      |.,   | 

mitt. a   therefrom;    providing   tlo    manner   "i    payment 
tin  reof  and  fixing  tlo  of  the 

from   which   their  children  are  comsi 

p.   '---J 

In    full    In    Appendix    to    PenaJ    Coda,    p.    6S6. 


100T  PRISONS.  Acts  2760-27W 

TITLE  375. 
PRISONS. 
ACT  2760. 

To   provide   lor   a   branch    state    prison   at   Folsom.      [Stats. 
1873-4,  p.  785.] 
This  act  appears  in  full   in   Penal   Code,   Appendix,    p.    705. 

ACT  2761. 

For    the    government    of    the    state    prison    convicts    and    to 

provide    for    the    location   of    a    branch    prison.     [Stats. 

1858,  p.  295.] 

ACT  2762. 

Regulating   and   governing   state   prison.      [Stats.    1875-6,   p. 

832.] 

Repealed    by    the   constitution    of    1879,    18S0,    67,    chap.    LXXI:    188a. 
404. 

ACT  2763. 

To  regulate  and  govern  the  state  prisons.      [Stats.   1889,   p. 

404.] 
Amended   1905,    520. 

The  amendment   of  1905   incorporates    §   1593,    Penal   Cade.     See   note 
to  §   1573,   Penal  Code  Supp. 

This  act  appears  in  full   in   Penal   Code,    1903,    Appendix,   p.   691. 
Cal.   Rep.    Cit.    145,   186;     145,    187;     145,    188;     145,   189. 

ACT  2764. 

Concerning  conveyances.     [Stats.  1862,  p.  496.] 

This   act    provided    for    the   acknowledgments   of   deeds    and    Instru- 
ments  by    prisoners.     Compare   sec.    675,    Penal   Code. 

ACT  2765. 

To  provide  for  the  erection  and  operation  of  rock-crushing 
plants  at  the  state  prisons,  for  the  preparation  of  high- 
way material  for  the  benefit  of  the  people  of  the  state 
and  providing  for  the  necessary  advances  and  appro- 
priation of  money  to  carry  out  said  work.  [Stats.  1895, 
p.  274.] 
This   act  appears   in    full   in   Penal   Code,    Appendix,    p.    710. 

ACT  2766. 

Authorizing  the  state  board  of  prison  directors  to  pur- 
chase California-grown  lump  to  be  used  in  the  manu- 
facture of  grain  bags,  and  to  fix  the  price  at  which  such 
bags   shall   be   sold.     [Stats.   1901,   p.   515.] 

This   act   appears    in   full    in    Penal   Code,    Appendix,    p.    716. 


Acts  2767-LT74 


PRISONS 


M& 


ACT  2767. 

Providing  for  furnishing  to  sheriffs  ami  chiefs  of  police 
of  certain  information,  descriptions  and  photographs 
of  convicts  : 1 1 . . •  u t  to  be  discharged  from  state  prison. 
[Stats.   1S97,  p.  213.] 

ACT  2768. 

Providing    for    thfl    confinement    of    prisoners    of    the    United 
1      [Stats.   1850,  p.  £9.] 
Supplemented    !  •      i       <      -    ;    -  ■■■'.- 1    l.v    ivnal    Code,    sec.    1581. 

ACT   2769. 

'I'o    provide    for    the    erection    a'  prison    of    a 

bnilding    for    the     accommodation     of     the     insane     pris- 
ts   ar.|    making     an     appropriation    therefor.       [81 
p.    519.] 

ACT   2770. 

To    provide    f'T    the    erection    at    San    Qncntin    of    a   buii 
to  accommodate  insane  prisoners.      [8  .».  p.  419. J 

.     1893.     148. 

ACT  277,1. 

To    provide    for    the    construction    of    a    sewer-  n    at 

the    state    prison    at    Folsom.      [S  29.] 

ACT  2772. 

To  regulate  and  govern  the  operation  of  the  rock-crushing 
plant  at  the  Folsom  b(  for  tin- 
sale  of  crushed   ro     -   and  the  disposition   of  the   revenu- s 

derived  therefrom.     [Stats,  1897,  p.  99.] 

This  act   appears   'n    fu"    ln    P'-nal    Code.    Appendix,    p.    713. 
ACT  2773. 

Directing    the    state    prison    directors    of    the    state    of    Call 
fornia    to   employ   at    1  i  -.to  r*    in    tlo 

Btrnetion  of  roads  to  the  b1  - 

and     at     Folsom.      ^Approved     March     lL'.     190ft. 
1903,  p.   127.] 
This  act   can   be   found   ln   the   Appendix   to  the   Penal   Code,    p.    |U 

ACT  2774. 

Directing     the     state     prison     directors     to     employ     at     |< 

twenty    prisoners    in    the    constrncti  to  the 

state  prison  at   Ban   Qu<  ntin.       =  393,  p.  Ml.] 

Probably    superseded    by    the    act    of  I    Ml    -":. 


1009  PRISONS.  Act  2775,  §  §  1.  2 

ACT  2775. 

An  act  creating  the  office  of  matron  of  the  jail  or  prison 
in  and  for  cities  and  towns  of  the  first,  first  and  one- 
half,  second,  and  third  classes,  wherein  official  matrons 
or  their  duties  arc  not  now  provided  for  by  law,  de- 
fining the  duties  and  powers  and  fixing  tne  term  of  of- 
fice and  compensation  of,  and  providing  for  the  ap- 
pointment of,  and  the  giving  of  official  bond  by,  such 
matron. 

[Approved  March  23,  1901.     Stats.  1901,  573.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Public  welfare  and  present  necessity  in  the 
several  cities  and  towns  in  this  state  of  the  first,  first  and 
one  half,  second,  and  third  classes,  requiring  that  in  such 
cities  and  towns  there  should  be  an  official  matron  of  the 
city  or  town  jail  or  prison  therein,  the  office  of  matron  of  the 
city  or  town  jail  or  prison  is  hereby  created  in  and  for 
those  several  cities  and  towns  in  this  state  of  the  first,  first 
and  one  half,  second,  and  third  classes,  and  concerning  which 
there  is  now  no  provision  of  law  for  the  office  of,  or  pre- 
scribing the  duties  of,  matron  of  the  jail  or  prison  of  such 
city  or  town:  and  the  duties  and  powers  of  such  matron  in 
such  cases  shall  be  as  follows :  She  shall  have  free  access  at 
all  reasonable  times  to  the  immediate  presence  of  all  female 
prisoners  in  the  jail  or  prison  of  which  she  is  the  official  ma- 
tron, including  the  right  of  personal  visitation  and  conversa- 
tion with  them;  and,  in  all  cases  of  searching  the  person  of 
female  prisoners  therein,  such  matron  exclusively  shall  make 
such  search;  and  the  matron  shall,  by  example,  advice  and 
admonition  employ  her  best  abilities  at  all  times  to  secure  and 
promote  the  health,  welfare  and  reformation  of  all  such 
prisoners.  The  term  of  office  of  such  matron  shall  be  two 
years  from  her  appointment  and  qualification  and  until  her 
sueeessor  is  appointed  and  qualified. 

Sec.  2.  The  legislative  board  or  body  of  each  such  city  or 
town,  referred  to  in  section  one  of  this  act,  is  hereby  au- 
thorized and  empowered  to  appoint,  and  to  provide  for  the 
payment  of  the  compensation  of,  a  matron  of  the  jail  or 
prison  in  and  for  the  city  or  town  of  which  such  board  or 
body  is  the  governing  board  or  body,  and  to  specify  the  con- 
ditions and  fix  the  amount  of  the  matron's  official  bond,  to 
be  approved  by  such  board  or  body. 
Gen.  Laws — 64 


Bee.   ?>.     The   con  i  atrons,   heTet>y   regn- 

in   proportion   to   the   duties  to  1"-  discharged,  shall   be 
In    ;iih|  eg    of    the 

first  r    month;    in    ami    for 

,  ■  ■<!  of  the  teeofid  class, 
five   dollars   per   month;    in   and    for  -  <   of   the 

third  cla^s.  fifty  dollars  per  month. 

i.     To  further  the  carrying  rati    i  of  the1  author- 

ity hereii  I  and  in  furtherance  of  the  discharge  of 

-.    ii     is    hi 
■'.  deputy,  poli  ble,  jailer,  keeper,  guard  >>r 

trol  of  the  jail  <>r  prison  pf  any 
Bucfa  city  i ed  to  in  shall 

le   the  matron,  duly   appointed   and  qualified   hereunder, 
times  tn  the  immi 
of  all   female  prisoners  therein,  inelud  ghl   of  visita- 

tion  and  ion  a  'tli  them,  <>r  i-  prison  al- 

low the  searching  of  thi  i  female  pris* 

to  be  mi  ■   ■   of  sueh  jail  or  pi 

■  >r  obstruel    the   perforn  matron   of   her  official 

duties  in  suidi   jail  <>r  prisoi  duties  m*y  be  specified 

r   tin'  authority  i  »v. 

All    acts    and  parts    of    acts    inconsistent    with    this 
i  .-.•  hereby  rei><  aled. 

This  act  shall  take  effect  immediately. 

ACT   2776. 

An  act   to  establish  a   state   hospital   for  the  care,  CUStod] 
•  nee  of   ii  ertain  other   i i 

_'  d   \\  ith   tin-  co mm 
Folsom,  California,   and   to   provide   for  tin    govt  rnm<  nt 
and  management  tin  r>  ot.  and  to  direct  the  expenditure  of 
money   heretofore  appi  tied  "An 

act   to  provide    for   |  -on   of 

a  building  for  the   accommodation    of    it. 

and  making  an  appropriation  therefor,"  approved    W 

L'''>.    1903,  and   declaring  that    the  satm'  ma  :   and 

led    for   the   purposes   of   this   act,   and    making   an 

additional   appropriation   vt    fifteen   thousand   dollan 

certain        iniprovom.  nrs.      [Approved        March 
p.   I"-*!'.] 

ACT    2777. 

An  act   making  an  appropriation   for  the  and    ooa* 

.struct  ion   ot'  additional  cells  at    the  State   prison    i 
the   erection   of   a    wall  I        ..   the   put 


1011  PRIZE-FIGHTING— PROCESS.  Acts  2778-2791 

of  necessary  cemont,  derricks  and  tools  and  other  ex- 
penses incidental  and  relating  to  the  purposes  in  this  act 
mentioned.  [Approved  March  18,  1905.  Stats.  1905,  p. 
178.J 

ACT    2778. 

An  act  making  an  appropriation  for  the  erection  and  construc- 
tion of  additional  cells  at  the  state  prison  at  San  Quen- 
tin,  for  the  purchase  of  powder,  tools  and  appliances  for 
excavating,  the  erection  of  machine  shops,  the  installa- 
tion of  a  new  pipe  line,  the  construction  of  irorj  tanks, 
the  erection  and  extension  of  a  wall  around  said  prison, 
the  purchase  of  electrical  apparatus,  and  providing  ad- 
ditional accommodations  for  prisoners  at  the  state  pris- 
on at  San  Quentin  and  for  other  expenses  incidental  and 
relating  thereto.  [Approved  March  18,  1905.  Stata. 
1905,  p.  203.] 

TITLE  376. 
PRIZE-FIGHTING. 
ACT  2780. 

To  prohibit   prize-fighting.     [Stats.   1893,   p.   101.] 
Superseded   by   Penal    Code,    sec.   412,    as   amended   1899,    153. 


TITLE  377. 
PEOBATE   COURTS. 
ACT    2785. 

In  relation  to  probate  sales.      [Stats.  1865-6,  p.  824.] 
This  act  ratified  void  sales  of  real  estate.    It  was  declared  uncon- 
stitutional in  Pryor  v.   Downey,   50  Cal.   3S8. 


TITLE  378. 

PROCESS. 
ACT  2790. 

Execution    of    final  process   in   new   counties.     [Stats.   1873-4, 
p.   365.] 
This    act    appears    in    full    In    Code    of    Civil    Procedure,    Appendix, 
p.  780. 

ACT   2791. 

To  declare  valid  writs,  processes,  and  certificates  issued  by  the 
superior  courts  and   the  clerks  thereof,  before  the  courts 


Acta  2796-2SH     PB  WON     I'ISTRICTS.  1011 

had  been   legallv    provided    with   seals.      [Stats.   1880,  p. 
19.] 

This  act   appears  In   full   In   Code   of  Civil    Procedure,    Appendix,   p. 
T8L 


TITLE  379. 
PROSTITUTION. 
ACT    2796. 

To  prevent  the  placing,  keeping,  or  leaving  of  married  women 
in  houses  of  prostitution.     [Stats.   1^01.   p.  885.] 

Aod    by   amendment    of    Penal    Code.    1906.     See   note   to    {    26«B. 
Penal   I 

This  act  app>ar«   In   full   In   the  Penal  Code,   Appendix,   p.   164. 
Pal.    Rep.    Clt.     1 

ACT    2797. 

To  prevent  compulsory  prostitution  of  women,  and  the  Im- 
portation of  Chinese  or  Japanese  women  for  immoral  pur- 
post  B  and  to  provide  penalties  therefor.  [Stats.  1 S93, 
p.  817.] 

Codified   by    amendments   of   Penal    Code.    1905.     See   note   to    8    2W*. 
Penal  Code. 

This  act  appears  In  full   In  the  Penal  Code,  Appendix,   p.   SU. 


TITLE  380. 
PROTECTION    DISTRICTS. 
ACT   2802. 

To  protect  lands  not   recognized  as  swamp   landB,   from   over- 
flow.     [Stats.  1880,  p.  55.] 

Amended    1889. 

"Unconstitutional  'n  some  respects.  (Huteon  v.  Protection  res- 
trict. P  bably  superseded  by  1895,  247. "  — Co-.le  Commission- 
ers'   Note. 

This  act  provided   for  the  formation  of  protection   districts. 

ACT    2803. 

Providing  for  the  dissolution  and  annulment  of  swamp  and 
overflowed  land  reclamation  and  protection  districts  for 
non-user   of  corporate   powers.      [Stats.    1S99,   p.    13.] 

ACT   2804. 

An  act  to  provide  for  the  formation  of  protection  ilistriets 
in  the  various  counties  of  this  staff,  for  the  improvement 
and    rectification    of    the   channels    of    innavigable   streams 


1013  PROTECTION    DISTRICTS.  Act  2804,  §§  1-3 

and  water-courses,  for  the  prevention  of  the  overflow 
thereof,  by  widening,  deepening,  and  straightening  and 
otherwise  improving  the  same,  and  to  authorize  the  boards 
of  supervisors  to  levy  and  collect  assessments  from  the 
property  benefited  to  pay  the  expenses  of  the  same. 
[Approved  March  27,  1895.     Stats.  1895,  p.  247.] 

Amended   1897,    219;     1903,    328. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  the  board  of  supervisors  of  any 
county  in  this  state  may  deem  it  proper  to  improve  and 
rectify  the  channel  of  any  innavigable  stream  or  water- 
course within  the  county,  and  to  prevent  the  overflow  of 
such  stream  by  widening,  deepening,  or  straightening  its 
course,  or  by  erecting  levees  or  dikes  upon  its  banks,  the 
board  may,  upon  a  petition  of  ten  property  holders  of  the 
district  to  be  affected  by  such  improvements,  pass  a  reso- 
lution signifying  its  intention  to  improve  such  innavigable 
stream  or  watercourse,  describing  the  exterior  boundaries 
of  the  district  of  lands  to  be  affected  or  benefited  by  such 
work  or  improvement,  and  to  be  assessed  to  pay  the  dam- 
ages, cost,  and  expenses  thereof,  the  character  of  work 
or  improvement  contemplated,  and  the  place  where  the  pro- 
posed work  or  improvement  is  to  be  done.  Such  resolution 
shall  also  contain  a  notice,  to  be  published,  which  notice 
shall  be  headed  "Notice  of  intention  of  the  board  of  super- 
visors to  form  a  protection  district,"  and  shall  state  the 
fact  of  the  passage  of  such  resolution,  with  the  date  there- 
of, and  briefly,  the  work  or  improvement  proposed,  and  the 
statement  that  it  is  proposed  to  assess  all  property  affected 
or  benefited  by  such  improvement  for  the  expenses  there- 
of, and  refer  to  the  resolution  for  further  particulars. 
Such  notice  to  be  given  by  the  board  of  supervisors,  and 
signed    by   its    clerk. 

Sec.  2.  Such  notice  shall  be  published  for  a  period  of 
thirty  days,  in  one  daily  newspaper  published  and  cir- 
culated in  such  county,  and  designated  by  said  board  of 
supervisors;  or  if  there  is  no  daily  newspaper  so  published 
and  circulated  in  said  county,  then  by  four  successive  in- 
sertions in  a  weekly  or  semi-weekly  newspaper  so  published, 
circulated,  and  designated. 

Sec.  3.  Any  person  interested,  objecting  to  such  work 
or  improvement,  or  to  the  extent  of  the  district  of  lands 
to  be   affected   or   benefited   by   such   work  or  improvement, 


Act  2SM,  §§  4.  5  PROTECTION     DISTRICTS.  toll 

and  to  1.  I   to  pay   the  costs  and  expenses  thereof, 

may    make    written    objections   to    the    sann1    within    tin    days 
after    the    expiration    of    the    time    of    the    publication    of   said 

notice,  which   objection   shall   be  delivered   to  the  clerk   of 

said    board    of    BU]  who    shall    indorse    thereon     the 

•  late  of   ;-  v  hiii).  ami  at    the  next   regular  meet- 

ing of  such  t>< i.i r«l  of  supervisors,  or  at   an  adjourned  meel 
ing,   or   a    sp,  rial    meeting   called    for    that    purpose,    after 

the    <xeiratii.il    of    sai.l    ten    days,    lay    BUCh    Objections    lief, ire 

said  board  of  supervisors,  which  shall  fix  a  time  for  hear- 
ing  said    objection,   not    less   than    fifteen    clavs   th  reafter, 

an. I    dired    its   clerk    to   notify   each    )•■  (mil:   of   such 

.lav  fixi.l  for  hearing,  by  depositing  a  notice  thereof  in  the 

pOStofBce    at     the    county    seat    ..f    BUCh    county.  pre- 

paid,   a. Lin  SB'  .1    to    BUCh    |"  r  which    sai.l    n< 

shall  be  deposited   in   the  postoffiee  not   less  than   t.  n  d  ^ys 
re  the  day  sel  for  hearing. 

I.  At  tlio  time  Specified  or  to  which  the  hearing 
may  he  adjourned,  the  board  of  supervisors  shall  hear 
the  objections  urged  and  pass  upon  the  same.  Such  board 
may,  in  its  discrt  tion,  sustain,  in  WQOle  or  in  part,  any  or 
all  of  the  objections  made  and  filed,  and  may  ehang'  or 
alter     the     boundaries     of    such     district     to    conform     to     fhe 

the  district,  and  may.  in  th-  ir  discretion,  declare 
such  protection  district  formed  as  a  subdivision  of  such 
county,  and  shall  designate    such    distriel    by  nam.'  as  the 

protection  district   of  county,  and   thereafter 

the     board      of     sup.  rvisors     shall      lie     deemed    to    hav. 

trail   d   jurisdiction    to   purchase    or   receive   by   donation,   in 
the   anmi  district,    any    real    or    personal    property 

rlv  carry  out  the  purposes  of  the  forma 

tion    of    such    district,    under    the    same    ruh  s    |  th. 

purchase    of    property    in    the    name    of    the    county;    but     no 
district    shall    be    forme. 1    wherein    a    majority    of    th.'    prop 

erty-holders  within  its  limits  a  writing  against  men 

action. 

o.  The  board  of  supervisors  of  such  county  shall 
also  have  power  to  condemn  land  for  the  purpose  of  widen- 
ing, deepening  and  straightening  any  innavigable  stream 
Bowing    through    sueh    protection  r    fbrmii 

b.    .n.lary,   or  any   part    of   a    boundary    thereof,   and    for   that 
purpose  all   the  provisions  of  part   three,  title  •    the 

Code  of  civil  Procedure  are  berebj    m  .1.    applicable  to  th. 
.  x.  r.ise  of  the    right    of    eminent    domain    for    such    pur 


1015  PROTECTION    DISTRICTS.  Act  2804,  §  a 

poses,  or  to  any  other  purpose  necessary  to  the  needs 
of  such  district  when  formed;  provided,  that  nothing  in 
this  act  shall  be  construed  as  interfering,  conflicting  or 
abrogating  reclamation  districts  now  established  by  law. 
Wnenever  such  innavigable  stream  or  watercourse  forms, 
or  the  portion  thereof  deemed  proper  or  necessary  to  be 
improved  and  rectified  by  widening,  deepening  or  straight- 
ening its  course,  or  by  erecting  levees  or  dikes  upon  its 
bank,  forms  the  boundary  line  between  any  two  or  more 
Cjunties  in  this  state,  the  petition  shall  first  be  presented 
to  the  board  of  supervisors  of  the  county  in  which  the 
greatest  portion  of  lands  within  the  proposed  distriet  ate 
situated,  signed  by  at  least  twenty  of  the  property  holders 
of  the  district,  ten  (10)  from  each  of  the  counties  to  be 
affected,  which  petition  shall  set  forth  and  particularly 
describe  the  proposed  boundaries  of  such  district  and  the 
other  matters  required  by  section  one  of  the  act  of  which 
this  act  is  amendatory,  and  shall  pray  for  a  district  to  be 
organized  under  said  act;  and  when  the  board  of  super- 
visors of  any  one  of  said  counties  has  acquired  jurisdiction, 
as  provided  in  section  four  of  the  act  of  which  this  act 
is  amendatory,  the  board  of  supervisors  of  each  of  the 
other  counties,  when  notified,  shall  proceed  to  improve 
and  rectif3r  the  channel  of  said  stream  or  watercourse, 
so  as  to  prevent  the  overflow  of  such  stream .  or  water- 
course, and  in  accordance  with  the  terms  of  said  act  of 
which  this  act  is  amendatory.  And  if,  after  notice,  given 
in  writing  by  the  board  of  supervisors  of  the  county  so 
first  acquiring  jurisdiction  to  the  board  of  supervisors  of 
said  other  counties,  either  or  any  county  so  notified  shall 
fail  for  sixty  days  to  proceed  to  take  all  necessary  steps 
under  said  act  for  the  prevention  of  the  overflgw  of  such 
stream,  by  widening,  deepening  or  straightening  its  course, 
or  by  erecting  levees  or  dikes  upon  its  banks,  the  board  of 
supervisors  having  obtainerl  jurisdiction  as  above  provided, 
and  giving  such  notice  shall  proceed  under  the  terms  of 
said  act  to  improve  and  rectify  the  channel  of  such  stream 
or  watercourse,  by  widening;  deepening,  or  straightening 
its  course,  or  by  erecting  levees  or  dikes  upon  its  banks, 
and  collect  by  law,  from  the  county  or  counties  so  notified, 
its  proportion  of  the  costs  and  expenses  of  said  improve- 
ment, which  shall  not  exceed  in  the  case  of  any  county 
one-quarter  of  the  total  cost  thereof;  provided,  said  amount 
shall  not  exceed  in  any  case  for  any  one  county  the  sum 
of    twenty-five    hundred    dollars.      Nothing    herein    shall    au- 


Act  280*  { i  6.  7  PROTECTION     DISTRICTS.  WIS 

thorizc  the  alteration  of  the  boundary  linos  of  any  county, 
and  said  boundary  lines  shall  remain  as  they  are  at  pres- 
ent. Thereafter  all  costs  i  f  I  \.  ry  nature  that  may  be 
incurred  or  made  necessary  in  the  keeping  op  or  pr,  serra- 
tion of  any  work  or  improvement  done  u n <i«  r  the  provisions 
of  this  section  shall  be  borne  by  the  counties  alTeeted  by 
such  work  or  improvement,  and  tin-  lands  within  said  dis- 
trict in  the  proportion  provided  in  section  10  of  this  act. 
[Amendment  approve,]  March  80,  1903.  Stats.  1906,  p.  32>v 
In  effect  immediately.] 

Sec.  6.     Saving  acquired  juris  rovided  in  sec- 

tion four  hereof,  tin  board  of  supervisors  shall  cause  a  sur- 
vey of  said  contemplatid  Improvement  t.i  be  made,  or  adopt 
a  survey  already  made;  and  a  map  of  the  survey  must  be 

adopted  by  such  board,  and    thereafter  such   survey   and    map 
shall   be    the   plans    to    1>.     followed    in    making   such    impr 
ments;    provided.,    that    at     any    time    after    the    adoption    of 
such  ind  map.  and  before  an]  -port 

of  thi  assessment  of  1>>  si  tits  ami  award  of  damages  has 
been  finally  adopted  and  confirmed  by  the  board  <>f  super- 
visors a-  provided  for  by  section  sixteen  of  this  »ct,  said 
board  of  supervisors  may  res. -ind  their  action  in  adopting 
such  survey  and  map.  and   may  adopt  others  in   id  ice  thereof, 

or,  by  the  affirmative  \"t.  of  not  less  than  four-fifths  of 
all  its  members,  said  board  may  abandon  its  contemplated 

improvement  and  disorganize  and  abolish  such  protection 
district,  in  which  case  the  preliminary  expenses  already  in- 
curred for  advertising  and  surveying  shall  be  a  county 
charge.  [Amendment  approved  March  27,  1  ^;»7.  Stats. 
1897,  p.  210.     In  eft  eel  Immediately.] 

Sec.  7.  After  adopting  such  survey,  the  board  of  super 
visors  shall  appoint  three  COmmis  kmera  to  assess  benefits 
and  damages,  to  estimate  the  total  cost  of  making  the 
proposed  improvements  and  performing  such  propose  1 
work,  which  estimate  shall  include  all  ■ 
kind    incurred    or    to    be    Incurred,    either    directly,  or    imli- 

r   Otly,     in    carrying    out     the    said     work     and     impr 

Before   entering   upon    the   discharge   of   t b-  ir   duties   as  such 

oommisaioners,  aall    each    take    ami    subscribe   to   an 

oath  to  perform  tie  duties  of  such  commission  to  the  best 
of  their  abilities,  and  shall  each  He,  with  the  clerk  of  the 
board  of  supervisors,  a  bond  to  the  stat,  ,,t  California,  in 
the  sum  of  three  thousand  dollars,  to  faithfully  perform 
the    duties    of    his    offli  S    Commissioner     which    said 


1017  PROTECTION    DISTRICTS.  Act  2804,  §§  8-10 

bond  must  be  approved  by  the  chairman  of  the  board  of 
supervisors.  The  board  of  supervisors  may,  at  any  time, 
remove  any  or  all  of  said  commissioners  for  cause,  upon 
reasonable  notice  and  hearing,  and  may  fill  any  vacancies 
occurring  among  them  from  any  cause. 

Sec.  8.  The  commissioners  shall  have  all  powers  neces- 
sary and  proper  to  carry  out  the  provisions  of  this  act, 
and  the  act  of  a  majority  shall  be  the  act  of  the  board. 

See.  9.  All  such  charges  and  expenses  shall  be  deemed 
as  expenses  of  said  work  or  improvement,  and  be  a  charge 
only  upon  the  funds  devoted  to  the  particular  work  or  im- 
provement as  provided  hereafter.  All  claims,  as  well  for 
the  land  and  improvements  taken  or  damaged  as  for  the 
charges  and  expenses,  shall  be  paid  as  are  other  claims 
against  the  county  and  upon  order  of  the  board  of  super- 
visors, and  the  claims  shall  be  itemized  in  the  same  man- 
ner   as    are    other    claims    against    the    county. 

Sec.  10.  Said  commissioners  shall  proceed  to  view  the 
lands  embraced  within  the  boundaries  of  such  protection 
district,  and  may  examine  witnesses  under  oath,  to  be  ad- 
ministered by  any  one  of  them.  Having  viewed  the  land 
to  be  taken,  and  the  improvements  affected,  and  considered 
the  testimony  presented,  they  shall  proceed  with  all  dili- 
gence to  determine  the  value  of  the  land  and  damage  to 
improvements  and  property  affected  and  also  the  estimate 
amount  of  the  costs  of  the  proposed  work  or  improvement 
and  the  expenses  incident  thereto,  and  having  determined 
the  same,  shall  proceed  to  assess  the  same  to  the  county 
or  counties  and  upon  the  lands  embraced  within  the  ex- 
terior bouiidaries  of  such  protection  district.  Such  assess- 
ment shall  be  made  in  the  manner  following,  to  wit:  The 
board  of  supervisors  shall  assess  to  the  county  or  counties 
1,1.0-c  more  than  one  as  [is]  an  interested  and  benefited 
party  or  parties  not  exceeding  one-half  of  such  assessment; 
provided,  that  in  no  case  shall  a  county  be  liable  for  an 
amount  in  excess  of  one-fourth  thereof  or  for  any  sum 
greater  than  twenty-five  hundred  dollars  where  there  are 
two  or  more  counties  within  which  said  district  is  formed, 
and  the  remainder  of  such  assessment  may  be  made  upon 
the  lands  within  said  district  in  proportion  to  the  benefits 
to  be  derived  from  said  work  or  improvement,  so  far  as 
said  commission  can  reasonably  estimate  the  same,  in- 
cluding in  such  estimate  the  property  of  any  raidroad  com- 
pany,  within   said    district,   if   such   there   be.     [Amendment 


Act  2804.  5?   I 

approved    Mar.h    BO,    1908.     State.    L903,    p>   l$9.     In   «■:'. 

imrnr  ilijiti  lv.  ] 

lid   eommit  tarring   mads    their   mm 

mint     ol    benefits    and    dan  II,    with    all    diligence, 

make  a  written  report  thereof  tn  th 

ami  shall  accompany  their  r«  ]><>rt  with  .  riet, 

■bowing   the   land    taken   oj  Mm-    wort 

improvemi  at ;    ami    the    lai  i  I  be    n  la 

tive   location   "t    each   district,   block,   l<>t.   or   portion   <>f  lot 
or  "fin  r  land,   and   in  dlm< 

-    can    reasonably  the    -am..     I 

block  and  Int.  «>r  portion  of  i"t,  or  other  pared  or  pai 
Hi"   land  itcd    and    d< 

i>l    plat    by    an    appropriate    number,    and     . 

•  by  such  descriptive   number  shall   i 

•  ion    of  it     in    all    i  ■  port 
and  plat  arc  approved  by  tin    board  of  supen 

hi   plat    (appropriately  rl  ifled  brj 

the    plat    mi    ii!' 
in  his  by   t  he  clerk 

in   t . 
tin  tin     tin'     names    of 

iwning  lands  taken,  or  tn  l"-  tak  ich  work 

or  improvement;   tin-    nam.-   of   'in1   land   owners   who 
dent    tn    give    the    ri^'h;  ,r    written 

thereto;    the    name*   of    Ian. I    ..wn.rs    who    >1"  lent, 

an. I    tlir    am. mnt    .it"    damage    .lain.. . i    by   each,   and    the 
amount   "t   da       g  rarded   t..  each  by   I  tiers. 

:    report    shall  acta   Int.   - 

or    |  property    takes    at    injured    by    the    widening, 

deepening,    <>r     straight  enint:  ream, 

ther    Improvement    made    ..r    wnrk     done,    at 
therefor,  together  with  tin-  nam<   of  the  owner  or  elaira 

thrr.  ,,t"    ,.r    .■)  ■;    th.  rein  -.    im-uni 

l>ran.-<  r-.    01     Ot  h<  I  WH      l.m.wn     t.. 

thi    ...in'  ■ -.    :tn<l    the    particulars    "f    tlnir    int.  - 

so   far   as    tin    same   can    I  i    the   am 

ralne   or  damages  or   t h«-   amount 
may  be. 

s.  c.    13.     If  in  ai  i     that 

.    be    in    ig 
or  dnulit  as  to  tin   ownership  of  any  piece  of  It 
Improvement    thereon,  or   of  ai  in   such    land 

Improvemi  at,    it    Bhall     be  nn 

known  ownen  -  In  tin    designation  .>f  tho  ,iur, 


1019  PROTECTION     DISTRICTS.  Act  2804,   §§  14,  15 

owners  of  any  land  or  improvement,  or  of  the  particulars 
of  the^r  interests,  shall  not  affect  the  validity  of  the  assess- 
ment, or  of  any  condemnation  of  the  property  to  be  taken. 

Sec.  14.  The  commissioners  shall  receive  for  their 
services  such  compensation  as  the  board  of  supervisors 
may  determine  from  time  to  time;  provided,  that  the  com- 
pensation shall  not  exceed  the  sum  of  one  hundred  dollars 
per  month  each,  nor  continue  for  more  than  six  months, 
unless  the  board  of  supervisors  shall,  by  orde*.  extend 
such  time.  The  compensation  of  the  commissioners  shall 
be  considered  as  an  expense  of  the  work  or  improvement, 
and  shall  be  chargeable  and  payable  as  are  other  expenses 
thereof. 

Sec.  15.  The  report  of  such  commissioners,  and  the 
plat  accompanying  it,  shall  be  filed  with  the  clerk  of  the 
board  of  supervisors,  and  thereupon  the  said  clerk  shall 
give  notice  of  such  filing  by  publication  for  at  least  ten 
days,  in  one  daily  newspaper,  published  and  circulated  in 
said  county;  or  if  there  be  no  daily  paper,  by  three  suc- 
cessive insertions  in  a  weekly  or  semi-weekly  newspaper 
so  published  and  circulated.  Said  notice  shall  require  all 
persons  interested  to  show  cause,  if  any  they  have,  why 
such  report  should  not  be  adopted  and  confirmed  by  the 
board  of  supervisors  on  or  before  a  day  fixed  by  the  clerk 
thereof,  and  stated  in  said  notice;  which  day  shall  not  bo 
less  than  thirty  days  from  the  last  publication  thereof. 
Such  notice  shall  be  substantially  in  the  following  form: 

Notice  of  the  filing  of  the  report  of  the  board  of  com- 
missioners   of    protection    district. 

Notice   is   hereby   given   that   the  board   of   commissioners 

of   protection    district    did,   on    the   day    of  - 

■189—  file  its  report  of  the  assessment  of  benefits  and 
award    of    damages    in    said     protection    district    with    the 

clerk    of    the   board    of   supervisors    of  county,   which 

said  report  is  now  on  file  in  the  office  of  said  board,  in  the 

county    courthouse,    in    the    city    of    ,    in    said    county. 

Said  report  is  hereby  made  a  part  hereof,  and  is  hereby 
referred  to  for  further  particulars.  All  persons  interested 
are  hereby  required  to  show  cause,  if  any  they  have,  why 
such  report  should  not  be  adopted  and  confirmed  by  such 
board   of   supervisors. 

All  objections  to  such  adoption  of  such  report  shall 
be   in   writing   and   signed   by   the    person    objecting,    giving 


Act  2804,  §§  16.  IT  PROTECTION    DISTRICTS  lOltJ 

postoffiee   address,   and    fii.  .1    with    the   clerk   of   said   board 
hi   sup.  rvi  lOTS  mi  nr  b(  fore  the  day  of  ,  189 — . 


CI   rk    ut'   tin    board   nf   sup.  rvisors  of  county. 

Sec.    16.      .'.11  all    bo    in    writing    and     filed 

with  the  clerk  <>f  the  board  of  supervisors,  who  shall,  at 
the  next  mi  .ting  of  the  board  (whether  an  adjourned 
ting,  a  regular  monthly  meeting,  or  a  special  meeting 
called  for  that  purpose  I  after  the  day  fixid  in  the  notice 
tu  show  eaose,  lay  the  said  objections,  if  any  have  been 
Sled,  before  the  said  board,  which  shall,  by  order,  fix  ■ 
time  for  hearing  the  same,  ami  direct  the  clerk  to  notify 
th<  -    in    the    manner   prescribed    in    section    three 

h  ireof.  At  the  time  fixed  for  hearing,  or  at  such  other 
ti nn-  as  the  hearing  may  bo  adjourned  to,  the  board  of 
supervisors  shall  hear  such  objection!  and  pass  upon  the 
same;  and  at  such  time,  nr  it  there  be  no  objections,  at 
the  f.rst  meeting  after  the  day  set  in  such  order  to  show 
eanee,  or  such  other  time  as  may  be  fix*  <1.  shall  proceed 
to     pass    upon   such    report,   and    may   confirm,   correct,   or 

modify    •  .nli  r    the    Commissioner    to    make 

a  aew  assessment,  report,  and  plat,  which  shall  be  filed, 
notice  given,  and  hearing  bad  as  in  the  case  of  an  original 
rt.  When  sneh  report  has  been  adopted  and  con- 
firm! d,  till  said  board  may.  by  order  entered  upon  its 
minutes,  discharge  sneh  commissioners,  and  their  author- 
ity  shall   thereupon   <■•  i 

i    said   p  port   has  been  adopted  as  provided 
in  the   preceding  Bection,  the  board  of  supervisors,  if  they 

consider  the  sum  to  be  raised  for  the  payment  of  the 
ezpenaee  of  such  work  or  improvement  too  great  to  be 
properly  expended  in  one  year,  or  too  great  to  be  rai 
in  one  year  by  assessments  against  the  property  of  such 
protection  district,  may.  by  order  entered  upon  its  min- 
utes, provide  that  any  part  of  such  expenses  shall  be 
raised  or  expended  in  one  year,  and  that  such  assessments 
shall  coritinu*  for  a  number  of  yean  sufficient  to  raiae  by 
lament,  and  expend,  the  total  sum  required  by  such 
report  for  tin  work  or  improvement  When  the  board  has 
determined  the  sum  to  l>e  assessed  for  each  year,  and  the 
number  of  years  that  such  assessment  shall  continue,  they 
shall  cause  the  clerk  of  the  board  of  supervisors  to  for 
ward  to  tin  tax  collector  of  the  county  In  which  such  dis 
trict,  is  situate. i.  a  certified  copy  of  the  report 
inent,  and  plat  a.s  adopted  and  confirmed  by  the  said  board 


1021  PROTECTION    DISTRICTS.  Act  2804,  §  §  18,  19 

of  supervisors,  together  with  a  certified  copy  of  the  order 
of  said  board,  fixing  the  sum  to  be  raised  by  such  assess- 
ment each  year  and  the  number  of  years  such  assessment 
shall  continue,  and  from  and  after  the  filing  of  such  certi- 
fied copy  the  charges  assessed  upon  each  piece  of  land 
or  improvement  thereon  for  the  first  year  shall  become  due 
and  payable  immediately  and  shall  constitute  a  lien  there 
on;  and  thereafter  the  assessments  for  the  succeeding 
years  shall  become  due  and  payable  on  the  first  day  of 
October  of  each  year,  and  shall,  upon  becoming  due  and 
payable,  constitute  a  lien  upon  the  land  or  improvements 
upon  which  it  is  assessed.  Before  such  sums  become  de- 
linquent, the  board  of  supervisors  shall  direct  the  county 
treasurer  to  transfer  from  the  money  then  in  the  general 
fund  of  such  county  to  the  fund  raised  by  such  assess- 
ment, a  sum  of  money  to  be  named  in  the  order,  great 
enough  to  pay  the  assessment  made  against  the  county  for 
that  year  for  such  work  and  improvements. 

Sec.  18.  All  moneys  paid  upon  such  assessments,  either 
by  property  owners  or  by  the  county,  and  moneys  received 
from  any  source  for  the  benefit  of  such  protection  district, 
shall  be,  by  the  county  treasurer,  placed  in  a  fund  to  be 
called  the  protection  district  fund;  and  all  pay- 
ments of  any  of  the  expenses  of  the  work  or  improvements 
or  other  expenses  of  such  district  shall  be  made  upon 
warrants  drawn  by  the  county  auditor  upon  such  fund, 
and  paid  by  such  treasurer. 

Sec.  19.  Upon  the  filing  of  such  certified  copy  of  such 
report,  assessment  plat,  and  order  with  the  tax  collector 
of  the  county,  as  prescribed  in  section  eighteen  hereof,  the 
county  tax  collector  shall  give  notice,  by  ten  days'  pub- 
lication   in    a    newspaper    printed    in    the    county,    that    the 

assessment    list    of protection    district    has    been    filed 

in  his  office,  with  the  date  of  such  filing;  that  the  amounts 
entered  thereon  are  due  and  payable;  that  if  not  paid  on 
or  before  the  first  Monday  in  January  next  ensuing,  the 
same  will  become  delinquent  and  will  be  collected  as  are 
delinquent  taxes.  He  shall  note  on  said  assessment  list 
all  assessments  paid,  giving-  receipts  as  in  the  payment 
of  taxes,  and  shall  pay  all  money  collected  into  the  county 
treasury  at  the  same  time  and  in  the  same  manner  as 
money  collected  for  taxes  is  paid  into  said  treasury.  All 
subsequent  collections  of  assessments  shall  be  made  in 
the  same  manner  above  set  forth,  and  the  tax  collector 
shall  annually  (after  the  first  year),  immediately  after 
the  first  day  of  October,  publish  a  notice  containing  all  the 


Act  2S04.   t  i  20-22  PROTECTION    DISTRICTS  1022 

statements    required    to    be    made    as    hereinbefore    in    this 

proceedings  shall  he  had  as 
apoB   the  collection  of  the  first  mb<  Ben 

Sec.  SO.  When  said  assessments  have  1 "me  delin- 
quent the  tax  collector  of  sueh  c unity  ahall  proceed  to 
collect  such  delinquent  as  be,  with  Bve  per  cent 
added  thereon,  and  pay  tl  Including  th>'  five  per 
ci  nt  s.i  collected,  over  to  tl  .  in  the  same 
manner  and  eounty  t-  collected  and  paid 
over;    and    for   the    purposi    of  collecting  sucl  aenta 

and   delinquent   aaaeasmenta  all  of  the   provii  bsp- 

t.  r  seven,  title  nine,  pari   three,  of  the  Political  Code  not 
in  conflict  with  any  of  the  provisions  of  thi<  act  are  I 
by  mad-'  applicable  to  the  collection  of  asaessmt  nts  and  de- 
linquent   ai  '  -    in   such   profc  ct  i<m  dlstl 

Sic.  21.     if,  at   the  completion  of  such  work  or  Improve- 
mi  nts,  there  should  be,  from  any  cause,  a  surplus  of  n 
lift    in   such    protection   district   fund,   the  hoard   of  su 

rs   n::i\    ascertain    th<     pro    rata    amount 
each   pi  rs.m   paying  such  assessments,  and  apoa   the  filing 
laims    for  bato    properly   itemized,   shall   r.  fund 

such   money   to   the   parties   who   i  rid   the  same;   and   »i 
all    of    such     money     has     h  rder, 

direct     the    county      treasun  r    to     abolish       Mich      protection 
district    fund. 

Wh.n    sufficient     money     is    in    such    profo 
district    fund    to    pay    for    the    property    taken    and    dam 

rd   of   damages    made    i»>    tin     report 
adopted  by  the  board  of  supervisors,  a>  provided  in  section 
ntieii    hereof,   the   clerk   of    the    board 

shall  notify  the  owner,     i'  »r  occupant  'and 

or  lmpro\  i  nu  nt    •  whom  damaj  been 

i  did,    that    such    award    has    been    made,    and    the    amount 

thereof,  and  that  upon  sue!  Isim  and  ten- 

der 'y    to   l" 

slain  will  be  allowed  and  such  damages  paid.     Such  i 
;    in    given   by  depositing  snch   notice  in   the 

ant  v,    postagl      i>r«  paid,   ad 
to    such    owner,  .pant,    if    his    name 

be    known.     In    case    the    property    is    u cupied,    and    the 

iiaiin    of  the  • 

prop*  rtj  n   f°T 

the    reaeons   given    in   Bection    fourteen    bereol 

sl,:,ll    \„  |    to    the    Bheriff    or    to    a    .  who 

shall    ierve   the   Bame   by    i 

place    upon    the    prop,  rty    named    in    said    I 


;023  PROTECTION    DISTRICTS.  Act  2804,  §§  23-20 

a  certificate  of  service  upon  the  original  notice,  and  file  the 
same  with  the  clerk  of  the  board  of  supervisors. 

Sec.  23.  Whenever  the  clerk  of  the  board  of  super- 
visors or  other  officer  is,  by  this  act,  empowered  to  serve 
any  notice  by  mailing,  a  certificate  of  such  mailing,  in 
conformity  to  the  provisions  of  this  act  and  filed  with 
the  records  of  such  supervisors,  shall  be  sufficient  proof 
of  such  service. 

Sec.  24.  If  any  award  of  damages  is  not  accepted  within 
fifteen  days  after  the  mailing  or  posting  of  such  notice, 
it  shall  be  deemed  as  rejected  by  the  property  owner,  and 
thereupon  the  board  of  supervisors  may  direct  proceed- 
ings to  procure  the  right  of  way  to  be  instituted,  in  the 
name  of  the  county,  by  the  district  attorney,  under  and 
as  provided  in  title  seven,  part  three,  of  the  Code  of  Civil 
Procedure,  against  all  non-accepting  property  owners; 
and  when  thereunder  the  right  of  way  is  procured,  the 
work  or  improvement  must  be  commenced  as  hereinafter 
provided.  In  such  suit  no  informality  in  the  proceedings 
of  the  board  of  supervisors,  or  in  the  proceedings  of  the 
commissioners,  shall  vitiate  said  suit,  but  the  said  order 
of  the  board  of  supervisors,  directing  the  district  attorney 
to  bring  suit,  shall  be  conclusive  proof  of  the  regularity 
thereof;  and  the  said  suit  shall  be  determined  by  the  court 
cr  jury  in  accordance  with  the  rights  of  the  respective 
parties  as  shown  in  court,  independent  of  said  proceedings 
before  said  board  of  supervisors  or  before  said  commis- 
sioners. 

Sec.  25.  If  any  right  of  way,  attempted  to  be  acquired 
by  virtue  of  this  act  shall  be  "found  to  be  defective  from 
any  cause,  the  board  of  supervisors  may  again  institute 
proceedings  to  acquire  the  right  of  way  as  in  this  act 
provided,  or  otherwise,  or  may  purchase  the  same  and  in- 
clude the  cost  thereof  in  the  expenses  of  such  work  or  im- 
provement. 

Sec.  26.  The  board  of  supervisors  shall  determine  the 
amount  of  work  to  be  done  in  each  year  and  the  place 
where  such  work  is  to  be  done,  and  may  let  a  contract 
tor  any  portion  of  such  work  that  they  may  think  proper. 
When  the  work  is  let  by  contract,  either  as  a  whole  work 
or  for  a  portion  thereof,  the  board  shall  give  notice,  by 
publication  thereof,  not  less  than  ten  days,  in  a  newspaper 
published  in  such  county,  calling  for  bids  for  the  construc- 
tion of  such  work,  or  of  anv  portion  thereof;  if  less  than 
the  whole  work  is  advertised,  then  the  portion  so  adver- 
tised  must   be    particularly   described   in   such   notice.     »aid 


Act  28<M.   5$.  PROTECTION    DISTRICTS.  1024 

notice   shall   set    forth    that    plans   and   specifications  can  be 

seen    at    the    office  pf    the    board,    and    that    the    board    will 

proposals    then  fur.     and     that     the     contract 

will   In-    1. 1    to    tin'    loi  ble    bidder,   statfnp   the 

time   ami    place   for  opening  said    proposals,  and   how  such 

'  :-•--■  i.    which,    at    the    time 

•  ''id    place   appointed,   shall    1"    opened,   and,   as  soon   thcre- 

■omvi  nil  nt,    the    board    shall    let    said    work,    either 

in    portions   pr  as   a   whole,   to    thi  reepODaible   bidder; 

or    they  ■  d    all    bids    and    readvert las    for 

proposals.      Anv    person   or   persona   to   whom  a  contract    may 

bi   awarded  shall  enter  into  a  bond,  with  good  and  sufficient 

enreties,    to    be   approved    by    the    I  ■  ivable    to   sni.l 

sty    for   t;  such    protection    district,   for  double 

.mount    of    I  iditioaed    for    the 

faithful    ]'i  rformai  The   work  shall  be 

undi  r    the    direction    and    to    the    satisfaction    of    the 

board    of    Mipi  rvisors. 

87.      If,  according  to  the  survey  and  map  aa  adopted 

by  the  board  of  snpei  l<  1   in  section  seven 

if,    It    is   l  .    in    order    to    shorten    or    straighten 

the  '  any  Innavigal         '     m,  to  dig  canals,  cat  off 

in  n  !  the   channel   or   coorM    of   such   stream,   or 

•  irn   the  water  fron  tent  channel  into  a  former 

but    now    dry    channel,    th<  n    such    work   shall   be   considered 

the  straightening  of  the  channel  and  course  of  such  In- 
navigable stri  am.  and  all  of  the  provisions  of  this  act  are 
hereby  declared  to  be  applicable  to  such  work. 

If,   at    any    time,   in   the  opinion  of  the  board  of 

■    J     ' 
to    the    welfare   of   Bucb    protection    district,  and   then- 
is   no    money    in    the    fund   of  pndi   district   to   make   each 
nee  or   the   mosey   in   such   fund   is   in- 

sufli  cpenditnre,    then    the 

board    of    supervisors    may    advance    such    money    out    of    the 
ral    fund  of  the  county,  and    the  same  shall  be  a  credit 
mnty  as  a  payment  of  the  assessments  against  the 
county   to   that    extent;   01   if  such   money    advanced  shall   ex- 
■its    against    the    county,    then    as    soon    as 
there    is  sufficient    money    in    the    fund    of  such   protection    dis- 
trict to  pay  tio    excess,  the  board  of  supervisors  shall  direct 
county    tr.  t    to    the    general    fund    from 

inch   protection  district,  a  sum  great  enough  to 
balance  the  accounts. 


1025   PUBLIC   ADMINISTRATORS— PUBLIC    BUILDINGS.    Acts  2809-2e'S 

Sec.  29.  The  provisions  of  this  act  shall  be  liberally  con- 
strued to  promote  the  objects  thereof. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


TITLE  381. 

PUBLIC  ADMINISTRATORS. 
ACT  2809. 

For   relief    of    purchasers    at    sales    made    by.     [Stats.    1860, 
p.  16.] 

This  act  validated  sales  made  without  first  having  obtained  let- 
ters  of    administration. 

ACT  2810. 

Providing  for,  in  certain  cases.      [Stats.   1871-2,  p.  796.] 

Repealed  by  County  Government  Act,  1897,  490,  sees.  142  to  147, 
prescribing   the   duties   of   coroner. 

This  act  made  the  coroner  the  public  administrator  In  certain 
cases. 


TITLE  382. 
PUBLIC   BUILDINGS. 
ACT    2815. 
Public     buildings    and     structures,    regulating     erection     of. 

[Stats.   1871-2,   p.   925.] 
Superseded  as   to   state   officers  and   works,    1875-6,    427. 
Cal.    Rep.    Clt.    141,    395. 

ACT   2816. 

State,    contracts    in     behalf     of,    in     relation     to     buildings. 

[Stats.   1875-6,   p.   427.] 

Amended   1831,    457;     1895,    237. 
See    post,    Act    2891. 

ACT   2817. 

To    provide    for    the    completion    of    unfinish    county,    city 

and  county,  city,  and  township  buildings.      [Stats.  1887, 

p.  95.] 

Amended    1891,    83;     1893,    126;     1895,    166. 

ACT    2818. 

Concerning  the  completion  of  unfinishr-i  public  buildings 
in  any  county,  city,  city  and  county,  or  town  in  this 
state,   and   permitting   alterations   of   the   original   plans 

Gen.  Laws — 65 


,.  5§  i.  |  m-iu.r  o* 

or    •  Detraction    thereof.     [Stats.    1895, 

p.   LI 

fn!      R*p     Clt     110,    222. 

ACT  2819. 

An  ael  to  provide  for  t:  m,  location,  acquisition  and 

purchase  of  a  the  city  ami  county  of  San 

I    California,  for  t;  on,  equip- 

ment and  furnishing  of  a  building  or  buildings,  and  for 
tin-  improventi  inds  thereof,  f<>r  the  ase  ami 

pancy  of  the  officers  and  departments  of 
government  of  the  state  «.f  California  maintaining  head- 
auarl  acisco,  and  making  an 

appropriation  tin  r 

[Appn  red  -Tun.'   12,   19 
The  people  of  tin    -tat.   of  California,  represented  In  senate 
•  mbly,  .1" 
B     tion   1.     A  commission  is  hereby  created,  to  .'.insist  .>f 
the  governor  oi  the  statt   of  California,  tl  neral 

of  tl  •   difomla,  and  tin'  mayor  .>t'  the  city  an. I 

county  of  Ban  Francisco,  who  shall  1"'  known  a>  the  "Com- 
raise  -  •   9an   Francisco  ' ' 

Sai.l  commission  shall  continue  to  act  as  such  until  they 

lav.'   performed   the  du1  led  for.     Tiny 

shall  receive  i  ensation    for    their   services,  but    their 

isary  traveling  expenses  shall  be  |>ai.l  out  of  the  moneys 

1,.  r.  in:it"r.  r   Bppropriat<  ■  !. 

2.  Immediately  after  the  passage  of  this  act,  said 
commission  shall  proceed  to  select,  locate,  purchase;  or  ae- 
qu'ir.  and   county   of  San    Fran 

the  erection  thereon  of  one  or  more  public  build- 
ings for  the  use  and  occupancy  of  the  officers  and  depart- 
ments of  th<  .rinmnt  maintaining  headquarters  in 
San  Francisco,  the  same  to  be  modern  in  all  .  an<l 
along  such  d<  -               osually  employed  in  tin  and 

-miction    of    government    buildings,    an«l    to    •  r.  ct, 
struct,  equip  and  furnish  9uch  building  <>r  buildings  tin: 

,1  commie  *   have  ttu    power  I 

name  of  the  state  of  California,  gifts  or  dos 


1026a  PUBLIC   BUILDINGS.  Act  2819,  §§  i-o 

such  site  or  sites,  together  with  any  and  all  appurtenances 
connected  therewith.  The  title  of  any  and  all  of  such 
property,  purchased,  or  otherwise  acquired,  shall  be  taken 
in  the  Dame  of  the  state  of  California. 

Sec.  3.  When  said  commission  shall  have  selected  such 
site  or  sites,  if  the  same  are  to  be  purchased,  they  shall 
present  their  claim  for  the  amount,  or  sum  to  be  paid  there- 
for, to  the  state  board  of  examiners,  and  upon  the  allowance 
of  said  bill,  or  claim,  the  controller  shall  draw  his  warrant 
for  the  amount  thereof,  payable  out  of  the  sum  herein  ap- 
propriated, in  favor  of  the  owner,  or  owners  of  such  prop- 
erty selected,  and  agreed  to  be  purchased,  as  herein  provided 
for,  such  warrant  or  warrants,  when  so  drawn,  shall  be  de- 
livered to  such  commission,  and  the  same  shall  be  used  for 
the  purchase  of  such  site  or  sites,  taking  a  deed  therefor, 
as  aforesaid,  the  same  to  be  delivered  to  the  secretary  of 
state  of  the  state  of  California,  and  filed  and  recorded  in  the 
office  of  the  recorder  of  the  city  and  county  of  San  Fran- 
cisco, and  in  the  office  of  the  secretary  of  state. 

See.  4.  After  the  selection,  acquisition  or  purchase  of 
said  site  or  sites,  and  the  erection,  equipment,  completion 
and  furnishing  of  the  building  or  buildings  thereon,  as  re- 
quired and  provided  for  in  the  provisions  of  this  act,  the 
possession  of  said  premises  and  buildings  shall  be,  by  tbe 
commission  herein  provided  for,  delivered  to  a  commission, 
which  commission  shall  be  composed  of  the  governor,  and 
secretary  of  state  and  the  attorney-general  of  the  state  of 
California,  which  commission  shall  thereafter  be,  and  is 
hereby  created  as  the  commission  for  the  management  of 
said  building  or  buildings. 

Sec.  5.  The  sum  of  five  hundred  thousand  ($500,000.00) 
dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated,  to  carry  into  effect  the  provisions 
of  this  act,  and  to  be  used  in  payment  of  the  purchase  price 
of  such  site  or  sites,  and  the  erection,  equipment,  completion 
and    furnishing   of   said   building   or   buildings,   and   of   said 


Act  2820  PUBLIC     BUILDINGS.  ■■» 

moneys  hereby  appropriated,  three  hundred  thousand  ($300,- 
000.00)  dollars  thereof  shall  be  available  July  1st,  1906,  and 
Hi."  remaining  two  hundred  thousand  ($200,000.00)  dollars 
Lhereof  shall  !><•  available  July  1st,  iv 

Sec  ii.     This  net  is  hereby  exempt  from  the  provisions  of 
the    building    net    approved    March    23,    1976,    anil    all 
amendatory    thereof    and    supplemental    thereto. 

Sec.   7.     This   act    shall    taki    affect,    and    be   in   force   from 
an, I  aft.  r  July   1st,    I 

ACT   2820. 

An  act  to  facilitate  the  erection  of  a  building  or  buildJ 
and  the  obtaining  of  a  site  or  sites  therefor  at  Ban 
I'V.u  •  i-  o  f<>r  tin  use  of  tin-  pffici  rs,  commissions,  boards 
and  di  partments  of  the  stat<  g  »vi  rnmi  nt  maintaining 
1  eity,  by  providing  agalnsl  a  deficit 
in  I  ral   fund  eaused  by  the  appropriation  made 

for  said  purposes  and  to  provide  f..r  the  transfer  of 
money  to  tin  genera]  fund  from  the  state  school  land 
fund    to   be   held   in    trust  as  an  si    for   the  sup- 

port   of    the    eommon    schools    of  "f    California 

ami    to    providi'    for    the    payment   of   interest    on    such   in 
■if  n  t. 

[Approved  June  12,  18 
Whereas,    Then  een    appropriated    under   the    pro- 

visions  of   tin    proclamation   convening  this  exi  n   of 

the    legislature    the    sum    of    five    hundred    thousand    (*' 

I  fund  of  tin 
for  th.-  purchase  of  a  site  or  sites  and  the  erection,  equip- 
ment, completion  and  furnishing  of  a  building  or  buil 
-   in    th.    city  of  San    Francisco,  and 
YVI,.  ri  :<-<,     There     is     need     to     provide     against     a     deficit 
in   said    g(  in  ral    fund   because   of  ' .'     improvement, 

and 

Whereas,  There  is  sufficient  money  in  the  state  school 
land  fund  which  remain.,  uninvested  to  the  benefit  of  the 
common  schools  of  tin    stab  . 


PUBLIC    BUILDINGS.  Act  2S20,  §§  l--, 

Therefore, 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  controller  is  hereby  authorized  and 
directed  to  transfer  to  the  general  fund  from  the  state  school 
land  fund  the  sum  of  five  hundred  thousand  ($500,000.00) 
dollars  to  be  held  as  an  investment  for  the  benefit  of  the 
common  schools  of  the  state,  to  facilitate  the  erection  of  a 
building  or  buildings  and  the  obtaining  of  a  site  or  sites 
therefor  at  San  Francisco  for  the  use  of  certain  officers, 
commissions,  boards  and  departments  of  the  state  govern- 
ment. 

ec.  2.  The  state  of  California  hereby  agrees  to  pay  and 
will  pay  interest  upon  the  said  sum  of  five  hundred  thousand 
($500,000.00)  dollars  so  intrusted,  at  the  rate  of  four  (4%) 
per  cent,  per  annum,  from  the  date  as  provided  in  section  3 
of  this  act,  said  interest  to  be  payable  semi-annually  on  the 
second  day  of  January  and  July  of  each  and  every  year  for 
the  support  of  the  common  schools  throughout  the  state,  and 
the  faith  of  the  state  of  California  is  hereby  pledged  for  the 
payment  of  the  interest  herein  provided. 

See.  3.  The  sum  of  twenty  thousand  ($20,000.00)  dollars 
annually  is  hereby  appropriated  out  of  any  money  in  the 
general  fund  of  the  state  treasury  not  otherwise  appro- 
priated to  pay  the  interest  as  provided  in  this  act,  as  the 
same  shall  fall  due  and  payable;  provided,  the  first  semi- 
annual interest  hereunder  shall  be  due  and  payable  on  the 
second  day  of  July,  1907. 

Sec.  4.  The  moneys  so  transferred  by  section  1  of  this 
act  are  hereby  released  from  the  provisions  of  section  680 
of  the  Political  Code. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  July  1,  1906. 


Acts  :&2-2&2a 


PUBLIC    DEBT. 


102<k) 


TITLE  383. 
PUBLIC  DEBT. 

Bonds:   See   title   Bonds,   ante. 

ACT  2823. 

'Tiling    the    wnr    debt    of    t  and    providing    for 

the  redemption  tb  1856,  p.   ! 

ACT    2824. 

Loan   commissioners,   granting   addition*!1    poswm    bo,   abiding 

to  act  of  April  8,  ;  [Stats.  1873-d,  ]>.  835.] 

■B) 

ACT  2825. 

An  eel  to  Minor!  -  than  twenty-sis  then* 

'     m.r     BOre     than     thirty     thousand     inhabi  tan  I 

voti'  upon  tlir  question  of  paying  indebtedness  inenzred 

in  t' 

[ApprOTOd     !'•  briarv    i  \     1-'.'!.  -  >1,    p.    S.J 

tion    l.     The  board  of  trustees  <>t  tl  ins.  body 

M  than  tv  thousand   n..r 

than    thirty   thousand   inhabitants   ar.  .1   to 

submit    to    the    qualified    electors   of   such   city,   at    either   a 

ral  or  municipal  election  in  said  ecial  elei 

the  question   whether  or   net   any    indebti  lured   by 

laimed    to    be    dot  lid    city,    contracted    in    t ho 

yean   eighteen   hundred  an  nine   and   i  imn- 

dred  and  ninety,  shall  be  paid. 

Said  board  of  tr  ther 

shall  specify  particularly,  in  the  proclamation  f.o   such  i 

tion.-  ml   of  the  claimed  indebtedness,  and  for  what 

it   is  claimed   to   b  I   shall  specify,  if   the 

special  one,  thi    form  "f  ballots  I  |  by 

the   electors,   and    the    time,    plac<    end    manner   of   holding 

election    and    canvassing    the    returns   thereof,    an.i 
daring  the   result   thereof.      I  i     i-   voted   upon   at 

eneral    or    municipal    election,    the    ballots   shall    contain 
"For   the    payment      5fes,"   and    "For   thr    ; 

Nb,  '  '     in     addition     to     the     "t  h(  r      matt.  n.  d 

therein. 


7027  PUBLIC     HEALTH.  Acts  2826,  2831 

Sec.  3.  If  two  thirds  of  the  votes  east  upon  such  ques- 
tion vote  in  the  affirmative,  the  saiil  board  of  trustees  or 
other  governing  body  shall  immediately  order  paid,  as  other 
claims  against  said  city  are  paid,  the  said  amount  so 
voted;  and  for  that  purpose  shall  be  and  are  hereby  author- 
ized to  incorporate  the  said  amount  in  the  next  tax  levy, 
if  tne  same  has  not  been  already  levied,  for  the  year  in 
which  such  election  is  held;  an  if  such  tax  levy  has  been 
levied,  then  they  shall  make  a  new  assessment  and  levy  for 
the  said  amount,  using  the  last  assessment  roll  as  a  basis 
therefor. 

See.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT   2826. 

An  act  to   prohibit   the-  creation   of  debts   against   the   state 
in  excess  of  appropriations  made  by  law  except  in  cases 
of  actual  necessity,  ana  on  consent  of  the  board  of  ex- 
aminers. 
[Approved  March  23,   1893.     Stats.   1893,  p.  285.] 
Section   1.  ""  No   officer  or   employee  ia   the   service   of   the 
state   shall    have   power   to    create   any   deficiency   in    excess 
of  any  appropriation  of  money  made  by  law,  except  in  case 
of  actual  necessity,  and  only  then  upon  the  written  author- 
ity, first  obtained,  of  the   governor,  secretary   of  state,   and 
attorney -general;  and  any  indebtedness  attempted  to  be  cre- 
ated against  the  state  in  violation  of  the  provisions  of  this 
act  shall  be   absolutely   null  and  void,   and  shall   not  be   al- 
lowed by  the  state  board  of  examiners. 

Sec.  2.  This  act  shall  take  effect  from  and  after  its 
passage. 


TITLE  384. 
PUBLIC  HEALTH. 
ACT  2831. 

To  create  the  office  of  attorney  for  the  state  board  of 
health  and  the  board  of  health  of  the  city  and  county 
of  San  Francisco.  [Approved  March  31,  1891.  Stats. 
1891,  p.  209.] 

ra\.     Rep.     Cit.     116,     109. 


Acts  2832-2835  PUBLIC    HEALTH.  102K 

ACT   2832. 

To  protect  public  health  from  infection  caused  by  exhuma- 
tion and  r<  moval  of  the  remains  of  deceased  persons. 
[.stats.  1877-8,  p.  1050.] 

Am.  n.  1.  .1    L889, 

Tills  act  appears  In  full  in  the  Appendix  to  the  Penal  Code,   p.  664. 

ACT   2833. 

To   prevent    the   introduction,   and    provide   for   the   investi- 
gation and  suppression,  of  <-< > n t -t i^i « ■  n -;  <>r  infectious  dis- 
ad    appropriating    money    to    be    used    for   such 
i Stats.   ];>ui,  p.  iu.] 

I'-'Oa,     414. 

ACT    2834. 

To  protect  the  public  health,  to  prevent  the  introduction 
and  spreading  of  disease,  and  to  provide  for  the  protec- 
tion of  the  health  of  criminals  under  sentence  <>n  con- 
victi t   a  misdemeanor.     [Stats.  1883,  p.  280.] 

•    P<  nal   Co.li',    1906.     See   note   to    J 
1M5,    Penal    O 

This  the    cutting   of    the    hair   of   persons   con. 

irs   In   full   In   Penal   Cade.    Appendix,    p.    71'J. 

ACT   2835. 

An    act    to    prevent    the    introduction    of   contagious  or   in- 
t'.  ctiooB  disease  ;>  of  California. 

[Approved  March  15,  1883.     stats.  1883,  p.  370.] 

Railroad  cars  to  be  ii  sp<  eti  •!. 

m     I.     Whenever    there    shall    exist,    in    the    opinion 
of   •  board   of  health,  imminent  danger  of  the  in- 

troduction   oi     contagious    or    infectious  into    the 

of    California,    by    means    <>f    railroad    communication 
with   otl  .   the   Baid   state   board   of   health   are  au- 

thorized,   and    it    is    hereby    made    their    duty,    to    make    or 
cause  to  be  made,  by  any  accredited  agent  or  inspector,  an 
inspection    of    all    railroad    cars,    coming    into    the 
such   point,  oi   between  such  points  within  the  state  limits 
:,s  may  b(    selected  for  the  purpose. 

l  v,  t,  ntion   of   train  a   minimum 

2.     Such  inspection  shall  be  made,  when'  practicable, 
during   tin    ordinary    detention   of   a    train   at    a   station,   or 

whil.      in     transit     betwei  D    stations,    and    in    all     cases    shall 


?.029  PUBLIC   HEALTH.  Act  28?6 

be  so  .conducted  as  to  occasion  the  least  possible  detention 
or  interruption  of  travel  or  inconvenience  to  the  railroad 
companies,  so  far  as  consistent  with  the  purposes  of  this 
act. 

Infected  cars  to  be  side-tracked. 

Sec.  3.  Should  the  discovery  be  made  of  the  existence 
among  the  passengers  of  any  case  or  cases  of  dangerous, 
contagious,  or  infectious  disease,  the  said  board  of  health, 
or  their  agent,  or  inspector,  under  rules  and  conditions  pre- 
scribed by  them  as  being  applicable  to  the  nature  of  the 
disease,  shall  have  power  to  cause  the  side-tracking  or  de- 
tention of  any  car  or  cars  so  infected,  to  isolate  the  sick 
or  remove  them  to  a  suitable  place  for  treatment,  to  es- 
tablish a  suitable  refuge-station,  to  cause  the  passengers 
and  materials  in  such  infected  car  to  be  subjected  to  dis- 
infection and  cleansing  before  pioceeding  farther  into  the 
state,  and,  in  the  case  of  smallpox,  to  offer  free  vaccination 
to   all  persons  exposed  in  any  car  or  at  any  station. 

Appropriation. 

Sec.  4.  The  sum  of  five  hundred  dollars  is  hereby  ap- 
propriated out  of  any  moneys  in  the  treasury  not  otherwise 
appropriated,  to  be  expended  solely  for  the  purposes  of 
this  act,  and  all  expenditures  herein  authorized  shall  be 
specified  in  an  itemized  account  to  be  presented  to  the 
state  board  of  examiners,  and  paid  as  other  demands  on  the 
treasury  are  paid;  provided,  that  in  no  case  shall  the 
sum  expended  exceed  that  herein  specially  appropriated  for 
the  purpose. 

Sec.  5.  This  act  sliall  take  effect  from  and  after  its  pas- 
sage. 

ACT  2836. 

An   act    to    prevent    the    introduction,    and   provide    for    the 
investigation    and    suppression    of    contagious    or    infec- 
tious diseases,  and  appropriating  money  to  be  used  for 
such  purpose. 
[Approved  March  20,  1903.     Stats.  1903,  p.  255.J 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  sum  of  one  hundred  thousand  dollars 
($100,000)  is  hereby  appropriated  out  of  any  moneys  in  the 
jtate    treasury  not   otherwise   appropriated,   to   be   expended 


Acts  2837,  2838 


pi'bi.ic   health; 


by  Mu'  Btate  board  of  health,  under  the  direction  of  tin 
governor  for  tin  prevention  ft'  the  introduction  of  Asiatic 
cholera,   bnbonic  tallpox,   or   other   contagions   or 

infectione  ad   for   their   inv<  b1 

tion    .'in!  'on    in    case    of    their    origin    or    introduc- 

tion. The  claims  for  such  expenditures  must  he  audited 
by  the  board  of  i  rami  pt  that   when,  in  the  opin- 

io    of  the   governor,   an   emergency   arises   which   demands 
or   aee»  ssitates   the   immediate   use   of   money    for   the    pur- 
rein    provided,   the   controller   must    draw   liis   war- 
rant   in    the    nani'     of    the    gOV<  rnor,    without    such    audit,    on 

mi*  of  the  sum  hereby  appropriated,  upon  the  order 
of  tin-  governor,  In  such  sums,  from  time  to  time,  not  ex- 
ceeding one  thousand  dollai  time, 
as  he  may  direct.  Iii  cases  where  sums  are  so  drawn  upon 
the  order  of  the  governor,  without  audit  by  the  board  af 
examiners,  voochei  thereafter  lied  with  the  con- 
troller, showing  the  manner  ami  tin-  purposes  fof  whieh  such 
sums    have    In  '  n    i  xpemli  d. 

.  2.     This  act   taki  diat<  ly. 

ACT  2837. 

To  authorise   tin-  ird    of    health  to  purchase  and 

manufacture  diphtheria  antitoxin,  anil  to  appropriate 
sir    thousand    dollars    therefor.     [Approved    March    12, 

•its.    1895,    p.   45.] 


ACT  2838. 
\„    ;,.)     entitled    An    act    to    grant    to    boards    of    health    in 

oitiee,   and   cities  and   Bounties,   the   power   t.>   regulate 

th.    plumbing  ami  drainage    of  buildings. 

[Approved   Starch   15,   1888.     Stats.  1883,  p.  366.J 

Plumbers  n  quired  to  rsgisti  r. 

ion    i.     Every   masteT  or  journeyman   plumber  earry- 
on    his   trade   shall,   under   such    rules   ami    regulari 
;,s~thi    board  of  health  of  Buch  county,  or  city  ami  county. 
i     prescribe,    register    his    Dame    ami    address    at     the 

DU1  ty,   -r    city   ami    county  ;    an. I     i 
tin-  Baid   'late   it    shall    ool    be  lawful    for  any   pi  irry 

,,,,   ||,,    trail,    of   [.luiLl.ii".'   in   any  county,  or  city   an. I   county, 

unless   his   name   and   address   b  pro 

villi  il- 


1031  PUBLIC    HEALTH.  Act  2S39 

Publication. 

Sec.  2.  A  list  of  the  registered  plumbers  shall  be  pub- 
lished  in   the   yearly   report   of    the    health-office. 

Board  of  health  to  approve  plans. 

Sec.  3.  The  drainage  and  plumbing  of  all  buildings, 
both  public  and  private,  hereafter  erected  in  any  county, 
or  city  and  county,  shall  be  executed  in  accordance  with 
plans  previously  approved,  in  writing,  by  the  board  of 
health  of  said  county,  or  city  and  county;  suitable  draw- 
ings and  description  of  the  said  drainage  and  plumbing 
shall,  in  each  case,  be  submitted  and  placed  on  file  in 
the  health-office.  The  said  board  of  health  are  also  au- 
thorized to  receive  and  place  on  file  drawings  and  descrip- 
tions of  the  drainage  and  plumbing  of  buildings  erected 
prior   to   the   passage    of   this   act. 

Supervisors  to  apportion  tax. 

Sec.  4.  The  boards  of  supervisors,  or  other  city  or 
county  officials,  whose  duty  it  is  to  make  apportionments 
for  the  board  of  health  of  such  county,  or  city  and  county, 
shall  make  the  necessary  apportionments,  and  shall  insert 
the  same  in  the  yearly  tax  levy,  to  provide  for  carrying 
out   the  provisions  of  this  act. 

Court  of  record  may  enjoin. 

Sec.  5.  Any  court  of  record  in  said  county,  or  city  and 
county,  or  any  judge  or  justice  thereof,  shall  have  power 
at  any  time  after  the  service  of  notice  of  the  violation 
of  any  of  the  provisions  of  this  act,  and  upon  the  affidaivt 
of  the  health-officer  or  a  member  of  the  board  of  health  of 
such  county,  or  city  and  county,  to  restrain  by  injunction 
order  the  further  violation  named  in  this  act,  or  of  any 
work  upon  or  about  the  building  or  premises  upon  which 
the  said  violation  exists,  and  no  undertaking  shall  be  re- 
quired as  a  condition  to  the  granting  or  issuing  of  such 
injunction  or  by  reason  thereof. 

Sec.  6.  Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.   7.     This   act   shall   take    effect   immediately. 

ACT  2839. 

An   act   to   grant   to   boards   of   health   or   health-officers,    in 
cities,    and    cities    and    counties,    the    power    to    regulate 


89,  5§  1-4  PUBLIC    HEM.TH.  lW 

the   plumbing   and   drainage   of  buildings,    and   to   pro- 
vide for  the  registration  of  plumbers. 

[Approved   IWarch   3,   1885.     Stats.    1S85,   p.    12.] 
Amended    1887,    58. 
License  from  board  of  health. 

tion    1.     It    shall    not    he    lawful    for    any    person    to 

i,    or    labor    as    a    master    or    journeyman 

plumber,    in     any    inoorporat.  <1     city,    or    in    any    city    and 

ty,  in  this  statc>  until  ho  shall  nave  obtained  from  the 

board    of    health    of   said    city    or    city    and    county    a    license 

authorizing     him    to     carry     on    |  or     hihor    as    such 

mechanic.     A    License   bo   to   do  Bhall   be   issued   only  after 

itisfactory  examination  by  the  board  of  each  applicant 

upon    his    qualifications    to    conduct    such    business    or    to    so 

labor.      All    applications    foT   license,   and    all    Hi  ned. 

Bhall    state    the    name    in    full.    ape.    nativity,    and    place    .if 

residence   of  the  applicant  or  person   so  Licensed.     It  shall 

I  .  the  duty  of  the  secretary  of  each  board  of  health  to 
keep  a  record  of  all  such  Licenses  issued,  together  with  an 
alphabetical   index    to   the    same.      [Amendment   approved 

March  9,  1887.     Stats.   18S7,  p.  58.     In  effect  immediately.] 

Publish   list    in    yearly  report. 

8.     A    list    of    all    licensed    plumbers    shall    be    pub- 
lished   in    the    yearly    report    of    the    health    officer    or    DO 
of   health.     [Amendment   approved    March   9,   1887.     Stats. 
1887,  p.  58.     In  effect  hum.  diately.] 

I'lans  of  plumbing. 

Sec.  3.  The  drainage  and  plumbing  of  all  buildings, 
both  public  and  private,  hereafter  erected  in  any  city, 
or  city  and  county,  shnll  be  executed  in  accordant  with 
plans  previously  approved  in  writing  by  the  board  of 
health  of  said  city,  or  city  and  uad  suitable  draw- 

ings  and    description    of    the   said    ..  ind   plumbing 

shall,   in    each   case,   be   submitted   to   the   board   of   health,   and 

placed  on   file  in  the  health-office.     Thi    said  board  of  health 

is   also   authorized   to   receive   and    phv 

descriptions    of    the    drainage    and    plumbing    of    build 

erected  prior  to  the   .  _       if  this  act. 

Tax  levy. 

1.      The    board    oi  irs,    or    other    city,     nr 

and  counts,  officials  whose  duty  it  is  to  make    appropriati 


1033  PUBLIC     HEALTH.  Act  2840,  §  1 

and  tax  levies  for  general  purposes  of  such  city,  or  city  and 
county,  shall  make  the  necessary  appropriation  and  tax  levies, 
and  shall  insert  the  same  in  the  yearly  tax  levy,  to  provide 
for  carrying  out  the  provisions  of  this  act.  Such  appropria- 
tions and  levy  shall  be  made  at  the  same  time  and  in  the 
same  manner  as  appropriations  and  tax  levies  are  made  for 
other  city,  or  city  and  county,  purposes. 

Where  no  board  of  health. 

Sec.  5.  In  any  city,  or  city  and  county,  where  there  is 
under  existing  laws,  a  health-office,  but  no  board  of  health, 
such  health-officer  shall  perform  all  the  duties  required  by  this 
act  of  the  board  of  health  until  a  board  of  health  shall  be 
created,  and  in  any  city,  or  city  and  county,  where  there  is  ro 
health-officer  nor  board  of  health,  the  board  of  supervisors  or 
city  council,  or  other  municipal  legislative  board  or  body,  sbal) 
create  a  board  of  health,  who  shall  perform  all  the  dutie?,  rf  • 
quired  by  this  act  of  the  board  of  health  or  health-officer. 

Injunction. 

Sec.  6.  Any  superior  court,  or  judge  thereof,  steill  nave 
power  to  restrain  by  injunction  the  continuance  of  work  co  be 
clone  upon  or  about  buildings  or  premises  where  tho  provisions 
of  this  act  have  not  been  complied  with,  and  no  undertaking 
shall  be  required  as  a  condition  to  the  granting  or  issuing  of 
such  injunction,  or  by  reason  thereof. 

Penalty. 

See.  7.  Any  person  violating  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  punished  accordingly. 

Sec.  8.     This  act  shall  take  effect  immediately. 

ACT   2840. 

An  act  to  encourage  and  provide  for  a  general  vaccination  in 
the  state  of   California. 

[Approved  February  20,   1389.     Stats.   1889,  p.  32.] 
Cal.   Rep.   Clt.    143,  661. 
Exclusive  of  children  from  schools  unless  vaccinated. 

Section  1.  The  trustees  of  the  several  common-school  dis- 
tricts in  this  state,  and  boards  of  common-school  government 
in  the  several  cities  and  towns,  are  directed  to  exclude  from 
the  benefits  of  the  common  schools  therein  any  child  or  any 
person    who  has    not  been    vaccinated,  until  such  time  when 


\ct  :S!0,  §§  2-4  PUBLIC  HEALTH.  1034 

eliiM  or  i  ated  ;    proi  ; 

thai  any  practicing  and  licensed  physician  mag  eertifj  that 
tlio  child  or  person  baa  osed  dae  diligence  and  cannot  be  vac- 
cinated bo  ;»s  to  produe  -  -  t'u  i  vaccination)  whereupon 
Buch  child  or  person  shall  he  excepted  from  the  operation  of 
this  act. 

Notice  by  Bchool  trustees. 

Sec.  2.     The  •  local  boards,  annually,  or  at  such 

•  1  by  tip  i-'l  of  health,  must 

notice,  by   posting  a   notice  in  two  or 

more    [Mi1  :r    jurisdiction, 

that  |>r"'  made  for  m  of  any  child 

lomnot  schools, 
am!  iarfly    nr 

enable  to  procure  vaccination  for  such  child. 

List    of  chil.lren   not  vaccinnt.  d. 

■    hoard   must  within   sixty   days 
•  i  every  year  then 
ml.or  of  children  nr  persons  in  their  rasp 

■  I   government 

:innon   schools,   who    have 
already  vaccinated,  and  make  a  list  of  the  nam. 
.,11  gxich  children  or  persons.     It  also  shall  be  [thai   dety  af 
j.:ii,i  or  hoard   to  provide,   for  th<  tion  of  all 

such  children  or  persons  in  their  respective  school  district! 

irus  wherewith  to  v  such 

Ik  n    or    persons    who    havp   not    been 

ul,,,  'mated,    to    give    :i    tertilcate    of    vaccination, 

which  certificate  shall  be  evidence  thereof  for  the  purpose 
of  complying  with  section  one. 

for,  how  paid. 
i.     The  necessary  expea  ■>    the  proi 

of  this  act  shall  be  paid  out  of  the  common  school  moneys 
:,,,]„,  Jtrict,    city,    or    town.      And    if    there    bfl 

•.   the   trustees    must    notify    the    hoard     of 
supervisors  of  the  amount  of  money  necessary,  and  tin   hoard 
must,  at   the  time  of  levying  the  count;,    tax,  levy  a  tax 
the   taxable   property   In   thi  sufficient   to   mis.    the 

I.     The  rate  of  taxatioi  rtaintd  bj 

ducting   fifteen   pi  r  coat   for  delinqueneios  from  ti 

no  lit.   and    the   rate   must    be   his.  d   upon   the  remainder.      The 
so  levied  must  be  computed  and  entered  apan  ti 
|    roll    by    th>    county    auditor,   and    GoUeciOt   at    the   I 


1034a  PL'BLIC   INSTITUTIONS.  Acts  2 

time  and  in  the  same  manner  as  state  and  county  taxes,  and 
when  collected  shall  be  paid  into  the  county  treasury  for  the 
use  of  the  district. 

Annual  report  of  trustees. 

Sec.  5.  The  trustees  of  the  several  school  districts  of  this 
state  are  hereby  required  to  include  in  their  annual  report, 
and  report  to  the  secretary  of  the  state  board  of  health,  the 
number  in  their  several  districts  between  the  ages  of  five  and 
seventeen  years  who  are  vaccinated,  and  the  number  unvac- 
einated. 

Sec.   6.     This  act  shall  take   effect  immediately. 

ACT    2841. 

To   provide   for  the   proper   sanitary   conditions   of  factories 

and  workshops,   and   the   preservation   of   the   health   of 

employees.      [Stats.   1889,  p.  3.] 

Amended   1901,    571. 

Unconstitutional.     (Schaezlein    v.    Cabaniss,    135    Cal.    466.) 


TITLE    381a. 
PUBLIC   INSTITUTIONS. 
ACT    2843. 

An  act.  An  act  providing  for  the  exchange  of  commodities 
between  the  public  institutions  owned  or  managed  and 
controlled  by  the  state,  or  the  pplitical  divisions  thereof. 

[Approved   March  18,   1905.     Stats.   1905,  p.   185. J 

Section  1.  It  shall  be  the  duty  of  the  state  board  of  ex- 
aminers, within  six  months  after  the  passage  of  this  act,  to 
arrange,  so  far  as  may  be  practical,  for  an  exchange  of  sur- 
plus  products,  either  manufactured  or  natural,  between  the 
several  public  institutions  owned  or  managed  and  controlled 
by  the  state,  or  the  political  divisions  thereof. 

Sec.  2.     It  shall  be  the  duty  of  the  state  board  of  examin- 
ers to   so   distribute  and   arrange,   with  the   assistance   of   tli 
boards  of  managers,  directors  or  trustees  of  fchi  insti- 

tutions referred  to  in  section  1  of  this  act,  the  labor  and  in- 
dustry of  their  inmates  that  it  will  prove  conducive  to  thevr 
mutual  assistance,  with  a  view  of  advancing  the  economic 
management  of  all  the  institutions  owned  or  managed  and  con- 
trolled by  the  state,  or  the  political  divisions  thereof;  and  all 


Acts  2S46-2S48  PUBLIC    LANDS.  MM* 

such  surplus  products  shall  'or  disposed  <>f  to  any 

individual,  corporation   or  association 

Btate,  or  ;my   political  division  th< 

be  any    lemand   for  any  Bucfa  pro  any  public  institu 

i  ions  owned   or  managed  and  controlled  by  the  Btate,  or  tbn 

political   divisions  thi 

itimating   the   value   of  such   articles    tor   the 
purpose  of  such  exchan  between  public  Institutions, 

the  cost  of  producing  or  raising  such  .  with  ten  per 

eent  added,  shall  be  the  sale  price  fch<  n 

'.      Bach   institution   shall  notify  the  state  board  of  ex- 
aminers  what    surplus  products  th<  if,  as  set 
forth  in  Miis  set,  and  th<  b  ainers  shall  do 
all   the  other   institutions   owned   or   ii  •  • .-) ^f. i   ami   controlled 

by    ilu'  state,   or   th<-   political   divisions   thereof,   that   such   nrti- 

cles  can  be  procured  ami  where,  and  thereupon  the  i 

of  section  2  of  th  -  stive,  and   I 

board  of  examiners  shall  allow  do  claims   for  the  pi 

any   products   from  any   individual,  corporation   of  association 

so  long  is  the  same  might   have  been   procured   from  a   - 

institution  after  it  had  l»ei  n  duly  notified  of  that  fact. 

Sec.    5.     All   acts    ami    parts    of   acts    inconsistent    with    this 
act  are  hereby  repealed. 


TITLE  385. 
PUBLIC    LANDS. 
ACT   2846. 
Authorizing  the  gov*  rnor  to  re  convey  part  of  the  lands  to  the 

Unr  1  to  the  state  and  listed  under  the 

agricultural  college  grant  of  150,000  acres.  1883, 

p.  287.J 

ACT    2847. 

Prescribing    the    mode    of    maintaining    and    defending 
actions  on  lands  belonging  to  the  Uni: 

[stats.   1850,  p.  203.] 

i led    by    act    of   1852,    p.    158. 
Clt.     139,    377. 

ACT    2848. 

Prescribing    the    mode    of    maintaining    and    defending 
as  on   public    I  552, 

Air 

Cat.    I. 

Not  repealed.     (See  Grav   v     niT,.n     74  i-«i 


1035  PUBLIC    LANDS.  Acts  2849-.  835 

ACT    2849. 

Foi    the   protection   of   actual   settlers   and   to   quiet   title   to 
lands.     [Stats.  1856,  p.  54.] 

"In  many  resi  ects  unconstitutional  (Billings  v.  Hall,  7  Cal.  7; 
Lathrop  v.  Mills,  19  Cal.  513;  Pioche  v.  Paul,  22  Cal.  105);  and  the 
parts  not  unconstitutional  are  probably  superseded  by  the  codes." — 
Code    Commissioners'    Note. 

ACT    2850. 

For    the    better    protection    of    settlers    on    public    lands. 
[Stats.   1858,  p.  345.] 

This  act  provided  for  the  redress  of  parties  ousted  under  a  foreign 
gTant   which   was  afterwards   rejected  or   did  not   include   the   land. 

ACT  2851. 

Public   lands,   protection   of   settlers   on.     [Stats.    1873-4,    p. 

327.] 

Amended    1881,    72. 
Cal.   Rep.   Cit.    134,   47. 

See    Political    Cade,    sees.    3441,    3443. 

ACT    2852. 

For  the  better  protection  of  settlers  on  the  publrc  lands 
of  the  United  States  and  for  the  protection  and  en- 
couragement of  persons  desirous  of  settling  thereon. 
[Stats.  1887,  p.  147.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  420, 
Penal  Code. 

ACT    2853. 

Pre-emption  and  homestead  claimants,  protection  of.     [Stats. 
1873-4,  p.  543.] 

ACT    2854. 

Public   lands,   bona   fide   settlers   on,   protection   of.      [Stats. 
1873-4,  p.  543.] 

This  act  protected  the  rights  of  settlers  on  lands  within  the  sur- 
vey   of   a    Mexican    grant    and    which    had    been    restored    to    the    public 


ACT  2855. 

To   provide   for  the   management   and   sale   of   lands   belong- 
ing  to   the   state.     [Stats.    1SG7-8,   p.   507.] 

Amende  .1    1S69-70,    14,    814,    875.     Supplemented    1869-70,    87S. 

Amende!    1871-2,    383,   668,    685,    858. 
Cal     Rep     Cit.     41,    131;     43,    357;     45,    692;     46,    1S9;     46,    390;     17.    182;      17, 
227"      47     2-19-      48     2S:     51,    475;      51,    537;      52,    181;     56,    2J3;     57.    585;     57, 
5Xfi!     61 '    207;     63,'   30S;     65,    636;     68,   542;     74,    111;     83,    105,     84,    615;     91, 


Acts  -- 


PUBl.lt  •    l. 


33:     11'.    333;      116,    331  HO.    609;     130.    615-      140. 

11.    118:     144.    211:     in.    818;     m.    213;    144,    643;      ill.    644;     144. 
646. 

AMD'T    ' 

rit.     47,    241;     J7.     i!  58,     106; 

64,  184,    48. 

>  .    lr.t 

ACT    2856. 

Reservation    from   sale   of   certain   land,     [stats.    Is7.vr>,    p. 

:    half  of  sort!   n   16,   in  township  7  south. 
Mt.   r>iabio  meridian, 

ACT    2857. 

dating    (!,.•    sale   of   lands   uncovered    by    the    recession 
or  drainage  of  tin-  waters  of  inland  lakes,     [Stats.  1893, 

il. | 

.    us,  lie 

ACT    2858. 

Sail  marsh  and  tide-lands,  Burvey  and  disposition  of,     [Stats, 

I1-:::  1.    p.    8 

Supplementing    and    amending   act    of    April    1,    1S70.     1:. 

ACT    2859. 

Saif   hi'  swamp  lands,   distribution   of   funds   derived   from. 
[Stats.    1878  i.   p.   77". J 

ACT    2860. 

I      pro   i. if   tor  applications   fot   the   purchase  <•/  sixteenth 
ami  thirty-sixth  Bcctions,  t"  regulate  the  appli 
the  purchase  <>t  sach  sections,  and  requiring  -it  t* 

accompany  all  applications  for  the  purchase  of  tin    - 

[Stats.    iv'sM.    p.   434.] 
t'.il     Rt  p 

ACT    2861. 

Providing  for  examination  into  tin   tale  anil  <1  is) >•  >s.i  1  of  - 
lands.     [Stal  p.  7!is.j 

i  hl»  •  ii.  l    a    oomm  nee    ono    J 

above   purp 


1027  PUBLIC    LANDS.  Act  2862-2S09 

ACT    2862. 

Making   certificates   of   purchase   or  of   location   evidence  of 
title.      [Stats.   1859,  p.   227.] 
Supplemented   1859,    332.     Amended   1S67-8,    529. 
Cal.    Rep.    Cit.    42,   297;     51,    45;     71,    24. 

In  True  v.  Thompson,  42  Cal.  293,  it  was  held  that  this  act  was 
superseded  and  repealed  by  the  act  of  1S63,  591,  in  so  far  as  it  made  a 
certificate  of  location  prima  facie  evidence  of  title.  The  act  of  1863 
was   in   turn   repealed    by   the   act   of   1867-8,    530. 

ACT  2863. 

Legalizing    applications     to    purchase     state    lands.     [Stats. 
1869-70,   p.   352.] 

Cal.    Rep.    Cit.     45,    450;     47,    240;     56,    223;     56,    558;     58,    541;     S3,    105,    117. 
464. 
This  statute  validated  sales  under  the  act  of  March  28;   1868,   where 
the  affidavits   were   defective. 

ACT   2864. 

Legalizing    purchase    of    lands    belonging    to    state.      [Stats. 
1871-2,  p.  622.] 

ACT   2865. 

School   lands,   act   to  legalize   payments  for.      [Stats.    1871-2, 
p.  137.] 

ACT    2866. 

Eespecting  payment  in  full  by  holders  of  certificates  of 
purchase  of  lands  sold  prior  to  March  27,  1872,  and  for 
which  the  said  state  has  at  any  time  heretofore  issued 
certificates  of  purchase  to  subsequent  purchasers.  [Stats. 
1889,  p.  428.] 

ACT   2867. 

For-  the  relief  of  purchasers  of  state  lands.      [Stats.  1871-2, 
p.  587.] 
Amended   1877-8,   914. 

ACT    2868. 

To  provide  for  the  presentation  and  cancellation  of  uns- 
eated  school   land   warrants.      [Stats.   1893,   p.   181.J 

ACT    2869. 

Authorizing   the   governor   and   surveyor-general   to   sell   and 
convey  certain   lands.     [Stats.    1891,  p.  251.] 
Cal.    Rep.    Cit.     114,    112. 

Thi.  art  authorized  the  sale  of  certain  lands  to  the  claimants  an! 
occupants  tnereui. 


Acts  2870-2880  PUBLIC    PARKS.  t03J 

ACT  2870. 

Justice,  John  D.,  to   cure  defects  in   application  of,  to   pur- 
chase  lands.      [Stats.    1877-8,   p.    535.] 

ACT  2871. 

To  authorize  certain  pi  rsmis  to  remove  improvements  placed 
upon  public  lands  after  said  lands  have  become  private 
property.     [State.  1867-8,  p.  708.] 

:  :i!.     M'olllns   v.    Bartlett,    44   Cal.   *T2.) 

ACT   2872. 

To   enable   purchasers  of  state   lands  to   redeem   them  where 
their   titles    have   bees   or   may   hereafter  be   foreclosed 
for  nun-payment  of  interest.      [Stats.    1881,  p.  65.] 
C*l.    Rep.    Cit.     H4,    | 


TITLE  386. 
PUBLIC    PARKS. 
ACT   2877. 

To  authorize  the  common  councils  and  boards  of  super- 
rs  of  the  b<  v<  fil  cities,  counties,  and  cities  and  coun- 
ties in  this  state  to  levy  tnxes  for  the  maintenance  of 
public  parks  having  an  area  of  over  ten  acres  each 
witliin  tloir  respective  limits.  [Approved  March  8, 
1887.     B1  J,  p.  52.] 

ACT    2878. 

To  enable  incorporated  "cities  and  counties"  and  "cities" 
n„,|  lire,   maintain   and   improve   public 

parks  and  boulevards,  [Approved  March  19,  1889. 
P-  36L] 

Cat.    ROD.    ''It      l*8i   Ml     UX  37~>. 

ACT    2879. 

To    provide    for   the    maintenance   and   support  of   the    public 

,,.ir  fore    created    within   the   various  cities   and 

cities   and    counties   of   the   state,   and   to   amend    the   ox- 

ts    in    n  lation    thereto.     [Approved   March    14, 

1889  L889,  p.   113.  J 

I,    343. 

ACT    2880. 

Authorizing  th<  commissi!  i  ny  public  p.irk  in  tliis 
state,  an. I  especially  th<  park  commissioners  of  Gold- 
en    (iate     Park,     in     Sin     Pi  l.niat  ions 


1039  PUBLIC    WORKS.  Acts  2881-28S9 

and  bequests  in  aid  of  the  improvement  and  embellish- 
ment of  their  respective  parks,  and  to  invest  the  funds 
derived  therefrom.  [Approved  March  9,  1885.  Stats. 
1885,  p.  38.] 

ACT   2881. 

To  authorize  cities  and  towns  owning  public  parks  outside 
of  their  limits,  to  lay  out,  construct,  and  maintain 
roads,  streets,  and  boulevards  from  the  boundaries  of 
such  cities  or  towns  to,  into,  and  through  such  parks, 
and  to  acquire  lands  for  that  purpose.  [Became  a 
law,  under  constitutional  provision,  without  governor's 
approval,  March  1,  1897.     Stats.  1897,  p.  45.] 

ACT    2882. 

To  extend  the  jurisdiction  and  authority  of  cities  and  towns 
over  parks  owned  by  them  situated  beyond  the  limits 
of  such  cities  and  towns,  and  over  streets  and  avenues 
leading  to  the  same.  [Became  a  law,  under  constitu 
tional  provision,  without  the  governor's  approval, 
March  1,  1897.     Stats.  1897,  p.  47.] 

ACT  2883. 

Giving  the   consent  of  the  state  of  California  to   the  reser- 
vation of  certain  lands  by  congress.   [Approved  March 
14,  1891.     Stats.  1891,  p.  107.] 
This   act   granted   the    consent   of   the   state    to   forest    reservations. 


TITLE  387. 
PUBLIC   WORKS. 

Hours  of  labor   on:    See   title  Hours   of   Labor,    ante. 

ACT   2888. 

Creating    a    commissioner    of    public    works,     defining     his 
duties    and    powers,    prescribing    his    compensation    and 
making   an   appropriation.      [Stats.   1893,   p.   345.] 
Amended  1S97,   26.     Repealed   1S99,   157;     1900,  20. 
Cal.    Rep.    Cit.     125,    414. 

ACT    2889. 

Creating     a     commissioner     of     public    works,    defining     his 

duties  and  powers  and  fixing  his  compensation.     [Stats. 

1899,  p.  157.] 

Superseded  by  1900,  20. 


Act  28  PUBLIC     WORKS.  1040 

ACT    2800. 

An   ad    creating   a   commissioner  of  public  works,   defining 
his  dutii  -  g  iii-!  compensation. 

[Approvi  d  F  L900,  p.  20.] 

The  people  <•!  California,  re]  r  ■•  oted  in  senate 

and  .-i  38<  mbl;  follows: 

Si  ction    l.     T  ;    :,    commissioner   of 

public   works,   to  ted   by   the   governor.     He  shal I 

told  ..    or   until    his   sue- 

•  r  Bball  !■  i  vacancy 

.  tin'  govern- 
or shall  appoint  I  provided,  that  .my  appoint- 
ment to  ide  to  i;n  t,,r  the  unexpired 
portion    of    t                   for    which    the  I    appointment 

-  in.i.ii .     S  the  discha 

of   his  duty,  shall   take   and  sub  i  official  oath,  an  1 

exi  cute  '   in  the  i    thousand  dollars, 

to   l  •  '1  by  th(  .  and   fib  d  and   n  eoid<  d  in 

the  offic<  of 'bonds 

of    <        r  Such    commissioni  r    shall    receive 

alary  of  I  :   annum,  pay- 

able   in    monthly    insl  bi     allowed     his 

actual    traveling    and    otbei  ntaJ    expenses 

incurred  while  in  the  performance  of  official  dul 

2.  The  eommissioi  er  shall  perform  such  duties  in 
the  examination  of  lands  subject  to  inundation  and  over- 
flow by  flood-waters,  and  of  the  waters  causing  and  making 
Buch  inundation  and  overflow,  and  in  the  preparation  of 
plans  am  t  cost  for  works  to  regulate  and 

trol    Buch    Hood  u    •  be    may   be    directed   to   perform 

from  time  to  time  by  the  governor;  and  such  other  duties 
in   the    examination,   supervision,   an  I  ement   of   pub- 

lic  works,  constructed  oi  earuied  on  by   I  .  or  under 

state  authority,  or  under  any  law  of  the  state,  as  he  may 
be  directed  to  from  time  to  time  by  law.     He  shall,  sul 
to   the  approval   of   the  auditing  hoard,   have  the   power  to 
employ    Buch    engineers    and    as  as    be    may    deem 

necessary  to  carry  out  the  provisions  of  this  act,  or  to  per- 
form any  duties  imposed  by  any  law  upon  said  commis- 
sioner, and  to  fix  their  compensation  Bubject  to  the  ap- 
proval of  the  board. 

Si .'.  8,     An  act  entitled  "An  act   creating  a  coma 
of    public    works,    defining    bis    powers    and    dutirs,    pr<  - 


y^  PUBLIC    WORKS.  Act  2891,  g  1 

scribing  his  compensation,  and  making  appropriation," 
approved  March  twenty-fourth,  eighteen  hundred  and 
ninety-three;  an  act  to  amend  an  act  entitled  'An  act 
creating  a  commissioner  of  public  works,  defining  his 
duties  and  powers,  prescribing  his  compensation,  and 
making  appropriation,'  approved  March  twenty-fourth, 
eighteen  hundred  and  ninety-three,  relating  to  the  office 
of  commissioner  of  public  works,"  approved  February 
twenty -fifth,  eighteen  hundred  and  ninety-seven,  and  all 
other  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act,  are  hereby  expressly  repealed. 

Sec.  4.       This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  2891. 

An  act  providing  for  the  appointment  of  an  auditing  board 
to  the  commissioner  of  public  works,  authorizing  and 
directing  him  and  them  to  perform  certain  duties  re- 
lating to  drainage,  to  purchase  machinery,  tools, 
dredges,  and  appliances  therefor,  to  improve  and  rec- 
tify water  channels,  to  erect  works  necessary  and  in- 
cident to  said  drainage,  to  condemn  land  and  property 
for  the  purposes  aforesaid,  making  certain  acts  a 
felony,  and  making  an  appropriation  of  money  for  the 
purposes  of  this  act. 

[Approved  March  17,  1897.     Stats.  1897,  p.  171.] 

Amended   laOO,    21;     1001,   91. 
Cal.   Rep.    CU.     125,   415. 

The  people  of  the  state  of  California,  represented  in  sena'te 
and  assembly,  do  enact   as  follows: 
Section   1.     Within   thirty   days   after   the  passage  of  this 
act,   the   governor   shall   appoint   five   persons   who   shall   be 
citizens   of   the   state   of   California,   and     not     all     members 
of  the  same  political  party,  and  who,  after  the  first  appoint- 
ment,  shall    hold   office    for    four    years    after    their    appoint- 
ment   who    shall    be    known    as    the    auditing    board    to    the 
commissioner    of    public    works.     They    must,    within    fii 
days   after   receiving   notice   of   their   appointment,    meet    in 
the    city    of    Sacramento    and    organize    by    selecting    from 
their  number   a   president   and   secretary.     But  of   thosi 
pointed  under   this   act,   the   term   of  office   of   two   shall   be 
for   two   years,    and   the    term   of   the   others   few 
and    the  '  governor    shall    designate,    in    theii  Long, 

their    respective    terms.     Thereafter    all    shall    be    appointed 
Gen.  Laws — 66 


Act  2891,  J§  PUBLIC    WORKS.  .04J 

for  four  yean.     All  vaeai  ciei  shall  be  filled  in  like  manner 
by  appointment    from  ■■.   bul     th<     person   ap- 

pointed  to  fill  a  vacancy  shall  fill  only  the  unexpired  term. 
J»io  member   thereof  shall   recover  anj  ensation   what- 

ever,   bat    (hey    ma;    l"     paid    their    reasonable    travel 

in  attending  i  to  b<    audited  by  the  1  »■  >  i r. I 

of   examiners.     They   shall    meet   at    Sacramento   Citj    ones 
in  two  months,  and  oftener  if  required. 

Sec  2.     I'  • .  the   report  of  the 

commissioner   of   public    works,   dated    November   sixteenth, 
eighteen    hundred    and    ninety-six,    and    accompanying    re- 
and    plans   of  ei  ihall  bi    adopt*  d   and    made 

t)  .  ad     the     plans    tin  rein    specified 

for   promoting  dn    i    ge  and  improving   and   rectifying  ri \  •  r 
channels  shall,  as   far  ible,  be    carried    out    and 

..d   as   herein    provided.     In   addition    to   the   work   out- 
lined  and  described   in   said   report,   the   said   commissioner 
,it  public  v,  irks  and  board  of  auditors  are  hereby  authoi 
and   empowered   to   perform    other  further    and     additional 
work   upon  *be  Sacran  'eath- 

er,    Vul>a.    Bear,    Bfokelumne,   and    Tuolumne    rivers,    and 
luma,    Alviao,   and  and     upon     all     tide 

ud    Bowing   into   tl  : '  iblo, 

. ml    San    Franeiseo,   and    also    upon    the    navigable 

of  the  state  (.l'  California,  of 
a  character  and  nature  similar  to  that  outlined  and  de- 
scribed in  said  report,  for  the  '  promoting  drain- 
r.  itifying  channels,  and  improving  navigation. 
[Amendment  became  a  law  under  ■ 
without  governor's  approval,  hCareh  2.  190L     -  I,  p. 

iinniediat<  ly. ) 
3.      The     conn  Of     public     works    shall     have 

cl,;ir  superintei  t    all    work    authorised    by 

this  act,  and  -hall  employ  and  < •  i r.  .•  t  all  empl  i<   n<> 

enditure    shall    be    made    without  tion    of    the 

auditing    board.     The  •('    public    works    shall 

rmine    the     character    and    ext   nt    of    the    work    to    he 

,)on,      in     aCCOrdanCl      with     the    said     I  ■!     shall 

f„H  i  and  compl  ime, 

i.     Tin  re   i~   hereby  appropriated   out   of 

ill      the      -•  ''<  d.      tile 

,lt-   three   hundred   thoussnd   dolls  paid    to   the 

auditing  board,  and   to   be   expended   for  the   purpo 
inafter    apeeii  wit:    tor    the    |>urei 


1043  PUBLIC   WORKS.  Act  2891,  $  5 

and  operation  of  one  or  more  dredgers,  or  machines,  and 
appliances  to  improve  and  rectify  the  river  channels  of 
the  state  of  California,  so  as  to  promote  drainage  and  to 
protect  towns  and  cities  of  the  state  of  California  from 
inundation,  as  outlined  and  described  in  the  said  report 
of  commissioner  of  public  works;  to  erect,  build,  and  con- 
struct embankments,  and  other  works,  where  necessary, 
for  carrying  out  the  purposes  of  this  act;  to  employ  per- 
sons in  and  about  said  work,  and  to  purchase  such  sup- 
plies as  may  be  necessary  for  the  carrying  on  of  the  same, 
and  for  doing  all  other  work  described  in  said  report, 
to  improve  and  rectify  river  channels  so  as  to  promote 
drainage. 

Sec.  5.  The  commissioner  of  public  works  shall  have 
power  to  employ  such  persons  in  and  about  said  work  as 
the  auditing  board  may  determine  to  be  necessary,  at  a 
compensation  to  be  fixed  by  the  auditing  board.  All  con- 
tracts for  the  purchase  of  material  and  supplies,  or  for 
such  work  as  can  be  done  by  contract,  where  the  expense 
thereof  shall  exceed  the  sum  of  five  hundred  dollars,  shall 
be  awarded  to  the  lowest  bidder,  at  a  public  letting  there- 
of, and  after  a  notice  to  bidders  to  be  published  in  one 
newspaper  published  in  the  city  of  Sacramento,  one  in 
Stockton,  and  one  in  San  Francisco,  for  at  least  one  week; 
provided,  that  at  least  two  weeks  shall  intervene  between 
the  last  publication  of  said  notice,  and  the  time  for  open- 
ing bids;  provided,  the  said  bid  is  a  fair  and  reasonable 
one.  All  bids  required  by  this  act  shall  be  accompanied 
by  such  security  as  the  auditing  board  may  require,  con- 
ditioned upon  the  bidder  entering  into  a  contract  upon  the 
terms  of  his  bid,  on  notice  of  the  acceptance  thereof,  and 
furnishing  a  penal  bond,  with  good  and  sufficient  sure- 
ties, in  such  sum  as  the  auditing  board  may  require,  and  to 
their  satisfaction,  that  he  will  faithfully  perform  his  con- 
tract. If  all  the  bids  made  at  such  letting  are  deemed 
unreasonably  high,  the  board  may,  in  their  discretion, 
decline  to  contract,  and  may  again  advertise  for  such  t inl- 
and in  such  papers  as  they  see  proper,  for  proposals, 
and  may  so  continue  to  renew  the  advertisement  until 
satisfactory  contracts  are  made;  and  in  the  mean  time  the 
board  may  contract  for  articles  and  supplies  for  imme- 
diate and  temporary  use,  with  any  one  whose  offer  is  re- 
garded as  just  and  equitable,  or  may  purchase  in  the 
open  market.  No  bid  shall  be  accepted,  nor  a  coatrac 
entered  into  in  pursuance  thereof,  when  such  bid  is  higher 


Act  2801.  Sfi  6.  7  PUBLIC    WORKS  1044 

than  any  other  bid  at  the  same  letting  for  the  same  el 

■In  >1 1 1 1  ♦•    "i'    articles,    quality     considered,     ami    when    a 
contract  ''an  I » « -  had  at  such  lower  Mil.     Winn  two  or  mete 
hills   for   Hi.    same   article   or  articles  are   eejuaJ   in   amount, 
the  board   may  Belecl   the  one  which,  all   things  soaaiaered, 
may  by  flu  m  be  thought  beat  for  the  interest  si  t 
or  th<y   may  divide  the  contract   between   the  bidden 
tii.  i r-    judgment    may    seem    proper    ami    right.     Tbt    b 
shall    hav.    power    to  .   or 

they   may   segregate   tin-   items,   ami    eater    hi 
with    the    bidder   or   bidden    who    may    bid    lowest    mi    tke 

ral  articles.     The  beard  shall   have  tin-   power  to  n 
the  bid  of  any   person   who  had   a   pricr  contract   ami   who 
had   not.  in   the  opinion   of  tin'    board,   faithfully  complied 

t  Ik ti  wit  a.       If.      \f  "il'l 

aris.-.    rendering    it    aecesaary,    in     the    judgmewl     of     tke 
auditing   beard,   to   protect    works   already   completed,   i 
prevent    any    work    in    process   of   eonetrwcfeien    being   flam- 
aged    by    storms    or    flood-waters,    that    immediate    repairs 

nr  work  should  ho  if. m,  tin'  said  eoBMnisetoner  of  puWic 
works  shall  have  power  to  perform  BUGS  work,  or  make 
siu'h     repairs,     in     the     manner     which     to     him     sirint     most 

advisabli . 

6.  It  will  not  be  aeeessary  to  obtain   the  sa 

of  any  other  board  or  oJBeer  for  tin  doing  of  any  work, 
or   tlio    letting  of   any   contract, 

hut  .til  claims  shall  be  audited  by  the  state  board  of  ex- 
amiir  rid)  'I   for  by  law. 

7.  Tie    auditing    bnar.l    may    ,-oiiih  inn    the    ri^ht    of 

u :, \  oeoeaaary  for  tin-  po  doing  the  work  out- 
Lined  and  described  in  said  report  of  the  commissioner 
of  public  works,  ami  may  purchase  or  condemn  all  land 
ami   material   aecesaary   to  carry   ou1  such   plans  of   drain* 

aml    may    generally   conn.  Cl    wi!     . 
any     work     of     construction,     ami     may     condemn     any     lamls 

which    may     hr    by     them    deemed    ■■  for    the    pur- 

and   it    is   hereby   declared   that   suck   aur- 
•  l   appropriation   is   for 
tin    public   benefit;    provided,   however,   that    tiny   shall    not 
uxterfen    with  auj  ion  work  or  ant  dii 

or  drains  without  tin  consent  of  the  board  of  tr,. 
th,  not  on,  in  oi  over  any  lands  situated  in  any  sw 
land,  reclamation,  Levee,  or  protection  .listriet. 


1045  PUBLIC    WORKS.  Act  ?sn 

Sec.  8.  Whenever  the  auditing  board  cannot  procure 
from  the  owner  or  owners  thereof,  without  purchase,  the 
right  of  way  or  material  needed  for  the  construction  of 
such  works  as  are  described  in  the  said  report  of  the  com- 
missioner of  public  works,  or  cannot  procure  the  consent, 
to  join  or  connect  with  any  existing  works,  or  procure 
lands  necessary  for  the  construction  and  completion  of 
the  said  system  and  plan  described  in  said  report,  the 
said  auditing  board  may,  in  their  own  name  or  in  the 
name  of  the  state  of  California,  proceed  to  condemn  the 
same  under  the  provisions  of  title  seven,  part  three,  of 
the  Code  of  Civil  Procedure,  and  amendments  thereto, 
which  are  now  existing  or  which  may  hereafter  be  made; 
provided,  that  cities,  towns,  levee  districts,  swamp  land 
districts,  reclamation  districts,  protection  districts,  and  all 
municipal  corporations  having  levees,  reclamation,  or  pro- 
tection works  shall  have  and  retain  the  exclusive  man- 
agement and  control  thereof,  subject  to  the  right  to  con- 
nect  the   work   as   herein   provided. 

See.  9.  Any  member  of  the  auditing  board,  or  the  com- 
missioner of  public  works,  or  any  appointee  or  employee  of 
either,  who  shall  be  interested  in  any  contract  for  the 
construction  of  any  work  provided  for  by  this  act,  shall 
be    guilty   of   a   felony. 

Sec.  10.  Nothing  contained  in  this  act  shall  in  any 
manner  affect  the  laws  in  force  in  reclamation  and  levee 
districts,  nor  shall  any  levees  be  condemned  nor  pur- 
chased under  the   provisions  of   this  act. 

Sec.  11.  The  controller  is  hereby  directed  to  draw  his 
warrant  in  favor  of  the  said  auditing  board  for  the  amount 
appropriated  by  this  act,  and  the  treasurer  it  hereby  di- 
rected to  pay  the  same. 

Sec.  12.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  immediately  from  and 
after  its  passage. 

ACT    2892. 

An  act  authorizing  the  commissioner  of  public  works  to 
obtain  a  right  of  way  for  a  canal  to  divert  the  waters 
of  Mormon  channel  iDto  the  Calaveras  River,  to  main- 
tain   condemnation  .suits    therefor,    and    making    an    ap- 


Acta  289 


IC    WORKS. 


10 1  h 


nation    to    |i*y    for    -^ .- 1 i <  1    lijjht    of    way    and    the 

cos:  .lining   the   same. 

■  I    March    25,    1903.     8tats.    1003,   p.    476.] 

The  peoph    of  th<    state  of  California,  represented  in  senate 
and  assembly,  <l"  enact  as  follows: 
Section    l.     The  commissioner  of  public   works  is  hereby 
authorized   to  obtain,  either  by   purchase   or  condemnation 
suits,   B    ri^'lit  of  way   for  a   diverting  canal    from    the    l£or- 
channel    to   the   Calaveras    River   east   of   tt     eity   of 
tun,   in   San   Joaquio    County,   aiul   along   the   channel 
dd  Calaveras  B  far  as  may  be  o<  lessary  accord 

iag  to  thi  surveys  for  such  canal,  adopted  by  the  United 
Btatea  government,  and  to  employ  such  counst  1  and  other 
necessary  to  conduct  such  suits  an  l 
obtain  iaid  right  of  way  and  to  fix  the  compensation  of 
such    counsel    and    such    as- 

The  sum  of  sixty  thousand  dollars  is  hereby  ap- 
propriated   out    of    any    money    in    1  treasury    not 
appropriated,   to   pay   for  said   right  of   way  and 
the  costs  of  obtaining  the  same,  to  b«    paid  to  the  auditing 
I    of    th(                           r    of    public    works,    to    be     ex- 
ed  for  the  purposes  in  this  •■■<■*  specified. 

The  controller  is  hereby  directed  to  draw  his 
warrant  in  favor  of  said  auditing  board  for  the  amount 
appropriated  by  this  act,  and  the  treasurer  is  hereby  di- 
rected   to    pay    the    same. 

t.     This    act    shall    take    effect    from    and    after    th< 
firsl   day  of  January,  A.   D.,  nineteen   hundred  and   four. 

ACT    2893. 

To    provide    for,    insure,    and     maintain     preference     in     the 
appointment,    employment,    and     retention     in    the     pub- 
lic and     upon    public    works    of    the    stat 
California,   of    honorably    discharged    ex-Union   soldiers, 
sailors,    and     marines    of     the     war     of    the     rebellion. 

I  Approve, l   March   81,    1891.     Stats.   1891,  p.  289.] 

ACT  2894. 

An  act  fixing   thfl    minimum   rate   of  compensation    for  labor 

on    public    work. 

[Approve, i  V  997.     81  its.  1897,  p.  90.J 

Cm.1.    Rep.   Clt.     127,    102;     13«.   5JS. 


1047  PUBLIC    WORKS.  Act  2892,  §  1 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  minimum  compensation  to  be  paid  for 
labor  upon  all  work  performed  under  the  direction,  con- 
trol, or  by  the  authority  of  any  officer  of  this  state  acting 
in  his  official  capacity,  or  under  the  direction,  control,  or 
by  the  authority  of  any  municipal  corporation  within  this 
state,  or  of  any  officer  thereof  acting  as  such,  is  hereby 
fixed  at  two  (2)  dollars  per  day;  and  a  stipulation  to  tha? 
effect  must  be  made  a  part  of  all  contracts  to  which  the 
state,  or  any  municipal  corporation  therein,  is  a  party; 
provided,  however,  that  this  act  shall  not  apply  to  persons 
employed  regularly  in  any  of  the  public  institutions  of  the 
state,  or  any  city,  city  and  county,  or  county. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT  2895. 

An  act  to  secure  the  payment  of  the  claims  of  material- 
men, mechanics,  or  laborers,  employed  by  contractors 
upon    state,    municipal,    or    other   public   work. 

[Approved  March  27,  1897.    Stats.  1897,  p.  201.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Every  contractor,  person,  company,  or  cor- 
poration, to  whom  is  awarded  a  contract  for  the  execution 
or  performance  of  any  building,  excavating,  or  other  me- 
chanical work,  for  this  state,  or  by  any  county,  city  and 
county,  city,  town,  or  district  therein,  shall,  before  enter- 
ing upon  the  performance  of  such  work,  file  with  the 
commissioners,  managers,  trustees,  officers,  board  of  super- 
visors, board  of  trustees,  common  council,  or  other  body 
by  whom  such  contract  was  awarded,  a  good  and  sufn>i<  nt 
bond,  to  be  approved  by  such  contracting  body,  officers, 
or  board,  in  a  sum  not  less  than  one-half  of  the  total 
amount  payable  by  the  terms  of  the  contract;  such  bond 
shall  be  executed  by  the  contractor,  and  at  least  two 
sureties,  in  an  amount  not  less  than  the  sum  specified  in 
the  bond,  and  must  provide  that  if  the  contractor,  person, 
company  or  corporation,  fails  to  pay  for  any  materials  or 
supplies  furnished  for  the  performance  of  the  work  con- 
tracted to  be  done,  or  for  any  work  or  labor  done  thereon 
of   any   kind,    that   the    sureties   will    pay    the    same,    in   an 


PUBLIC     WORKS. 


amount    i  Ling    the   sum   Bpecified    in   tin.-    bon<l;    pro- 

\iili.!,  that  such  claims  shall  be  filed  as  hereafter  required. 

\nv  materialman,  person,  company,  or  corpora- 
tion, furnishing  materials  or  supplbs.  nsi  .1  in  the  per- 
formance of  the  work  contracted  to  be  or  per* 
form i  <1.  or  amy  person  whs   p<  rfovmed  work   or  lalbor  upon 

the    same    or    any    person    who    supplies    both    work    ami    ma- 
terials,   nnd    whose    claim    I  by    the 
tractor,  company,  or  osrporation,  to  whom  the  contract  has 
awarded,  shall,  within  thirty  days  from  the  time  such 
work    is                    [,   filr    with   the   commissioners,    n 
tins*                         board    of    supervisors,   board  atf   trash 
common  council,  «>r  other  body  by  whom  saeb  con  brad 
awarded,  a  verified  statement   of  su<-h  claims,  together  with 
nt  that  tin-  same  I                       paid.     At   aay  time 
within   niiii  ty  days  after  the  filing  of  such   claim,  the   per- 
son,    company,    or    corporation    filing    the    same    may    a 
raencs  an  action  against  tin    sureties  on  the  bond,  specified 
and  cequiri  '1  by  Bection  one  hereof. 

•    3.     Thi  !1  take  effect   Immediately. 

ACT  2896. 

An    act    to    regulate    the    erection  of  public  buildings  an. I 
structui 

[Approved  April    1,   ls7:2.     Stats.   1871-2,  p.  025.] 
Cai 

l'lans  and  specifications— Advertisement. 

Section     1.      When    by    any    statute    of    thi-  \vi  r    is 

given    to    any    state    or    county    officer    or    i  t    to    any 

board   of   supervisors  or   corporation,   or   any  beard    of    trus 

-   or   commissioners,   or   other   person  ated 

or    appointed    by    authority   of   any    Buch    statut-  .  \    or 

cause    to   hi'   erected    or   constructed,   anj  mnty 

or  other  building  or  structure,  it  shall  be  the  duty  of 
officer  or  officers,  board  "f  Bupervi  rporation,  or  boar.: 

of  trustees,  or  commissioners,  or  other  person   or  j 
advertise  for  plans  and  specifications  in  detail  for  said  build- 
ing or  other  structure,  ami   to  state   in   said   advertisement 
the  amount  authorized  by  law  or  otherw  tided 

f  r  the  erection  of  saiil  building  or  structure;   and  also 
premium    to    be    awanl.il    to    the    architect    whose    plans    au.l 
specifications    for  may    In 


1049  PUBLIC    WORKS.  Act  2836,  5  2-4 

Architect's    bond    for    contract. 

Sec.  2.  Whenever  the  plans  and  specifications  of  any 
architect  shall  be  adopted,  such  officer  or  officers,  board 
of  supervisors,  or  corporation,  or  board  of  trustees  or  com- 
missioners, or  other  person  or  persons  so  adopting  the  same, 
shall,  before  any  premium  shall  be  awarded  for  such  plans 
and  specifications,  require  such  architect  to  execute  and 
file  with  such  officer  or  officers,  board  of  supervisors,  cor- 
poration, or  board  of  trustees  or  commissioners,  or  other 
person  or  persons,  a  good  and  sufficient  bond,  with  two 
sufficient  sureties  thereto,  iu  the  penal  sum  of  five  thousand 
dollars,  to  be  approved  by  such  officer  or  officers,  board  of 
supervisors,  corporation,  or  board  of  trustees,  or  commissioners, 
or  other  person  or  persons,  as  the  case  may  be,  and  condi- 
tioned that  within  sixty  days  from  the  date  of  said  bond 
he  will,  on  presentment  to  him,  enter  into  a  contract  con- 
taining such  provisions  and  conditions  as  may  be  required 
by  such  officer  or  officers,  board  of  supervisors,  corpora- 
tion, or  board  of  trustees,  or  commissioners,  or  other  per- 
son or  persons;  and  also  conditioned  that  he  will  give  such 
further  bonel  to  secure  the  faithful  performance  of  such 
contract,  with  such  sureties  as  may  be  required  of  him,  in 
the  event  that  such  officer  or  officers,  board  of  supervisors, 
corporation,  or  board  of  trustees  or  commissioners,  or  other 
person  or  persons,  so  acting  under  authority  of  law,  should, 
within  said  sixty  days,  require  said  architect  to  enter  into 
such  contract  to  erect  such  building  or  structure,  at  the 
price  named  in  said  advertisement  to  be  expended  for  such 
purpose.  In  case  said  architect  whose  plans  and  specifica- 
tions are  adopted  should  enter  into  such  contract,  it  shall 
be  the  duty  of  such  officer  or  officers,  board  of  supervisors, 
corporation,  or  board  of  trustees  or  commissioners,  or  other 
person  or  persons,  to  employ  a  competent  architect  or  super- 
intendent to  superintend  the  erection  of  such  building  or 
structure,  and  to  see  that  such  plans  and  specifications  are 
faithfully    carried    out. 

When    contracts    void. 

Sec.   3.     All   contracts  entered  into  by  such   officer  or  of- 
ficers,  board   of   supervisors,   corporation,    board    of    trus4 
commissioners,    or   other   person   or   persons,   in   violation   of 
the  provisions  of  this  aet,  shall  be  null  and  void. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Superseded   as   to   state   officers   and    works   by   the   following   act:— 


".  §  1  PUJ  :KS.  HkiO 

ACT  2897. 

An  ai't   ti>  regulate  contracts  on  behalf  of  the  state,  in  rela- 
tion ids   ar.<l   buildings. 

[Approved  March  23.  ta.  1S75-6,  p.  427. J 

Ar  VMS.    416. 

Cal.    Rep.    Clt.     111.   6S2;     111.   587. 

■'  irnishort. 

•  n    1.    That    in   al  the   commissioners, 

directors,    trustees,    or  >r    officers,    to    whom 

nfidi  '1  by  law  the  duty  of  ad  superintending 

the  Idition     to,   or   improvement    of 

lum,     or      ot  in  r      improvemi  nt, 
t.  .!,    or    •  '.    by    the 

■h     coma  I  s,     or     ol 

r   oi  before   <  utering    into  I  racl    for 

the    erection,  alteration,    addition    to,    or    imj 

• ; ? u t i«.n.  asylum,  or  other  improvement,  or  for  the 
supply  of  materials   therefor,   tb<  >f   which 

nt,     ami     ma- 
terals   ti  thousand  dollars, 

shall   make,  or   pr  s   full,  complete,  and 

accurate  plan  or  plans  of  such  institution,  asylum  or  other 
Improvement,  .   or   nit.  ration   or   im- 

provement  thereof,  in  all   ;'  ill   the  nt 

•     with    working     plans 
Bui  table    for    •  >f    the    mi  -    builders 

<]•  ring  ti  iction   thereof,  so  drawn  and  nted 

plain    ai  od,   and 

t    am. Mint    of   all    tho    different    kin.ls 
in    the    ereetion    thereof,    addition 
■  n    or    improvement    tl 
'  m   or   plans;   and   also    full    an.l 

•  k  the  mi 
and   Btyle   in   which   th<  I   to  1"    done, 

giving    Buch  :u,.v 

oompetenl    mechanic    or   othrr   builder    to    carry    them 

an.l    afford     th  Iful     information     t 

tin  in   to  r<  [uir<  '1  ii  '  ion, 

addition  '    wieh  institution, 

hi  r    improvi  D  to    make,    or 

and  cop  mate  of    • 

it,., I,  '  such    in- 

stitution,   asylum,   ur    .  or  of  addi- 


1051  PUBLIC    WORKS.  Act  2807,  §§  2,  3 

tion     to,     alteration     or    improvement    thereof,    when    com- 
pleted. 

Plans,   etc.,   to  be   approved  by  governor,   treasurer,   and   se- 
retary  of  state. 

Sec.  2.  That  such  plans,  drawings,  representations,  bills 
of  materials,  and  specifications  of  work,  and  estimates  of 
the  cost  thereof,  in  detail  and  in  the  aggregate,  as  are  re- 
quired in  the  first  section  of  this  act  to  be  made,  shall  be, 
when  made,  submitted  to  the  governor,  state  treasurer, 
and  secretary  of  state,  for  their  approval,  and  if  approved 
by  them,  a  copy  thereof  shall  be  deposited  and  safely  kept 
in  the  office  of  controller  of  state. 

Sealed  proposals,  notice  of. 

Sec.  3.  That  after  such  plans,  descriptions,  bills  of  ma- 
terials, and  specifications  and  estimates  as  are  in  this  act 
required  are  made  and  approved,  in  accordance  with  the 
requirements  of  this  act,  it  shall  be  and  is  hereby  made 
the  duty  of  such  commissioners,  directors,  trustees,  or  other 
officer  or  officers  to  whom  the  duty  of  devising  and  super- 
intending the  erection,  addition  to,  alteration,  or  improve- 
ment of  such  institution,  asylum,  or  other  improvement  as 
in  this  act  provided,  to  give  or  cause  to  be  given  public 
notice  of  the  time  and  place  when  and  where  sealed  pro- 
posals will  be  received  for  performing  the  labor  and  furnish- 
ing the  materials  necessary  to  the  erection  of  such  institu- 
tion, asylum,  or  other  improvement,  or  for  the  adding  to, 
altering,  or  improvement  thereof,  and  a  contract  or  contracts 
based  on  such  sealed  proposals  will  be  made,  which  notice 
shall  be  published  weekly  for  four  consecutive  weeks  next 
preceding  the  day  nameel  for  the  making  of  such  contract 
or  contracts,  in  the  paper  having  the  largest  circulation  in 
the  county  where  the  work  is  to  be  let,  and  in  three  daily 
papers  having  the  largest  circulation  and  published  one  in 
each  of  the  cities  of  Los  Angeles,  Sacramento,  and  San 
Francisco,  also  in  a  newspaper  having  a  general  circulation 
in  the  county  where  the  work  is  to  be  let,  and  shall  state 
when  and  where  such  plan  or  plans,  descriptions,  bills,  and 
specifications  can  be  seen,  and  which  shall  be  open  to  public 
inspection  at  all  business  hours  between  the  date  of  such 
notice  and  the  making  of  such  contract  or  contracts;  pro- 
vided, however,  that  the  rates  of  said  advertisements  shall 
not  exceed  the  regular  advertising  rates  for  similar  matter, 
whether  public  or  private,  in  such  paper  or  papers.  The 
aforesaid   notice   must   state    that   separate   bids   will   be   re- 


.  $4  rr:  ucs,  1052 

li  t    for   the    performance   of 

.   addition,  al- 

•        furnishing   of   ma- 

•  ir,    viz.:     first,    for    the 

etta,   and 

ta   and    oiling; 

md,  for  thi  1  he   carpenter,  plasti  r- 

plumbing  and 
Btl  ing    W<  (    ,-k  ;   sixth,   for  the 

•  . .nth. 

for  ;  ball  l"    in  all 

•   • 

said    eom- 

■  bi  r    offic*  r    or    nil,- 
I  An  '  5j    p,    1 16. 

in  1  ii'.  cl  inum  diately.] 

' 

on    the   day    named    in    said    public    notice, 
s;ii,|    eon  offie<  r    or    offi- 

to  publiely  open  said  Bealed 

II   ;iw;ir.!  >ir   contracts   for 

doii  i  :  k  and  furnish  •  the 

ivided    alwi 
that    ii"    pro|  M    accompanied 

with  a  bond  of  sai.l   pi  to  I-  M    per  cent  of  his 

indit  ioni  .1    thai    if 
thi     1  *:nt  \     1  will    duly 

r   into   :i    propei  dthfully   perform   his  or 

theii  dance   with    said    pro- 

descriptions, 
which  shall  i>.   and  ar<    b<  r<  •  contract 

ntraet   or 
rati!   they  :irr 
■    him  found  t 
in  ai  »  of  this  act,     ad  hie  oertifi- 

1  provided  further,  that 

if   in   the  opinion   of  a  tors, 

or  o(  -     bid  or 

bids  shall  nol   l"    for  •  -.  it   may 

wml  for  them,  w  ittcn  advici    and  consent  of 

• 
Buch    pr.  •  il,    as   in    their   opinion 

may    be    I"  tt«I    foi  e,   01     r-  _,,  ,-t    all 


1053  PUBLIC    WORKS.  Act  2S97,  §  §  5,  6 

proposals  and  advertise  for  others  in  the  manner  aforesaid. 
All  contracts  shall  provide  that  such  commissioners,  direct- 
ors, trustees,  or  other  officer  or  officers  may,  as  hereinafter 
provided,  and  on  the  conditions  stated,  make  any  change  in 
the  work  or  materials. 

No  change  in  plan  to  be  made  unless  approved  as  original. 

Sec.  5.  That  no  change  of  the  plan  or  plans,  descrip- 
tions, bills  of  materials,  or  specifications  which  shall  either 
increase  or  decrease  the  cost  of  said  institution,  asylum, 
building,  or  improvement,  exceeding  the  sum  of  one  thou- 
sand dollars,  shall  be  made  or  allowed  after  they  are  once 
approved  and  filed  with  the  controller  of  state  as  herein 
required,  until  such  proposed  change  shall  have  received  the 
approval  of  the  governor,  state  treasurer,  and  secretary  of 
state;  and  when  so  approved,  the  plan  or  plans  of  such 
change,  with  the  description  thereof,  and  the  specifications  of 
the  work,  and  bills  of  material,  shall  be  filed  with  the  con- 
troller of  state  in  the  same  manner  as  required  before  such 
change  was  made;  and  no  allowance  whatever  shall  be  made 
for  work  performed  or  materials  furnished  under  such  change 
of  plan  or  plans,  or  descriptions,  or  specifications,  or  bills 
of  materials,  unless,  before  such  labor  is  performed  and 
materials  furnished,  a  contract  or  contracts  therefor  is 
made  in  writing,  which  contract  or  contracts  shall  show  dis- 
tinctly the  nature  of  such  change,  and  shall  be  subject  to 
all  the  conditions  and  provisions  herein  imposed  upou  the 
original  contracts,  and  be  subject  also  to  the  approval  of 
the  attorney-general  as  hereinbefore  provided;  provided,  that 
all  changes  in  the  contract  exceeding  five  hundred  dollars 
shall  be  by  contracts  in  writing,  with  full  specifications  and 
estimates,  and  shall  become  a  part  of  the  original  contract, 
ami  shall  be  BJed  with  the  controller  of  state,  with  the  o 
inal  contract;  and  provided  further,  that  the  amount  of  such 
change  in  the  contract,  plans,  descriptions,  bills  of  materials, 
or  specifications  shall  uot,  in  the  aggregate,  increase  the 
cost  of  construction  of  said  institution,  asylum,  building,  or 
improvement  more  than  three  per  centum  of  the  original 
contract  price  or  cost. 

Whole  cost  not  to  exceed  amount  authorized  by  law. 

Sec.  6.  That  no  contract  or  contracts  shall  be  made  for 
the  labor  or  material  herein  provided  for  at  a  price  in  ex- 
cess of  the  entire  estimate  thereof  in  this  act  required  to 
be  m;'  'e,  and  the  entire  contract  or  contracts  shall  not,  in- 
cluding estimates  of  expenses  for  architects  and  otherwise,  ex- 


Act  2897,  §§  7.  8  n-RLIC    WOI:  1054 

te  the  amount  authorised  by  law  for  such 

institution,  asylum,  building,  or  Other  improvement,  or  such 
addil  r  alteration  or  improvement   thereof,  undei  tin 

of  section  tin  of  this  act  hen  in  after  provided. 

Directors,  etc.,  to  estimate  labor  and  materials,  and  amount 
due. 

Li    tin    timo  or  tim  i   named   in   the  cunt' 
contracts    made    anil    filed    with    the    controller    of    state,    or 
which    lias   been  made    and    filed    with    him,    in 

nth    the    provisions   of   this   act,    for    payment 
e  person  or   ;  irith  whom  such  contract  or  con- 

tracts  had  been  made,  it   shall  be  and  is  hereby  made  the 

duty     of     the     con.'  rS,      trusties,    or      other 

to    whom  the  duty  of  super- 

intending    tie  of   Buch    institution,    asylum,    build- 

ing,  or   improvement,  or  adding   to,  altering,  or   impnn 
the   same,   to   make  or  •   b<    made  a   full,  aeetu 

an. I  detailed  estimate  of  the  various  kin. Is  of  labor  per- 
formed and  materials  furnished  under  bucd  contract  or  con- 
tracts, with  the  amount  du(  for  each  kind  Of  labor  and 
materials,    and    the    amount    due    in    thi  which    es- 

timate shall  be  based  upon  an  actual  measurement  of 
tin    laboi  .         rme, |   and   materials  so   furnished,   which 

mate  shall,  in  all  a  th<    amounts  of  the  prei 

tng  est  i  the  amount  of  labor  performed 

ami   materials   furnished   rim  mate,   which    ■ 

so  made,  as  in  this  act   required,  shall  be 
rded  in  a  book  for  that  purpose  ;•>  l"-  provided  and  kept, 

or   cause. 1    to    be    kept,    by     the     said     conn. 

trustees,  or  otl  and  a  certified  copy  thereof, 

addressed  te  the  controlled  oi  the  said  eommissioi 

directors,  trustees,  or  i  i   or  officers,  <>r  by  such  per- 

pon  as  they  i  for  that   purpi  1  to 

the  i  titled  thereto;    provided,  thai 

upon  all  estimates  of  matei  delivered,  ami 

not  actually    having  into  ami  i    part  of 

institution,  building  or  other   improvement,  there  shall   not    lie 

paid,   until    th.  II   be    ii rporated    into   ami    Income   a 

pari    ,ii    said    institution,   building,   or   other   improvement,  ex- 
g    tilts     per   centum    of   such    estim.' 

Controller  t..  >ct. 

11  l.e   the   duty  of  the  controller  of  state,  on 
the  r.  cm;  I  approi  ed,  to  com 

fully    the    -am.'    with    the    contract    or   contracts    under 


1055  PUBLIC    WORKS.  Act  2897,  §§  9,  10 

which  labor  was  done  or  materials  furnished,  and  if  there  had 
been  any  previous  estimates,  then  with  such  estimates;  and 
if,  upon  such  comparison,  he  shall  find  such  last-named  esti- 
mate in  all  respects  correct,  he  shall  number  the  same,  place 
it  on  file,  and  have  a  record  thereof  made,  and  give  to  the 
person  or  persons  entitled  thereto',  taking  his  or  their  receipt 
therefor,  a  warrant  on  the  treasurer  of  state  for  the  amount 
shown  by  such  estimate  or  estimates  to  be  due,  less  the  amount 
of  ten  per  centum  thereon,  which  shall  be  retained  as  an  ad- 
ditional security  for  the  faithful  performance  of  his  or  their 
contract  or  contracts,  and  shall  be  forfeited  to  the  state  in 
the  event  of  a  failure  of  such  contractor  or  contractors  to  con- 
form in  good  faith  to  the  terms  and  conditions  of  such  con- 
tract or  contracts ;  but  when  the  labor  to  be  performed  and 
materials  furnished,  under  such  contract  or  contracts,  is  per- 
formed and  furnished,  and  a  final  estimate  thereof  made,  the 
controller  of  state  shall  include  in  the  warrant  or  warrants 
for  the  amount  of  such  last  estimate  the  percentage  retained 
on  former  estimates. 

Sec.  9.  The  treasurer  of  state  shall  pay  the  warrants  is- 
sued by  the  controller  of  state,  under  and  by  virtue  of  the 
provisions  of  this  act,  placing  the  same  on  file,  and  keeping  a 
register  of  the  names  of  the  person  or  persons  to  whom  such 
warrants  are  paid. 

Officer  making  fraudulent  plans  or  estimates. 

Sec.  10.  Any  commissioner,  director,  trustee,  or  other 
officer  or  person  otherwise  appointed,  whose  duty  it  is  to  sup- 
erintend, in  whole  or  in  part,  the  erection  of  such  institution, 
asylum,  building,  or  improvement,  or  of  adding  to,  altering, 
or  the  improvement  thereof,  or  the  making  of  the  plans,  de- 
scriptions and  specifications  of  the  labor  to  be  performed  and 
materials  to  be  furnished,  as  provided  in  this  act,  and  the  es- 
timates of  the  cost  thereof,  or  the  estimates  of  the  amount  of 
labor  done  and  materials  furnished  from  time  to  time,  under 
and  in  accordance  with  the  terms  and  conditions  of  the  con- 
tracts in  this  act  authorized  to  be  made,  and  the  provisions  of 
this  act,  who  shall,  in  the  performance  of  the  duty  herein  im- 
posed upon  him  or  upon  them,  knowingly  make  incomplete  or 
fraudulent  plans,  drawings,  bills  of  materials,  specifications 
of  work,  or  estimates  of  the  cost  thereof,  or  permit  the  work 
in  any  other  manner  then  is  prescribed  in  such  plan; 
scriptions,  and  specifications,  or  with  materials  inferior  to 
that  required  by  such  bills  of  materials,  to  the  injury  of  the 
Btate;  or  shall  knowingly  make  false  estimi  the   labor 


Act  2897.  §J  11.  12  MC    WORKS.  WM 

done  or  materials  furnished,  cither  in  the  quantity,  or 
price  thereof,  to  (lie  injury  of  tbe  state;  or  any  con- 
tractor, or  any  agent  of  any  contractor  or  contractors,  who 
-hall  knowingly  permit  materials  to  be  used  or  work  to  be 
lone  inferior  to,  or  in  violation  of,  the  contract  of  such  con- 
tractor  or  contra. -tors  to  the  injury  of  the  state,  shall  bo 
•  med  and  held  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  entitled  in  the  state  prison  for  Dftt  leS9 
than  one  yi  ar  imr  more  than  five  years  and  be  liable  to  the 
state  for  double  the  amount  the  State  may  have  lost,  or  bo 
liable   to    lose,    by    reason    th>  reof. 

Attorney-general    to   enforce   contracts. 

8ec.    11.      It    shall     be     the    duty    of    the     attoriu  y  g.  n.  ral 

to    have   charge    of    and    direct    all    the    pro 1  ".*' 

to  enforce  toe  contracts  authorised  by  this  ad  and  the 
provisions   of    this  nst    such    parson,    or    persona    as 

become  liable  to  tin    penalties  herein  prescribed. 

rs    to   require    diligence    in    contra 
Sl ■''■    12.      Win ■m-ver,    in    tin     opinion    of    the   commissioners, 

directors,   trust.,s.  or  other  o&eera  charged   with   the  duty 

of  devising  and  superintending  the  friction,  alteration,  ad- 
dition to,  or  improveti  institution,  asylum, 
building,  or  other  improvement  u-ndet  this  act,  or  any  law 
t»f  this  state,  the  work  under  any  contract  made  in  pur- 
suance of  this  act.  or  any  such  law,  is  neglected  by  the  con- 
tractor   or    contractors,    or    that     I  ■  ited 

with   the  dil '.  -   ecified,   in.  ant,   or   intended 

iii  and  by  the  terms  of  the  contract,  it  shall  bi    lawful   for 
Mich     commissioners,    directors,     trustees,     or     other     offici  rs 
to   make   a   requisition   upon   such   contractor  or  contra 
for    such    additional    Specific    force,    or     for    such    additional 
tic  materials,  to  h<    brought   Intd  the  work  under  such 

tract,  or  to  remove  improper  materials  from  thi 

in  the  jtidgmi  d1  of  such  comi 

or  other  officers,  said  contract  and  its  due  and  faithful 
fulfillment  require)  of  which  action  of  said  board  or  other 
officers,  due  notice  in  writing  ol  not  1>  98  than  five  days, 
shall  be  Berved  upon  such  contractor,  or  his  or  their  agent 
Saving  charge  Of  the  Work.  And  if  BUCh  contractor  or 
contractors     fail     to     comply     with     such  a     within 

lifteen    days,   it   shall   be   lawful    for   said   cotnnii  lirec- 

.   or  other  officers,   with    thi  in   writ- 

.  of   the   governor,   treasurer  of   Btate,   and  ry   of 


PUBLIC    WORKS.  aci  Z838 

state,  to  employ  upon  such  work  the  additional  force,  or 
supply  the  materials  so  specifically  required  as  aforesaid, 
or  such  part  of  either  as  they  may  deem  proper,  and  to 
remove  improper  materials  from  the  grounds;  and  it  shall 
be  the  duty  of  such  commissioners,  directors,  trustees,  or 
other  officers,  to  make  separate  estimates  of  all  such  ad 
ditional  force  or  materials  so  employed  or  supplied  as  afore- 
said, and  which,  being  certified  to  by  said  commissioners, 
directors,  trustees,  or  other  officers,  shall  be  paid  by  the 
controller  of  state  the  same  as  if  made  out  agreeably  to 
section  seven  of  this  act,  and  the  amount  so  paid  shall  be 
charged  against  said  contractor  or  contractors,  and  de- 
ducted from  his  or  their  next,  or  any  subsequent,  estimate; 
or  the  same,  or  any  part  thereof,  not  paid  as  aforesaid,  may 
be  recovered  by  action  from  such  contractor  or  contractors, 
and  their  sureties. 

Time    to   be    fixed   for   completion   of   contract. 

Sec.  13.  In  all  contracts  made  under  the  provisions  of 
this  act,  there  shall  be  a  provision  in  regard  to  the  time 
when  the  whole,  or  any  specified  portion,  of  the  work  con- 
templated in  said  contract  shall  be  completed,  and  also 
providing  that  for  each  and  every  day  the  same  shall  be 
delayed  beyond  such  time  or  times  so  named,  the  said  con- 
tractor or  contractors  shall  forfeit  and  pay  to  the  state 
a  sum  of  money,  to  be  fixed  and  determined  in  said  con- 
tract, to  be  deducted  from  any  payment  or  payments  due, 
or  to  become  due,  to  said  contractor  or  contractors. 

Applicable    to    former  contracts. 

Sec.  14.  All  contracts  now  made  and  not  performed, 
tor  the  erection,  alteration,  addition  to,  or  improvement  of 
any  state  institution,  asylum,  building,  or  other  improve- 
ment, shall,  as  far  as  practicable,  be  performed,  completed, 
and  enforced  and  settled  for  under  this  act,  or  may,  by 
the  consent  of  the  contracting  parties,  be  made  to  con- 
form to   and   proceed  under   the   provisions   of   this   act. 

Sec.  15.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions   of    this    act    are    hereby    repealed. 

Sec.  16.  This  act  shall  take  effect  from  and  after  its 
passage. 

ACT  2898. 

An    act    to    provide    for    the    completion    of    all    unfinished 
county,  city,  city  and  cOunty,  town,  and  township  build 
Gen.  Laws— 67 


Act  2S9S  Pl'm.ir    WORKS.  1051 

'   counties,  cities  and  counties,  cities, 
and   tii  ■  be  of  <  lalffornia; 

[Approved    March    10,    1887.     Stats.   1887,  p.  95.] 

Amen1  1^85.    166. 

Tal.    R.p     CM      96.    Mi     12S.    129. 

Construction  of  unfinished  buildings. 

ction    l.     In    the   event    thai    the   board   of   ropervi 

1    conuti<  ■         and    counties 

of  the  Btate  of  California   shall  deem   it   expedient   to  con- 
tinue   the   const  ruction    of   any    unfinished    county,    or    city 
r  town.  or  township  building  or  buildings  now 
in    the  they    are    hi  reby    author- 

empowered  to  express  such  judgment,  by  resolu- 
tion or  order,  in  such  form  :is  they  may  deem  proper;  and 
for    tiir    purpose    of    ra 

nlete  Baid  building  or  buildings  the  board  of  supervisors  of 

tl,,  and   cities  and  counties  of   the 

California   are   hereby   authorized   and   empowered 

to   lew   and  collect,  annually,  for   the  fiscal  year  commen- 

July    Bra  i  n     hundred     and 

thirtieth,  hundred    and    eighty-eight, 

each  and  every  fiscal  year  ng   the  eight 

one   mann<  r  and  at   the 
Buine    tin  '  '    '••■  i  -  lid    counties,    cities,    and 

towns,   and    •  and    cities    anil   counties   are    levied 

and  collected,  an  ad  valorem  property  tax  on  real  and  par- 
ty     within      the     sai.l     count ;  ties     and 

,.,,„,  ,  of  ten  cents  on  each 

hundred  dollars  of  vaJ  wn  by   the  assessment 

said    counties,    cil  and    countii  - 

;u.,i  •  ar;    provided,    the 

mom  a    und<  r    the    pro* i  '    shall   be 

oded  only   in   the   manner  and   for  the  purpoaes  author- 

ithorizing  the  construe- 
buildiug    or   buildings;    and    provided    fui 
that  no  part  of  sai.l  n  o  !  for  the  pur. 

or   other    office    furnishings 

Dl    the    rooms  or  oil       -  pleted    and    in    us.'   at    th<     tii 

tl„,  .        •     nor  for  any    turn.  Bee 

•    be 

compb  I-  nn    °*n" 

;1HV  •    .     |..  rman.nt   struc- 

or    arrangenu  nt   of  such  offices  or  rooms;    and   it    la 


1059  PUBLIC   WORKS.  AM  2-*39 

further  provided,  that  whenever,  in  the  j  dgment  of  the 
board  of  supervisors  of  the  several  counties,  cities,  and 
cities  and  counties,  of  the  state  of  California,  or  of  any  per- 
son or  persons,  board,  or  commission  having  charge  of 
any  building  or  buildings  now  in  the  process  of  construc- 
tion, it  shall  be  deemed  necessary  for  the  preservation  of 
tiiC  building  or  buildings,  or  convenient  occupation  thereof, 
or  the  improvement  or  maintenance  of  sanitary  conditions 
therein,  or  the  protection  of  life,  to  make  repairs  on  said 
building  or  buildings,  or  alterations  thereof  not  inconsis- 
tent with  the  accepted  plan  of  the  building  or  buildings, 
the  board  of  supervisors,  person  rr  persons,  board,  or  com- 
mission having  legal  charge  of  the  same,  shall  have  the 
power  to  expend  in  any  one  year  on  such  repairs  or  altera- 
tions, exclusive  of  the  cost  of  repairs  or  alterations  on 
the  roof  or  roofs  thereof,  the  sum  of  ten  thousand  dollars, 
and  no  more;  which  sui  may  be  expended  without  re- 
gard to  any  of  the  requirements  of  any  act  or  acts  author- 
izing the  construction  of  the  buildings  or  buildings,  if  the 
amount  expetded  at  any  one  time  does  not  exceed  the  sum 
of  one  thousand  dollars;  but  whenever  an  expenditure  in 
excess  of  the  sum  o  one  thousand  dollars  should  be  re- 
quired, it  shall  be  made  according  to  the  provisions  of  the 
act  or  acts  authorizing  the  construction  of  the  building  or 
buildings.  |  Amendment  approved  March  26,  1895.  Stats. 
1895,   p.   166.     In   effect   immediately.] 

Sec.  2.  All  laws  now  in  force,  except  in  so  far  as  they 
relate  to  the  levy  and  collection  of  taxes  for  the  completion 
of  any  county,  or  city  and  county,  or  city,  or  towns,  or 
t,  wnships  building  or  buildings,  are  hereby  continued  in 
full  force  and  effect. 

ACT  2899. 

An  act  concerning  .he  completion  of  unfinished  public 
buildings  in  any  county,  city,  city  and  county,  or  town 
in  this  state,  and  permitting  alterations  of  the  original 
plans  or  designs  for  the   construction  thereof. 

[Approved  March  26,  1895.     Stats.  1895,  p.   165.J 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section   1.     Where   there   are   any  unfinished  public  build- 
ing   or    buildings    now    in    p-ocess    of    construction    in    any 
county,    city,    city    and   county,  or   town  in   this  state,  the 


Act  2&00  BUC   WORK?. 

■  r    other    governing    busty    of    any 
Bounty,  <-ity.  city   and  county,  or  'own.  or  any  commission 
•  I   n\    an   ad   of  the  legislature,  having  in   charge   the 
traction   of    Buch    unfinished    building,    shall    have   t h<- 
ri^rlit   in   ■  true  i « •  1 1   thereof  to  omit   from  the  original 

or  adopted  plan  tie  n  tor  racfa  p.irt  or  c^rts  as  in  their  judg- 
ment they  shall  •  '■■  to  1>"  lift  out;  provided, 
no  let  for  the  construction  of  such 
part  or   parts.      It.  in  the  ju  I      the  ptth 

lie    z I    r<  i|i  according   to    law 

for  the  construction,  in  whole  or  in  part,  of  the  unfinisbi  rl 
portions  of  such  public  building  <>r  buildings  in  accords 

with    such    aid ti  cl    plan.      When    the  I]     lrivr    | 

itraeted  in  aeeordanoi    with  such  altered  plan,  tin-  build- 
ing shall  b<    '  i  completed. 

r,  during  the  construction  of  such   pub- 
lie   building  or  buildings,   changes   in    the   origins.]   plans  or 
been   made,  and  for  the 

construction  of  the  work,  in  whole  or  in  part,  in  accord- 
anc.'  with   the  altered  plant  have  been  entered 

into  by  the  board  of  supervisors,  or  other  governing  body 

of    any    county,    city,    city    and    COUnl  TO,    ur    by    the 

commission  having  the  construct!)  a   thereof  in  charge,  the 
said  alteration  of  the  original   plans  or  designs  that   have 
madi    anri  con t rn  thai   have  been  entered 

hereby   ratified,   approved,   ami   confti 

I    from   and   aft.  r   it 

I 

ACT  2900. 

An  act  authorizing  the  Incurring  of  indebtedness  by  eil 

,u.l   municipal   corporations,   incorporated   under 
the   laws  of   this  r   the  construction   of   >\ 

works.  Bewers,  and  all  aecessary  public  improve:; 
or  for  any  purpose  whatever,  and  to  repeal  th 
approved  March  :'.  1885,  entitled  "An  act  to  authorise 


1061  PUDLIC   WORKS.  Act  2900,  §  §  1,  i 

municipal  corporations  of  the  fifth  class,  containing 
more  than  three  thousand  and  less  than  ten  thousand 
inhabitants,  to  obtain  water-works";  also  to  rtpeal  an 
act  approved  March  15,  1887,  entitled  "An  act  authoriz- 
ing the  incurring  of  indebtedness  by  cities,  towns,  and 
municipal  corporations,  incorporated  under  the  laws  of 
this  state." 

[Approved  March  19,  1889.     Stats.  1889,  p.  399.] 
Amended  1891,   84,    94,   132;     1893,   91. 
Cal.    Rep.    Cit.     138,    243;     142,   699;     142.    700;     142,   701;     144,   393. 

Of  the  last  amendment,  the  code  commissioners  say:  "This  latter 
amendment  attempted  to  be  repealed  by  1897,  97,  but  such  repeal  de- 
clared   unconstitutional   In   City    of    Los    Angeles   v.    Hance,    122   Cal.    78." 

Municipal  corporations  may  incur  indebtedness. 

Section  1.  Any  city,  town  or  municipal  corporation,  in- 
corporated under  the  laws  of  this  state,  may,  as  hereinafter 
provided,  incur  indebtedness  to  pay  the  cost  of  any  munici- 
pal improvement,  or  for  any  purpose  whatever  requiring  an 
expenditure  greater  than  the  amount  allowed  for  such  im- 
provement by  the  annual  tax  levy. 

Manner  of  procedure. 

Sec.  2.  Whenever  the  legislative  branch  of  any  city, 
town,  or  municipal  corporation  shall,  by  ordinance*  passed 
by  a  vote  of  two-thirds  of  all  its  members,  and  approved 
by  the  executive  of  said  city,  town,  or  municipal  corpora- 
tion, determine  that  the  public  interest  or  necessity  ds- 
mands  the  acquisition,  construction,  or  completion  of  any 
municipal  buildings,  bridges,  water-works,  water-rights, 
sewers,  or  other  municipal  improvements,  the  cost  oi 
which  will  be  too  great  to  be  paid  out  of  the  ordinary  an- 
nual income  and  revenue  of  the  municipality,  they  may, 
after  the  publication  of  such  ordinance  for  at  least  two 
weeks  in  some  newspaper  published  in  such  municipality^ 
and  at  their  next  regular  meeting  after  such  publication,  or 
at   an    adjourned   meeting,   by   ordinance   passed    by   a   vote 


Act  2900  §  t  prm-ic  works.  vm 

of  two-thinls  of  all  its  members,  nnd  also  approved  by  the 
said  executive,  call  a  special  election  ami  submit  to  the 
qualified  voters  of  said  city,  town,  or  municipal  corpora- 
tion, the  proposition  for  the  pur  forts  in  the  ordi- 
nance, and  no  question  other  than  the  incurring  of  indebt- 
edness  for  said  purpose  shall  be  submitted.  The  ordins 
calling  such  special  election  shall  recite  the  objects  and 
purposes  for  which  the  indebtedness  is  proposed  to  be  in- 
curred, the  estimated  cost  of  the  proposed  public  impn 
ment,  the  necessity  for  such  improvement,  and  thai  bonds 
of  the  municipality  shall  issue  for  the  payment  of  the 
cost  of  such  improvemi  nt.  as  in  sueii  ordinance  set  forth, 
if  the  proposition  be  accepted  by  the  qualified  voters,  as 
hereinafter  provided,  and  shall  fix  the  day  on  which  such 
special  election  shall  be  held,  the  manner  of  holding  such 
election,  and  the  voting  for  or  against  incurring  such  in- 
debtedness; such  election  shall  be  held  as  provided  by  law 
for  holding  such  elections  in  such  city,  town,  or  municipal 
corporation;  provided,  however,  that  where  by  the  terms 
or  provisions  of  the  charter  of  any  city,  town,  or  municipal 
corporation,  the  cost  of  making  the  proposed  improvements 
is  to  be  or  must  be  paid  from  a  special  fund  created  by 
such  charter  for  that  purpose,  the  proposition  of  incurring 
such  an  indebtedness  may  be  submitted  to  the  qualified  vot- 
ers at  any  general  election  for  officers  of  the  state  of  Cali- 
fornia or  of  such  city,  town,  or  municipal  corporation. 
[Amendment  approved  March  11,  1891.     Stats.  1S91,  p.  94.] 

Publication    of    intention    to    incur    indebtt  dness. 

Sec.  3.  Such  ordinance  shall  be  published  once  a  day 
for  at  hast  ten  days,  or  once  a  week  for  two  weeks,  1"  fort 
the  publication  of  the  notice  of  the  special  election,  in 
some  newspaper  published  in  such  municipality.  After 
said  publication,  said  legislative  body  shall  causi  to  be 
published,  for  not  less  than  two  weeks,  in  at  hast  one  of 
the     newspapers     published    in    such    municipality,    a    not 

of  such   special    election,    the   purpos  rhich      the   in- 


1063  PUBLIC    WORKS.  Act  2900,  j§  4-C 

debtcdness  is  to  be  incurred,  the  number  and  character 
of  the  bonds  to  be  issued,  the  rate  of  interest  to  be  paid, 
and  the  amount  of  tax  levy  to  be  made  for  the  payment 
thereof.  It  shall  require  the  votes  of  two-thirds  of  all 
the  voters  voting  at  such  special  election  to  authorize  the 
issuance  of  the  bonds  herein  provided. 

Plans  and  estimates  of  improvements. 

Sec.  4.  It  shall  be  the  duty  of  the  legislative  branch 
of  any  municipality  contemplating  permanent  public  im- 
provements, to  first  have  plans  and  estimates  of  the  cost 
of  such  improvements,  made  by  a  competent  engineer  or 
architect  who  has  had  successful  experience  in  such  work, 
before  the  question  of  incurring  an  indebtedness  for  such 
improvement  is  submitted   to  vote. 

Limit  of  indebtedness. 

Sec.  5.  No  city,  town,  or  municipal  corporation  shall 
incur  an  indebtedness  for  public  improvements  which 
shall,  in  the  aggregate,  exceed  fifteen  per  cent  of  the  as- 
sessed value  of  all  the  taxable  real  estate  and  personal 
property  of  such  city,  town,  or  municipal  corporation. 
[Amendment  approved  March  11,  1891.     Stats.  1891,  p.  84.J 

Character  of  bonds. 

Sec.  6.  All  municipal  bonds  for  public  improvements 
issued  under  the  provisions  of  this  act  shall  be  of  the 
character  of  bonds  known  as  serials,  and  shall  be  payable 
in  gold  coin  or  lawful  money  of  the  United  States,  in  the 
manner  following:  One  fortieth  part  of  the  whole  amount 
of  indebtedness  shall  be  paid  each  and  every  year,  on  a 
day  and  at  a  place  to  be  fixed  by  the  legislative  branch 
of  the  municipality  issuing  the  bonds,  together  with  the 
interest  on  all  sums  unpaid  at  such  date.  The  bonds  shall 
be  issued  in  such  denominations  as  the  legislative  branch 
of  the  municipality  may  determine,  except  tjjat  no  bonds 
shall  be  of  a  less  denomination  than  one  hundred  dollars 
uor   of   a   greater   denomination   than   one   thousand   dollars 


Act  2WX).   §5  7,  8  IMI.!. I."    WORKS.  *>« 

each,    payable    on    bbc    flay    ancl    at    the    place    flxi.l    in    Bitch 
l   with   interest   at    the  ified   in   tin-  bond. 

which  rate  shall  not  be  in  ezcesa  of  the  It  gal  rate  of  the 
state  of  California,  and  may  !>•  payable  annually  or  semi- 
annually. Sueh  bonfla  nay  he  issued  and  sold  by  the 
legislative  branch  of  the  city,  town,  or  municipal  corpora- 
tion, as  they  ■  rmine,  at  not  It  ss  tlian  their  face 
value,  in  gold  coin  of  the  United  States,  and  the  proceeds 
of  such  salf  shall  be  placed  in  tin  munieipal  treasury  to 
the  eredjl  of  the  jir«>[>t  r  improvement  fund,  ami  shall  in 
applied  exclusively  to  the  purposes  ami  objects  mentioned 
in  the  ordinance,  until  Buefa  objects  are  fully  aecomuiisbed, 

r    width,    if    any    swrplii-  I    surplus   shall    l>> 

transferred    to    th<  i   I    fund    of    Buch    municipality. 

[Amendment   approved   March    L,  1  ^T'-'t,   p.  Bl. 

In  effect  immediately.     Repealed  all  conflict 

This    section    w»»    In    turn    repealed    by    th«»    act    of    March    9. 
BtatJi.    U97,    p.    T.V     This   rcp.«l    was  declared    unconstitutional.     Bm    n  >t. 
at  head  of  this  act. 

Bate    of   inter 

Sec.    7.     The    leg  branch     of    any     city,     town,     or 

municipal    corporation,    issuing     bonds     under     authority 
this   act,  shall   have   the   ri^ht    to   determine   tl  :'  in- 

tt  r.->t    such    bonds    shall    bear;    provided,    that    in    no    • 
shall  it  exceed  sei  per  annum,  and  to  name  the 

date  and  place  »frbere  such  bonds  and  interest  shall  be 
paid;  provided,  that  the  ['lace  of  payment  shall  be  either 
at  the  office  of  tin  treasurer  of  the  municipality,  or  at 
some  designated  bank  in  San  Francisco,  Ohieago,  New 
fork,  or  Boston.  The  Baid  bonds  shall  be  signed  by  the 
the  municipality,  ami  also  by  the  treasurer 
thereof,  and  shall  1"  countersigned  by  the  clerk.  Tin- 
coupons  of  said  bonds  shall  be  numbered  consecutively,  an  I 
signed  by  the  treasurer. 

Tax  1 

The    legislative     branch     of    said    city,    town,     or 
municipal  corporation  shall,  at   the  time  of  fixing  tin 
eral  tax     levy,  and  in  the  manner  for  Buch  general  tax  levy 
provided,  levy  and  coiled  annually,  each  year,  for  tin    term 
v\    fortj    \  ■  its.  a   tax   Bufficieat   to   pay   the  annual  tntei 
on    tin,!,  'id    also    one    fortieth    part    oi    i 

gate    amount  tednesa     so     Incurred.     The 

taxes   herein    required    to   1"    levied    and    collected   shall    be 
in  addition  to  all  other  taxes  levied  for  municipal  pur; 


1065  PUBLIC   WORKS.  Act  2900,  §  §  *»,  10 

and   shall   be   collected   at   the   same   time    and    in  the   same 
manner    as    other    municipal    taxes    are    collected.      [Amend 

ment  approved  March  1,  1S93.     Stats.  1893,  p.  61.  In  effect 
immediately.     Eepealed  all  conflicting  acts.] 

This    section    was    in    turn    repealed    by    the   act    of    March  •  9,    1S97, 
Stats.    1897,    p.    75.    See   note    under   sec.    6. 

Duty  of  corporation. 

See.  9.  It  shall  be  the  duty  of  the  legislative  branch  of 
every  city,  town,  or  municipal  corporation  wherein  public 
improvements  are  being  made  under  the  provisions  of 
this  act,  to  make  all  needful  rules  and  regulations  for 
carrying  out  and  maintaining  such  improvements;  to  ap- 
point all  needful  agents,  superintendents,  and  engineers  to 
properly  look  after  the  construction  and  operation  of  such 
public  works,  and  in  all  lawful  ways  to  protect  and  preserve 
the  rights  and  interest  of  the  municipality;  provided,  how- 
ever, that  in  cities,  towns,  or  municipalities  operating  un- 
der a  charter  heretofore  or  hereafter  framed  under  section 
8  of  article  XI  of  the  constitution,  and  having  a  board  of 
public  works,  all  the  matters  and  things  required  in  this 
section  to  be  done  and  performed  by  the  legislative  branch 
of  the  municipality  shall  be  done  and  performed  by  the 
board  of  public  works  of  such  city,  town,  or  municipality. 
[Amendment  approved  March  19,  1891.     Stats.  1891,  p.  132. j 

Betting  of  contracts. 

Sec.  10.  All  contracts  for  the  construction  of  comple- 
tion of  any  public  works  or  improvements,  or  for  furnishing 
labor  or  materials  therefor,  as  herein  provided,  shall  be  let 
to  the  lowest  responsible  bidder.  The  legislative  branch 
of  the  municipality  shall  advertise  for  at  least  ten  days, 
in  one  or  more  newspapers  published  in  the  municipality, 
inviting  sealed  proposals  for  furnishing  the  labor  and  ma- 
terials for  the  proposed  improvements,  before  any  con- 
tract shall  be  made  therefor.  The  said  legislative  branch 
shall  have  the  right  to  require  such  bonds  as  they  may 
deem  best,  from  the  successful  bidder,  to  insure  the  faith- 
ful performance  of  the  contract  work.  They  shall  also 
have  the  right  to  reject  any  or  all  bids;  provided,  however, 
that  in  cities,  towns,  or  municipalities  operating  under 
a  charter  heretofore  or  hereafter  framed  under  section  8 
of  article  XI  of  the  constitution,  and  having  a  board  of 
public  works,  all  the  matters  and  things  required  in  this 
section  to  be  done  and  performed  by  the  legislative  branch 
Of    the    municipality   shall    be    done    and    performed    by    the 


Acts  2905,  2910  PUTAH    CREEK-QUARANTINE.  ->V66 

board  of  public   works  of  such   city,  town,  or  municipality. 
[Amendment  approved  March  19,  1891.     Stats.  1891,  p.  132.] 

Additional  bonds  of  treasurer. 

Sec.  11.  Whenever  the  legislative  branch  of  any  munici- 
pality shall,  by  resolution,  deem  it  necessary,  they  may  re- 
quire the  treasurer  of  such  municipality  to  give  additional 
bonds  for  the  safe  custody  and  care  of  the  public  funds. 

Repealing  acts  1885,  18S7. 

Sec.  12.  The  act  approved  March  ninth,  eighteen  hun- 
dred and  eighty-five,  entitled  An  act  to  authorize  munici- 
pal corporations  of  the  fifth  class,  containing  more  than 
three  thousand  and  less  than  ten  thousand  inhabitants,  to 
obtain  public  water-works,  and  the  act  approved  March 
fifteenth,  eighteen  hundred  and  eighty-seven,  entitled  An 
act  authorizing  the  incurring  of  indebtedness  by  cities, 
towns,  and  municipal  corporations,  incorporated  under  the 
laws  of  this  state,  and  all  general  acts,  or  special  ads, 
or  parts  of  acts,  conflicting  with  this  act,  are  hereby  re- 
pealed. 

Sec.  13.  This  act  shall  take  effect  and  be  in  forca 
from  and  after  its  passage. 

The  act  of  March  lo,   1SS7.   was  also  amended  by  act  approved  Feb- 
ruary  16,    1&>9,   Statutes   1889,    14. 


TITLE  388. 

PUTAH  CREEK. 

ACT  2905. 

Solano    and    Yolo    counties,    protecting    from    overflow     by 
Putah  Creek.     [Stats.  1871-2,  p.  941.] 

Repealed   1S73-4,    S4. 

This  act  provided  for  the  formation  of  the  Yolo  and  Solano  canal 
ilistrlct  for  the  purpose  of  protecting  certain  lands  from  overflow  from 
Putah   Cro-k. 


TITLE  389. 
QUARANTINE. 
ACT    2910. 

An    act    to    regulate     quarantine,    and     the      admission      of 
horses,    cattle,    sheep,     and     swine      into     the     state      of 
California  from  infected  distrii 
[Approved   March   19,   1S89.     Stats.    L889,   p.   375.] 


1067  QUARANTINE.  Act  2910,  §§  1-4 

Quarantine   against    entry   of   domestic   animals. 

Section  1.  The  state  board  of  health  shall  be  empowered 
to  declare  quarantine  against  the  entry  of  domestic  ani- 
mals from  any  state  or  territory,  or  any  foreign  port  or 
country,  in  which  contagious  or  infectious  diseases  are 
known  to  exist;  said  infected  parts  to  be  named  in  the 
proclamation. 

Entry  of,  through   state  board  of  health. 

Sec.  2.  All  domestic  animals  coming  into  the  state  from 
districts  mentioned  in  section  one  must  be  required  to  en- 
ter the  state  at  such  points  only  as  the  state  board  of 
health  may  by  proclamation  determine,  and  designate  where 
they  must   be  unloaded   for   inspection. 

Evidence   of   owners. 

Sec.  3.     All  owners  of  domestic  animals  coming  into  this 
state   from   localities   quarantined   against   will   be    required 
to    furnish    the    following    evidence    that    such    animals    ar 
free   from   disease. 

First — The  affidavit  of  two  disinterested  parties,  who 
have  known  such  animals  for  a  period  of  four  months  prioi 
to  the  date  of  shipment,  that  they  have  been  healthy,  and 
exposed  to  no  contagious  disease,  and  that  no  contagious 
disease  is  known  or  believed  to  exist  in  the  district  or  coun- 
try from  which  they  came-. 

Second— The  certificate  of  the  county  clerk  of  the  county 
that  persons  making  such  affidavit  are  responsible  and  rep- 
utable citizens  of  the  county. 

Third— The  affidavit  of  the  owner  or  person  in  charge, 
made  at  the  point  of  entry,  that  such  domestic  animals  are 
the  identical  animals  described  in  the  foregoing  affidavits, 
and  that  shipment  has  been  direct  and  without  unlpadiftg, 
except  for  food  and  water,  ana  in  cleansed  and  disinfected 
cars. 

Affidavit  of  owners. 

Sec.  4.  Owners  or  persons  in  charge  of  domestic  animals 
from  localities  not  named  in  such  proclamation  must  cer- 
tify under  oath,  that  such  domestic  animals  have  been  kept 
in  one  place  for  a  period  of  four  months  immediately  pn 
ing  the  date  of  shipment  (giving  the  name  of  the  town 
and  county  and  state,  territory,  or  country),  and  have  uot 
been  exposed  to  any  contagious  disease  for  a  period  of  three 
months  prior  to  the  date  of  shipment. 


Act  2910,  §5  :.  1:  QUARANTINE.  1<)68 

Evidence   to  be  submitted. 

.  ").  All  the  foregoing  evidence  to  be  submitted  to 
the  Btate  veterinarian,  or  an  authorized  inspector  of  the 
state,    w -In  n    permits    for    shipments    in    this    state    shall    be 

Quarantined   calves. 

Sec.  6.     Dealers'    calves    gathered    in    quarantined    states 
<>r  territories  will  be  quarantined  at  the  points  of  entry. 

Domestic    animals. 

B«C.    7.      Domestic    animals    not    receiving   permits    for  ship- 
ment, and  retained  in  quarantine,  will  be  heM  at  the  own- 
risk  and   expi 

Sec.  8.  All  domestic  .animals  arriving  at  points'  of  entry 
shall  be  inspected   free  of  charge  to  the  owner. 

Railway    company    must    have    permit. 

9,     No  railway  company  doing  business  in   this  slate 

shall  receive  for  shipment  into  this  state  any  domestic  ani- 
mals unless  accompanied  by  a  permit  signed  by  an  author- 
ized inspector. 

Cattle,  when  not  to   enter  sv 

Sec.   10.     No  cattle  shall  enter  this  state  from  (Texas, 
Mexico,  or  Mexico,  for  glazing  purposes  during  the   months 
of    March,    April,    May,   June,    duly,    August,    S,  pt. ■mber,    Oc- 
tober and  November  in   each  ycaTj 

Shipment   for  slaughter. 

11.      All   cattle   from   those   parts  mentiomd   in   K 
ten  entering  this  state  during  the  months  mentioned  in  sec- 
tion ten,  and   intended   for   butchering  purposes,  shall   pasa 

from   the   point   of  entry    into   the  slaughter-house  yard,   wliiel, 

yard  skill  in  specially  constructed  and  isolated  for  the  Mir- 
pose  of  receiving  such  Btock.     Tin 

in  said  yard  direct  from  the  cars  running  into  the  yards  for 
that   puarfM 

Character  of  cars. 

See.  L2.  Said  cattle  shall  moreover  be  shipped  in  sp.  einlly 
,oi, strutted  ears,  whieh  will  prevent  the  dropping  of  ma- 
nure  and   urine  on   the   traeks  during   transit,   and    in    un 


ltfrffl  QUARANTINE.  Act  291"    §5  13   if 

•ping   such    cattle    the    cars    shall    be    thoroughly    disinfected 
with  carbolized  whitewash. 

When  may  be  unshipped. 

Sec.  13.  All  cattle  entering  this  state  for  the  purposes 
mentioned  in  section  eleven  shall  only  be  unshipped  be- 
tween the  point  of  entry  and  destination  at  places  set  apart 
by  the  state  board  of  health  in  its  proclamation;  and  no 
native  stock  shall  be  allowed  at  any  time  to  enter  said 
places;  said  places  shall  be,  moreover,  thoroughly  disin- 
fected in  such  manner  as  the  state  board  of  health  may  di- 
rect. 

Violation  of  act. 

Sec.  14.  Any  person  or  persons,  corporations,  or  firms, 
who  shall  violate  any  of  the  provisions  of  this  act  shall! 
be  liable  for  all  damages  sustained,  and  a  fine  of  one  thou- 
sand dollars,  to  be  recovered  in  any  court  of  competent  ju- 
risdiction, on  account  of  any  contagious  or  infectious  dis- 
ease being  communicated  from  any  diseased  animal  to  any 
other  animal  in  the  neighborhood,  or  along  the  line  of  such 
transportation  of  such  diseased  animals  into  or  through  tins 
state,  or  from  one  part  thereof  to  another;  and  the  existence 
or  presence  of  such  contagious  or  infectious  disease  among 
the  native  cattle  of  this  state  on  the  same  ranch  with  or  in 
the  vicinity  of  any  such  diseased  animals,  or  along  the  line 
or  route  over  which  they  were  transported,  shall  be  prima 
facie  evidence  that  the  same  were  affected  with  such  disease 
at  the  time  of  being  so  removed  or  transported,  and  com- 
municated it  to  such  native  domestic  animals  so  affected 
therewith. 

Definition. 

Sec.  15.  The  words  "domestic  animals,"  whenever  used 
in  this  act,  shall  be  construed  to  mean  and  include  horses, 
mules,  asses,  cattle,  sheep,   goats  and  swine. 

Inspectors   to  be  appointed.  i 

Sec.  16.  The  state  board  of  health  are  hereby  authorizes 
to  appoint  one  inspector  for  each  of  the  points  of  entrj 
railroad  communication  into  this  state,  who  shall  reside. 
at  such  point  as  may  be  designated  by  the  state  board  of! 
health,  and  shall  receive  such  compensation  for  ad 
vices  as  may  be  determined  by  said  board,  not  to  exceed 
one    hundred    dollars    per    month;  such    compensation    to    be- 


Acts  28 


RAILROADS. 


10  » 


paid    out   of   any  state    treasury   not   other- 

wise  appropriated,   upon    the   warrants  of   the  controller   of 
drawn  upon  the  certificate  of  the  state  board  of  health 
allowing    the    same. 

Sec.  17.     This  act  shall  take  effect  immediately. 


TITLE  390. 

RALLBO  iBS. 

ACT   2915. 

To  provide  for  Incorporation  of  railroad  compani'-..     [Stats. 
1881,    p.    607.] 

Amended    1862,    498,    547;     1868,    610;     1865-6.    310;     1867-8.    706;     1869-70, 

577.     Repealed,   see  note  to  act  632,  ante.     See.   also,   Cal.   Pac.    R.   R.    Co. 

v.    Cent.    Pac.    R.    R.    Co..    47    Cal     528. 

Cal.    Rep.    Cit.     41.    IN;     42.    ;06;     46.    312;     47.    619;     49.    397;     60.    349;  68, 

69;     52.    61;     63.    469;     66.    609;     66.    611;     71,    85;     75,    645;     109.    EM;     115, 

590;     129,    640. 

ACT  2916. 

Supplementing     statute     eoncprning     railway     corporations. 

p.   498.J 
Repealed  by  sec.  288,  Civil  Code. 
See  note,   act   632,    ante. 

ACT    2917. 

Permitting  and   authorizing   railway   and   other   corporations 
organized  under  the  laws  of  this  state,  or  of  any  state 
or  territory,   or   any    act   of  congress,    to    do   business   in 
this   state   on    equal    terms.      [Stats.    1880,   p.   21.] 
Cal.    Rep.    Clt.     116,   103. 

Partly    codified    by   amendments   of   Civil    Code,    1905.     See    notes    to 

§5   405.    473a,    Civil    Code. 

This    act    also    authorised    one    railroad    corporation    to    lease    the 

road    of    another   corporation    and    to    acquire    the    lease    of    Its    road.     It 

is  contained   In    full    In    the   Civil    Code.    Appendix,    p.    764. 

ACT  2918. 

Nevada  County,  railroad   from  Colfax  to  Nevada  City,  pro- 
viding for.      [Stats.  1873-4,  p.  492.] 

ACT   2919. 

Railroad  from  Marysville   to  Knight's  Landing,  construction 

of,  and  regulation  of  freights  and   fares.      [Stats.    lv 

p.    760. J 


1071  RAILROADS.  Acts  2920-292* 

ACT   2920. 

Commissioners   of   transportation,     appointment    of.     [Stats 
1875-6,  p.  783.] 

Repealed  1877-8,   969. 
Cal.   Rep.   Cit.     62,   506. 

ACT  2921. 

Concerning     the     powers     of     the     railroad     commissioners. 
[Stats.  1S80,  p.  45.] 

Cal.    Rep.    Cit.     79,    164;     105,    320;     132,    678;     132,    687. 

Partly  codified  by  amendment  of  Civil  Code,  1905.  See  note  to  9 
*89,    Civil    Code. 

This  act  appears  in  full  in  Civil   Code,   Appendix,  p.   766. 

ACT    2922. 

To  provide  for  the  construction  of  a  railroad  from  lone  to 
Sutter  Creek  or  Jackson.     [Stats.   1877-8,  p.   841.] 

ACT  2923. 

Granting  right  of  way  and  station  grounds  to  the  Southern 
California  Railway  Company  over  a  portion  of  the  asy- 
lum grounds  in  San  Bernardino  County.  [Stats.  1893, 
p.  121.] 

ACT    2924. 

Relating  to  the  operation  of  railroads.      [Stats.  1893,  p.  208.] 
Cal.    Rep.    Cit.    121,    658. 

Codified  by  amendment  of  Civil  Code,  1905.  See  note  to  5  465a, 
Civil   Code. 

This  act  appears  in  full  in  Civil  Code,  Appendix,  p.  772.  It  au- 
thorized railroads  using  steam  to  use  electricity  or  steam,  or  both, 
provided  that  in  incorporated  cities  of  more  than  5,000  Inhabitants  au- 
thority  must   be   obtained. 

ACT  2925. 

To  compel  the  operation  of  railroads.     [Stats.   1880,  p.  43.  J 

Codified  by  amendment  of  Civil  Code,  1905.  See  note  to  fi  468, 
Civil    Code. 

This  act  appears  in  full  in  Civil  Code,   Appendix,  p.   765. 

ACT- 2926. 

To   provide  for  the  management  and   operation  of  railroads 
above   certain   elevations.      [Stats.    1897,   p.   5.J 

Codified  by  amendment  of  Civil  Code,  1905.  See  note  to  §  468. 
Civil    Code. 

This  act  appears  in   full   in  Civil   Code,   Appendix,    o.    766. 


Acts2lC  RAILROADS.  1OT2 

ACT  2927. 

To     enable     railroad     companies     to    complete     their    roads. 
|  Stats.    1X77-8,  p.   944.] 
This   act   appears   In   full   In   Civil   Code,    Appendix,    p.   763. 

ACT  2928. 

To  ratify  ordinances  passed  by  the  governing  bodies  of  mn- 

nicipal  corporations,  giving  permission  to  propel  cars  by 

el(  etricity.     j  stats.    MM,   p.   12.] 

Th;>  is   In    full   In  Civil   Code.   Appendix,    p.    763. 

ACT  2929. 

Rates   <>('   tar.    on   street   railroads   in   cities  of   more   than   one 

hundred      thousand      inhabitants.         [Stats.      1877-8,      p. 

18.] 

This  act  appears   in  full   In  Civil  Code.    Appendix,  p.   771. 

ACT    2930. 

Requiring  street  railroad  corporations  to  allow  United  States 

mail    carriers    to    ride    free    of   charge.      [Stats.    1893,    p. 

-M.| 

This  act  appears   in    full   in   Civil   Code.    Appendix,    p.   77J. 

ACT  2931. 

An  act  to  authorize  cities  and  towns  to  grant  franchises  for 
the  construction  and  maintenance  of  railroads  beyond 
the  limits  of  such  cities  or  towns  hading  to  public 
parks    owned    thereby.] 

[Became  a  law,  under  constitutional  provision,  without  gov- 
ernor's  approval,   March   1,   1S97.     Stats.   1897,  p.  46.] 

The    people    of    the    state    of    California,    represented    in    th  ■ 
Benate  ami  assembly,  do  enact  as  follows: 
Sec!  inn    1.      It    shall   be   lawful    for   the  council,   trust- 
other    governing   body    of    anv    city    or    town    owning    public 
parks   Situated   outside   of   said    city   or   town,    to    grant    fran- 
chises for   the  building  and   operation  of   railroads  from   anv 
point  in,  or  at    the  cxttiior  boundary  of  such   city  or   town, 
to,    in,    or    through    such    park,    in    the    same    manner    and    to 
the   same   extent    as   it    now    has   power   to   grant    the  same   foi 
street   railroads  within   the   limits  of  such   city   or   town;    pro 
vided,    that    in    addition    to    all    other    conditions,    it    shall    In 
made   a   condition   of   such    franchise    that    the    fare  of    pa- 
gers on  such  road  or  roads  shall   never  exceed  five  cents  l'oi 
a  single  trip. 


1073         RAMIE   CULTURE— RECLAMATION   DISTRICTS.    Acts  2932-'>9,1 

Sec.  2.  All  railroads,  except  as  otherwise  provided  in 
this  act,  authorized  by  this  act  to  be  so  chartered  shall  be 
governed  by  the  provisions  of  part  four,  title  four,  of  the 
Civil  Code  of*  California,  concerning  street  railroads  and 
corporations,  so  far  as  the  same  shall  be  applicable  thereto, 
and  of  all  acts  amendatory  thereof.  Also  by  the  provisions 
of  "An  act  providing  for  the  sale  of  railroad  and  other 
franchises  in  municipalities  and  relative  to  granting  of 
franchises,"  approved  March  twenty-third,  eighteen  hun- 
dred and  ninety-three. 

Sec.  3.     This  act  shall  take  effect  immediately. 

ACT  2932. 

To  promote  the  safety  of  employees  and  passengers  upon 
street  railroads,  by  compelling  equipment  of  cars  and 
dummies  with  fenders  and  brakes,  and  to  prescribe 
penalties.  [Approved  March  22,  1899.  Stats.  1899, 
p.    183.] 

Codified    by    amendment    of    Penal    Code,    1S05.     See    note    to    J  369a, 
Penal   Code. 


TITLE  391. 

RAMIE  CULTUEE. 

ACT  2937. 

To  encourage  the  cultivation  of  ramie  in,  the  state  of  Cal- 
ifornia, to  provide  a  bounty  for  ramie  fiber,  and  to 
make  an  appropriation  therefor;  to  appoint  a  state  su- 
perintendent of  ramie  culture,  and  make  an  appropria- 
tion for  his  salary.  [Approved  March  31,  1891.  Stats. 
1891,   p.   283.] 

Cal.    Rep.    Cit.     94,   435. 

Unconstitutional.     (M"rray   v.    Colgan,    94    Cal.    435.) 


TITLE  392. 
*  RECLAMATION  DISTRICTS. 
ACT   2941. 

An  act  to  create  a   reclamation  district,  to  be  called  "Rec- 
lamation  district   number   seventy,"   and    providing    for 
the  control  and  management  thereof.      [Approved  March 
21,  1905.     Stats.  1905,  p.  717. J 
Gen.  Laws — 6S 


Acts  2Si.  RECLAMATION     DISTRICTS.  1074 

ACT  2942. 

Providing   for   funding   of    indebtedness   of.     [Stata.    1871-2, 
p.  836.] 

Amended   1873-4,   237.   ^Si;     1S75-6.   8S8, 
Cal.  Rep.   Cat.    45.   367. 

ACT   2943. 

San  Joaquin  County,  Mormon  Slough,  authorizing  inhabi- 
tants of  to  form  a  reclamation  district.  [Stats.  1871-2, 
p.    709.] 

ACT  2944. 

8utt<r   County,   levee    <1  istrict   No.    1,   defining  boundary   and 
providing  for  the  can    of,  eta.     |Stats.  1873-4,  p.  511. J 
▲mended  i$77-s.  91*:    isss.  365;    im.  623. 
Cal.    Rej,.    C1L     i«.    220;     U. 

ACT    2945. 

Sutter    County,   levee    district    No.    2,    funding   of    indebted- 
ness of.      [Stata.    1875-6,   p.    lo5.] 

ACT  2946. 

Levee   disticl    No.   2,  Sutter   County,   defining   boundary  and 
providing    for    government   of.     [Stata.    1S75-6,    p.   391.] 

Am.ri:.   1    iind    supplemented    1893,    199;     1895,    238. 

ACT  2947. 

To     empower    the    trustees    of    levee    district    No.    1,    Sutter 

County,  to  nt  -   for  the  payment  or  funding  of 

its   indebtedness.     [Stata.    1880,   p.   30.] 

ACT  2948. 

To  define  the  boundaries  and  provide  for  the  government  of 

levee    district    No.    6,    Sutter    County.      [Stata.    1891,    p 

237.] 

ACT  2949. 

To  provide  for  funding  the  indebtedness  of  levee  district 
No.  6,  Sutter  County,  end  to  provide   for  (he  paymeut 

of   such    fund,  d    debt.      [Stata.    L8M,    p.    235.  J 

ACT  2950. 

Conferring  additional   powers  upon   trust..-    >f   swamp-land 

district   No.   17,  in  San  Joaquin  County.     [Stata   IS 
p.  781.] 


1075  RECLAMATION    DISTRICTS.  ACTS  2951 -i'Jo9 

ACT  2951. 

Providing  for   the   payment   of  interest   on   trustees'   orders 
against   certain   swamp   lands.     [Stats.    1871-2,    p.   802.] 
This  act   related   to  swamp  land   districts  Nos.   50  and   54. 

ACT  2952. 

Eeelamation  district  No.  54,  Sacramento  County,  ratifying. 
[Stats.  1877-8,  p.  530.] 

ACT  2953. 

Sutter    County,    relating    to     swamp-land     district     No.     70. 
[Stats.    1871-2,   p.    719.] 
This  act  provided  that  the  warrants  should  bear   interest. 

ACT  2951. 

Swamp-land   district   No.   70,   to   reorganize.     [Stats.    1877-8, 
p.  580.] 

Amended    1S91.    62. 

ACT   2955. 

To  legalize  the   acts  of  the  supervisors  of  Yolo   County   in 

forming   reclamation    district    No.    108.     [Stats.    1871-2, 

p.   776.] 
Cal.    Rep  .  Cit.     52,    188;     53.    350. 

ACT  2956. 

Reclamation    district   No.    108,   relating   to   unpaid   warrants 
and  assessment  in.     [Stats.  1871-2,  p.  696.] 

Repealed    1903.    53. 

This  act   provided   that  unpaid   assessments  and   warrants  bear   in- 
terest. 

ACT  2957. 

Contra  Costa  County,  swamp-land  district  No.   118,  relative 
to.      [Stats.  1873-4,  p.  689.] 
This  act  validated   certain  acts  relating  to. 

ACT  2958. 

Swamp-land   reclamation    district    No.    118,    act    relating    to 
assessment    in.      [Stats.    1875-6,    p.    140.] 
Unconstitutional.     (People    v.    Houston,    54    Cal.    536.) 

ACT  2959. 

Reclamation     district     No.     124,     Colusa     County.       [Stat3. 
1873-4,  p.  957.] 
Cal.   Rep.    Clt.    68,    516. 

This  act  legalized   this  district. 


Act       •  RECLAMATION   DISTRICTS.  1J76 

ACT  2960. 

Swampland    district    Nbj     150,    Yolo    County,    formation    of. 
[Stats.   1873-4,  p.  88*.] 
Cal.   Rap    cit.    as,  52. 
ACT  2961. 

To  create   :nnl   organize   reclamation   district   No.   205,  Sacra- 
mento  County,     [Mats.  l877->8,  p.  911.] 

Cal.    Rep.   Clt.     117.   122. 
ACT  2962. 
Swamp-land  district  No.  221.  San  Joaquin  County,  legalising. 

|  Stats.     1877  B,    p.    434.] 
ACT   2963. 

Bechtmatttra  diitrr  eramento  County,  establish- 

ing,    i  Stats.    I8f74  H.1 

ACT  2964. 

Creating  reclamation  district    No.  2YJ,  Sacramento  County. 

[Stats.    1877-8,   p.   909.] 
ACT  2965. 
Swamp-land    district    No.    307,    Yolo    County,    legalising   pro- 

...  dings   in.      [Stats.    1877-6,    p.    260.] 
ACT  2966. 
Reclamation  district   No,  .*>  1 7 .  Sacramento  County,  creating. 

[stats.   1877-8,  p,  562. J 
ACT   2967. 

Sacramento     County.    Bwamp     lands    in,    funds    for.      [Stats. 
1871  2,   p   B81.] 

Repealed    1S73-4.    274 

This  !    to   districts   Nos.    50   and   54. 

ACT  2968. 

Sacramento    County,    delinquent     reclamation     assessments, 
collection   of.      [Stats.    Is;;;  |,    ,,.    885.] 

Superseded    by   County   Government    Acts,     (l.jnch    v.    ilutte   O'unty, 
101    Cal.    IHV) 

ACT   2969. 

San    Joaquin    County,    reclamation    districts    in.       [Stats 

1875-6,  p.  2S1.J 
ACT  2970. 

To    create    and    establish    two    n.  w    re. da  ma  t  ion    district- 

this  itate,   to  be   known,  respectively,  aa   Union    Island 

Reclamation    District    No.    1,   and    Union    Island 


1077  RECLAMATION    DISTRICTS.  Acts  2971-2975,  §  1 

tion  District  No.  2,  embracing  within  their  respective 
territorial  limits  a  portion  of  Union  Island,  in  San  Joa- 
quin County;  to  define  the  boundaries  of  such  districts, 
and  provide  for  the  organization  and  government 
thereof,  and  to  dissolve  all  other  reclamation  districts 
in  conflict  therewith.  [Approved  February  23,  1903. 
[Stats.   1903,  p.  37.] 

ACT  2971. 

Yolo    and   Solano    counties,    supervisors,   powers    of.     [Stats. 
1873-4,   p.   602.] 

This    act    authorized    the    supervisors    to    approve    petitions    for    the 
formation    of  reclamation   districts. 

ACT  2972. 

To  facilitate  equalization  of  assessments  in  reclamation  dis- 
tricts.     [Stats.  1881,  p.  68.] 
ACT  2973. 

To  subject  certain  reclamation  districts  to  the  provisions  of 
the  Political  Code.     [Stats.   1885,  p.   77.] 

This   made   districts   organized   prior   to   January   1,   1873,   subject    to 
the  provisions  of   the   code. 

Cal.    Rep.    Cit.     144,    644;     144,   646. 

ACT  2974. 

Providing  for  the  dissolution  and  annulment  of  reclama- 
tion districts  for  non-user  of  corporate  powers.  [Stats. 
1899,  p.   13.J 

ACT  2975. 

An  act  providing  for  the  issuing  of  bonds  by  reclamation 
districts,  and  the  disposal  tnereof  for  reclamation  and 
other  purposes,  and  their  payment  by  taxation  upon  the 
property   situated  in  such   reclamation  districts. 

[Approved  March  27,  1895.  Stats.  1895,  p.  197.] 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Sec  .ion  1.  Whenever,  in  the  opinion  of  the  board  of 
trustees  of  any  reclamation  district  now  formed,  or  here- 
after to  be  formed,  under  any  law  of  this  state,  the  cost  of 
the  works  of  reclamation  according  to  the  plans  thereof  will 
be  too  great  to  be  raised  by  assessments  as  provided  in  th^ 
Political  Code,  said  board  of  trustees  shall  order  a  special 
election  to  be  held  at  some  place  in  said  distriet   to   be  des- 


"LAMATION    DISTRICTS.  l.T? 

I  <>f  trustees,  at  which  said  special 
election  Bhall  be  submitted  to  the  owners  of  lan<i  in  sail 
•t  the  question  win  tin  r  or  not  the  bonds  of  said  dis 
trict  shall  br>  issui  .1  in  an  amount  necessary  to  construct 
said  Murks  of  reclamation,  which  said  amount  shall  be  es- 
timated by  Bald  board  of  trusters,  and  stated  in  the  order 
for   BUCb    S['i  cial    election. 

2.  Notice  of  such  special  election  must  be  given  by 
the  board  oi  tiibtna  by  posting  notices  thereof  in  at  least 
three  public  places  in  the  district,  at  least  twenty  days  prior 
tliT'  blication  for  the  same  time  in  s 

r    publish*  d    m    each    county    in    which    any    portion 

aid    district    may    b  i.    it"    tin  re   be    a    newspap*  r 

published  in  each  of  such  counties,  and  if  there  is  no  news- 
paper  so  published,  then  by  such  publication  in  each  county 
in  which  tin  re  is  a  newspaper  published,  and  such  notice 
must    Bpecify    the   time   and    place  of   holding  such  election, 

amount  ol  bonds  proposed  to  be  issuid,  and  the  names 
of   three  land  holders  of   the  district  to  act  as  a   board   of 

ion. 

At  such  election  each  holder  of  lands  in  the  dis- 
trict Bhall  !"•  entitled  to  vote  in  person  or  by  proxy,  and 
shall  havi  toe  right  to  cast  one  vote  for  each  dollar's  worth 
ot  r-  1  by  him  in  the  district,  the  value  thereof 

to  bo  determined  from  the  next  preceding  assessment  roll 
of  the  county  wlnn  the  same  is  situated;  an.l  the  board 
of  trustees  of  the  district  shall,  prior  to  the  election,  procure 
from   tin  of  each  county   where  any   portion  of   the 

district  is  situated,  a  list,  certified  by  such  assessor,  con- 
taii  icription  of  all  the  land  of  the  district  situ 

in  such  county,  the  name  of  the  person  to  whom  each  tract 
jed,  and  the  value  thereof  as  appears  from  the  assess- 
ment roli  ty,  which  said  list  shall  be  furnished 
to  and  be  used  by  the  said  board  of  election  in  determin- 
ing tin  number  of  votes  each  voter  is  entitled  to  cast.  No 
person  shall  vote  by  proxy  at  such  election,  unless  author- 
ity shaU  be  evidenced  by  an  instrument. 
in  writing,  duly  acknowledged  and  certified  as  grant- 
real  property,  and  filed  with  the  board  of  election.  The 
},;,li.  i  election  shall  contain  the  words  "Bonds 
rords  MBonda  No,"  and  also  the  name 
of  the  person  the  ballot,  with   the  number  of 

■    by   him;  and   a   list  of   the   ball  taall    \n    made 

bv    the   board    Of   election,   containing    th(     name   of    the    \ 


1079  RECLAMATION    DISTRICTS.  Act  2975,  §§  4,  5 

arid  if  the  ballot  be  cast  by  proxy,  the  name  of  the  person 
casting  it,  the  number  of  votes  cast,  and  whether  the  same 
be  cast  for  or  against  the  issuing  of  the  bonds. 

Sec.  4.  If  the  persons,  or  any  of  them,  appointed  and 
specified  in  the  notice  of  election  as  the  board  of  election 
fail  to  attend  at  the  time  and  place  appointed  for  the  elec- 
tion, the  voters  present  at  the  time  for  opening  the  polls 
may  appoint  any  land-holder  of  the  district  then  present  to 
fill  the  place  of  any  absent  member  thereof.  Each  member 
of  such  board  of  election  must,  before  entering  upon  his 
duties  as  such,  take  an  official  oath  as  such  member  of  the 
board  of  election,  which  said  oath  may  be  administered  by 
any  officer  authorized  to  administer  oaths,  or  by  any  land- 
holder, in  the  district.  The  polls  shall  be  kept  open  for  the 
reception  of  votes  from  ten  o  'clock  A.  M.  until  four  o  'clock 
P.  M.  At  the  close  of  the  polls  the  board  of  election  shall 
at  once  proceed  to  canvass  the  votes,  and  declare  the  re- 
sult and  forward  a  certificate,  showing"  the  number  ol  votes 
cast  for  and  against  the  issuing  of  bonds,  to  the  board  of 
supervisors  of  the  county  where  the  district  was  formed, 
and  deliver  a  duplicate  thereof  to  the  board  of  trustees  of 
the  district,  and  shall  also  deliver  to  the  said  board  of  trus- 
tees all  ballots  cast  at  such  election,  and  all  documents  and 
papers  used  at  such  election. 

Sec.  5.  If  a  majority  of  the  votes. cast  at  such  election 
are  in  favor  of  the  issuance  of  bonds,  the  board  of  trustees 
of  the  district  shall  cause  bonds  in  the  amount  stated  in 
the  order  for  election  to  be  issued  and  placed  in  the  custody 
of  the  treasurer  of  the  county  in  which  the  district  was 
formed.  Said  bonds  shall  be  of  the  denomination  of  one 
hundred  dollars  each,  shall  be  negotiable  in  form,  signed 
by  the  president  of  the  board  of  trustees  of  the  district, 
and  the  chairman  of  the  board  of  supervisors  of  said  county, 
and  attested  by  the  clerk  of  said  board  of  supervisors, 
and  the  seal  of  said  board  of  supervisors,  shall  be  numbered 
consecutively  as  issued,  and  bear  date  at  the  time  of  their 
issue,  and  shall  express  on  their  face  that  they  were  issued 
by  authority  of  this  act,  stating  its  title  and  date  of  ap- 
proval, and  the  date  of  the  election  at  which  their  issuance 
was  authorized.  Said  bonds  shall  bear  interest  at  the  rate 
of  seven  per  cent  per  annum,  payable  semi-annually  on  the 
first  day  of  January  and  the  first  day  of  July  in  each  year, 
at  the  office  of  said  county  treasurer,  upon  the  presentation 
of   the   proper   coupons   therefor.     Coupons   for   each    install- 


Act  2U75,   §5  6-«  RECLAMATION     DISTRICTS.  1080 

nunt  o|  interest  shall  be  attached  to  said  bonds,  and  shall 
bo   niilllf  1 1  ili,    signed,    I  •  d.    in    the   same    manner   as 

the   bpnd.     The   principal   of    said    bonds   shall   be    paid    M 
follows,  to  wit:     Ten  per  eent  ot'  the  whole  amount  of  bonds 
•  I.  according  to  their  consecutive  numbers,  shall  be  paid 

in  ten  years  from  the  date  of  their  issue,  at   the  ofliee  of  said 

county  treasurer,  and  ten  per  cent  thereof  each  succeeding 

thereafter,    until    all    are    paid.      If    any    bond    shall    not 

I,,  presented  for  payment  when  the  same  becomes  due,  it 
shall  .,..-.  to  draw  interest;  but  if  presented  at  such  tim<\ 
and  not   paid  for  want  of  fund-  ;  county  treasurer 

shall  so  indorse  it.  and  thereafter  such  bond  shall  draw  in- 
terest until  paid,  .'it  said  rate  of  seven  per  cent  per  annum, 
payable  b<  mi  annually. 

Bosmty  shall  [dace  the  bonds 

ired    pursuant    to   this   act    to    the   credit   of   said    district, 

and    m;iv    at    any    time    sell    any    of   said    bonds    for    the 

price   obtainable   therefor,    but    in    no   event    for   less   than    tho 

\alue    of    said    bond,    and    the    accrued    interest    thereon. 

Any   money   derrtrd   from    I  laid   beads   by   said 

county  tr  all  be  placed  in  the  treasury  to  the  credit 

aid    district,   and    a    proper    record    of   such   transaction   b-J 

placed  upon  tea  books  of  said  treaaaretti 

7.     The  board  of  trustees  of  said  district  may  draw 
Orders    Upon    the   said    •  ..aide    in    bonds   or 

money  i>  the  proportion  and  to  the  amount  therein  named, 
to    pay   fe*   lal  'ormed    for,   or  materials  or 

property  furnished  to.  said  district,  for  the  pnrpoee  of  con- 
structing the   reclamation   works   thereof,  and   the  sxpei 

v   incident   to  maintaining  the  same,  and   the  con- 
tiagent    •  sid   district,   which    said   orders   shail 

be   approved  by  the  board  of  supervisors  01   the  county  win  re 

such    .i  strict     was    formed,    ami    tln-r.  .•.;:•  r    be    paid    by    sail 

■     in    tlie    manner    therein    presided    for   if   such    bonus 

or  money   then  remaining  in  said  treasury  to  the  credit   vi 

said  district  be  sufficient  to  pay  the  same. 

Sec.   8.     The    principal     of     said      bonds,    and    the    interest 
r.  on.  shall   be   paid   by   revenue   derived   from   a    tax   li 

Up0U  ti,,  !e  real   property  ot'   the  district,  and   the 

board    of    supervisors    of    the    county    wherein    said    district 
termed,    at    the    time    of    making    the    levy    of    I 
ity    purposes,    must    levy    a    tax    for    that    year,    upon 
ble    real    property   in    such   district,   sufficient  to   pay   the 
intt  rest      which    may     Income    due    upon     said     bonds      (iUriu/ 


1081  RECLAMATION    DISTRICTS.  Act  2975,  §  §  i,  10 

Buch  year,  and  if  any  portion  of  the  principal  of  said  bonds 
will  become  due  during  such  year,  then  also  in  an  amount 
sufficient  to  pay  such  portion  of  said  principal.  All  taxes  so 
levied  shall  be  computed  and  entered  on  the  assessment  roil 
of  the  county  where  such  land  may  be  situated,  by  the 
county  auditor,  and  collected  by  the  tax  collector,  at  the 
same  time  and  in  the  same  manner  as  state  and  county 
taxes,  and  when  collected  shall  be  paid  into  the  county 
treasury  for  the  use  of  said  district. 

Sec.  9.  When  such  district  is  situated  partly  in  different 
counties,  the  assessor  of  said  county,  or  counties,  other  than 
the  county  where  the  district  was  formed,  and  in  which  any 
portion  of  such  district  may  be  situated,  shall,  prior  to  the 
time  when  the  board  of  supervisors  meets  to  make  the  levy 
for  county  purposes  in  each  year,  certify  to  the  board  of 
supervisors  of  the  county  where  such  district  was  formed, 
a  statement  of  the  total  value  of  all  the  taxable  real  prop- 
erty of  said  district,  situated  in  his  county;  and  when  such 
board  of  supervisors  shall  have  determined  the  rate  of  tax- 
ation necessary  to  be  levied  upon  such  property,  the  clerk 
of  said  board  of  supervisors  shall  certify  the  same,  under 
the  seal  of  said  board,  to  the  auditor  of  any  county  other 
than  the  county  where  such  district  was  formed,  and  such 
auditor  shall  thereupon  compute  the  tax  and  enter  the  same 
upon  the  assessment  roll  of  said  county.  When  any  taxes 
shall  have  been  collected  under  any  of  the  provisions  of  this 
act,  and  placed  in  the  treasury  of  any  county  other  thaa 
the  one  in  which  said  district  was  formed,  the  treasurer  of 
such  county  must,  when  requested  so  to  do  by  the  board 
of  trustees  of  said  district,  forward  all  money  in  such  treas- 
ury to  the  county  treasurer  of  the  county  in  which  such 
district  was  formed,  who  shall  receive  and  receipt  for  the 
same,  and  place  such  money  in  the  treasury  of  such  county 
to  the  credit  of  said  district. 

Sec.  10.  No  assessor,  tax  collector,  treasurer,  or  clerk 
shall  receive  any  f-ee  for  any  service  required  to  be  per- 
formed by  "them"  under  the  provisions  of  this  act.  All  ex- 
penses necessarily  incurred  in  carrying  out  the  provisions 
of  this  act  shall  be  paid  out  of  any  money  to  the  credit  of 
the  district  for  which  the  services  are  performed  in  the 
treasury  of  the  county  where  the  district  was  formed,  upon 
the  order  of  the  board  of  trustees  of  said  district,  approved 
by  the  board  of  supervisors  of  said  county. 


Nets  2976.  C0T7  RECLAMATION    DISTRI<SP*k  W?2 

Sec.   11.     This  act  shall   take   effect    and   be   in  force   from 
:ind  after  its  passage. 

In   addition,    the   following  acts  may  be  referred   to: 
ACT  2976. 

I  Toviding   for   appeals    from    orders    forming   reclamation    or 
nip-land    districts.    -  from    such    dis- 

tricts,  <.r   consolidating    districts.     [Approved   April    1i3, 
1880,  p.   119   (Ban.  ad.,  3*5).] 

Puprr«cied   by    the    following   act:— 
ACT   2977. 

An    act    providing   fur  appeals   from    orders   of   the   board   of 
sup'  or  refusing  to  form  reclamation  or 

mp-land    distri  ifl   lands    from   such    dis- 

tricts,  nr    inelnding   lands    in    such    districts,    or   consoli- 

i_r    BWanp^land    or    reclamation    districts. 
[Approve. 1    March    11.    1«93.     Stats.    1898,    p.    171.] 
■r~   I.      \r  having  an  interest  affected  by  any 

order  of  the  board  of  supervisors  of  any  county,  approving 
or  ri  fusing  to  approve  any  petition  for  the  formation  of  a 

reclamation    district,    or    in    any 

manner  creating  "r  consolidating  such   districts,  or  includ- 
ing    in     or     excluding    from    such    district    any    lands,    may, 
within    thirty    days    ;,ft.  r   said    order    is    made,    appeal    t: 
from    to   the   superior  court  of   the  county. 

.-.1  shall  lie  taken  and  prosecuted  In 
tin  manner  prescribed  by  law  and  the  ruli  I  of  Said  superior 
courl    relating  I  Is  from  inferior  courts,  and   the  mat- 

ter Bhall  be  tri.d  anew  in  said  <u]»  t'^'T  COUXt.  The  ."judg- 
ment rendered  in  tin  superior  court  in  sUeh  matter  shall 
1"  final.  Each  superior  court  held  in  any  county  of  the 
Btate  in  which  there  are  any  reclamation  or  swamp-land 
tmation  districts  shall  make  rules  regulating  appeals  in 
the  cas,  s  hereinbefore  mentioned;  and  the  clerk  of  tie  board 
of  supervisors  shall,  upon  a  notice  of  appeal  and  ondartak- 

ing  on  appeal  being  fi]<  d  with  him.  transmit  the  same,  and 
all  papers  and  documents  used  0  I  the  hearing  before  said 
hoard,  to  the  elerk  of  the  superior  court  in  and  for  said 
COUntJ,  who  shall  thereupon  file  the  same  without  receiving 
any    fee    tin  ret'or. 

R.  c.     S.      This    act    shall    take    effect    and    be    in    force    from 

and  after 

I.      All    acts    and    parts    of    acts    in    conflict    with    the 
provisions  of  this  a  ■  by  repealed. 


10S3  RECORDERS— RED    ELUFF.  Acts  2982-2:05 

TITLE  393. 

RECORDERS. 
ACT  2982. 

To   legalize   acts    of   countv   recorders   and    county   auditors. 
[Stats.  1863-4,  p.  187.] 
Recorders    of    particular    counties,    see    particular    title. 


TITLE  394. 
RECORDS. 
ACT  2987. 

To  transfer  the  records,  papers,  and  business  of  the   courts 
existing  on   the    thirty-first   day   of   December,    1879,   in 
this   state,    to   the    courts    now     existing    therein.     [Ap- 
proved February  4,  1880.     Stats.   1880,  p.  2.] 
Cal.    Rep.    Cit.     87,   83. 

This  act  appears  in  the  Appendix  to  the   Code   of  Civil   Procedure, 
p.    782. 


TITLE  395. 
EED   BLUFF. 
ACT  2992. 

Incorporating.      [Stats.    1S75-6,   p.   637.] 
Amended   1877-8,   116:     1891,    108.     Repealed  by   incorporating,    !n   1895, 
under   Municipal   Corporation   Act   of  1883. 

ACT   2993. 

To  authorize  the  county  judge  of  Tehama  County  to  dis- 
tribute town  lots  held  by  him  in  trust  for  the  citizens 
of  Red  Bluff,  and  to  issue  certificates  of  title  to  the 
inhabitants  in  accordance  with  their  respective  inter- 
ests. [Stats.  1867-8,  p.  107.] 
Cal.  Rep.  Cit.  65,  168. 
Amended  1877-8,    602. 

ACT    2994. 

Preventing  hogs   from  running   at   large  in.     [Stats.   1871-2, 
p.  529.] 
See  statute  of  1897,   p.   198,   sec.   9. 

ACT   2995. 

To  prevent  hogs  from  running  at  large  in  the  towns  of  Red 

Bluff   and   Tehama,   in   Tehama   County.     LStats.    1873-4. 

p.   776.] 

Repealed   1877-8.    79. 


Acts  3wiu-ooi.;    REDDIKG     i  [OK    OF    KECORTJ&  I0S4 

TITLE  396. 

REDDING. 

ACT    3000. 

Change   nf    nHmo   of-     l*>-''ts-    1S73-4,   p.    32.] 

This   .id  (  name  from   Redding  to  Reading. 


TITLE  397. 

BSD   MKN. 
ACT   3005. 

Concerning    corporations    fur    ehnritable    and    hinenVinl    pur 

M9«I0,         i 

This    act    en&Med    an\  tfca    ImfJrt 

or    any    other    society    for    charl'  i.<-uclal    purposes,    to    1: 

porate.     See   note    to   act   «B:.    ante 


TITLE  398. 
REDWOOD   <iTY. 
ACT    3010. 

[ncorporating.     [Stats.   1867-8,  p.   111.] 

I  ,    Inoorpwt- 

I  UK   ■  I 

Cal  ■.  013. 

ACT  3011. 

ml  nnd  open   Stamhaagh  Sti 
|  Stats.   L87SV4,  p.  466.] 
ACT  3012. 

Election    of    clerk    of    board    Of    trustees    and    superintend'  nf 
of  streets.      [Stats.    1875  8,    p.   593.  | 

orporatlng   city.    In   1SS7.    urr.lcr   Municipal   Corpora 
Uon   Ai        : 


TITLE  398a. 
RESTOB  \  HON    OF    BECOBDS. 
ACT  3013. 
An   act    providing  for  the   issuance  of  duplicate  eerti fiestas, 

wlnr rtii>  ed    uiuli  r   authority   of    law    luive 

been  lust   or  destroyed   1>\    conflagration  <>r  other   publii 
calamity. 

[Approved   June    16,    1906.] 


1084a  RESTORATION    OF    RECORDS.  Act  301-1 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,   do   enact   as   follows: 

Section  1.  Whenever  any  public  board  or  officer  is  author- 
izecl  by  law  to  issue  any  certificate  of  any  kind,  and  the 
records  in  the  office  of  such  board  or  officer  show  the  issu- 
ance of  such  certificate,  and  it  is  made  to  appear  by  affi- 
davit that  such  certificate  has  been  lost  or  destroyed  by 
conflagration  or  other  public  calamity,  such  board  or  offi- 
cer may  issue  a  duplicate  of  such  certificate,  which  shall 
recite  the  issuance  and  loss  or  destruction  of  such  original 
certificate,  and  shall  have  the  same  force  and  effect  as  such 
original  certificate;  provided,  that  this  act  shall  not  apply 
to  certificates  of  acknowledgments. 

Sec.   2.     This   act  shall   take   effect  immediately. 

ACT  3014. 

An  act  to  provide  for  the  copying  of  books,  documents, 
maps  or  records  required  by  law  to  be  kept  or  pre- 
served by  city,  county,  or  city  and  county  officers, 
which  have  been  damaged  by  conflagration  or  other 
public    calamity. 

[Approved  June  16,  1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  any  book,  document,  map  or  record 
required  by  law  to  be  kept  or  preserved  by  any  city, 
county,  or  city  and  county  officer  has  been  or  may  hereafter 
be  damaged  by  conflagration  or  other  public  calamity,  it 
shall  be  lawful  for  the  board  of  supervisors,  or  board  of 
trustees,  of  the  city,  county,  or  city  and  county  in  which 
the  same  is  required  to  be  kept  or  preserved,  to  cause  such 
book,  document,  map  or  record  to  be  copied  and  transcribed 
into  a  new  and  well-bound  book. 

Sec,  2.  Said  book,  document,  map,  or  record,  when  so 
copied  or  transcribed,  shall  be  carefully  compared  with  the 
original  thereof,  and  when  the  same  shall  have  been  so 
copied  and  compared  with  the  original  thereof,  the  per- 
sons who  have  done  such  comparing  shall  each  make  an 
affidavit  which  shall  be  incorporated  into  the  book,  docu- 
ment, map  or  record  as  copied,  that  said  books  document, 
map  or  record  and  each  and  every  part  thereof  is  a  true 
copy  of  the  original  book,  document,  map  or  record  and 
each  and  every  part  thereof;  that  the  matter  of  record ^  which 
appears  upon   every  page  of  the  original   appear*  aloo   upon 


Act  3015,  §  1  nESTOKAHON    OF    RECORDS.  108th 

the  same  page  of  the  COpyj  and  that  no  matter  of  record  ap- 

]i<  ars  upon  any  page  of  the  copy  which  is  not  to  be  foand 
upon  tin-  same  page  of  the  original.  Said  book,  document, 
map  ot  r<  ."r.1  shall  also  be  authenticated  under  the  hAnd 
of    tin-    officer    having    the    custody    thereof,    to    the    effect 

that  t ho  same  is  a  true  BOpy  of  the  original  book,  docu- 
ment,   map   or    record    so    dam 

3.  Any  such  new  book,  document,  map  or  record 
copied  and  authenticated  a*  above  provided,  shall  be 
prima  facie  evidence  of  the  contents  of  the  original  book, 
document,  map  or  record;  and  it  shall  bear  tin  same  name 
and  designation  as  the  original  thereof,  and  certified  copies 
of  any  instrument  so  copied  into  it  shall  bav<  tb<  same 
force  and  effeel  as  certified  copies  of  the  original  made 
from    the    original    hook. 

Sir.    i.     The   board    of   supervisors   or   hoard    of    trustees 

of    such    city,    county,    or    city    and    ..unity,    may    make    such 

provision  fur  the  payment  fur  copying  and  transcribing 
th<  books,  documi  ots,  maps  ami  records  under  this  act, 
out  of  tto    city,  county,  or  city  and  county   treasury,  as  to 

them    may    «-■<  m    reasonable,    not    exce.ding    the    amount    now 
authorized     to     he     receivey     for     copying    and     recording     the 
inals    thereof,    and    tin     saUM    |hal]    he    a    charge    against 
tin     city,    county,    or    city    and    county. 

">.      This    act    shall    tal  immediately. 

ACT    3015. 

An    ad    relating    to    the    restoration    of    court    records    which 
have  been  lost,  injured  ..r  destroyed  by  conflagration  or 

r    public    calamity. 

[Approved    Jons    16,    1906.] 

The  people  of  th.  California,  represented  in  senate 

and  assembly,  do  i  nact  as  follows: 

on    1.     Whenever    in    any    action    or    special    pi 
in-,      civil    or     criminal,    in      any    court    of    thi;    state,    anv 

judgment,   decree,   order,   document,    reoord,    paper,    pn 

or  tile,  or  any  part  thereof,  shall  lav.  been  or  shall  hereafter 
he   lost,   injured  or  destroyed   by   reason   of  conflagration   or 

other   public    calamity,    any    party    or    person    interested    t 
in    may,   on    application    by    a    duly    verified    petition    in    writ- 
ing   to    such    court,    and    on    showing    to    the    satisfaction    of 
such   court    that    th.    same    has   hi  .  n    lost,   injured   or   destroyed 

by  conflagration  or  otheT  public  calamity,  without  fault  .r 
in  gleet  of  the  party  or  person  making  such  application, 
obtain    an    order    from    -  :    upon    notice    given    as    pro- 


1084°  RESTORATION    OP   RECORDS.  Act  SDK,   §   . 

vided  in  section  1010  to  lull  inclusive  of  the  Code  of  Civil 
Procedure,  authorizing  such  defect  to  be  supplied  by  a  dulv 
certified  copy  of  such  original,  where  the  same  can  be  ob- 
tained, which  certified  copy  shall  thereafter  have  the  same 
effect  in   all  respects   as  such  original  would   have   had. 

Sec.  2.  Whenever  in  any  action  or  special  proceeding, 
civil  or  criminal,  in  any  court  of  this  state  any  judgment, 
decree,  order,  document,  record,  paper,  process  or  file,  or 
any  part  thereof,  shall  have  been  or  shall  hereafter  be  lost, 
injured  or  destroyed  by  reason  of  conflagration  or  other 
public  calamity  and  such  defect  cannot  be  supplied  as  pro- 
vided in  the  last  section  any  party  or  person  interested 
therein  may  make  written  application  to  the  court  to 
which  the  same  belongs,  verified  by  affidavit  or  affidavits, 
showing  such  loss,  injury  or  destruction,  and  that  certified 
copies  thereof  cannot  be  obtained  by  the  party  or  persons 
making  such  application,  and  that  such  loss,  injury  or  de- 
struction occurred  by  conflagration,  or  other  calamity,  with- 
out the  fault  or  neglect  of  the  party  making  such  applica- 
tion, and  that  such  loss,  injury  or  destruction,  unless  sup- 
plied or  remedied  will  or  may  result  in  damage  to  the  party 
or  person  making  such  application,  and  thereupon  such 
court  shall  cause  notice  of  such  application  to  be  given, 
as  provided  in  section  ten  hundred  and  ten  to  ten  hundred 
and  seventeen,  inclusive,  of  the  Code  of  Civil  Procedure. 
If,  upon  such  hearing  the  court  shall  be  satisfied  that  the 
statements  contained  in  such  written  application  are  true, 
the  court  shall  make  an  order  recitiug  what  was  the  sub- 
stance and  effect  of  such  lost,  injured  or  destroyed  judg- 
ment, decree,  order,  document,  record,  paper,  process  or  file, 
which  order  shall  have  the  same  effect  that  such  original 
would  have  had  if  the  same  had  not  been  lost,  injured  or 
destroyed  so  far  as  concerns  the  party  or  persons  making 
such  application,  and  the  persons  who  shall  have  been  noti- 
fied, as  provided  for  in  this  section.  The  judgment,  d 
eree,  order,  document,  record,  paper,  process,  or  file  in  all 
cases  where  the  proceeding  is  in  rem  including  probate, 
guardianship  and  insolvency  proceedings,  may  be  supplied 
in  like  manner  upon  like  notice  to  all  persons  who  have 
appeared  therein,  and  notice  by  publication  or  po 
all  persons  who  have  not  appeared  for  not  less  than  ten 
days,  as  the  court  may  order,  and  the  same  when  res: 
shall  have  the  same  effect  upon  all  persons  who  !  ' 
personally  served  with  notice  of  such  application  a. 
original,  and  as  to  all  other  persons  the  sam<  •  '<  ih  he  prima 
facie  evidence   of   the  contents  of  such  original. 


Act  3016  RESTORATION   OF   RECORDS.  10841 

Sec.  3.  If  an  appeal  shall  have  been  taken  in  any  action 
or  special  proceeding  in  any  superior  court  in  which  the 
record  shall  have  been  subsequently  lost  or  destroyed  by 
conflagration  or  other  public  calamity,  to  a  district  court 
of  appeal  or  to  the  supreme  court,  and  a  transcript  of  such 
record  has  been  filed  in  such  district  court  of  appeal  or  in 
the  supreme  court,  any  party  or  person  interested  in  the 
action  or  special  proceeding  may  obtain  a  certified  copy 
of  such  transcript,  or  of  any  portion  thereof,  from  the 
clerk  of  the  district  court  of  appeal,  attested  by  the  pre- 
siding judge  thereof,  or  from  the  clerk  of  the  supreme 
court,  attested  by  the  chief  justice,  and  may  file  such  cer- 
tified and  attested  copy  of  such  transcript  or  of  any  part  or 
portion  thereof  in  the  office  of  the  clerk  of  the  superior 
court  from  which  such  appeal  was  taken.  Thereupon  such 
certified  and  attested  copy  of  such  transcript  or  of  any 
part  or  portion  thereof  may  be  made  the  basis  of  any 
further  proceedings  or  processes  in  such  superior  court  in 
such  action  or  special  proceeding  to  all  intents  and  pur- 
poses as  if  the  original  record  so  copied,  certified  and  at- 
tested, or  the  part  or  portion  thereof  so  copied,  certified  and 
attested,  were  on   file. 

Sec.   4.     This  act  shall   take   effect  immediately. 

ACT  3016. 

An  act  to  provide  for  the  reproduction  of  the  register  of  the 
Board  of  Medical  Examiners,  the  Board  of  Dental  Ex- 
aminers, or  the  Board  of  Pharmacy,  where  the  same 
has  been  destroyed  by  conflagration  or  other  public 
calamity. 

[Approved    June    16,    1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  the  register  or  book  of  registration 
of  the  Board  of  Medical  Examiners  of  the  State  of  Cali- 
fornia, the  Board  of  Dental  Examiners  of  California,  or 
the  Board  of  Pharmacy,  has  be<  d  or  may  hereafter  be  de- 
stroyed by  fire  or  other  public  calamity,  the  board  whose 
duty  it  is  to  keep  sueh  register  or  book  is  hereby  au- 
thorized to  reproduce  such  r<  gister  or  book  so  that  the  same 
may  show  as  nearly  as  possible  the  record  existing  in  the 
original  register  or  book   at   the   time   of  such   destruction. 

Sec.  2.  For  the  reproduction  of  the  destroyed  register 
or  book   the  board   shall    make   use  of   such   existing  official 


10S4e  RESTORATION    OF   RECORDS.  Act  3016a 

printed  registers,  books,  or  matter,  certificates,  affidavits  to 
be  presented,  or  other  official  information  as  may  be  avail- 
able and  which  may  appear,  to  said  board  to  be  authentic, 
and  upon  the  completion  of  the  said  reproduction  said 
board  shall  by  resolution  adopt  such  reproduced  register 
or  book  as  the  register  or  book  of  said  board,  and  there- 
after the  same  shall  be  taken  and  used  to  all  intents  and 
purposes  as  well  for  evidence  as  otherwise  as  if  the  same 
were    the   original   register   or   book. 

Sec.   3.     This  act   shall  take   effect  immediately. 

ACT  3016a. 

An  act  enabling  the  restoration  of  an  assessment  roll  when 
the   same   has  been   destroyed. 

[Approved    June    16,    1906.] 

The  people  01  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows. 

Section  1.  Whenever,  through  loss  by  fire,  or  other  pub- 
lic calamity,  the  assessment  roll  of  a  city,  city  and  county, 
county  or  other  political  subdivision  of  the  state  in  course 
of  preparation  by  the  assessor  of  any  city,  city  and  county, 
county  or  other  political  subdivision  of  the  state,  shall  have 
been  or  shall  be  destroyed  and  such  burnt  or  destroyed 
record  shall  have  been  reconstructed  from  such  data  as  is 
available,  it  shall  be  lawful  for  the  assessor  at  any  time 
prior  to  the  sale  for  delinquent  taxes  after  such  assess- 
ment is  compiled,  to  correct  any  assessment  erroneously 
made,  provided,  however,  that  any  correction  so  made  shall 
at  once  be  certified  to  in  writing  by  the  assessor,  to  the 
tax  collector,  the  auditor  and  the  state  controller,  and 
provided,  further,  that  the  assessor  shall  enter  opposite 
said  assessment  on  the  assessment  roll,  the  date  and  nature 
of  said  correction.  Such  change  shall  be  recognized  by  any 
city,  city  and  county,  county  or  state  official  whose  duty 
it  is  to  make  or  exact  a  financial  statement  based  on  said 
assessment  roll,  and  in  making  such  settlement  any  altera- 
tions resulting  from  such  changes  shall  be  recognized  by  such 
officials. 

Sec.  2.     This  act  shall  take  effect  immediately. 


Acts  >  REVENUE— RODEOS.  M81f 

TITLE  399. 

REVENUE. 
ACT    3017. 

To   proyide   revenue   for   the   support  of   the   government   of 
the  Btate.     [Stats.   1861,  p.  419.J 

Am.  171,     172,     242,     254,     266.    538,    553;      1863,    30,    122,    160, 

712,    721,     T  15,     71,    92,     254,    499,    513;     1865-6,    607,    660,    802, 

399. 
Cal.     Rep.    fit.     43,    6.".3;     47.    150;     47,    618;     63,    531;     70,    605;     70,    606; 
70,    507;     119,   685. 

See  as   to  this  statute   Tolo  Co.   v.   Colgan,   132   Cal.   265. 


RIO  VISTA. 
See    title   Brazos  del   Rio,    ante. 


TITLE  400. 
RIVKIJSIDK    COUNTY. 
ACT   3022. 

To  create  the  county  of  Riverside,  classify  it,  define  its 
boundaries,  provide  for  its  organization,  and  the  ap- 
point nit  nt.  eleotioa  of  officers,  the  location  of  county 
stat  l>v  cl.ct  ion,  and  tin-  adjustment  and  fulfillment  of 
bs  and  obligations  arising  between  such 
county  and  certain  other  counties.  [Approved  March 
11,    L893.     btai s.    L893,   p.   15s. J 


ROADS  AND  HIGHWAYS. 
Sec    Highways;    Parks. 


TITLE  401. 

ROD! 

ACT    3027. 

To    regulate   rodeos.     [Stats.    1851,  p.   445.] 

Ami  '  ;:     1858,    70;     1S61,    180;     1866-6,    673;     1873- 

4,    793,  \    155. 

Bee.   23;     Fol.    Code,   nee. 
19. 


1085  ROUGH    AND   READY— SACRAMENTO    CITY.     Acts  3028-3041 

ACT  3028. 

Supplemental    to    act    concerning    rodeos.     [Stats.    1858,    p. 

155.] 


TITLE  402. 
BOUGH   AND   READY. 
ACT  3033. 

To  change  the  name  of  the  town  "Rough  and  Ready,"  in 
Scotts  Valley,  Siskiyou  County,  to  Etna.  [Stats.  1873-4, 
p.  346.] 


TITLE  403. 
SACRAMENTO    CITY. 
ACT   3038. 

Boundaries,    establishing.     [Stats.    1873-4,    p.    191.] 

Superseded  by  the  charter  of  Sacramento,  1893,   547,   sec.  6.  . 

ACT    3039. 

To   incorporate.      [Stats.   1863,   p.   415.] 

Supplemented  1S63-4,  258,  295.  Amended  1863-4,  198,  484;  1865-6,  639; 
1867-8,  310;  1869-70,  339;  1871-2,  243,  697.  768,  860;  1877-8,  590;  1889,  148. 
Superseded   by    the   charter  ratified   May   17,    1S92,    Stats.   1893,   545. 

Cal.    Rep.    Cit.    41,   70;    85,    411;     85,   412;     89,    391;     96,   43;     102,    111;     106, 
127;     IIS,    394;     118,    39S;     118,   400. 

ACT  3040. 

Election   of   attorney   for.     [Stats.   1877-8,   p.   173.] 
Superseded   by   chapter   49   of   the   charter  of   Sacramento,    1893,    563. 

ACT    3041. 

Auditor  and  ex-offieio  clerk  of  board  of  trustees,  salary  of. 
[Stats.    1873-4,   p.    714.] 
Repealed   by   the   charter   of   Sacramento,    1893,    547. 

ACT    3042. 

Redemption  of  funded  indebtedness.      [Stats.  1871-2,  p.  546.] 
Amended  188?,   75;     1SS9,  325.    All  of  these  acts  repealed  1899,   85. 
Cal.   Rep     Cit.     71,   312. 

ACT    3043. 

To    confer    upon    Sacramento    City    the    power    to    construct 
canals  and  levees.     [Stats.  1S77-8,  p.  852.] 
See   charter  of   Sacramento,    1S93,    547,    sec.    70. 


Acts  3d.  •  SACRAMENTO    CITY.  lo!» 

ACT    3044. 

Authorizing  George  W.  Ohesley  to  lav  gas-pipes  in.     [Stats. 

n-2,   p.    730.] 
ACT  3045. 

Establishing     and     maintaining     I     dispensary     in.      [Stats. 
1871-2,  p.  531.] 

Probati'y    repealed   by   art.    XII   of  the  charter  of  Sacramento.    1SS3, 
598. 

ACT    3046. 

To    provide    for    the    drainage    of    Sacramento    City,    and    of 
mp     land     district     number    two.      [Stats.    1867-8,    p. 
127.] 

-.    864. 
CIt.     62,   560;     59.    597. 

ACT  3047. 

Establishing     paid     fire     department    in.     [Stats.    1871-2,    p. 

866.] 

Pup;  !<  ni'rit.  ,1    1S73-4.    J06.     Superseded    by  art    X   of   the   charter   ot 
Baerai  '    591-095. 

ACT    3048. 

mpt     Firemen's     Association     of,     organizing.       [Stats. 
12,   p.   715.] 
ACT  3049. 

Expert,    appointment    of.      [Stats.    1875-6,    p.    362.] 
lied    by    the   charter   of    Sucramento. 

ACT    3050. 

Authorising  suit   i  'm   Hoagland   et   al.     [Stats. 

1875-6,  p.  214.] 
Amended  1875-6.   365. 

ittoi  :il      (H'fifcland    v.    Sacramento,   62   Cal.    142.) 

ACT    3051. 

Citv    and   county,   streets    and    roads    in.     [Stats.    1873-4,    p. 

amended    1S75-6.    by   repealing   sec.    1.    p.   303. 

ACT    3052. 

improvement   of.     [Stats.    1875-6,    p.    157.] 

ed   by   the  charter  of  Sacramento,    1893,   646. 

ACT    3053. 

Legalizing   the   assessment   of   a    street    tax.      [State 
,..    B96.] 

institutional.     (People  v.    Lynch.   61   Cal.   15.) 


1087  SACRAMENTO    COUNTY.  lets  3054-3CHS 

ACT   3054. 

Legalizing    street    assessment    in.     [.Stats.    1873-4,    p.    691.] 

Unconstitutional.     (People   v.    Lynch,    51   Cal.    15.) 
ACT  3055. 

Payment    oi    school    moneys    into    the    treasury    of.     [Stats. 

1875-6,  p.  860.] 
ACT  3056. 

Granting   swamp    lands    to.      [Stats.    1857,    p.    155.] 
ACT   3057. 
Further  powers  of  board  of  trustees.     [Stats.  1875-6,  p.  624.] 

Amended    1S77-8.    840.     Superseded    by   the    charter   of    Sacramento. 
ACT   3058. 
Eelative    to    boards    of    trustees.     [Stats.    1877-8,    p.    639.] 

Superseded   by  the   charter,    1893,   545. 
ACT  3059. 

Collection   of   water  rates   in.     [Stats.    1877-8,    p.    369.] 

Superseded   by    the    charter,    1893,    545. 


TITLE  404. 
SACEAMENTO    COUNTY. 
ACT  3064. 

Government  of.     [Stats.   1873-4,  p.  909.] 

Amended    1875-6,    280;     1877-8,    267.     Superseded    by    County    Govern- 
ment Acts,   see  1897,   452. 

ACT   3065. 

In  relation  to  assessor   of.     [Stats.    1877-8,  p.   87,] 

Repealed   by   County   Government   Acts,    see   1897,    507,    sec.    162. 

ACT   3066. 

Fixing    compensation    of    district    attorney.      [Stats.    1871-2, 
p.   863.] 
Superseded    by    County    Government    Act,    1897,    452. 

ACT   3067. 

East    Park,    protection    of   property    of.      [Stats.    1873-4,    p. 

465.] 
ACT    3068. 

Fees    of    justices    of    ths    peace    and    constables    in.      [Stat?. 
1S73-4,  p.   863.] 

Repealed   by    fee  bill,    1S95,    270,    272. 


Acta  30-'  SACRAMENTO    COUNTY.  10*8 

ACT    3069. 

Fees  ol  office  and  compensation  of  officers.     [stats.   1^73-4, 
p.    204.] 

Sapplemen  ded     as     to     the     Ofttofira     therein 

named   by   the   fee   bill  ;mJ   County   Government  Act,    1837,    45i 

ACT    3070. 

To  provide   an   additional  judge   for.     [Stats.   1S95,  p.  48. J 

ACT    3071. 

Board   of   levee   commissioners,   additional   powers   conferred 
on.     [Stats.     L877-8,    \>.    73.] 

.    863. 

ACT  3072. 

tenting    oonetraction    rind    repair    ol    levees    in  Sacra- 
mento    County.     [State*    1862,    p.    151.] 

Am.  i  I.    468 

CaJ.    |  K8. 

ACT    3073. 

Additional   aotaries  pnolie  in.     | stats-.    is:i  2,   p.   881.] 

Tills   act    i  appointment  of  four  additional   DO 

ACT    3071. 

Transcribing  '"•     I  Stats.  1S73-4,  p.  475.] 

ACT  3075. 

Public  roads  in.     [Stat  p.  858.] 

..    sec.   2,    and   by   Count;, 

ACT   3076. 

Roade   in.     [stats.   L873  1,  p.   723.] 

:  |    Me.     1.    1 

ACT    3077. 

kiiawine    certain    persons    to    tak(  n    ol    and    wv 

^  prove   a    -Main    road   in.     [State.    L873-4,   p.   5! 

ACT   3078. 

r  atrictina  Bheep  from  being  herded  or  running  at  larg 
[Stats.    1875  8,   p.   S 
As  to  running  a 


10S9  SALINAS    CITY— SAN    ANTONIO    CREEK.     Acts  3079-309"! 

ACT   3079. 

Eelating  to  president  and  clerk  of  board  of  supervisors  of. 
[Stats.    LS71-2,   p.   721.] 
Repealed   by   County    Government   Act,    1897,    452. 

ACT    3080. 

Denning  powers  of  board  of  supervisors  of.     [Stats.   1871-2, 
p.    216.] 
Repealed   by   County    Government   Act,    1897,    452. 

ACT    3081. 

Prescribing    the     manner    of    counting    the    moneys    in    tho 
hands  of  the  treasurer  of.      [Stats.   1875-6,   p.   831.] 
Superseded  by  County  Government  Act,   1897,   483,   sec.   115. 


TITLE  405. 

SALINAS    CITY. 
ACT    3086. 

Incorporation    of.      [Stats.    1873-4,    p.    242.] 
Repealed   1875-6,    119. 

ACT  3087. 

Eeincorporating.      [Stats.    1875-6,   p.    94.] 

Amended   1S95,    206. 

Superseded   by    charter    1903,    p.    599. 


TITLE  406. 

SALINAS  BIYEE. 
ACT    3092. 

To  declare  Salinas  Eiver  in  Monterey  County,   a  navigable 
stream.      [Stats.   1861,   p.   49.] 
Incorpoiated   in   Political    Code,    sec.    2349. 


TITLE  407. 

SAN    ANTONIO    CEEEK. 
ACT    3097. 

To  declare  navigable  the  Arroyo  del  San  Antonio  or  Keyes 
Creek,    in    Marin    County.      [Stats.     I860,    p.    126.] 
Amended   1873-4,    564.     Incorporated   In   Political   Code,   sec.   2349. 
Gen.  Laws— 69 


Act  3098-3110   SAN    DENITO    COUNTY-SAN    BERNARDINO    CITY.     K'W 

ACT  30S8. 

To    authorize    the    construction    of    a    swing    or    drawbridge 

across    the    Ban     Antonio    Creek,    in    Alameda    County. 

[Stats.  1869-70,  p.  693.] 

Amended   1871-2,   83. 


TITLE  408. 
SAN   BENITO    COUNTY. 
ACT    3103. 

Act    C  rent  in  g.         [Stats.    1873-4,    p.    95.] 
Bupplenrai  t    1  The    latter   act    supplemented    1876-6,    177. 

Original   act  amended   180,    103. 

ACT   3104. 

Provisions  of  act  of   1873-4,  p.  50,  to  prevent  trespassing  of 
animals,   made   applicable    to.     [Stats.   1873-4,    p.   474.] 

Repealed   1877-8.    176;     lS'.T,   198. 

ACT    3105. 

Licenses    in.      [Stats.     1877-8,    p.    272.] 

Superseded    by   Political   Code,    sec.    3366.    as  amended    1901,   636.    and 
by  County   Government  Acts,   see   18U7,   473,   sec.    66. 

ACT    3106. 

Legalizing  transcribed    records  of.     [Stats.    1875-6,   p.   512.] 

ACT  3107. 

Directing    the    transcription     of     matters     of     record     from 
no    and    Merced    counties    to    San     Benito     County. 

[Stats.    1SS9,  p.   107.] 

ACT   3108. 

is    and    highways    in.     [Stats.    1877-8,    p.    273.] 
Repealed  1&S3,  6,  chap.  X,  sec.  2. 


TITLE   408a. 
SAN    BERNARDINO    CITY. 
ACT    3110. 

Charter    of.      [Stats.    1905,    p.    940.] 


1091  SAN    BERNARDINO    COUNTY.  Acts  3U3-'il23 

TITLE  409. 

SAN    BERNARDINO    COUNTY. 
ACT   3113. 

Making  act  protecting  agriculture,  and   preventing  the  tres- 
passing   of    animals.      [Stats.    1871-2,    p.    510.] 
Repealed   provisionally,    1873-4,    190;     also   1897,    198;     1901,    603. 

ACT  3114. 

Protection    of    agriculture,    and    preventing    trespassing    of 
animals  upon  private  property.      [Stats.   1875-6,  p.  307.] 
Repealed  1897,   198. 

ACT   3115. 

Regulating   and    protecting   bee-keeping   in.      [Stats.    1877-8, 

p.   563.] 
ACT    3116. 

District    attorney,    salary    of.      [Stats.    1875-6,    p.    389.] 
Repealed   by   County   Government   Acts,    see   1897,    516,    sec.    167. 

ACT  3117. 

Regulating  fees  of  office  and  salaries  of  officers  of.     [Stata. 
1871-2,   p.   490.] 

Amended  1874,    130.     Repealed   by  fee  bill,    1S95,    269,    and   by    County 
Government  Act,   1897,   516,   sec.   161. 

ACT    3118. 

Officers  and  fees  of  office  in.     [Stats.  1873-4,  p.  616.] 

See   sees.    217,   218,   221,    County   Government   Act,    1897,    573,    574. 

ACT   3119. 

Salaries   and   fees.     [Stats.   1877-8,  p.   80.] 

Repealed   by   County   Government   Acts,    see   1S97,    516,    sec.    167. 

ACT    3120. 

Irrigation,  protecting,  and  making  water-rights  responsible 
for  expenses  incurred  on  irrigating  ditches.  [Stats. 
1875-6,  p.  486.] 

ACT    3121. 

To   provide   an   additional   judge   for.     [Stats.    1887,   p.    19.] 

ACT  3122. 

Public  records  in  office   of   county  recorder.      [Stats.   1875-6, 
p.   853.] 
This    act    provided    for    the    transcription    and    preservation    of    the 
records. 

ACT   3123. 

Making    the    provisions    of    the    Political    Code    concerning 
highways   applicable   to.      [Stats.    1875-6,   p.   57. 


Acta  3134-3140  P\N    BUENAVENTURA.  MM 

ACT    3124. 

LegaUgfeg  n-<-i..rds  in.      [Stats.    18ffl,  p.   B2.] 

ACT  3125. 

Providing    for    election    of    supervisors    in.     [Stats.    1S73-4, 
p.  111.] 

Sii|>frseded  by   County   Government   Act,    189".    ISL 

ACT    3126. 

To   divide   into   supervisor   districts.      |St:iTv    1877  >,   p.    799. J 
Repealed    by   County   Government   Acts,    see    1897,    4S2. 

ACT   3127. 

rvisors,    compensation    of.     [Stal  '.    p.    4S8.] 

•  aled   by   County   Government    Acts,    see   1^97,    4."»2. 

ACT    3128. 

To    authorize    thr    construction    of    a    WBgOll    road    in,    and    to 

provide    for   the   payment   of   the   cost,     [stats.    1 

p.  58«.] 

ACT    3129. 

Board   of    water    commission*  rs    fur.      [Stats.    lS»io-4,    p.    S7.J 
Amended  1866-a,   93. 


TITLE   410. 
RAX  BEBNABJDXNO,  TOWN  OF. 

ACT    3134. 

(i  ran  tiny     to,    state's     interest    rn      rcrtain     lands.     [81 
1871-2,    p.    862.] 

This  act  .  ny    land    which  may   ha 

to   the   state   on    the    In.  ■•ri>oratlon   becoming   extinct   on   March   8,    1S6X 


TITLE  411. 
PAN    BUENAVENTURA. 
ACT  3139. 

Incorporating.     [Stats.   L865-6,   p.  21fi.] 
Baparaeded    t>y   i*73-4,   54,   1  .  nig. 

ACT  3140. 

Reincorporating.      |_Stats.    1S7.3-G,    p. 
Amended   1877-8,   Ul. 


1093  SAN   DIEGO   CITY.  Acts  3141-  U".l 

ACT    3141. 

Reincorporating,   and  approving  certain  ordinances  and  pro- 
ceedings.     [Stats.   1873-4,  p.  54.] 
Superseded  by  reincorporation  by  statute  of  1875-6,   p.   534. 


TITLE  412. 

SAN  DIEGO  CITY. 
ACT  3145. 

Charter    of.     [Stats.    1889,   p.    643.] 
Amended   1895,    901. 
Cal.    Rep.    Cit.     141,   318;     141,   320. 

ACT    3146. 

Act   to   reincorporate.      [Stats.    1871-2,   p.    285.] 
Repealed    1875-6,    815. 

ACT  3147. 

Eeincorporating.     [Stats.   1875-6,  p.  806.] 

Amended  1889,    302.     Superseded   by   charter,    1SS9,    643. 

Cal.    Rep.    Cit.    77,    513. 

This    amendment    was    declared    unconstitutional.     (People    ex    rel. 
Miller  v.    San   Diego,   85  Cal.   369.) 

ACT   3148. 

Legalizing    conveyances    of    pueblo    lands    in.      [Stats.    1869- 
70,  p.  409.] 

ACT   3149. 

Concerning  conveyances  by  municipal  authorities  of.    [Stats. 
1873-4,   p.   85.] 

Cal.    Rep.    Cit.     101.    527. 

This  act  validated  deeds  made   without  a  seal. 

ACT    3150. 

To     legalize,    ratify,    and    confirm    certain    conveyances    of 

land  made  by   municipal   authorities  of.     [Stats.   1871-2, 

p.   309.] 

ACT  3151. 

Authorizing  trustees  , of  the   city  of  to   convey  lands  to   the 

United    States.      [Stats.    1S67-8,    p.    8.] 

This   act   authorized   th.    conveyance   of   lands   to  the   United   States 
for  military   or   naval   purposes. 


Acta  3152-3160  SAN  nTY.  10»4 

ACT    3152. 

To  t:  ertain  real  tin'  United  States.     [Stats. 

187.".-'..    p.    104.] 

Thts    art    ,iuth  irized  I   y    to    change 

the  course  of  tli.-  river    - 

ACT   3153. 

Ratifying  a  conveyance  made  by  tlio  city  of  to  Richard  C. 
M.  I  orn  :  J82.] 

ACT    3154. 

Legalizing    ■>  rtain  ordii  i   pealing  othera  with 

ref(  •  A  Pacifl  i      ipany.     [Stats. 

L873-4,  p.  370.] 

ACT 

Port    of,    establishing    pilots    anil    pilot    regulations.      [81 

ACT   3156. 

to]    districts,    localizing    nii-l     confirming    boundaries    of. 
[Stats.    1873-4,   p.  391.] 


TITLE  413. 
PAN    DIEGO   COUNTY. 
ACT  3160. 

An    act    to    authorize    and    provide    for    the    trnn«f<r    to    the 
■jTni-  title  to  and  the  jurisdiction  over 

certain  tide  lands  in  San  Diego  Bay,  mtv. 

Stat.'  of  California,  and  to  empower  the  Board  of  - 
garbor   Commissioners   for   the   Bay   of   San    Diego    as 
tin    agent    of  the   state   to   make   such    transi 

[Approved  June  1«,  1906.] 

The  people  of  the  state  of  California  ted  in  s,nate 

and   assembly,  do   enact  as  follows: 
Section  1.    Upon  the  enactment  oi  appropriate  legi 

by   Congress,    providing    for   the    taking   of    the    real    property 

hereinafter  described,  belonging  to  the  81  alifOrnia, 

situated   in   8  County,   the    Board   of   State    Harbor 

Commissioners  fo]  may,  and  is  hereby 
authorizi  d.   to 

purposes  the  title  to,  and  cede  to  the  I'nitid  81  ..ru- 
in, nt  the  jurisdiction  over  the  following  described  tide  lauds 
in   Sa.u    Diego    Buy: 


I"9**  SAN    DIEGO   COUNTY.  Acts  3161-J153 

Beginning  at  a  point  on  the  main  ship  channel  side  of  the 
shoal  three  hundred  feet  (300  ft.)  northerly  from  Black 
Beacon  number  one  (1),  running  thence  one  thousand  feet 
(1,000  ft.)  iii  a  northwesterly  direction  along  the  ship 
channel  side  of  the  shoal;  thence  across  the  shoal  six  hundred 
feet  (600  ft.)  in  a  westerly  direction  to  the  Portuguese 
channel;  thence  in  a  southerly  direction  along  the  west ;  side 
of  the  shoal  one  thousand  feet  (1000  ft.);  thence  in  an 
easterly  direction  six  hundred  feet  (600  ft.)  to  place  of  be- 
ginning, together  with  wharf  privileges  appurtenant  neces- 
sary to  the  use  of  said  land. 

Sec.  2.  A  deed  duly  executed,  and  delivered  by  the  presi- 
dent of  the  Board  of  State  Harbor  Commissioners  for  the 
Bay  of  San  Diego,  thereunto  duly  authorized  by  said  board, 
shall  pass  and  vest  title  to,  and  jurisdiction  over,  said  prop- 
erty in   the   government   of   the   United   States. 

Sec.  3.  A  condition  of  the  above  cession  of  tide  lands  is 
that  all  civil  process  issued  from  the  courts  of  this  state, 
and  such  criminal  process  as  may  issue  under  the  authority 
of  this  state  against  any  person  charged  with  crime  may  be 
served  and  executed  thereon  in  the  same  mode  or  manner, 
and  by  the  same  officers  as  if  the  grant  to  the  United  States 
Government    had   not   been   made. 

Sec.  4.  The  Board  of  State  Harbor  Commissioners  for  the 
Bay  of  San  Diego  is  hereby  authorized  and  empowered  to  do 
and  perform  all  acts  which  are,  or  may  be  necessary  in  law 
or  otherwise,  to  carry  out  the  purposes  of  the  above  grant. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its   passage. 

ACT    3161. 

Government  of.     [Stats.   1875-6,  p.   558.] 
Repealed  by   County   Government   Acts,    see   1897,   452. 

ACT   3162. 

Providing   for   government   of.      [Stats.    1871-2,   p.   191.] 

Amended    1874,    221.     Certainly    modified    and    probably    repealed    by 
County   Government   Act,    1S97,    452. 

ACT    3163. 

To   protect   agriculture,   and   prevent   trespassing   of   animals 
upon  private   property.      [Stats.   1875-6,  p.   45S.J 

Amended    U77-8,    245.     Repealed    by    the    eslray    law,    i&j;,    198,    and 
1901,  603. 


Arts  8164-3173  SAN    DIEGO   COUNTY.  1094b 

ACT  3161. 

MOT    of,    compensation    of.      [State.     1 S73- 1,    p.    443.J 
:-l   by    CoUnty  Government  Acts,  see  1897.   51.1,   sec.    165. 

ACT  3165. 

Often*   ami    fettfl  of  office   in.      |  Stats.    1873-4,   p.  616.] 

nni.nt    Art.    183T.    573,    674. 

ACT    3166. 

-    of    office    and    salaries    of    officers.      [Stuts.     1S75-6,    p. 

nnty    Government    Acts,    see 
'    ■  .    L'67. 

by    the    constitution    of    1879.     (People    v.     Hamilton, 
Mffl  Cn' 

ACT   3167. 

To  appropriati  r  the  use  of  county  elerk  of.     [Stats. 

1877-8,  p.  108.] 

iled   by    County   Government    Acta,    see   1897,    513.    sec.    165. 

ACT    3168. 

Additional  notaries  public     [Stats.   1871-2,  p.  2?,*.] 

Superseded  by   Polltlci  c.   791. 

This    act    provided    for    the    appointment    of    three    additional    no- 
taries. 

ACT    3169. 

Supervisors    to    transfer    certain     funds    of.      (Stats.     1877-8, 

p.  2.-.:.) 

•\<=o\1e<l    by   subd.    15!.    cor.    2".    CoUnty   Government   Act.    1897,    463. 
This   act    authorized    the    transfer   of    funds   from    the    swamp    land 
fund    to   the   contingent    fund. 

ACT   3170. 

Funding  indebtedness  of.     [Stats.  1877-8,  p.  540.] 

ACT   3171. 

To  increase  the  number  of  superior  judges  in.     [Stats.  1889, 

P.   5.] 

ACT  3172. 

To  reduce   the  number  of  superior  judges  in.     [Stats.   1895, 

p.    21.] 

ACT  3173. 

and   highways   in.     [Stats.   1877-8,  p.  50.] 
Be]  2. 


1095  SAN    FRANCISCO.  Act  3174 

ACT  3174. 

An  act  providing  for  authority  to  use  the  tide  waters  of  the 
entrance  to  "False  Bay"  in  San  Diego  County,  and 
certain  lands  adjacent  thereto,  to  propel  machinery;  and 
to  permit  the  erection  and  maintenance  of  structures 
for  the  installation,  maintenance  and  operation  of  such 
machinery;  and  fixing  the  charge  therefor.  [Approved 
March  20,  1905.     Stats.   1905,  p.  294.] 


TITLE  414. 
SAN  FRANCISCO. 
There  are   a  number  of   acts  relating  to   cities   and   coun- 
ties of  the  first  class,  as  follows: 

An  act  relating  to  as-sistants  to  city  attorneys  in  cities  over 
100,000.     [See  ante,  City  Attorney.] 

An    act   relating   to    dcmities.    eWks,    and    copyists.         [See 
ante,    title   County   Clerk.] 

An    act    relating    to    coroners.      [See    ante,    title    Coroners.J 

An  act  providing  for  the  manner  of  paying  fees  in  cities 
and  counties  of  the  same   class.     [See  ante,  title  Fees. J 

An  act  to  regulate  the  quality  and  standard  of  illuminating 
power  and  gas  in  cities  over  10u,00  [Seo  ante,  title 
Gas.] 

An  act  conferring  on  cities  of  the  first  class  power  to 
provide  for  the  erection  of  a  municipal  hospital.  [See 
ante,  title   Hospitals.] 

An   act  relating  to   Italian   interpreters   in   cities   over   100,- 
000      [See  ante,  title  Interpreters.] 

An  act  relating  to  the  recovery  of  judgments  in  cities  of 
over    100,000.      [See    ante,    titles   Counties,   Judgments.] 

An  act  relating  to  police  in   cities  of  the  first  class.      [See 
ante,   title  Police.] 

\n  act  conferring  on  the  governing  bodies  of  cities  and 
cities  and  counties  over  100,000  inhabitants  the  power 
to  acquire  or  condemn  land  for  a  suitable  site  and  erect 
thereof  suitable  buildings  for  municipal  purposes. 
[See  ante,  act  2352.] 


Acta  3175-3180  SAN    FRANCISCO.  1*% 

An  act  relating  to  treasurers'  deputies  and  clerks  in  cities 
and  counties  over  200,000.     [See  post,  title  Treasurers.] 

Bonds  for  construction  of  seawall.  [See  act  providing  for 
submission  of  question  of  issuance  to  people,  title 
Bonds,  ante.] 

ACT  3176. 

An   act   making   an    appropriation    to   pay    the   claim   of   the 
r'l    of     education    of    the    city    and    county    of    San 
Francisco  against  the  state  of  California. 

[Approved    June    14,    1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  sum  of  twenty-five  thousand  dollars  is 
hereby  appropriated  out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated  to  pay  the  claim  of  the 
board  of  education  of  the  city  and  county  of  San  Fran- 
cisco against  the  state  of  California. 

Bee.  2.  The  controller  is  li .  reby  directed  to  draw  his 
warrant  in  favor  of  said  board  of  education  of  the  city 
and  county  of  San  Francisco  for  the  sum  of  twenty  five 
thousand  dollars,  and  the  state  treasurer  is  hereby  directed 
to    pay    the    same. 

Sec.  3.     This  act  shall  take  effect  immediately. 

ACT  3177. 

Charter  of  San  Francisco.     [Stats.   1899,  p.  241.] 
Amended   1903.   583. 
Cal.    Rop.    Cit.     139.    230;     139,    231;     139,    232;     139,    454;     145,    175;      J45, 
179;     14.-).    686. 

ACT  3178. 

For  establishing  and   maintaining  an  almshouse  in.      [Stats. 

1865-6,  p.  214.] 

Amended    1867-8.    427.     Superseded    by   the   charter   of    that   city. 

ACT  3179. 

Opening   Army   street   in.      [Stats.    1877-8,   p.    <s70.] 

ACT  3180. 

Assessor   to   appoint    deputies.      [Stats.    1877-8,   p.    173.] 
Superseded   by  chap.   4  of  art.    IV  of  the  charter  of   San    Francisco. 


1097  SAN    FRANCISCO.  Acts  3181-3189 

ACT  3181. 

Auditor,    facilitating    transaction    of    business    in    office    of. 
[Stats.   1875-6,  p.   852.] 

Superseded   by  charter   of   San    Francisco,   chap.   2,    art.    IV. 

This   act   provided   for   a  deputy   auditor. 

ACT  3182. 

Authorizing   the    grading   of   Bay    street   and    the    changing 
of  its  grade.     [Stats.   1877-8,  p.  931.] 

Cal.    Rep.    Cit.    63,   400. 

ACT  3183. 

Board   of   education   authorized   to    exchange   a   lot  of  land. 

[Stats.    1873-4,   p.   574.] 
ACT  3184. 

In  relation  to  the  powers  and  duties  of  board  of  education 
of.      [Stats.   1871-2,  p.   561.] 

Repealed   1873-4,    782. 

ACT  3185. 

Defining  the  boundaries  of  San  Francisco  beach  and  water 

lots,  and  granting   the   same  to  the   city.      [Stats.   1851, 

p.    307.] 

Cal.    Rep.    Cit.    54,    42;-   54,    43;     54,    44;     54,    464;     64,    459;     54,    460;     64. 
461;     54,    462;     118,    179;     118,   214;     137,    246. 

ACT  3186. 

City  hall,  act  to  provide   for  the  erection.      [Stats.  1869-70, 

p.  738.] 

Cal.    Rep.    Cit.    42,    550;     110,    222. 

*-OT  3187. 

Purchaser    of    city    hall    lots,    execution    and    delivery    of 
deeds    to.      [Stats.    1873-4,    p.    939.] 

ACT  3188. 

New  city  hall,  completion  of.     [Stats.  1875-6,  p.  461.] 

Amended   1877-8,    §2,    382. 
C  il.    Rep.    Cit.     67,   157. 

ACT   3189. 

Board  of  city  hall   commissioners,  abolishing.      [Stats.   1873- 
4,    p.   828.] 
Supplemented    1875-6,    863. 


Acta  31  SAN    PRANCISCfih  lQJc 

ACT  3190. 

Om  iiiic,    authorizing     sup.  r\  isors     to     convey     a 

'in  piece   uf   laiici    e«atpriauigL      [ st:its.    l s ; 3 -  i .    p. 

272.| 

ACT  3191. 

To    proridc    f<>r    an    op<  n    canal    through    Channel    street    in. 

Cal  -•  i 

ACT  3192. 

Channel    itreel    and    Mission    Creek,    construction    of    open 
J   tOfough,     JStats.    1871-ft   p.   926.] 

(VI      Rap     Clt.     H,    TJ;      U,    :-Jl;      '.. 

ACT  3193. 

I'ity    l..,ar.|    «>f    .  x  i ttiin.i tion .  Bg    further    power   upon, 

and   upon   tin-   Hoard   of  0,   auditor,  and   treat 

[State,    1878  ».  p.   177.] 

irter    of    San    Francisco,    see    Mllchi  II    v. 

ACT  3194. 

Authorizing   comn  i    debt   to   trai 

in  funds  and  property  i".     [Stats.   L871-9,  p.  D 

ACT  3195. 

To  authorise    the  comn  -    of  the  funded  debt  to  cum- 

promise  and  tain  claims  t«>  real  a  I   to 

;.|i  real  estafc  [Stats.  18<52, 

,,.    217.] 
Amended    1S63.    69.     Tin  B6H,    *74. 

ACT  3196. 

Autliuri.'  \an<-os  by   commissioners  of  Um 

funded   d.  bt  i   p.  886.] 

Cbl  ■  .    <«!■ 

ACT  3197. 

Legalizing   conveyances   made  by   th<  sioners  of   the 

Broking  fund.     [Si  -1.] 

This    act  ■  rtaln    sales    made    by    the    commission'  I 

Jan.,.1- 

ACT  3198. 

Authorizing  mayor  of  I  tain  lands,  to  the  San 

Francisco     Lyiag-in     Eospital     aud      Foundling     Asylum. 

[Stats,  1871  2,  p.  513.] 


1099  SAN   FRANCISCO.  Act  3199-3204 

ACT  3199. 

Authorizing  supervisors  to  sell  and  convey  a  certain 
piece  of  land-  comprising  old  Cemetery  Avenue  and  the 
triangular  plaza  reserved  by  the  Outside  Land  Com- 
mittee up  to  the  new  Cemetery  Avenue.  [Stats.  1871-2, 
234.] 

ACT  3200. 

To    legalize     certain     conveyances.      [Stats.     1837,    p.     200.] 

C«U.    Rep.    Cit.     53,    596. 

This  act  confirmed  sales  at  auction  by  the  commissioners  of  the 
funded    debt    of   San    Francisco   before   the   first   day   of  .January,    1854. 

ACT  3201. 

Authorizing  conveyances  to  South  San  Francisco  Rome- 
stead  and  Railroad  Association,  of  certain  overflowed 
lands    in    San    Francisco.      [Stats.    1863,    p.    487.] 

ACT  3202. 

Providing   for   the    relief   of   John    J.    Conlin,    and    directing 

the  supervisors  of  San  Francisco  to  order  paid   to   said 

Conlin    his    claim    against    the    city.         [Stats.    1895,    p. 

348.] 
Cal.   Rep.    Cit.     114,   406. 

Jnconstitutional.     (Conlin    v.     Supervisors,    114    Cal.    404.) 

ACT  3203. 

Relative  to   coroners  in.      [Stats.  1871-2,  p.  403.] 
Amended   1873-4,    908;     1S75-6,    397. 
Cal.    Rep.    Cit.     118,    140. 

Cadified  In  part  by  amendments  of  Penal  Code,  1905.  See  notes 
to    §5(    1510,    1511a,    151.1b,    1512,    lr.lla,    Penal    Code. 

'Modified  as  to  appointees  by  sec.  2,  chap.  6,  art.  IV,  charter  or 
San  Francisco.  Supersede  J  as  to  coroners  generally  by  County  Gov- 
ernment Act,  1897,  4*1.  Repealed  by  sec.  1513,  Penal  Code.  See  Kuhl- 
man  v.   Superior  Court,   122  Cal.    636."— Cade   Commissioners'    Note. 

ACT   3204. 

Concerning   costs   in.      [Stats.    IS60-6,   p.   66.] 
Amended    1871-2,    93.     Repealed    1903,    253. 
Cal.    Rep.    Cit.     58,    67;     70,    32S;     89,    461,    113,    645;     113,    64S. 

The  code  commissioners  in  their  note,  which  was  prior  to  the 
repeal  of  1903,  say:  "Perhaps  in  force  as  to  plaintiff's  costs.  (Fan- 
ning v  Leviston,  !i3  Cal.  188;  Golden  G.  L.  Co.  v.  Sahrbacher,  105  Cal. 
114).  Repealed  1895,  p.  267,  (Miller  v.  Curry,  113  Cal.  644,)  as  to  fees 
nan.ed   in   that  act." 


Acts  320.1-3213  SAN    FRANCISCO.  1100 

ACT  3205. 

County  clerk,  act  in  relation  to.     [Stats.  1871*2,  p.  58.] 

See  charter  of  San  Francisco,  sec.  1*.  art.  XVI,  and  sec.  3,  chap. 
6.    art.    V. 

ACT    3206. 

Count v    el<  rk    to   keep   his   office   open   on   all   election    days. 
[Stats.    1875-6,   p.   142.] 
led  1SS0.  18. 

ACT    3207. 

Concerning    deputies    and    assistants    of    county    clerk    and 
their   salaries.      [Stats.    1871-2,   p.   76.] 

Cal.   Rep     Clt.     67,    18X 

•■Attempted  to  be  superseded  by  1880,  p.  20.  chap.  XXVI,  is 
amended  1891,  p.  6.  chap.  VII,  but  they  were  unconstitutional  (San 
Francisco  v.  Broderlck,  125  Cal.  iss);  but  now  superseded  by  charter. 
of   that   city." — Code   Commissioners'    Note. 

ACT   3208. 

Additional  fees  for  city  and  countv  attorney  and  his  assist- 
ants.    [Stats.    1871-2,    p.    40.] 
Superseded   by  sec.  12,   1885,   167. 

ACT    3209. 

Empowering  cities  and  counties  of  over  100,000  to  pay  for 

rent   pi   courtrooms,   police  stations,  and  for  the  salaries 

of   janitors   out    of   the   general    fund.     [Stats.    1880,   p. 

114.] 

Superseded    by   charter   of   San    Francisco. 

ACT    3210. 

District  attorney  of  San  Francisco,  authorizing  appointment 
of    a    second    assistant.     [Stats.    1S77-8,   p.    70.] 

Superseded    by    charter    of    San    Francisco. 

ACT  3211. 

District   attorney  of,   office   of.      [Stats.    1873-4,   p.   602.] 
Superseded  by  chap.   3  of  art.   V  of  charter  of  San   Francisco,   183a, 
278. 

ACT   3212. 

Dupont   Street,   preservation   of  name   of.     [Stats.   1877-8,   p. 

23.] 
ACT    3213. 

Daponl    Street,  Baa   Francisco,  widening  of.     [Stats.  1875-6, 
p.   133.] 

C*l.    Rep.    Clt.    62.   13;     7:,    109;     3:.   327;     98,   672;     116.   68. 


HOI  SAN    FRANCISCO.  Acts  3214-3221 

ACT    3214. 

To   define  and  establish  the  width  of  East  Street.     [Stats. 

1865-6,   p.   361.] 
ACT   3215. 

Authorizing   closing  part   of   Elm   Street   in   San   Francisco. 

[Stats.   1877-8,  p.  961.] 
ACT    3216. 

Registration  of  voters.     [Stats.  1877-8,  p.  299.] 

Cal.    Rep.    Cit.     54,    405;     86,    67;     86,   68;     88,    515;     88,    517;     97,    84;     111, 
305;     114,   330;     126,   398. 

"Superseded  in  part,  if  not  entirely,  by  Political  Code,  sees.  1127, 
1128,  1129,  and  art.  XI  of  the  charter  of  San  Francisco.  (Fragley  v. 
Phelan,    126   Cal.    383.)"— Code   Commissioners'    Note. 

ACT    3217. 

Concerning    the    fees    of   jurors    and   witnesses    in    the    city 
and   county   of   San  Francisco.     [Stats.    1863-4,   p.   365.] 

Repealed    by    act    of    1865-6,    122.    The    repealing   act    was    in    turn 
repealed   by   the   statute   of   1903. 
Cal.   Rep.   Cit.    124,   87. 

Repealing  act,    cited,    138,   272. 

ACT   3218. 

Fifteenth  Avenue   extension  in,  opening.     [Stats.   1875-6,  p. 

762.] 

ACT  3219. 

To    provide    for    the    prevention    of    conflagrations    and    the 
protection    of    property    saved    from    fire    in    San    Fran- 
cisco.    [Stats.    1865-6,   p.   79.] 
Amended  1867-8,   280. 

This  act  provided  for  the  appointment  of  a  fire  marshal  by  the 
board  of  underwriters.  It  was  superseded  by  the  charter  of  San  Fran- 
cisco,  chap.    5,    art.    IX. 

ACT   3220. 

Providing  for  a  paid  fire  department  in.     [Stats.  1873-4,  p. 

942.] 
Superseded  by   the  charter  of   San   Francisco,    art.   IV,   1899,   385. 

ACT  3221. 

Eeorganizing   and   regulating   the    paid    fire    department    of. 

[Stats.  1877-8,  p.  685.] 
Supeiseded  by  charter  of  that  city. 
Oal.    Rep.    Cit.     139,    229;     139,    230;     139,    231, 


Acts  3222-3230 


SAN    FRVN'OISCO. 


ACT   3222. 

Supervisors,  appointment    by,  o4  :•  r  to  board  of  lire 

i missioners.     [State.    lv7-".-t,    p.    863.] 

Probably   superseded   by   charter  of  San    Francisco. 
ACT    3223. 

Providing  for  support  of  men  hi'longing  to  "paid  fire  de- 
partment" of,  if  disabled  while  in  the  performance 
of    their    duties.      [Stats.    JS71-2,    p.    703.] 

7,  ait    IX,  charter  of  San   Francisco. 
ACT    322  t. 

lerning    i  tion    of    the    secretary    of    the    fire 

department.     [State.    1-71-2,   p.   448.] 

by  charter. 
ACT   3225. 

Authorizing    president    and    secretary    of    exempt    fire    com- 
pany tn  administer  oaths  in  certain  cases.      [Stats.  1875- 
8,  ]  i.  BIO.] 
ACT    3226. 

To    authorize    the    exempt    fire    company    of,    to    receive    and 

manage   the  Ban   Francisco   department  charitable  fund 

and    receive     from    the    city    and    county    of    Ban    Fran- 

o    a    house    and    lot    for    its    use.     [Stats.    1865-6,   p. 

851.] 

ded    1871-1,    359. 
ACT    3227. 

To    establish    and    maintain    a    free    dispensary    in.      [Stats. 
L877-8,  p.  579.] 

Superseded    by   charter   of  that   city. 

ACT    3228. 

To  provide  for  a  free  public  market  on  water-front.      [Stats. 
lv.. 7,    p.    238.] 

A  n  |  76. 

ACT   3229. 

Gold)  rvation  and  improvement  of.     [Stats. 

L875-6,  p.  861.] 

•  '.    by   charter   of    San    Francisco,   art.    XIV. 

ACT    3230. 

Board  of  State  harbor  commissioners  authorized  to  set  off 
a  part  of  water-front  for  certain  purposes.  [Stats. 
1871-2,   p.    728.] 

Superseded   by    Political    Code.   sec.   J624,    as  amended   1889. 


1103  SAN    FRANCISCO.  Acts  3J51-32?3 

This   act   authorized    the   setting   apart   of   a   portion    of   the    water- 
front  for   the   exclusive   use   of   fishermen. 

ACT    3231. 

Home  of  inebriates  in.      [Stats.   1869-70,  p.  585.] 
Repealed   1895,    76,    201. 
ACT   3232. 
House    of   correction,    providing    funds    to    build    a.     [Stats. 

1871-2,  p.  878.] 
ACT    3233. 

In    relation   to    the   house   of   correction   of.     [Stats.    1877-8, 
p.   953.] 
Repealed   1893,    5. 
Cal.   Rep.    Cit.    64,    252;     72,   11;     87,   82. 

ACT   3234. 

House   of   correction,  act  for  government   of,   and  to  utilize 
labor  of.      [Stats.  1875-6,  p.  632.] 

Probably  repealed  by  the  charter  of  San  Francisco,  art.  II,  chap. 
2,    sec.    1.    subd.    11. 

ACT    3235. 

Preventing    hunting    and    shooting    on    private    grounds    in. 

[Stats.   1871-2,   p.   764.] 
ACT    3236. 

Illuminating  power,  quality,  standard,  and  price  of  gas,  reg- 
ulating in  all  cities  with  a  population  of  over  100,000. 
[Stats.   1877-8,  p.  167.] 

Repealed   as  to   San   Francisco  by  chap.    2  of  art.   I   of  the  charter. 
Cal.    Rep.    Cit.     62,    592;     62,    593. 

ACT    3237. 

Supervisors  of,  transferring  management,  control,  and  direc- 
tion of  industrial  school  department  to.  [Stats.  1871-2, 
p.  544.] 

"Juvenile  offenders  are  now  committed  to  the  Preston  School  of 
Industry  or  the  Whittier  State  School  (1SS9,  100,  111.)"— Code  Commis- 
sioners'   Note. 

ACT   3238. 

Industrial  school  department  of.  [Stats.  1873-4,  p.  271.J 
Probably  superseded  by  1S89,   100,   111,   chaps.   103  and  108. 

ACT  3239. 

Care   of  inebriates,   and   certain   insane   persons  in.      [Stats. 
1875-6,   p.   325.] 
Repealed  1S95,   76. 
Cal.    Rep.    Cit.     95,    146;     95,    150. 


Acta  3240-3248  BAM    FRANCISCO.  1104 

ACT  3240. 

Inspector   of   steam    boilers    and    steam    tanks,    appointment 
of.      [Stats.   1875-6,  p.  49G.J 

Repealed    1880,    8. 
ACT  3241. 

Additional    interpreter    for   criminal    courts.      [Stats.    1875-6, 
p.  153.] 

Superseded   by    the  charter   of   San   Francisco. 
ACT  3242. 
Declaring    [dais    Creek    in.    navigable.       [Stats.  1807-8,  p. 

356.] 

Repealed    by     »o.    2.149.     Pol      Code.    Jurisdiction    Riven     to    hart  ir 
commit  •-     ?.    StMs.    1S77-8,    p.    263.) 

ACT  3243. 

Ivy  Avenue,  to  close.     [Stats.  1877-8,  p.  6H2.J 
ACT  3244. 

To    organize    and    regulate    the    justices'    court    in    the    city 
and  C unity  of  Baa   Prandeco.     [State.   1865-6,  p.  423.] 

Am<  r  •     56       1871  Mnued    In    force    by    Code    of 

rivll     Pi  119.    as    added    In    1873-4.     Repealed    by    change    in 

code   adopted    In    1880. 
Tal      Re,..    Clt.     48.    48;      114.    331. 

ACT  3245. 

lating   pi  in   eivil   eases   in    justices'  courts  in. 

[State.   1871-8,  p.  Of. j 

rtcpmlnil    by    Code    of   Civil    Procedure.    «ec.    96. 
ACT  3246. 
Justices'    courts    for,    summons    in.      [Stats.    1875-6,    p.    855.] 

Sin-  is.  Ii  d    by    Code   of   Civil    Procedure,    sec.    849. 

This   art   app>  ara   In   full   In   Cade  of   Civil    Procedure,    Appendix,    p. 
778. 
ACT  3247. 

Leedorfl  street,  opening   and   extending.        [Stats.   1875- 
p.  563.] 
ACT  3248. 

License  -  in.     [State.   1877-8,  p.  412.] 

Bapersedtd   by  cbaxtei    of  Ban   Francisco. 
ACT    3249. 

Facilitating  and   Increasing  state   and   county  and   municipal 
licenses  in.     [Stats.   1871-2,  p.  736.] 

Cal.    Rep.   Clt.     62.   608;     63.   672. 


1106  SAN    FRANCISCO.  Act  3250-3257 

Not  repealed  by  codes.  (Ex  parte  Newman,  53  Cal.  571.)  The 
code  commissioners  say  of  this  act:  "As  to  collector  of  licenses,  super- 
seded by  chap.  5,  art.  IV  of  the  charter  of  San  Francisco,  1899,  274; 
as  to  power  to  impose  licenses,  by  subd.  15,  sec.  1,  chap.  2,  art.  II  of 
the  same  charter,  1899,  248;  and  probably  the  whole  statute  Is  super- 
seded  by   the  various  provisions  of  this   charter." 

ACT  3250. 

Concerning    collector    of    licenses.      [Stats.    1875-6,    p.    860.] 
Superseded   by  charter  of   San   Francisco,    chap.    5,   art.   IV. 

ACT  3251. 

Manufacture  of  acids   and   explosive   chemicals   in.      [Stats. 
1875-6,  p.  360.] 
Repealed    by    charter    of    San    Francisco. 

ACT  3252. 

To   fix   the   salary   of   the    clerk   of   the   mayor   of.     [Stats. 
1877-8,  p.   1023.] 

Superseded   by  charter  of  that   city. 
ACT  3253. 

To  declare  Mission  Creek  in  the  county  of  San  Francisco 
a   navigable    stream.      [Stats.    1854,    p.    190.] 

Incorporated  in  Political  Code,   sec.   2349. 
ACT  3254. 

Montgomery    Avenue,    modifying    grade    and    providing    for 
grade  of.     [Stats.  1875-6,  p.  753.] 

Cal.    Rep.    Cit.     67,    47;     67,    50;     67,    51;     67,    52;     102,    448. 

Declared    impracticable   In   the    Montgomery    Avenue   case.     (54    Cal. 
579.) 

ACT  3255. 

Montgomery    Avenue,    ratifying    certain    orders    relative    to 
street  work  on.     [Stats.  1877-8,  p.  311.] 

Cal.    Rep.    Cit.     68,    430;     76,    311. 

Unconstitutional     (Fanning    v.    Schammel,    68    Cal.    428;      Kelly    v. 
tuning.    76    Cal.    309.) 

ACT  3256. 

Establishing      and      opening      Montgomery      street      south. 

[Stats.   1877-S,  p.   932.] 
ACT  3257. 

Montgomery    Avenue,    opening    and     establishing.       [Stats. 
1871-2,    p.    911.] 

Supplemented    1873-4,    522. 
Cal.   Rep.   Cit.     47.   357;     79,   392;    87.  47. 
Gen.  laws- 70 


Act  3258-3166  SAN     KKANCISCO.  VM 

ACT  3258. 

To  provide    a  public  morgue  in.     [Stats.  1885,  p.  25.] 

6   of  art.    IV,    and   subd.   9  of   chap.    2   of   art. 
I  of  »)  11  f   P  vn    Francisco. 

ACT  3259. 

Mutual    real  >mpany,    sales    and     conveyances    of. 

[Stats.   1875*8,  p.  525.] 

This  act  atithn-ized   the   surviving   trustees  to  make  sales  and   con- 

voyai. 

AJT  3260. 

North    Beach   and    Mission   Railroad  Company,  granting  cer- 
tain privileges  to.     [Stata,  ix7:M,  p.  851.] 

ACT  3261. 

North    I '.i  m-li    ami    Mission    Railroad    Company,   granting   cer- 
tain privileges  to.     [Stats.  1875-6,  p.  525.  ] 

ACT  3262. 

Additional  notaries  public.     [Stats.  1871-2,  p.  184.] 

.    sec.    791. 
Thi  to  reside  at  Tcrba  Buena. 

ACT  3263. 

Additional   notar     for.     [Stats.   1873-4,  p.  139.] 

.itlcal   Code,   sec.    791. 

ACT  3264. 

Providing    for    the    appointment    of    an    additional    notary 
public.     [Stats.   ^880,  p.   106.] 

Bupi  rs.  fled   by    P  i     m. 

This  ai  t   required  the  keeping  of  an  office  at  the  Presidio. 

ACT   3265. 

Authorizing     the     appointment    of    a    notary    public    in    the 
city  mill   county  "t   San    Pi  ie  and  transact 

notarial  duties  at    Sferba   Bui  na   Island,  or  Goat  island, 
in    the    bay    of   San    Francisco,    in    addition    to    the    num- 
ber   of    notaries    now    authorized    by    law    for    said    city 
and   county.      [Stats.    1903,   p.   26.] 
This   act  d    full   in    Political    Code,    Appendix,    p.    1109. 

ACT  3266. 

Supervisors,    ratifying     and     confirming     certain     ordinances 
and   resolutions  of.      [Stats.   1873-4,  p.  487.] 

This    act    ratified    certain    ordinance*    and    resolution*    relating     to 
si  r<  et  work. 


1107  SAN    FRANCISCO.  Acts  3267-327." 

ACT  3267. 

Supervisors,    ratifying    and    confirming    certain    ordinances 
of,  relating  to  street  work.     [Stats.  1873-4,  p.  588.] 
Cal.    Rep.    Cit.     53,    45. 

Unccnstitutional.  (Reis  v.  Graff,  51  Cal.  86;  Brady  v.  King.  53 
Cal.    44.) 

ACT  3268. 

Supervisors,  legalizing,  ratifying,  and  confirming  certain  or- 
ders  and   resolutions   of.         [Stats.    1873-4,   p.    589.] 

Cal.   Rep.    Cit.     51,    90. 

These  orders  and  resolutions  related  to  the  grading  of  Townsend 
Street. 

ACT  3269. 

Eatifying  order  of   supervisors  of.      [Stats.   1873-4,  p.   789.] 

This  ordinance  authoiized  the  conveyance  of  a  tract  of  land  to 
one  George  F.   Sharp  on  the  performance  of  certain  conditions. 

ACT  3270. 

Confirming   order    800,    quieting   title    to    lands    in.      [Stats. 
1867-8,  p.   379.] 
See,    also,    1867-8,    410. 
ACT  3271. 
Confirming  ordinance  840  of  supervisors  of.     [Stats.  1869-70, 

p.  213.] 
ACT  3272. 

To    confirm  order   number   883   of   the   board   of   supervisors 
of.      [Stats.   1869-70,  p.  83.] 

This  order  provided  for  an  exchange  of  deeds  between  the  city 
and  county  of  San  Francisco  and  Edward  Tompkins  to  certain  land  in 
what    is   known   as    Hamilton    Square. 

ACT  3273. 

Confirming  order  No.  1004  of  board  of  supervisors.     [Stats. 
1871-2,   p.   511.] 
This    was    an    ordinance    requiring    property-owners    to    fence    lots 
ind  to  prevent  drifting  sand. 

ACT   3274. 

Confirming  order   No.    1404   of   the  board  of  supervisors  of. 
[Stats.   1877-8,  p.  338.] 

Cal.    Rep.    Cit.     54.    574;     64,    509. 

A.CT   3275. 

Ratifying  resolution  11,900  of  supervisors  of.     [Stats.  1877- 
8,   p.   630.] 
This  resolution  vacated  certain  streets. 


'  cte  X.T6-32S4  PAN    FRANCISCO.  UOS 

\CT    3276. 

I'o   extern!    the  jurisdiction   of   the   park   commissioners  to   a 
certain   highway*     [stats.   1877-8,  p. 

Thl-  (heir  jurisdiction   over   Point    Lobos   Avenue. 

\CT  3277. 

Pharmacy,    regelating     practice    of,    in.     [Stats.    1871-2,   p. 
881.] 

Amended    1875*.   583;     18T7-8.   83S.     Repealed   1883.   M. 

ACT  3278. 

Practice  <>f  pharmacy  in.     [Stats.  1875-6,  p.  583.] 
Amending  is;:  R  ;.  ,'.  i   lso,  93. 

ACT   3279. 

Incr.  I    regulating    police    force    of.      [Stats.    1871-2. 

p.  518.] 

:  by  chaps.   1-7  of  art.   VIII   of  the  charter  of  San   Fran- 
f-lsco. 

ACT   3280. 

To  enalilr  tli>    supervisors  of  Ban  Praneiaeo  to  increase  th'? 
polio    Corn ,     [Stata.    L877-8,   p.  ^T'.K] 

by    1S89.    108.    and    the    charter    ot 
that    city  vi    Cal.    266;     Clark    v.    Police    Commie 

sloners.    121    Cal 
Cal.    Rep  ;     87,   543;     Itt,    :l       l.: 

ACT    3281. 

I'o  create  an  additional   police    judged  court.     [Stats,  1881, 

I'-  M.] 

Superseded   by   chap.   8  of  art.    IV  of  the  charter  of  San   Francisco 
ACT    3282. 

To  create  i   police  court.      [Stats.   1889,  p.  62.] 

.ed    by     the    charter    of     that    city, 
chap.   8.   art     V. 

Cal.    Rep.    Clt.     78.    18       M,    146;     ■,    117;     95.    150;     145.    147. 
Supplemental  act  cited.   146,  747. 

ACT    3283. 

Police    judge's    court,    authorizing    prosecuting    attorney    to 
appoint   <-li  rk.      [Stats.   1875-6,  p.  856.] 
Supersede. I   by   charter  of  San   Francisco,   chap.    8,   art.    V. 
ACT    3284. 

To  empower  consolidated  cities  and  counties  of  over  ion,. 
000   inhabitants   to   make   alterations   in   countv    pr 
[Stats.    1880,    ]<.    100.] 
Superseded    by    charter   of   San    Francisco. 


1109  SAN    FRANCISCO.  Acts  32S5-3292 

ACT    3285. 

Providing  for  improvement  of  public  parks.     [Stats.   1869- 
70,   p.   802.] 
Amended  1871-2,   706.     Superseded  by  charter  of  San  Francisco,   1899, 
354. 
Cal.    Rep.    Clt.    76,   159. 

This   act   created   the   office   of   park   commissioners. 

ACT  3286. 

Concerning  certain  public  reservations  for.     [Stats.   1873-4, 
p.    333.] 
This    act    made    certain    reservations    for    park    and    reservoir,  pur- 
poses. 

ACT   3287. 

To   establish   a   quarantine   for  the  bay   and   harbor  of  San 

Francisco,   and   sanitary   laws   £or   the    city   and   county 

of    San    Francisco.     [Approved     April    4,    1870.     Stats. 

1869-70,  p.  716.] 

Amended   1875-6,    305.     Superseded   by    the   charter. 
Cal.    Rep.    Cit.    79,    112. 

ACT    3288. 

Providing  for  repair  and  improvement  of  -roads  and  high- 
ways in.     {Stats.  1871-2,  p.  901.] 

Probably  repealed   by  1883,    5,   chap.   X,   sec.   2;     also  by   charter   of 
San   Francisco  of   1899. 

ACT   3289. 

Regulation    of    sailor    boarding-houses    and    shipping    offices. 
[Stats.    1869-70,    p.   241.] 
Superseded  by   sees.    2583   et   seq.    of  the   Political   Code.     These   sec- 
tions   were    in    turn    repealed.     (Amendments   1875-6,    52.) 

ACT  3290. 

To   provide   for  the   payment   of   certain   salaries  in,  out  of 
the  "Special  Fee  Fund."     [Stats.  1877-8,  p.  630.] 

Superseded  by  charter  of  that  city. 

This  act  provided  for  the  payment  of  the  salaries  of  certain  clerks 
appointed   by   the   supervisors  and   not  otherwise   provided  for   by   law. 

ACT   3291. 

Authorizing  the  conveyance  of  a  certain  lot  to  San  Fran- 
cisco Ladies'  Protection  and  Eelief  Society.  [Stats. 
1871-2,  p.  765.] 

ACT    3292. 

To    provide    for    the    San    Francisco    law    library.     [Stats. 
1869-70,    p.    235.] 


A<-ts  S31S-3M0  BAN    FRAN'ISCO.  1111 

ACT   3313. 

Conferring    further      powers    on    board    of     supervisors    of. 
[Sit  [>.   .-><30.] 

Cal.    Rep.    Clt.     W.    616. 

Lined    In    frrr.-    (.-an    Francisco   v.    Klornan.    98   Cal.    #14)   until 
■upomfLI    by    the    i  barter   of   that    city.    1899.    309.'  — Code    Commll 
era*    N 

Thl*  -  e«l  pertain  powers  as  to  streets. 

ACT     3314. 

Conferring    additional    powers    on    board    of    supervisors    f»n«i 
on   auditor   mid    treasurer.  37 1-1!,    p.    i 

scded   by   chard'  ti-368. 

ACT    3315. 

Supervisors,     conferring      additional     powers,      upon.      [Stats. 

1.   p.  31.] 
by  charter  of  San    Francisco.    1K» 

ACT  331G. 

Sup.  "r'ntf   additional    powers  on.      [Stats.    1875- 

6,  p.  :>....] 

Cal.   Rep.   I 

.  .K-.l    by    th.-   cbaj  .l«co. 

ACT   3317. 

Sup.  rvis.irs,    additional    powers    of      [Stats.     1877-8,    p.    231. J 
liter   "f    ^i»n    Frn- 
Tnl.  tra    Inr  of  and  work  on  street*. 

ACT  3318. 

ferrinS    further    powers    on    the    board    of    super 

•j.ni„  money    from 

<n      ,  '  purpose*,    for   furniture   and    re- 

ulliilngs.    and    for   advertising   purposes. 

ACT  3319. 

r.mfi  rrinc     further    powers    on    the    board   of    supervisors. 
*  8,   p.  B15.J 

Ro;  '«• 

LUthorUed    the   supervisors   to   cut.    nil.    and   grade   c  nam 

ACT  3320. 

To  confer  additional  i  'of  stfpervlsetB  In 

r.  lation  177-8,  p.   W9.J 

Bupataedod  b>    the  chart*!    of  tbat  city. 


1113  SAX    FRAXCISCO.  Acts  3321-^129 

ACT  3321. 

Supervisors,    auditor,    and    treasurer,    additional    powers    of. 
[Stats.   1873-4,  p.   711.] 
Supplemented    1875-6.    74. 
OU.    Rep.   Cit.     54,  74;     64.   502. 

This  act  authorized  the  making  of  certain  appropriations,  thp  ac- 
quiring of  certain  lands.  inclu-llng  lands  contiguous  to  Channel  Street 
and  Mission.  Creek,  and  the  vacation  and  sale  of  certain  parts  of  Chan- 
nel   Street    and    Mission    Creek. 

ACT   3322. 

Supervisors,  auditor,  and  treasurer,  powers  of.     [Stats.  1875- 
6,  p.  854.] 
Superseded   by   charter  of   San   Francisco. 
Cal.   Rep.    Cit.    62,   586;     62,   590;     62,   600;     62,   601. 

This  act   provided  for  the  expending  of  unexpended   balances. 

ACT    3323. 

Personal    property,    assessment,    and    collection   of   taxes   on. 
[Stats.  1873-4,  p.  477.] 

Repealed  1S95,  308.  Unconstitutional.  (People  v.  Pittsburg  R.  K. 
Co.,   67  Cal.   625.) 

Cal.    Rep.    Cit.     67,    625. 

ACT  3324. 

Tehama  Street,  to  provide  for  the  opening  and  extending  of. 

[Stats.   1877-8,   p.   802.] 
ACT  3325. 

Authorizing   final   judgments   quieting   titles   to   lands   in,   tj 
be   recorded.     [Stats.    1865-6,   p.    533.] 

ACT    3326. 

To   expedite   the  settlement  of  land   titles  in.     [Stats.   1869- 

70,  p.  353.] 
ACT    3327. 

Training   ship,    establishing   and   maintaining.      [Stats.    1873- 
4,  p.   394.] 
Repealed   1875-6,   54. 

ACT   3328. 

Training    ship    in,    establishing     and     maintaining.      [Stats. 
1875-6,  p.  54.] 
Amended   1877-8.    233. 

ACT   3329. 

Regulating   payment    of   money   out   of   treasury    of.      [Stats. 
1877-8,   p.    111.] 


AcU  3330-3338  ?\N    FBAJfCISGO.  1114 

"iriented   and   amended    1877-S,    3^3.     Superseded   by    the   charter 
of  Pnn    Franrlsco. 

Oil.    Rep     Clt.     62.    590:     62.    600;     KM,    317. 

This   act   was    what  was  known   as   the   one-twelfth   act. 
ACT   3330. 

Aut  th«  rapen  ■  -ia  Street.     [Stats. 

1877-8,   p.   .>'2X] 
ACT    3331. 

ring    the    grade    of    Vallejo    Street.     [Stats.    1877-3, 
p.   931.] 
Cal.    I  M,   16. 

ACT   3332. 

To    ratify    and    confirm    the    Van    Ness    ordinance.      [Stats. 

-.   p.  52.] 

M:     60,    272;     50.    375:     54. 

:     76.    20;     92.    416;     93.    .  I    S;     1118, 

389;     139.    648;     139.    649. 

ACT  3333. 

Van  iiiif,    to     provide    for    the     improvement    of. 

ACT   3334. 

ribing    thi  fronl    of.     [Stats.    1851,   p.   307.] 

ACT   3335. 

water-front  of.     [  stats.   1877-^,  p.   263.] 

li  '.     BT.     See 

:  «'l.   619;     also   the  case   of   People 
•  TS   v.    Pacific    Imp.    Co.,    130    Cal.    <•».!. 

29;     81.    $6;     130.    444. 

.^  li.    Ion   of  the  harbor  commissioners. 

ACT   3336. 

To    provide    for    the    sale    of    the    interest    of    the    state    in 
within     the     water-front    line.     [Stats.     1853, 
p.   219.] 

.    139. 
Cnl 

n    part.     (Ouy    v.     Hermaner,    6    Cal.    7S.) 

ACT   3337. 

To    |  tin   propertv   of   ttio   stn - 

fornia    within    tin      watt  r-front    line.     [Stats.    1858, 
P-   •- 
ACT  3338. 

To  provide  for  the  furl  -ion  of  the  water-front  line. 

it*.    1880,    p.    132.] 


1115  SAN    FRANCISCO.  Acts  3339-3345,  §  1 

ACT    3339. 

Water-front    of,    confirming    title    to    certain    property    on 
[Stats.   1877-8,   p.   417.] 
Cal.    Rep.    Cit.     81,   29. 

ACT  3340. 

Water  rates   in,   establishing.      [Stats.    1875-6,   p.   82.] 

Amended     1875-6.     760.     Repealed     by    constitution    of    1879.     (Spring 
Valley  W.  W.   v.    Bryant,   52  Cal.   132.) 
Cal.    Rep.    Cit.     52,    141;    53,    611. 

ACT   3341. 

Water-works    for,    to    provide    and    maintain.      [Stats.    1873- 
4,   p.    807.] 
Superseded  by  art.   XII,   charter  of  Sari  Francisco,   1899,   346. 
Cal.   Rep.    Cit.    53,    3S5;     54,   321. 

This   act   authorized    the    supervisors   to   obtain   a   water   supply. 

ACT    3342. 

Water-works   for,   to   provide   and   maintain.     [Stats.    1875-6, 
p.   501.] 
Unconstitutional.     (Spring    Valley    v.    Bryant,    52    Cal.    132;     53    Cal. 
611.)     Repealed    18S0,    1. 

ACT  3343. 

Water-front      of.     Compromise      of      litigation      concerning. 

[Stats.   1875-6,   p.   905.] 
ACT  3344. 

Authorizing    a    conveyance    to    William    Scholle,    of    certain 
water  lots  in  San  Francisco.     [Stats.  1881,  p.  3.] 

ACT  3345. 

An  act  to  regulate  the  sales  of  perishable  products  on  the 
wharves  and  other  state  property  in  the  city  and  county 
of  San  Francisco  by  prohibiting  such  sales  except  by 
or  in  behalf  of  those  holding  permits  from  the  board 
of  state  harbor  commissioners  and  making  such  unlaw- 
ful sales  a  misdemeanor,  and  prescribing  the  penalty 
therefor,  and  providing  the  conditions  upon  which  such 
permits  shall  be  issued. 

[Approved   March   2,   1903.      Stats.    1903,   p.   73.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section    1.     It   shall   be  unlawful   for   any  person   to   sell, 
upon    the    public    wharves    or   other    property    belonging    to 


.     FRANCISCO.  Ill* 

this  state,   in    tli-    <ity  and   county  of  San    Francisco,  and 
within   t1  barbae  eon- 

ay    fruit,  poultry,    eggs,     honey, 

game,  or  othei  mmonly   1  ad    hereinafter 

ble   products,    onless   such    person   or 
u    firm    or  corporation,  which  he  may  duty  repre- 

di  Boritx  d    author- 

■  |  id<  .     Any   via  I    -hall 

b(    ■  •    by  a  fin'    of  not  lew 

than  twenty-five  dollart  than  fiw  hundred  dollars. 

persons,   firms 

or     •  ■    -  >t     hol.lii  •      hereinafter 

Beribed,  and  i       by   carrier  apon  any  wharf  on    (Be 

1    from   said   wharf 
within      '  after     th>  ir     arrival,     and     thr 

-     mUSl    l'W    nnd    M 

in  addition  to  the  regular  state 
tolls,  such   additional   wharl  hut 

not     '  •  the    regular    tolls,    for    each 

-action  thereof  which  such  perishabl* 

products    shall    r«?n  tin    upon    the    wharf. 

■  ■■  rson,    firm    or 

nets    to    be    .1  r    upon    any    wharf    on    the 

harbor 

Buch    applicant,    a 

products   when   derrr- 

on  the  whan  r,  daring  the  time  such 

rmitted   to   remain    there,   under  the   gen- 

ribrd     by     the     commission;     provided. 

nev.  iintil    the 

n   which   shall    - 

expecting  to   receive   consignments 

products   to  r       by    Barrier   on    the 

wli-  ■                 her  property  of  tl  be  of  California  in  the 

city  and                       -  desiring  to  di- 

befon     removal,    hereby    make   application    fur 

a   |                   t><    valid  tb<    date  of   i 

11   perishable   pio<  rl  urves  or   other  state 

,  rty.      In    COn8id<  r  I     SOCh    permit, 

1      oi    W  taithfull.  ■         all    the    regulations 

which  are  or  may  b< 

harl  to    such    sales,   and    in    par- 


1117  SAN    FRANCISCO.  Act  S345,  §§  1-3 

ticular  I  (or  we)  agree  that  I  (or  we)  will  not,  during  the 
life  of  snch  permit,  be  a  party  to  any  conspiracy,  agreement 
or  understanding  whereby  I  (or  we)  shall  refuse  to  sell 
[to]  any  solvent  purchaser  or  buy  from  any  person  what- 
ever, and  I  (or  we)  agree  that  I  (or  we)  will  sell,  impar- 
tially, and  at  the  same  prices,  to  all  who  desire  to  purchase 
for  cash,  without  regard  to  their  business  or  intended  dis- 
position of  the  products,  and  will  exercise  no  discrimination 
whatever  between  buyers  or  sellers,  by  reason  of  their  oc- 
cupation, affiliations  or  nonaffiliations.  I  (or  we)  also  agree 
that  in  case  of  violation  of  this  agreement,  the  board  of 
state  harbor  commissioners  may  revoke  the  permit  hereby 
applied  for,  whereupon  I  (or  we)  agree  to  surrender  the 
same,  and  I  (or  we)  agree  that  the  board  of  state  harbor 
commissioners  shall  be  the  sole  judges  of  the  fact  of 
such  violation,  I  (or  we)  having  had  a  hearing  in  the  mat- 
ter.   . 

Date,   . 

Sec.  4.  The  permit  herein  provided  for  shall  be  in  such 
form  as  the  board  of  state  harbor  commissioners  may  de- 
termine and  shall  be  valid  for  one  year  from  date  of  issue 
and    no    longer. 

Sec.  5.  In  case  of  violation  of  his  agreement  by  the 
holder  of  any  permit  the  board  of  state  harbor  commis- 
sioners upon  a  hearing  after  giving  due  notice  to  all  parties 
concerned,  and  finding  the  fact  of  such  violation  shall  re- 
voke and  cancel  the  permit,  and  shall  not  issue  a  new  per- 
mit to  the  offending  party,  except  upon  a  new  execution  of 
the  agreement  hereinbefore  set  forth  and  the  payment  of 
a  fee  of  fifty  dollars,  and  the  right  to  receive  a  new  per- 
mit shall  rest  in  the  discretion  of  said  board  of  state  harbor 
commissioners. 

Sec.  6.  The  board  of  state  harbor  commissioners  and  all 
its  officials  and  employees  are  charged  with  the  enforce- 
ment of  this  act,  and  shall  eject  from  the  wharves  or  other 
state  property  all  persons  found  attempting  to  make  sales 
in  violation  of  this  act.  And  the  board  of  state  harbor  com- 
missioners through  such  officials  as  it  may  from  time  to  time 
designate,  shall  prosecute  all  violations  of  this  act  in  the 
proper   court. 

Sec.  7.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  8.     This   act  shall  take   effect   immediately. 


Acts  3346.  3349,  §  5  1.  2  SANITARY    DISTniCT6.  11 1* 

ACT  3346. 

An  act  to  regulate  fees  in   the  city  and  county  of  San   Fran- 
[Approved    February  9,   1S66.     Stats.   1865-6,  p. 
66.] 
Repealed    1905.    387. 


TITLE  415. 

MTAHY   DIBTBI0T8. 

ACT   3349. 

"An  net  to  proyide  for  the  formation,  government,  opera- 
tion, and  dissolution  of  sanitary  districts  In  any  part 
of  •  foi  tli"  construction  of  and  other 

sanitary    pur:  acquisition    of   property   the] 

thi   o.-il!;'  tions  in  luefa  tiist ricts; 

■  t,  levy,  f)]l<  ction,  custody,  and  disburse- 
ment nf  and  disposal  of  the 
bonds  thereof,  and  t!>.  nf  their  validity, 
and    making    provision    for   1 1 » *  -    payment    of   rath    bonds, 

and  thi  if  their  pr< Is."     [Approv* 

31.  ts.   1891,   P.  223.] 

Am<  •  tun    thta    amen.lmrrit     laelarsjd    DUBOOD- 

■tttotlonsj    (In    ro    Wi-rn.  r.     129    Cal.    667);    also    kp  1903. 

Thr  ■'.*»   set   as   having;   been 
appr.                              As   thi*    to   thi  on    the   subject.    It    was   evi- 
dently the  Intention  of  :h--  l«gUIat  l  this  act 
Cal.    Rep.    Clt.     99.    55«;     ?.<  600. 

>n    1.     Wheni  r-ins    in    any   county 

state   shall   desin    the    formation   of   a  .    dis- 

trict   within    the   county,   th<  hoard   of 

sup' ■  •'    such    county    a   |  in    writing 

by    them,    stnting    the    name    of    thi  .    and 

'    Qg    forth  j    that    an 

election  be  held  as  provided  by  this  r  the  pe- 

tioners  must  be  a  resident  and  freeholder  within  the  pro- 
:   district. 

When    such    petitioi  i 1     pro- 

•  ithin    thirty 
thereafter,  0Td<  r  thai  provided   by 

this  act.     The  orci.  r  must  fix  the  day  of  Mich  election,  which 
must    be    Within   sixty   clays   from   tin  ird<  r.   and 

must  show  tli  '    the  pro]  trict,  and   must 

state   that   at  such   election    |  -   proviil.il 

by   this  act,   \  r,   and   five   members  of 


1119  SANITARY    DISTRICTS.  Act  3349,  J  §  3-5 

the  sanitary  board,  will  be  voted  for.  This  order  shall  be 
entered  in  the  minutes  of  the  board,  and  shall  be  conclu- 
sive evidence  of  the  due  presentation  of  a  proper  petition, 
and  of  the  fact  that  each  of  the  petitioners  was,  at  the  time 
of  the  signature  and  presentation  of  such  petition,  a  resi- 
dent and  freeholder  within  the  limits  of  the  proposed  dis- 
trict. 

Sec.  3.  A  copy  of  such  order  shall  be  posted  for  four  suc- 
cessive weeks  prior  to  the  election,  in  three  public  places 
within  the  proposed  district,  and  shall  be  published  for  four 
successive  weeks  prior  to  the  election  in  some  newspaper 
published  in  the  proposed  district,  if  there  be  one,  and  if 
not,  in  some  newspaper  published  in  the  county.  It  shall 
be  sufficient  if  the  order  be  published  once  a  week. 

Sec.  4.  The  board  of  supervisors,  at  any  time  prior 
to  the  election,  shall  select  one  polling  place  within  the 
proposed  district,  and  make  all  suitable  arrangements  for 
the  holding  of  such  election.  The  tieket  shall  contain  the 
words,  "For  a  sanitary  district,"  or  "Against  a  sanitary 
district,"  as  the  ease  may  be,  and  the  name  of  a  person 
for  sanitary  assessor,  and  the  names  of  five  persons  for 
members  of  the  sanitary  board.  Such  election  shall  be 
conducted  in  accordance  with  the  general  election  laws  of 
the  state,  so  far  as  the  same  shall  be  applicable,  except 
as  herein  otherwise  provided.  Every  qualified  elector, 
resident  within  the  proposed  district  for  the  period  requi- 
site to  enable  him  to  vote  at  a  general  election,  shall  be 
entitled  to  vote  at  the  election  above  provided  for.  If 
a  majority  of  the  votes  cast  at  such  election  shall  be  in 
favor  of  a  sanitary  district,  the  board  of  supervisors  shall 
make  and  cause  to  be  entered  in  the  minutes  an  order 
that  a  sanitary  district  of  the  name  and  with  the  bound- 
aries stated  in  the  petition  (setting  forth  such  boundaries) 
has  been  duly  established,  and  said  order  shall  be  con- 
clusive evidence  of  the  fact  and  regularity  of  all  prior 
proceedings  of  every  kind  and  nature  provided  for  by  this 
act  or  b}r  law,  and  of  the  existence  and  validity  of  the  dis- 
trict. If  a  majority  of  the  votes  cast  shall  be  against  a 
sanitary  district,  the  board  shall,  by  order,  so  declare; 
no  other  proceedings  shall  be  taken  in  relation  thereto 
until  the  expiration  of  one  year  from  the  presentation  of 
the  petition. 

Sec.  5.  Every  sanitary  district  formed  under  the  pro- 
visions   of    this    act    shall    have    power    to    have    and   use    a 


Act  3M1,  §  5 


BJCTS. 


common    s<  si,    aHorabh     at    tli-     pleasure     of    tlic    sanitary 

construct   and 
maintain,  and  ■-  and  drains  as  in  the 

judgm<  i  ■  tary    l-'>:ir.]     shall     In  or 

ad   for  this  purpoa  lire  by   purchase,  gift, 

devi  or   otherwise,   such    p  al 

ami  of   way,   oith-  r   within   or 

without  the  '  trict,  as  in  the  judgment  <>f  th<? 

rd    shall    I  -  iry    nr   proper,   and    ta    pay 

for  and   ttoM  ■    any  and   all 

(      any      kin.l 
which,    in    the    jud  itary    board,    shall    be 

w  •  n 
of    tin     district,    and    to    direct   I  '1    lawful 

claims   ami     '  tads    u   hi  n- 

inafter  provided,   and  and   collect   taxi 

of   the   same,    anil    the 
maintaining  any   sewer    or 
i 

lawful    fl  ;nst    saiil    district, 

and    the    running  of   thr   district)    to   employ   all 

and  pay  tin 

r    r.iail    of    the 
■  r  this  pur  post    i  nt<  ri|  ad  make 

all    ■ 

•  ■  •  '     01    r  tad    -hall 

be  u  town,  •  t  of  tin    law 

Jul  b<    obtained;    to    make 

roper  n  gulationa    foi   tb«s 
removal  i  and 

Btrei  "f    guarding 

s   and    infectious 
and   for  the   isolation   of   pi  affected   with 

such  disi  ■    of  tin    other  Inhabi- 

tants of   the   ■  n  r i .  1   all   other  sanitary    | 

lations  not  in  rith  the  constitution  an. I  lav 

^tat.  ry  and  pro 

lations  rderh     and    disrepotabli 

of    in  fam<    within    tin'   district,   and    to 

qualiflcal  authorised    t.>    sell 

liqinT--    at    r<  tail,    and    from    ami    aftir    the    passage    of    this 

■  .   or  b<  11   1  i *|i i . •  r->   at   retail, 

sha! 

.an    be     approved   by   the  sanitary    b 
of   tin-    district;    to   in  .    penalties,   ami    forfeit 

tor  any  and  all   violations  of  its  regulations  <>r  ord 
to   fix   thn   penalty    thereof   by   fln«   or   imiirisonnnint,  or  both; 


mi  SANITARY    DISTRICTS.  Act  3349,  §§  fi  8 

but  no  such  fiue  shall  exceed  the  sum  of  one  hundred  dol- 
lars, and  no  such  imprisonment  shall  exceed  one  month; 
to  call,  hold,  and  conduct  all  elections  necessary  or  proper 
after  the  formation  of  the  district;  to  prescribe,  by  order, 
the  time,  mode,  and  manner  of  assessing,  levying,  and  col 
leeting  taxes  for  sanitary  purposes,  except  as  otherwise 
provided  herein;  to  compel  all  residents  and  property 
owners  within  the  district  to  connect  their  houses  and 
habitations  with  the  street  sewers  and  drains;  and  gen- 
erally to  do  and  perform  any  and  all  acts  necessary  or 
proper  to  the  complete  exercise  and  effect  of  any  of  its 
powers,  or  the  purpose  for  which  it  was  formed.  [Amend- 
ment approved  March  26,  1895.  Stats.  1895,  p.  85.  In 
effect  immediately.] 

See   note   at  beginning   of  act. 

Sec.  6.  The  officers  of  the  district  shall  be  a  sanitary 
assessor  and  five  members  of  the  sanitary  board. 

Sec.  7.  There  shall  be  an  election  for  sanitary  assessor 
on  every  even-numbered  year  in  which  members  of  the 
sanitary  board  are  elected,  and  at  the  same  time,  place, 
and  manner;  and  the  person  then  elected  shall  hold 
office  for  two  years  next  thereafter,  and  until  the  election 
and  qualification  of  his  successor.  The  person  elected  as- 
sessor at  the  election  at  which  the  district  was  formed 
shall  hold  office  until  the  election  and  qualification  of  his 
successor;  provided,  that  if  at  any  time  a  vacancy  occur 
in  the  office  of  assessor,  the  sanitary  board  shall  appoint 
a  suitable  person  to  fill  such  vacancy  until  the  next  elec- 
tion at  which  an  assessor  may  be  elected  under  the  pro- 
visions of  this  act. 

Sec.  8.  It  shall  be  the  duty  of  the  sanitary  assessor 
to  make  out,  before  the  first  Monday  in  July  of  each  year, 
a  list  of  all  the  tangible  real  and  personal  property  within 
the  district.  Such  list  shall  contain  a  brief  and  general 
description  of  the  property,  an  assessment  of  the  value 
thereof,  the  name  or  names  of  the  owner  or  owners,  and 
such  other  matters  as  may  be  ordered  by  the  sanitary 
board  and  such  matters  as  shall  be  necessary  to  make  such 
list  conform  to  the  provisions  of  the  general  laws  of  the 
state  of  California.  The  land  shall  be  assess,  d  separately 
from  the  improvements  thereon.  No  mistake  in  the  name 
of  the  owner  of  any  of  the  real  or  personal  property  as- 
sessed, or  any  informality  in  the  description,  or  in  other 
parts  of  the  assessment,  shall  invalidate  the  same.  The 
sanitary  assessor  shall  verify  said  list  by  his  oath,  before 
Gen.  Laws— 71 


Act  3349.  §  §  8.  10  SANITARY    DISTRICTS.  tUJ 

some  officer  authorized   to   administer,  oaths,  and   shall    !• 

posit    the   same   with   the  sanitary  board   on   the   fir-t    Monday 

of  July  of  each  year,  ot  as  soon  thereafter  as  is  practicable. 
Be  shall  have  power  to  administer  all  oaths  and  affirma- 
tion^ r  v    or    proper    in    the    perl  of    his    duty 

as   assessor,   and   shall    receive   such    compensation    as   shall 

be    fixe  d     l>y     the    order    ot'    tin-    hoard.      11. •    shall      also     |«c  i 
form   such    farther   duties   and    do   such   further   acts   as   may 
be   ordered  or   require  <1    by   the  sanitary    hoard. 

Sec.  9.    Th>  r>    shall   1"    an   election   for  two   memtx 
the  sanitary  board  in  every  even-numbered  year,  beginning 
with   the  seeond   even-numbered  year  after  the  election   at 
which    the    d3  -    organized,    and    the    two    meml 

then    to    he    elected    shall    hold    office    until    the    (hction    and 

qualification  of  their  successors  in  the  n<  numbered 

r;     and     there     shall      he     an    election      tor    three     niemlc  i  - 
of      the      sanitary      board     in    every    odd-nuinhen  d    year.     I" 

ginning     with     tin-    second    odd  numbered    year,    alter     the 

ion    at    which    the   district    w.is    ..  and    the    thre. 

members  then  to  be  elected  shall  hold  office  until  the  elec 

tion    and    qualiflcation    of    their  *    in    the    next    odd 

numbered  year.  The  five  members  eleeted  at  the  election 
at  which  the  district  was  organised  shall,  at  their  firs' 
meeting,  on    thereafter   as   may   he   practicable,   so 

classify    tlo  i'  .     lot.    thai    two    "1"    them    shall    go 

of  office  in  the  second  even-numbered  tion 

at    which    the    district    was   organized,    and    upon    the   election 

and   qualiflcation  of  their   -  provided    by   this 

act.   and    three   of   them    in  nd    odd-numbered    ; 

after  tie    election  at  which  the  district  was  organised,  and 

upon    the    (lection    and    qualiflcation    of    their    BU ssors,    .k 

provide  <1   by    this   act.     All   elections    foi  •    the 

formation  <>f  the  district  shall  b  arst  Mod, lay  after 

the  tirst  Tuesday  in  tin  month  of  Marcii.  Tie  members  of 
the  sanitary  hoard  shall  receive  no  compensation  w'nat- 
ever,  either  for  general  01   special  s<  i 

S.  e.     10.      The     sanitary    hoard     shall     ho     the     governing 
power    of    the     district,    and    -hall     6X<  r.-ise     all      th( 

then  of.    exeept    the    making   of   an  •    li«t    in    the 

first     instance,    as    herein     provided.  At     ils 

,,     afl     BOOH     thereafter    as     may    be  prae' 

,me-     of     its     m.  ml. i  is  as     pr<  -hi.  nt,     and      an 
r    of    its      memh.  r-  nd      all      contl 

deeds,    warrants,    r  eel    documentfl    ot    e\  .  ry 

Kind    shall    be    signed    in     the    nam.-  of    the    distrh-t     h 

ident,    and    shall    be     countersigned    by    its    seen 


1123  SANITARY    DIS1K1CTS.  Act  3349,  §  M 

The  board  shall  hold  such  meetings,  either  in  the  day  or 
in  the  evening,  as  may  be  convenient.  In  case  of  the  ab- 
sence or  inability  to  act  of  the  president  or  secretary,  the 
board  shall,  by  order  entered  upon  the  minutes,  choose 
a  president  pro  tern.,  or  secretary  pro  tem.,  or  both,  as 
the  case  may  be. 

Sec.  11.  On  the  first  Monday  of  July  each  year,  at  the 
hour  of  7:30  P.  M.,  the  sanitary  board  shall  meet  at  its 
usual  place  of  meeting  within  said  district,  and  proceed  to 
organize  itself  into  a  board  of  equalization,  and  if  the 
sanitary  assessor  has  returned  the  assessment  list  for  said 
year  said  board  shall  proceed  to  equalize  the  property  so 
assessed  and  returned  by  said  sanitary  assessor.  If  said 
assessment  list  has  not  been  returned  by  said  sanitary  as- 
sessor said  board  must  adjourn  from  day  to  day  until  said 
assessment  list  has  been  returned,  and  for  the  purpose  of 
adjournment  one  or  more  of  the  members  of  said  board  pres- 
ent may  make  said  adjournment  and  announce  the  same. 
Upon  the  assessment  list  having  been  returned  by  the  as- 
sessor, said  board  of  equalization  shall  proceed  to  equalizc- 
the  property  listed  on  said  assessment  list,  and  said  boanl 
shall  continue  in  session  as  a  board  of  equalization  until  the 
property  upon  the  entire  list  returned  by  the  assesser  shall 
have  been  examined,  rectified  and  equalized,  with  such  rea- 
sonable intermissions  during  the  day  and  from  day  to  day 
as  may  be  expedient.  The  board  shall  have  power  to  hear 
complaints  as  to  the  proceedings  of  the  assessor,  and  to  ad- 
judicate and  determine  the  controversy  thereon,  and  may  of 
its  own  motion  raise  an  assessment,  after  such  reasonable 
notice  to  the  party  whose  assessment  is  to  be  raised,  as  may 
be  ordered  by  the  board.  After  the  examination  and  rectifi- 
cation of  the  assessor's  list  shall  have  been  completed,  the 
board  shall,  by  resolution,  fix  the  rate  of  taxation  for  sani- 
tary purposes,  designating  the  number  of  cents  on  each  one 
hundred  dollars  to  be  levied  for  each  fund,  and  shall  desig- 
nate the  fund  into  which  the  same  shall  be  paid;  but  no 
more  than  fifteen  cents  on  each  one  hundred  dollars  shall  be 
levied  for  all  the  sanitary  purposes  of  any  one  year,  besides 
what  shall  be  required  for  the  payment  of  the  principal  and 
interest  of  such  year  upon  outstanding  bonds.  After  the 
entry  in  the  minutes  of  the  resolution  fixing  the  rate  of 
taxation,  the  sanitary  board  shall  cause  the  assessor  to  com- 
pute the  amount  of  the  tax  upon  each  piece  of  real  and  per- 
sonal property,  and  enter  the  same  upon  the  assessment  list 
in  a  suitable  place.  The  list,  when  so  completed,  shall  be 
verified  by  the  assessor  and  signed  by  the  president  and  sec- 
retary; and  the  amount  of  the  tax  shall  thereupon  become  a 


.\ct  3349,  J§  12.  13  SANITAKY    DISTRICTS. 

lien   upon    the   property   upon    which    it    is  :i n.1    shall 

have    tho   offeot   of   a   judgment    against    th<     person    of   the 
ownor  thoreof,  and  nvcrv  sm-h   lion  thai]  have  the   force   and 
effect  of  an  execution  duly  levied  against  all  the  property  of 
thf  delinquent;  and  the  judgment  shall  not  b<    deemed 
isfied   ot   tho   lion   extinguished   until  paid   or 

the  property  sold  to  satisfy  the  same,  and  no  statute  of 
limitations   shall   apply;   but   no   more  thai  thoa 

sand  dollars  of  bonds  Bhall  be  voted  for  or  issued  at  any 
one  time,  nor  shall  the  bonded  indi  btednesa  ot  the  district 
ever  the  sum  of  s>  \  thousand  doUan  at  any 

id,  whet  hi  r  it    be   made  up  of  one.   issue  of  be 
or  of  BeveraJ  issues;     (A.ra'<L   1905,  p,  84-.) 

Srr.    12.      As  soon  Mo  aft.r  -   have  boon 

I   on   tho  assessment   list,  verified   by 
the  '    liv    the    president    and   soorotnrv   of 

board,    tl  shall    transmit,   or   eaUSi     thi 

to    transmit,    a  d«     to    the    tax    CO] 

lectot  of  th     connty,  irho  shall  ooiioot  tl  shown  by 

said   list   to  be  due,  in   tho  same  manner  as  hi 
county  taxes,  and  all  the  pi  -  "t"  tho  state 

linquent  taxes,  and  tho 
enforcement    of   tho   payment   thi  far   as   applicable, 

shall  apply  to  1  for  sai  ttary  purpo - 

anil  nd   thi'  a  his  official  bond. 

shrill  in  r  the  due   perform!  I    the  duties 

imposed    on    him   by    *i  led,    that    the   sanitary 

board   may,  i i  i etion,  din 

the   county   to   commence   and   prosecute  suits   for  tho   ooi 

hit  i  my   portion.  Of  tho  delinquent   ta 

and  it  shall  be  the  duty  of  tho  district  attorney  to  carry 
out  sui'h   din  rd,  and   be,  and  the 

ipon   his  official  bond,  shall  be  responsible  for 
due    performance   of    the    duty    imposed    upon    him    by    this 
and   provided   further,  that   I  try   board   may.  at 

any  time,  by  order  entered  in  its  minutes,  provide  a  System 
the  collection  of  delinquent  taxes,  or  make  any  change 
in  thi  flection,   which   as   to   such    t 

shall   havi    thi  law.      Ml   o    ney  collected   for  san- 

itary purposes  by  the  district  attorney  under  this  act  shall 
i„   at  once  paid  to  the  county  tr<  isurer. 

Bee.   ltt    The   tax  collector  Bhall   pay  over  to  tho  county 
treasurer    all    moneys    collected    by    him    for    sanitary    pat- 
fast   as  the  same  shall  be  collected,  and  tin 
rarer   shall    keep    the    same    in    the    county    treasury,   as 

follows:    In    a    fund    called    the    bond    fund    of    sanitary    dis- 


1125  SANITARY    DISTRICTS.  Act  3349,  §§  14,  15 

trict  (naming  it)  he  shall  place  and  keep  the  moneys  levied 
by  the  sanitary  board  for  such  fund;  and  no  part  of  the 
money  in  this  fund  shall  be  transferred  to  any  other  fund, 
or  be  used  for  any  other  purpose  than  the  payment  of  the 
principal  and  interest  of  the  bonds  of  the  sanitary  district, 
£  long  as  any  such  bonds  shall  be  unpaid;  in  a  fund 
called  the  running  expense  of  sanitary  district  (naming 
it)  he  shall  place  and  keep  the  moneys  levied  by  the 
sanitary  board  for  such  fund.  The  whole  or  any  part  of 
the  money  in  the  running  expense  fund  may  be  transferrer! 
to  the  bond  fund,  or  to  the  other  fund  hereinafter  provided 
for,  upon  the  order  of  the  sanitary  board,  and  it  shall  be 
the  duty  of  the  treasurer  to  comply  v>-ith  such  order.  The 
treasurer  shall  pay  out  moneys  from  either  of  said  funds, 
or  from  the  fund  hereinafter  mentioned,  only  upon  the 
written  order  of  the  sanitary  board,  signed  by  the  presi- 
dent and  conntt rsigned  by  the  secretary,  which  order  shall 
specify  the  name  of  the  person  to  whom  the  money  is  to 
be  paid  and  the  fund  from  which  it  is  to  be  paid,  and  shall 
state  generally  the  purpose  for  which  the  payment  is  made, 
and  such  order  shall  be  entered  in  the  minutes  of  the  sani- 
tary board.  The  treasurer  shall  keep  the  order  as  his 
voucher,  and  shall  keep  a  specific  account  of  his  receipts 
and  disbursements  of  money  for  sanitary  purposes.  The 
treasurer  and  sureties  upon  his  official  bond  shall  be  liable 
for  the  due  performance  of  the  duties  imposed  upon  him 
by  this  act.  The  treasurer  shall  keep  the  money  arising 
from   the   sale  of  bonds  in   the  fund   hereinafter  mentioned. 

Sec.  14.  At  any  time  after  the  district  is  organized,  the 
sanitary  board  may,  by  order  entered  in  the  minutes,  call 
an  election  for  the  purpose  of  determining  whether  bonds 
shall  be  issued  for  the  construction  of  sewers.  Such  order 
shall  fix  the  day  of  the  election  and  shall  specify  the  amount 
of  money  to  be  raised,  and  shall  state  in  general  terms  the 
purpose  for  which  it  is  to  be  raised.  A  copy  of  such  order 
shall  be  posted  for  four  successive  weeks  prior  to  the  elec- 
tion in  at  least  three  public  places  within  the  district,  and 
shall  be  published  for  four  successive  weeks  prior  to  the 
election  in  some  newspaper  published  within  the  district, 
if  there  be  one,  and  if  not,  in  some  newspaper  published  in 
the  county.  It  shall  be  sufficient  if  the  order  be  published 
once  a  week. 

Sec.  15.  At  any  time  prior  to  the  day  fixed  for  the 
election,  the  board  shall  select  one,  and  may  select  two, 
polling-places  within  the  district,  appoint  officers  of  elec- 
tion,   and    make    all   necessary   and   proper   arrangements   for 


A.  t  8MB,   §  16  SANITARY    DISTRICTS.  1116 

holding   the   election.     The   tickets   shall   contain    the   words 
r    the    issuance    of    bonds    as    proposed    by    the    sanitary 
board,"  or  tl  he  issuance  of  bonds  as  proposed   by 

tho    sanitary    board."     The    election    shall    be    conducted    in 
' t h    the   general   election   laws  of  the   state,   so 
far  as  tl  ppHcable,  except  as  herein  other- 

wise   provided.      K\>:-y   qualified   elector   resident   within    the 
district   for   Mi*'    length   of   time   necessary   to   enable   him   to 
■i   general  election   s h .- 1 1 1  be   entitled   to  vote  at  the 
election    above    provided    for.     After    the    votes   shall    have 
d    announced,    the    ballots    shall    be    sealed    up    and    de- 
red   to   tin    secretary  or  president  of  the  sanitary  board, 
which  shall,  as  soon   as  practicable,  proceed  to  canvass  the 
same,    and    shall    enter    the    result    upon    its    minutes.     Such 
entry  shall  be  conclusive  evidence  of  the  fact  and  regularity 
of  nil   prior  proceedings  of  every  kind  and  nature  provided 
by  this  acl   <>r  by  law,  and  of  the  facts  stated  in  such  entry. 
It',    .-it    such    election,    two    thirds    of    the    votes    cast    be    in 
favor   of    the    issuance    of   bonds,   as    proposed   by   the   san- 
itary    board,     the    said     hoard    shall     thenceforth    have    full 
power   and    authority    to    issue   and   dispose   of  bonds   as   pro- 
1    in    the    order    calling    the    election,      [Amendment    ap- 
proved  March   9,    L893,     Stats.   1893,  p.  88.     In  effect  imme- 
diately.] 

1<*>.  All  bonds  issued  under  the  provisions  of  this 
act  shall  he  of  such  denomination  as  the  sanitary  board 
may  determine,  except  that  no  bonds  shall  be  of  a  less 
imination  than  otic  hundred  dollars,  nor  of  a  greater 
denomination  than  one  thousand  dollars.  Said  bonds  shall 
be   payable  In  gold   coin  of  the  Uni'  -  at  the  office 

of  the  county  treasurer  of  the  county  wherein  said  district 
is  situated,  and  shall  bear  interest  at  a  rate  not  exceeding 
five  (5)  per  eentim  per  annum,  which  interest  shall  be 
payable  semi-annually  in  like  gold  coin.  Not  less  than  one- 
twentieth  part  of  the  total  issue  of  bonds  shall  be  payable 
i  ach  year,  on  a  day  to  be  specified  by  the  sanitary  board, 
but  no  bonds  shall  be  payable  in  installments,  but  each 
bond  issui  d  Ion  under  shall  be  payable  in  full  on  the  date 
cified  therein  by  said  board.  Each  bond  shall  be  signed 
by  the  president  and  countersigned  by  the  secretary  of  the 
sanitary  board,  and  said  bonds  shall  be  numbered  consecu- 
tively, b  with  number  one  (1),  and  shall  have 
coupons  attached  referring  to  the  number  of  the  bond  to 
which  they  art  Attached,  which  coupons  shall  be  signed 
by  the  presideni  and  countersigned  by  the  secretary  of 
said  board.     Tin    bonds  must  be  disposed  of  by  the  sanitary 


112T  SANITARY     DISTRICTS.  Act  3349,   §  1G 

board  in  such,  manner  and  in  such  quantities  as  may  be 
determined  by  said  board  in  its  discretion,  but  no  bond 
must  be  disposed  of  for  less  than  its  face  value.  The  pro- 
ceeds of  such  sale  shall  be  deposited  with  the  county 
treasurer  and  shall  be  by  him  placed  in  the  fund  to  be 
called  the  sewer  construction  fund  of  sanitary  dis- 
trict (naming  it) ;  the  money  in  such  fund  shall  be  used  for 
the  purpose  indicated  in  the  order  calling  the  election 
upon  the  question  of  the  issuance  of  the  bonds,  and  for 
no  other  purpose;  provided,  that  if  after  such  purposes 
are  entirely  fulfilled  any  balance  remain  in  such  fund, 
such  balance  may,  upon  the  order  of  the  sanitary  board, 
be  transferred  to  either  of  the  other  funds  provided  by 
this  act.  If  the  result  of  the  election  be  against  the 
issuance  of  bonds  no  other  election  upon  the  question  shall 
be  called  or  held  for  a  period  of  one  year.  Whenever 
the  entire  amount  of  bonds  issued  by  any  one  district 
under  the  provisions  of  the  act  of  which  this  is  amenda- 
tory shall  be  presented  by  the  holder  or  holders  thereof 
to  the  sanitary  board  of  the  sanitary  district  issuing  the 
same,  there  shall  be  exchanged  therefor  and  issued  in 
lieu  thereof  to  such  holder  or  holders,  by  the  sanitary  board, 
bonds  issued  in  accordance  herewith  for  the  various  install- 
ments payable  on  the  so  surrendered  bonds  and  said  new 
bonds  so  issued  in  exchange  for  said  old  surrendered  bonds 
shall  be  payable  at  the  same  times  and  places  as  the  in- 
stallments due  under  the  old  bonds;  it  being  the  intention 
hereof  to  permit  the  surrender  of  sanitary  district  bonds 
heretofore  issued  payable  in  installments  by  the  holders 
thereof,  and  the  exchange  therefor  of  a  like  amount  of 
bonds  of  such  sanitary  district  having  a  denomination  equal 
to  the  installments  payable  under  one  or  more  of  the 
bonds  heretofore  issued  by  any  one  sanitary  district;  said 
new  bonds  to  be  payable  at  the  same  time  as  said  install- 
ments and  in  equal  amounts;  the  amount  of  said  new  bonds 
to  be  payable  in  any  one  year  to  equal  the  amount  of  the 
installments  on  said  old  bonds  payable  in  such  year.  All 
expenses  of  the  exchange  shall  be  borne  by  the  holder  of 
the  bonds  presented  for  exchange,  and  interest  on  the  new 
bonds  shall  be  paid  at  the  same  time  and  rate  as  on  the 
old  bonds.  Upon  such  exchange  being  effected  the  old  bonds 
shall  be  canceled  by  punching  holes  in  the  signatures  there- 
to attached,  and  shall  be  retained  by  the  treasurer  of  said 
county  as  evidence   of  such   cancellation.     [Amendment   ap- 


Act  3349,   §  J  17.  18  WITJHfT    DISTRICTS.  113S 

proved  March  23,  1901.  Stats.  1901,  p.  633.  In  effect  im- 
mediately.] 

17.  Tt  is  hereby  made  the  fluty  of  tho  sanitary 
hoard  to  levy,  each  y<  ar,  tijiori  the  property  within  tin1  dis- 
trict, a  sufficient  tax  to  pay  off  tho  Lnl  ruing  upon 
sniil  bonds  for  the  respective  y<  ar.  as  il  falls  due,  and  also 
one-twentieth  of  the  principal  of  said  bonds,  so  that 
tire  amount  of  principal  and  in'  said  bonds 
shall  be  paid  within  twenty  years  from  tho  date  of  the 
issuance  of  said  bonds:  and  it  is  hereby  made  the  duty  of 

other    pi  rson    as    may    be    charged 
with    the    duty       |  ting    the    sanitary    taxea,    to    .■ 

the  said   taxei  so   to   be  levied,  and   the  duty  of  the  sanitary 
to  order  tl  to  be  paid,  in   manner  and   form   as 

provided  by  bis  act,  and  the  duty  of  the  county  tr 

If.  for  any  reason,  any  portion  of  th<  tax 
for  any  year  remains  unpaid,  and  in  consequence  I 
any  portion  of  the  interest  or  principal  due  for  any  year 
remaini  unpaid,  the  same  shall  be  added  to  tin  levy  for  the 
in  xt  year,  -i!"i  i>>  collected  ami  paid  accordingly.  Th<  pay- 
ment of  the  whole  amount  of  the  principal  and  int.: 
all  of  said  bonds,  within  twenty  years  from  their  issuance, 
is    hereby    made    'he    imperative    duty    of    the    .listrict;    and, 

if  necessary  fur  that  purpose,  a  special  tax  shall  be  levied; 
and  it  is  hereby  made  the  duty  of  every  offici  r  ami  board 
to  do  his  respective  part  towards  the  levy,  collection,  and 
payment  Of  SUCh  tax:  and  mandamus  shall  iss<i<  from  the 
superior  court  of  the  enmity  in  which  the  district  is  situate.], 
or  fr.un  any  other  competent  court,  upon  application  of  any 
party  interested,   for  the  purpose  of  compelling  the  perform- 

if  the  duty    imposed  by   this  act  upon  any  and  all  offi- 

c  boards, 

Sec.  IS.  If  the  result  of  any  election  upon  the  ques- 
tion of  the  issuanoe  of  bonds  be  in  favor  of  such  issuance, 
the  sanitary  hoard  may.  in  their  discretion,  before  Stub 
issuance,  commence,  in  the  superior  court  of  the  county. 
lal  proceeding  to  determine  theil  right  to  issue  such 
bonds  and  the  validity  thereof,  similar  to  the  prooeeding 
in  relation  to  irrigation  bonds,  provided  for  by  an  act 
entitled  "An  act  supplemental  to  an  act  entitled  'An  act. 
to  provide  for  the  organization  and  govirnnunt  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  oi  water 
and  other  property)  and  for  the  distribution  of  watci 
by  for  irrigation  purposes,'  approved   March  seventh 


1129  SANITARY   DISTRICTS.  Act  3349,  §§  19-21 

tern  hundred  and  eighty-seven,  and  to  provide  for  the  exam- 
ination, approval,  and  confirmation  of  proceedings  for  the 
issue  and  sale  of  bonds  issued  under  the  provisions  of  said 
act";  and  all  the  provisions  of  said  act  shall  apply  to  and 
govern  the  proceedings  so  to  be  commenced  by  the  sani- 
tary board,  so  far  as  the  same  are  applicable;  and  said 
proceedings  shall  be  in  accordance  with  the  provisions  of 
said  act,  so  far  as  the  same  are  applicable,  and  the  judg- 
ment in  such  proceedings  shall  have  the  same  effect  as 
a  judgment  in  relation  to  irrigation  bonds  under  the  provi- 
sions of  said  act. 

Sec.  19.  Any  general  regulation  of  the  sanitary  board 
shall  be  by  order  entered  in  the  minutes,  but  such  order 
shall  be  published  once  a  week  for  one  week  in  some 
newspaper  published  within  the  district,  if  there  be  one, 
and  if  there  be  no  such  newspaper  then  such  order  shall 
be  posted  for  one  week  in  three  public  places  within  the 
district.  A  subsequent  order  of  the  board  that  such  pub- 
lication or  posting  has  been  duly  made  shall  be  conclusive 
evidence  that  such  publication  or  posting  has  been  prop- 
erly made.  Orders  not  establishing  a  general  regulation 
need  not  be  published  or  posted  (unless  otherwise  provided 
by  this  act),  but  shall  be  entered  in  the  minutes,  and  the 
entry  shall  be  signed  by  the  secretary  of  the  board.  A  gen- 
eral regulation  shall  take  effect  immediately  upon  the  expira- 
tion of  the  week  of  publication  or  posting  thereof.  An  or- 
dinary order  shall  take  effect  upon  the  entry  in  the  min- 
utes. 

See.  20.  The  board  may  instruct  the  district  attorney 
of  the  county  to  commence  and  prosecute  any  and  all 
actions  and  proceedings  necessary  or  proper  to  enforce 
any  of  its  regulations  or  orders,  and  may  call  upon  said 
district  attorney  for  advice  as  to  any  sanitary  subject; 
and  it  shall  be  the  duty  of  the  district  attorney  to  obey 
such  instructions  and  to  give  advice  when  called  on  by 
the  board  therefor.  The  board  may  at  any  time  employ 
special  counsel  for  any  purpose.  All  fines  for  the  violation 
of  any  regulation  or  order  of  the  sanitary  board  shall, 
after  the  expenses  of  the  prosecution  are  paid  therefrom, 
be  paid  to  the  secretary  of  the  board,  who  shall  forthwith 
deposit  the  same  with  the  county  treasurer,  who  shall  place 
the  same   in   the  running  expense   fund   of   the   district. 

Sec.  21.  The  district  may  at  any  time  be  dissolved  upon 
the    vote    of    two-thirds    of    the    qualified  electors    thereof, 


Act  3349,  •  22  SANITARY    DISTRICTS.  1130 

upon  an  election  called  by  the  sanitary  board  upon  the 
question  of  dissolution.     Such   election   shall   ho  railed  and 

Conducted    in     the    same    manner    as    other    elections    of    the 

district.  Upon  such  dissolution,  the  property  of  the  dis- 
trict shall  v.  st  in  any  incorporated  city  or  town  that  may 
'ill  time  !"■  in  occupation  of  a  considerable  portion  of 
tin  territory  <>f  the  district,  and  if  there  be  no  such  In- 
corporated city  it  town,  then   the  property  shall  be  vested 

in  the  hoar. I  of  Supervisors  of  the  county  until  the  forma- 
tion of  such  a  city  or  town;  provided,  however,  that  if  at 
the  time  of  such  election  to  dissolve  such  district  there 
I..-    any    outstandii  ;    indebtedness   of   sues    district, 

then,  in  BUCh  event,  the  vote  to  .iiss,,lVe  such  district 
shall      dissolve     the     Batne    for    all     purposes    excepting    only 

the  levy  and  collection  of  taxes  for  the  payment  of  such 
indebtedness;  and  from  tin  time  such  district  is  thus 
lived  until  such  bonded  indebtedness,  with  the  in- 
teresl  then  on.  is  fully  paid,  satisfied,  and  discharged,  the 
legislative  authority  of  said  incorporated  city  or  town,  or 
the  board  of  r,<.   if  there  he  no  such   incorporated 

citv    or    town,    is    hereby    e  ex  officio    the    sanitary 

board   of  such   district.     And   it   is  hereby  made  obligatory 

upon  such  board  to  levy  Bueh  taxes  and  perform  sneli  other 
ac's    ai    mav    i  ry    in    Order    to    raise    money    for    the 

■eh    in. hi  •  nd    the    interest    thereon,   as 

h>  r<  in  provided. 

"'2.      The     sanitary    hoard     shall     have     power     at     any 
time    after    main    Bewers,    or    otheT    BCWers    .'ire    laid,    to    order 

ami    contract    for   tin Detraction    of   a   sewer   in    any    stl 

or  part  of  a  street  of  the  district  where  a  s.wer  is  not 
already  constructed,  and  to  provide  by  such  order  that  the 

I. all    he    horne    by    the    property    fronting   along 

the    line    of    the    sewer    ;is    ordered.     Before    ordering    any 

work      done,    or    improvement      made,    which      is      authorized 

by    this    section,    the    sanitary    hoard    shall    paSS    a    resolution 
Of    intention    so    to    i|o    ami    describing    the    work.      The    - 
tarv   of   the   hoar.)    shall    thereupon    cause    to    be    conspicuously 

jiosted  along  the  line  of  said  contemplate,!  work  <>r  im- 
provement, at  not  more  than  three  hundred  feet  in  dis- 
tance apart,  hut  not  less  than  three  in  all.  notices  of  the 
of  said  resolution,  Baid  notices  shall,  in  legible 
characters,  state  the  fact  of  the  passage  of  the  resolution, 
its  date  ami  briefly  the  work  or  improvement  proposed, 
ami  refer  to  the  resolution  for  further  particulars.  He 
shall  also  cause  a  noti  >.  Bimilar  in  substance,  to  be  pub- 
lished   for    a    period    of    five    consecutive    days    in    a    daily 


1131  SANITARY    DISTRICTS.  ActS&B.  fc-22 

newspaper  published  and  circulated  in  said  district,  am] 
designated  by  said  sanitary  board,  or  by  one  insertion  in 
a  weekly  newspaper  so  published,  circulated  and  desig- 
nated. If  there  be  no  newspaper  published  and  circulated 
in  said  district,  then  and  in  that  case  said  secretary  shall 
post  said  notices  in  three  public  places  in  said  district  in 
addition  to  said  posting  along  the  line  of  said  work  or 
improvement.  Any  owner  of  property  fronting  upon  said 
proposed  work  or  improvement  may  make  a  written  ob- 
jection to  the  same  within  fifteen  days  from  and  after  the 
first  publication  of  said  notice,  or  from  and  after  the  day 
of  the  posting  of  said  notice  if  the  same  cannot  be  pub- 
lished as  herein  provided,  which  objection  shall  be  deliv- 
ered to  the  secretary  of  the  sanitary  board,  who  shall  in- 
dorse thereon  the  date  of  its  reception  by  him.  The  san- 
itary board  shall,  at  its  next  meeting  after  the  time  for 
presentation  of  objections  has  expired,  fix  a  time  for  hear 
ing  said  objections,  not  less  than  one  week  thereafter.  The 
secretary  of  the  sanitary  board  shall  thereupon  notify  the 
person  or  persons  making  such  objection,  by  depositing  a 
notice  thereof  in  the  United  States  postoffice  in  said  dis- 
trict, or  if  there  be  none  in  said  district,  then  in  the  one 
nearest  thereto,  postage  prepaid,  addressed  to  each  objector, 
or  his  agent,  when  such  objector  appears  by  agent.  At  the 
time  specified  said  sanitary  board  shall  hear  the  objections 
urged,  and  pass  upon  the  same,  and  its  decision  shall  be 
final  and  conclusive.  Upon  such  decision  or  at  the  expira- 
tion of  the  said  fifteen  days,  if  no  written  objection  to 
the  work  therein  described  has  been  made  as  aforesaid  by 
any  owner  of  the  property  fronting  on  said  work  or  im- 
provement, the  sanitary  board  shall  be  deemed  to  have  ac- 
quired jurisdiction  to  order  any  work  to  be  done,  or  improve- 
ment to  be  made,  authorized  by  said  resolution  and  this 
section.  After  said  sanitary  board  has  acquired  jurisdic- 
tion to  do  such  work  and  make  such  improvement,  it  may 
order  the  work  done  and  improvement  made,  and  provide 
in  such  order  a  time  for  receiving  bids,  and  likewise  au- 
thorize the  president  and  secretary  of  the  sanitary  board  to 
enter  into  a  contract  for  the  performance  of  said  work  and 
making  of  said  improvement.  Such  order  shall  be  pub- 
lished for  a  period  of  five  consecutive  days  in  a  daily  news- 
paper published  and  circulated  in  said  district,  and  desig- 
nated by  said  sanitary  board,  or  by  one  insertion  in  a 
weekly  newspaper  so  published,  circulated  and  designated, 
and  in  case  there  be  no  such  newspaper  published  and  cir- 
culated in  said  district,  then  and  in  that  event  such  order 
shall  be   posted  in   at   least   three   public  places  in   said   dis- 


Act  M49,  {{  23.  24  W1TARY    DIf  M 

trictj  and  at  tl penh  )>;i)s  the  board  must  iiwd 

ttif tit  r  i  »ible  blddi  r,  or  may  r> 

any  and  all  l>i'h  and  readTertiee  for  M'ls  and  i  ipen 

bag  of  racfa  bida  award  the  ■  ■  'li"  lowi  sibl 

bidder,  null  ss  th<'  board  1  there  la  eollosion  beti 

bidden  when  it  may  again  reject  t  > > « -  bida  and  i 
for  bide   nntil   they   an  Pair   an. I    not 

naada   uii'i.  r   eolfoaion   <>r    fraud    when    it    muet    award    the 

AnW   it   case  such   order  hi   made  and    such 
tr.n-  and   Improves 

iiii.|i  r   men    contract    ahall    become    a    li-'n    upon    and 
shall  si  'I   against   such   I  roni 

Ing   upon   said   work   and   improi 

rihli     f',,r    sai.l    work    an. I    imprOVI  ini  n t    u n . 1 1  r    the    pr.>\i- 

titled  "An   ae-1   to   proi 

il  |  . . r. 

;ui,l   for  tin    eonstrnetl  within   municipality 

approved    kfarefa    ■  n    bnndred   and   eighty 

!..ry    and    supplemental    thereto,   and 

the    manner,    mi  thod    and    i l<  •  "t    and 

lii'ii 
shall  be  made  in  accordance  with  the  pi  etion 

plemental  and 
ndatory    to    aneh    pro* 
the  worda  ' '  city  conncil ' '  sdi  r- 

■i|  ";  th  •  Intend!  at 

„,l    ",-it-  r"   shall    be    nnderatood    t.> 

u  itary  district ' ';  the   worda 

>n.l   "municipality"   Bhall   be   o  to   mean 

"sanitary  district"  erii"  and  "city  clerk" 

shall   be  understood    to   mean   "  or   Baid    sanitary 

board  ' ':  the  b  r"  or  "city  tt  'I  be 

nnderatood    to    mean    any    person   i>r  officer   who   shall    have 

charge   of   and    make   payment   of  th<    funds  of  such   sani- 

district;  anil   further  provided,  thai  all  t;  an.l 

duties  conferred  by  the  said  provisfo  '  act  and 

amendatory    and    supplemental    thereof    npon    city    n 

rintendentfs]  ta,   clerk*  ty    <-iirks.    and 

■ 
t"i  rred    and    Imposed    upon    the    r< 
above    specified.     [Amendment    appi  March     10, 

I.      In    .  fT.  ct    inim.  .liat.ly.] 

All  arts  and   paj  lict   with  this 

it   .-my    portion    thereof,   are    hereby    repealed, 

8cc.  21.     This  act  shall  taki    effect    immediately. 


1132a  SAN    JOAQUIN    COUNTY.  Act  3353,  J  1 

TITLE  416. 
SAN  JOAQUIN  COUNTY. 

ACT  3353. 

An  act  to  furnish,  grant,  convey  and  relinquish  to  the 
United  States  of  America  the  right  of  way  in  San 
Joaquin  county  now  (or  hereafter)  obtained  by  the 
commissioner  of  public  works  under  an  act  of  the  legis- 
lature, approved  March  25,  "1903,  entitled  "An  act  au- 
thorizing the  commissioner  of  public  works  to  obtain  a 
right  of  way  for  a  eanal  to  divert  the  waters  of  Mor- 
mon Channel  into  the  Calaveras  River,  to  maintain 
condemnation  suits  therefor,  and  making  an  appro- 
priation to  pay  for  said  right  of  way,  and  the  costs  and 
expenses  of  obtaining  the  same,"  and  under  the  laws 
of  the  State  of  California  relating  to  such  matters,  for 
the  purpose  of  the  construction  and  completion  of  such 
right  of  way  by  the  United  States  of  America  of  a 
diverting  canal  east  of  the  city  of  Stockton  from  the 
Mormon  Channel  to  the  Calaveras  River  and  along 
the  channel  of  the  Calaveras  River  to  the  San  Joaquin 
River,  pursuant  to  an  act  of  congress  of  June  13,  1902, 
and  to  subsequent  acts  of  congress  relating  thereto, 
and  to  authorize  the  commissioner  of  public  works 
and  the  governor  of  the  state  to  execute  conveyances 
thereof,  and  to  authorize  and  direct  the  secretary  of 
state  to  countersign  and  make  delivery  of  the  same 
to   the   United   States   of   America. 

[Approved  June  9,  1906.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do    enact   as   follows: 

Section  I.  For  the  purpose  of  enabling  the  government 
of  the  United  States  of  America  to  construct,  complete  and 
maintain  in  San  Joaquin  County,  a  canal  to  divert  the  waters 
of  the  Mormon  Channel  into  the  Calaveras  River,  and 
thence  along  the  channel  of  the  Calaveras  River  to  the  San 
Joaquin  River,  in  accordance  with  an  act  of  the  Congress 
of  the  United  States  of  date  June  13th,  1902,  entitled,  "An 
act  making  appropriations  for  the  construction,  repair  and 
preservation  of  certain  public  works  on  rivers  and  harbors, 
and  for  other  purposes,"  and  being  Chapter  1079  of  the 
Public  Acts  of  the  57th  Congress,  passed  at  its  first  session, 
and  of  other  subsequent  acts  of  the  Congress  making  further 
appropriations   for   the   construction   and    completion   of   said 


H  ;,  3  JOAQUT*    OOUNTT.  Mb 

State     of    California    hereby     furnish   s.     grants, 
relinquishes    to    "The    I  *  n  i  t  •  ■  <  1    States 
America,"    all    its    right,    title    and    interest    to    the    right 
r  such  '1  it  hereafter)  obtained, 

by    pun  -       therwise    by    the    commis- 

sion, r  nt'  public  works  undiT  nn  net  of  the  legislature  ap- 
proved Mares  tied,  "An  act  authorizing  the 
oommiasioni  r  of  public  works  to  obtain  a  right  of  way 
lor  a  canal  to  divert  the  waters  of  Mormon  Channel  into 
River,  to  maintain  condemnation  suits  there- 
for,   and    making   an    appropriation    to    pay    for   sai«l    right    of 

ami   tin    costs  am  -   of  obtaining  the  Bam 

ami  under  general  laws  of  ti  mia  relating  to 

siti-h     mat 

01  r    of    public    works  is    hen  I 

thor  . ! •  r.  .- t .  . I    to    grant    to    the   State  of   California 

such  of  said   right   of   nay   as  have  been   granted 

directly   to   him.  and   the   governor   of   ti  Lb   hereby 

authorized  and   directed   on   behalf  of  the  State  of  California 
to   .  .pd    grant    of   such    right    of 

to  th<  i  sited  States  of  America,  and  the  secretary  of 
is  h.  r<  l.y  authorized  and  directed  to  countersign  and 
delivery  of  th<   Bame  to  thr  United  States  of  America. 

I  in'    right    of    way    mentioned    in    section    2    is    de- 
ll    r,  rtain     strip    of    land     situate,    lying    and 

being  La  the  County  ol  Baa  Joaquin,  State  of  California, 
having  for  its  easterly  extremity  the  south  bank  of  the 
Mormon  Channel  and  for  its  westerly  extremity  the  San 
[uin  River,  and  lying  between  two  certain  lines,  which 
lin>  9    ai  las    follows,    to    wit : 

1.  The  westerly  and  southerly  or  left  boundary  line. 
Commencing  at   a  point   on   the  south  side  of  the  Stockton 
and  Copperopolis  road   westerly   361    feel   from  the   point   of 
intersection  of  the  south  Line  of  said  road  with  the  quarter- 
on    line   between    I  half   and    the    west   half   of 
I  .  M.  w.  bi  r's  Grant,  "  El  Rancho  del  Campo 
d<    los    Franceses,"  and   running   thence   along  the  south   line 
of  said  road  south  7.n>°  00'  west  2i>l    feet;   thenee  south 

L150    feet    to    the   center   of   the    Mormon   Channel; 

iuth  57     0  to  thi    south  bank  of  the  .Mormon 

i  hannel,   which    is   the   point   of   commencement;   and   from 

such   point  of  con  t    run   uorth  57°   00'  west   to    the 

c<  ii t.  r    of    the    Mormon    Channel;    tin  nee    north    57°    00'    west 

1150  feel  to  tin   south  Lin<   of  said  Stockton  am)  Copperopolis 

road;    theme    north    57°    00'   weBt    to    the    north    line   of   said 


1132c 


SAN    JOAQUIN    COUNTY.  Act  3353,  3  3 


Stockton  and  Copperopolis  road;   thence   north  57°   00'  west 
2567  feet  to  a  point  which  is  south   17°   00'  east  269.4  feet 
from  the  northwest  corner  of  section  76  of  said  grant;  thence 
north   57°    west   352   feet;    thence    north   57°    00'   west    2257 
feet;    thence   north   61°   45'   west   690   feet   to   the    southerly 
line  of  the  right  of  way  of  the  Stockton   and  Copperopolis 
railroad;    thence    north    61°    45'   west   to    the    northerly   line 
of  the  right  of  way  of  said  Stockton  and  Copperopolis  rail- 
road;  thence  north  61°  45'  west  176  feet  to   a  point  in  the 
line  between  the  east  half  and  the  west  half  of  Section  65 
of  said  grant,  north  17°  00'  west  143  feet  distant  from  the 
northerly   line    of    the   right    of   way   of   said   Stockton    and 
Copperopolis  railroad;   thence  north  61°  45'  west  5852  feet; 
thence  north  61°   45'  west  208.4  feet  to  a  point  in  line  be- 
tween  the   north   half  and   the   south   half  of   Section   54   of  " 
said   grant,   north   73°    00'   east   2717   feet    distant   from   the 
west    line    of   said    Section    54;    thence    north    61°    45'    west 
949   feet;    thence    north    61°   45'   west    976   feet    to    a    point 
south    17°    00'   east   929    feet   distant    from    a    point    that   is 
north    73°    00'    east    1401.5    feet    distant    from    the    common 
corner  of  Sections  42,  43,  53,  and  54  of  said  grant;   thence 
north  61°  45'  west  669  feet;   thence  north  61°  43'  west  572 
feet;    thence   north   61°    45'   west   28   feet   to   a   point   north 
73°    00'   east   521   feet   distant   from    the   corner   common    to 
Sections   42,    43,   53    and     54   of   said     grant;    thence     north 
61°  45'  west   1606  feet   to  a  point  north   17°   00'  west   1178 
feet    distant    from    the     southwest    corner    of    San    Joaquin 
County   Survey   No.    821;    thence    north    61°    45'   west    483.5 
feet   to   the   south   line  of   the   Cherokee   Lane   road;    thence 
north   61°    45'   west    1130   feet;    thence    north    61°    45'   west 
466  feet   to   a  point   which   is   south    73°    00'   west   326   feet 
from   the   northeast   corner   of   San   Joaquin   County   Survey 
No.    2875;    thence    north    61°    45'    west    5062    feet;    thence 
north    75°    10'    west    305.5    feet    to    a    point    which    is    north 
16°    55'   west    1600   feet    distant   from    the    southeast    corner 
of    San    Joaquin    County    Survey    No.    1501;    thence    south 
85°  00'  west  283  feet;   thence  south  58°   00'  west  613.5  feet 
to   a   point   which   is   north   16°   55'   west    1486   feet    distant 
from  the  southwest  corner  of  San  Joaquin  Survey  No.  1501; 
thence   south   81°    50'   west   808   feet;    thence    south    74°    10' 
west  328.5  feet;   thence  north  73°  30'  west  627  feet;  thence 
south    75°    25'   west    1829    feet    to.  a    point    which    is  "north 
17°   00'  west   3633   feet   from   the   southwest   corner    of   San 
Joaquin    County    Survey    No.    1167;    thence    south    75°    25' 
west   714  feet;   thence  south   84°    30'   west   700   feet;    thence 
north  82°  40'  west  480  feet;  thence  south  70°   00'  west  464 


Act  «4.  |I  JOvQtiv   roi'NTT. 

■uth 
I 
ith  19°  4  In' 

-       -T'.l- 

in.  d(  I  :i  i«iint  vrhicfa  il 

Joaquin   Oonnty 

jouth 

■ 
•     ■ 
point    from    w  four -inch  otioned    in    an 

Smith     ami     EH  Bah*  I  •:irt. 

-  !.  .1   on  .i:inu.iry   BO,    1899,   in  tl  runty 

• 
.li  r,:  i-   south 

touth 

tl.t  no.    smith    - 

which  a  four-lack 

rn  '1    to    in    Mid    :i^r  tmrth    I  - 

-  ••    '.:ink 

•.,.   i  m1.iv.  -  Mith 

Bl   of   the 

,.iin  riv.  r.  :in.l  together  therewith  th<  place 

11    the    1.  v .  .■    now    upon  •  '!-    1.  ft 

rly  and  l  >I  right  lino. 

mmencing  »t  .-i  point  on  the  5      kton 

.in. I 

on  of  the  south  Hi  road  with  tl 

Ion  line  b<  tween  I   i 

M.  W(  b<  r'a  Grant  o  de 

and    ran    thence    north    73c    W 

1 '  00' 

tout  f  Mormoi   Chan- 

which  La  th<    point  otch  point 


llKe  SAN'   JOAQUIN    COUNTY.  Act  3353.  5  5 

of  commencement   run   north  57°   00'  west   to   the   center  of 
Mormon  Channel;  thence  north  57°  00'  west  1150  feet  to  the 
south   line  of   the   said   road;   thence   on   the   same   course   to 
the    north    line    of    said    road;    thence    on    the    same    course 
2919   feet   to   a   point  north   73°   00'  east   226   feet   from   the 
northwest   corner  of  section    76;    thence   north   57°   00'   west 
2609  feet;   thence   north   61°   45'  west  29-4  feet  to   the  south 
line  of  the  right  of  way  of  the  Stockton   and   Copperopolis 
railroad;    thence   on   same   course   to   the   north   line   of   said 
right  of  way  of  said  railroad;    theirce  on   same   course   1000 
feet;  thence  on  same  course  5258  feet;  thence  on  same  course 
1749  feet;   thence  on  same  course   176  feet;   thence  on  same 
course   1281   feet;   thence  on  same  course  2406  feet;    thence 
on  same   course   56   feet   to   the   south   line   of   the   Cherokee 
Lane    road;    thence    on    same    course    1590    feet    to    a    point 
which    is    north    17°    00'   west    237    feet    from    the    northeast 
corner  of  San  Joaquin   County  Survey  No.  2875;   thence  on 
the  same  course  2327  feet  to  a  point  which  is  north  73°  00' 
east  281.7  feet  distant  from  the  point  of  intersection  of  the 
north   line   of   San   Joaquin    County   Survey   No.   2873      with 
the   west   line   of   that   portion   of   San   Joaquin   County   Sur- 
vey No.  1345  which  lies  in  section  41  of  said  grant;  thence 
north   61°    45'   west   400   feet;    thence   on    same   course    2397 
feet;   thence  on   same   course   50  feet;   thence   north   75°    10' 
west   395   feet;   thenee   south   85°   00'  west  449   feet;   thence 
south  58°   00'  west  215  feet;   thence  south  58°   00'  west  421 
feet;   thence  south   81°   50'  west  727  feet;   thence  south   74° 
10'   west   255    feet   to    the    east   line   of   Cooper's   or   West's 
Lane;    thence    north    73°    30'    west    630    feet;    thence    south 
75°  25'  west  2150  feet;   thenee  south  75°   25'  west  475  feet; 
thence   south   84°    30'   west   623   feet;    thenee   north   82°    40' 
west  511.5  feet;  thence  south  76°  00'  west  640  feet;  thence 
south  48°  10'  west  910.5  feet;  thence  south  19°  45'  west  1072 
feet;   thence  south  28°   10'  west  900  feet;   thence  south  48° 
10'  west  354  feet  to  the  west  line  of  the  Lower  Sacramento 
road,  which  point  of  intersection  is  south  17°   00'  east  2488 
feet     distant    from    the     southeast     corner    of    San    Joaquin 
County  Survey  No.   997   and  run  thence   south  48°   10'  west 
2129  feet;  thence  south  69°  35'  west  781  feet;  thence  north 
48°  25'  west  587  feet;  thence  north  70°  50'  west  359^  feet; 
thence  north  83°   30'  west  614.5   feet;   thence  north   77°   50' 
west  1210  feet;  thence  south  67°  35'  west  1587  feet;   thence 
north  89°   10'  west  694  feet;   thence  south  65°   00'  west  520 
feet;   thence  north  88°   25'  west  650  feet;   thence  south   77° 
30'    west    430    feet;    thence    south    60°    05'    west    795    feet; 
thence  south  46°   35'  west   1010   feet;   thence   south  42°   20' 


!  3357  SAN    JOAQL'IN    COUNTY.  11321 

went  140S  feet;  thence  smith  69°  55'  west  857.5  feet;  thence 
wesl    1082  feet;  thenee  south  54°  10'  west  852 
(reel     1171    feet;    thence   south 
83°  I  BOO  feet,  more  or  loss,  to  the  right  bank  of  the 

Baa  Joaquin  River:  said  right  of  way  being  from  its  com- 
meneemenl  a?  th<  lionnos  channel  to  the  Calaveras  River 
and    along    tl  River    to    the    west    line    of    the 

Lower  mad  of  a  uniform  width  of  400  feet. 

Sec.  4.  All  rights  of  way  hereafter  acquired  by  the  State 
of  (  alifornia,  <>r  by  its  commissioner  of  public  works  for 
said  Bpecifled  purpose  are  hereby  also  furnished,  granted, 
conveyed,  released  and  relinquished  by  the  State  of  Cali- 
fornia to  the  Unit  -  of  America,  and  the  governor 
of    '                    is    hereby    authorized    ami    directed   on   behalf 

Jifornia  to  execute  ■  patent]  conveys 
and  granl  of  the  same  to  the  United  States  of  America,  and 
thi  is  hereby  autboriaed  and  directed  to 

count  md   make  delivery   of  the  same  to  the  United 

Am.  rica. 

»  lit'ornia  furnishes,  grants,  conveys, 

releases  and  relinquishes  Bach  rights  of  way  upon  the  ex- 
-  condition  that  all  civil  process  issued  from  the  courts 
of  this  Btate,  and  such  criminal  process  as  may  issue  under 
the  authority  of"  this  state,  against  any  person  charged  with 
crime,  may  be  served  and  executed  thereon  in  the  same 
mode  and  manner  and  by  the  same  officers  as  if  such  eon- 
e   had    not   been   i 

0.     This    act    shall    take    effect    immediately. 

ACT    33.r.l. 

Authorizing    the    construction    of   certain    levees   by   certain 

parties.      [Stats,    187T-8,   p.    48.] 
ACT    3355. 
Protecting   certain    lands   from  overflow.     [Stats.    1871-2,   p. 

801.] 
ACT   3356. 

Providing    for    the    appointment    of    phonographic    reporter 

in.      [Stats.    1ST  1-2,  p.  551.] 

by   Cude  of  ClvU   1'roccdure,   sees.   26^-^74.     (People  v.   Lou 

ACT    3357. 

acerning  certain   records  of.     [Stats.  1857,  p.  228.] 

This  ain   r<  cords  of   that  county. 


1133  SAN    JOAQUIN    COUNTY.  Act  358-336 

.ACT    3358. 

Eoads    and   highways.     [Stats.    1875-6,   p.   341.] 
Amended   1S77-8,   1034.     Repealed  1SS3,   5,    chap.    X,    sec.   2. 

ACT   3359. 

Authorizing  road  districts  in,  to  levy  a  special  tax.     [Stats. 
1871-2,  p.  627'.] 
Repealed  by  statute  of  1S83,   p.  5,   chap.   X.   sec.   2. 

ACT   3360. 

Eegulating   salaries   and   fixing   compensation   of   officers   of. 
[Stats.   1871-2,   p.   874.] 
Repealed  1873-4,    578. 

ACT    3361. 

Eegulating   salaries   and   fixing   compensation   of   officers   of. 

[Stats.   1873-4,   p.   575.] 

Repealed   by   County   Government   Acts,    see   1897,    505,    sec.    164. 

ACT  3362. 

Shorthand  reporter,  duties  of.     [Stats.   1875-6,  p.   12.] 
Superseded  by   Code  of  Civil   Procedure,   sees.   268  to  274. 

ACT    3363. 

To   encourage   destruction   of   squirrels   and   gophers   in,   and 
to    provide   a   bounty   for    the   same.      [Stats.    1877-8,   p. 
773.] 
Superseded  by  subd.   26,   sec.    25,    County   Government  Act,    1897,   466. 

ACT    3364. 

Supervisors  of.      [Stats.  1873-4,  p.  466.] 
Repealed  by   County   Government   Acts,    see  1897,   452. 

ACT   3365. 

Making    county    treasurer    ex-officio    tax    collector,    and    the 

recorder    ex-officio    county    auditor.      [Stats.    1873-4,    p. 

692.] 

Superseded  by   County   Government  Acts,   see  1897,   452. 

ACT    3366. 

An  act  to  provide  one  (1)  additional  judge  of  the  superior 
court  of  the  county  of  San  Joaquin,  State  of  California; 
for  the  manner  of  his  election  and  for  his  compensation. 
[Approved  March  18,  1905.     Stats.   1905,  p.  100.] 


SAN   J0AQU2M    RIVEH— SAN   JOSE.  UfJ 

TITLE  417. 

S\\    JOAQUIN    KIVER. 
ACT    3370. 

Declaring    navigable.      [Stats.    1871-2,    p.    117.] 
:    by   Political   Code,   sec.    2349.    as   amended   1891,    9«. 
ACT     3371. 
Public   wharves  on,  act  concerning.      [Stats.  1871-2,  p.  657.] 


TITLE  418. 

ACT   3375. 

Charter  of  San  Jose,     [State.  1S97,  p.  592.] 

Ami 

Cal     Hep.    Clt.     111.    660;     141.   668;     146. 

ACT   3376. 

to   reincorporate.     [Stats.    1871-2,   p.   333.] 
lis. 

Cal.    Rop.    Clt     HI.   562;     141,  663. 
ACT  3377. 

Reincorporating.     [Stat*.   1873-4,  p.  395.] 

Am.  ■  S,    289,    846;     1891,    97.     Superseded   by   the 

chart,  i    gf    San    Jose,    1897,    593. 
Cal  66,    6;     68.   92;     90,    39;     IS,    674;     102.    644;     107,    188;     141. 

ACT  3378. 

Establishment  of  board  of  health  in.     [Stats.  1877-8,  p.  296.] 

Superseded   by   charter,    1S97,    342. 
ACT    3379. 

Authorizing  to  issue  bonds  to  provide  for  sewerage  of  said 
city.      [Stats.   1871-2,  p.  365.] 

ACT  3380. 

Incorporating    the    fire    department    of.     [Stats.    1869-70,    p. 

562.] 

See  charter  of  that  city.   1S97,   624. 

ACT  3381. 

L;iw  libnsrj    in,  establishing.     [Stata.  1873-1,  p.  727.] 

See   Statu  •  ikth,    however,   uoes   not   repeal    this   act. 

If  a  library   had   b  ^lied  under  or  preceding  It. 


1135  SAN   JUAN— SAN   LUIS   OBISPO  COUNTY.     Acts  3382-J402 

ACT    3382. 

Confirming  and  ratifving  acts  of  raavor  and  common  coun- 
cil of.  *  [Stats.   1877-8,  p.   163.] 

This   act  authorized  the   opening  of  Market   Street   through   Market 
Square. 

ACT  3383. 

Santa  Clara  Avenue   and  certain  public  lands,  act   concern- 
ing.    [Stats.   1877-8,  p.  290.] 
ACT   3384. 

Authorizing  and  empowering  the  school  trustees  to     erect  a 
high-school   building.      [Stats.    1897,   p.    167.] 

ACT  3385. 

Providing   for    the    opening,    widening,     and     extending     of 
streets  in.      [Stats.  1877-8,  p.  620.] 
Probably   superseded   by   the   Vrooman   Act,    1S85,    147. 


TITLE  419. 
SAN   JUAN. 
ACT  3390. 

Incorporating  town  of.      [Stats.   1869-70,   p.   245.] 
Superseded   by   incorporating,    In  1S96,    under   the  statute   of   1883. 


TITLE  420. 
SAN    LEANDRO. 
ACT    3395. 

To  incorporate.      [Stats.  1871-2,  p.  458.] 
Repealed   by   revising   act,    1873-4,   63. 

ACT    3396. 

Incorporating.      [Stats.    1873-4,    p.    63.] 
Revising   act   of   March   21,    1ST2,    458.     Superseded   by    incorporating, 
in   1892,    under  statute   of   1883. 


TITLE  421. 
SAN   LUIS    OBISPO    COUNTY. 
ACT  3401. 

Concerning   trespassing  animals   in.      [Stats.   1871-2,  p.  749.] 
The    code    commissioner*    (1&03)     say:     "Probably    repealed    by    the 
estray    law   of   1897,    198;     1901,    603." 

ACT  3402. 

Regulating   fees    and   salaries    in.     [Stats.    1869-70,   p.    437.] 

Amended    1S71-2,    425;     1875-6.    912. 
See  note  to  act  1119,   ante. 


-3IU  1. 1  IS   OBISPO   COUNTY.  1136 

ACT   3403. 

r.l.r  of.      [Stats.   1S77-8,  p.  701.] 
R*p<  il<  i   bj    County  Government  Acts,  see  1897.  527,  sec.  176. 

ACT     3404. 

Pees    and    compensation   of    district    attorney    of.     [Stats 
1877-8,  p.  451.] 

Superseded  by   County   Government    Acts,   see   1897,    527,    sec.    176. 
ACT    3405. 

Aut  ribing  of  records  in.      [Stats.  1860,  p.  11.] 

ACT    3406. 

Authorizing  the  transcribing  of  certain  records  in.     [Stats. 

1871-2,   p.   402.] 
ACT   3407. 

Concerning  roads  in.     |  stats.  1S71-2,  p.  134.] 

Amended  Repealed   1873-4,    30. 

ACT   3408. 

Providing    funds    for    road    |>ur;»oses    of.      [Stats.    1875-6,    p. 

tH)7.] 
ACT  3409. 

Fixing  salaries  of  certain  officers  of.     [Stats.  1873-4,  p.  618.] 

"Repealed    U    to    county    Judges   by    the   constitution    of    1879,    abol- 
lshln.  to   the   other  offices,    by    the    County    Govern- 

■  "■:."—  Co.le    Commissioners'    Note. 

ACT    3410. 

and     I'lUiijM  nsation      of      certain      officers.     [Stats. 
1875-6,  p.  608.] 
Ami  i  \    128.     Repealed    by    County    Government    Acta,    eee 

1897.    527.    sec.    176. 

ACT    3411. 

Making    the    act    to    abate    the    squirrel    nuisance   applicable 

to.      [Stats.    1875-6,    p.    637.] 
ACT    3412. 
Providing    for    an    additional    superior    judge    for.     [Stats. 

1889,   p.   6.] 
ACT   3413. 
Kedueing   the   number  of  superior  judges  in.     [Stats.   1889, 

p.    333.] 
ACT    3414. 

Supervisors,    reorganizing.      [Stats.    1875-6,  p.   493.] 

Amended    1877-8,    36.     Superseded    by    County    Government    Acta,    sea 

18^7.    402. 


1137       SAN   LUIS  OBISPO,    TOWN   OF— SAN   MATEO   CO.     Ac.ts  341S-34::'J 

TITLE  422. 

SAN  LUIS  OBISPO,  TOWN  OF. 

ACT  3418. 

Incorporating.      [Stats.   1875-6,  p.  361.] 

Amended    1877-8,    683.     Superseded    by    incorporating,    in    1884,    tinder 
Municipal    Corporation    Act   of   1883. 

ACT  3419. 

Act   reincorporating.      [Stats.    1871-2,   p.   220.] 

Amended    1871-2,    434;     1873-4,    328.     Superseded   by    incorporating    un- 
der  Municipal   Corporation   Act   of   1883. 

ACT   3420. 

Issuance  of  bonds  by.     [Stats.  1875-6,  p.  382.] 
ACT  3421. 

Substitution   of   bonds   of   city   of   in   lieu   of   bonds   of   the 
town  of  San  Luis  Obispo.      [Stats.   1877-8,  p.   237.] 

ACT   3422. 

Town   of,   funds   for.      [Stats.   1873-4,   p.   294.] 

Superseded   by   Incorporating,    In   1884,    under   Municipal   Corporation 
Act   of  1883. 

This  act  authorized  the  issuance  and  sale  of  bonds. 

ACT   3423. 

In  relation  to  the  police  judge  of.      [Stats.   1877-8,  p.  946.] 

Superseded  by  incorporation,   In  1SS4,   under  the  Municipal  Corpora- 
llon   Act   of   1883. 

ACT  3424. 

City,  streets  and  roads  in.      [Stats.  1877-8,  p.  701.] 
Modified   by   Political    Code,    sec.    2642,    abolishing  the   office   of  road 
overseers.     Superseded    by    Incorporation,    in    18S4,    under   Municipal    Cor- 
poration Act  of  1883. 

ACT   3425. 

To  settle   title   to   lands  in  the  town  of.     [Stats.   1867-8,  p. 

245.] 
CaL   Rep.   Cit.    94,   132. 


TITLE  423. 

SAN  MATEO  COUNTY. 
ACT   3430. 

Boundary  fences  and   trespass  of  animals  in.      [Stats.   1875 
6,  p.  173.] 

Aa  to  trespassing   of  animals,   repealed   1S97,    198. 
Qen.  Laws— 72 


\nt»  1431-3439  RAN     MATEO    COUNTY.  11"- 

ACT    3131. 

Proriding    fox    eOMtrnetloi    anil    improvement    of    highways 
in.       [Si  •:.] 

Repealed   1S83,   p.   6.   chap.    X.   *ec.    1. 

ACT  5432. 

PreSCrib  and    proriding    <>fi!arirs    fur    certain    offi- 

Amr-  and    probably    r<  . 

»*>e  18*7.   462. 

ACT  : 

PMn4i  in.  •otablishiag.     [State   187 

•  >.1    by    1897.    198,    and   aubd.    14.    mc.   26. 
463. 

ACT 

r  in,  compensation  of.  .  p,  31.] 

.    aec.    3M2. 

ACT  3435. 

p.    100.1 

U    amended 

ACT   3436. 

F.xtrrminntion  of  squirrrls.     fPt  -p.  CIS.] 

St,    MC.    36, 

ACT  3437. 

To   ■  8,    p. 

7nn.] 
Thl*  ;"    tran»crlbe    the    record*   of 

ACT  3438. 

idditiontJ  r 

:it   Acta,   aee  1897. 
Thl«  ;v>ra   to   empower   the    treasurer    to 

A.CT  3439. 

Ir.i:  p-land    fun,}   of.   to   general   foacL     |St.lf*. 

1875-6,  p.  213.1 

•■irmrnt     *     ' 


1JJ9  SAN     RAJ-'AJSU-SANTA     BARBARA     CITY.     Aots  8440-3454 

ACT   3440. 

To    declare    certain    tide    lands    public    grounds   and    granting 

the  same  to,  in  trust  for  the  use  of  the  public.     [Stats. 

1893,  p.  42.] 


TITLE  424. 
SAN  RAFAEL. 
ACT  3445. 

Incorporating.     [Stats.  1873-4,  p.  111.] 

Amended    1877-8,    767.     Superseded    by    incorporating,    in    1839.     under 
Municipal    Government   Act   of   1SS3. 


TITLE  425. 
SANTA    IJAIIP.AKA    CITY. 
ACT  3449. 

Charter  of.      [Stats.   1899,   p.  448.] 

Amended    1905,    929. 
Cal.    Rep.    Cit.     140,    55S;     140,    559;     142,    670. 

ACT  3450. 

Incorporating.      [Stats.   1873-4,  p.   330.] 

Amended    1S75-G.    2^5;     1R77-S.    776.     Last    act    repeated    1887,    JOB.     Su- 
perseded by  the   charter   of  Santa    Barbara,    1899,    150. 

ACT  3451. 

Additional    powers    of    common    council.      [Stats.    1877-8,    p. 

292.] 
Superseded  by   charter,    1899,    448. 

ACT  3452. 

Legalizing    proceedings    of    trustees    of.      [Stats.    1865-6,    p. 

638.] 
ACT  3453. 

Legalizing   grants    of   lands   in.      [Stats.    1861,   p.    371.] 

Supplemented    1862,    495.     Amended    1S63,    47. 

This  act  legalized   grants  made  by  the  Ayuntamlento. 

ACT  3454. 

To  legalize  and  confirm  certain  grants  and  sales  of  town 
lands  by  the  board  of  trustees  and  the  mayor  and  com- 
mon council  of  the  city  of  Santa  Barbara,  made  since 
the  passage  of  the  act  of  March  31,  1866.  [Stats.  1869- 
70,   p.   666.] 


Acts  U  SANTA    BARBARA    COUNTY.  UN 

ACT  3455. 

Confirming    ©  I    m.i.l,     to    Santa    Barbara    Cemetery 

n.      [Suits.    1S75-G,   p.   572.] 
ACT  3456. 

Rut!  17   :i!"l   ordinance  48,  passed  by  com- 

p.  288.] 

■   related   to  certain  city   blocks  and  certain   plazas. 

ACT  3157. 

alng,    nixl    improving    streets    in.       [Stats 
1877-S,   p.   777.] 

rten,    66    <"nl     313A     Sn- 
147.   and  by  the  charter  of  Santa  Bar- 
ss'oners'    Note. 
Cal.    FUp.    Cit.     6a.    3H;     72.    4.«. 


TITLE  426. 

SANTA    BABBABA    COUNTY. 
ACT  34  02. 

.sing   animals   in.      [Stats.    1S71-2,  p.   749.] 

ACT  3463. 

rniiiLT    conveyances    in.      [Stats.    1873-4,    p.    61.] 
This    act  ;"pd    and    recorded    by    C.    K. 

C<v>k  ounty  clerk  and  ex-offlclo  county  recorder. 

ACT  3461. 

nty  elerk  of.     [Stats.  1875-6,  p.  212.] 

Repel  inty   Government   Acta,   se«   1897,   631.   sec.    179. 

ACT    3465. 

Fixing    salaries    of    certain    officers.      [Stats.    1S73-4,    p.    618.] 
I   as   to  county   JulRf*   by   the  constitution   of  1879,    and   as 
to   ot;  ha   County    Government   Acts,    see   1897,    452."— Code 

".ote. 

ACT   3466. 

ruing   roads   in.      [Stats.    1871-2,   p.    134.] 

Amemled    1871-2.   690.     Repealed   1873-4.    30. 

ACT  3467. 

i.il    road   district   in,   and    providing  road   fund. 
[Stats.    L876  6,    p.    494.] 

filed    1877-8.    lug. 


1141         SANTA    CLARA    CITY— SANTA  CLARA  COUNTY.      Acts  346S-34S:; 

ACT  3468. 

To   provide   for   the   extermination   of   squirrels   im      [Stats. 
1877-8,    p.    787.] 
Repealed   1880,    7. 

ACT  3469. 

Legalizing  all  proceedings  of.     [Stats.  1871-2,  p.  78.] 

Cal.    Rep.    Cit.     52.    157. 


TITLE  427. 

sa:nta  claea  city. 

ACT  3473. 

Act  to  reincorporate.     [Stats.  1871-2,  p.  251.] 
Amended  and   sections  added,   1873-4,    591. 
Cal.   Rep.    Clt.    143,    554. 

ACT  3474. 

Authorizing  corporate  authorities    to    take  and  hold  in  trust 
certain  lands.       [Stats.  1871-2,  p.  306.] 

This    act    had    reference    to   certain    lands    granted    by    Congress    to 
the   town  of  Santa  Clara   for  the  benefit  of  the   bona   fide   occupants. 


TITLE  428. 
SANTA  CLARA  COUNTY. 
ACT  3479. 

Tj    provide     for     the    construction     and    protection     of     the 
Alameda  road   in.     [Stats.   1871-2,  p.   367.] 

ACT  3480. 

Artesian   wells  in,   act   to  regulate  use   of,   and   to  prevent 
waste  of  water.     [Stats.  1875-6,  p.  331.] 

Repealed    1877-8,    196. 
ACT  3481. 

Defining    duties   of    county    assessor    of.      [Stats.    1871-2,    p. 

534.] 

See  sees.  148  ana  162  of  the   County  Government  Act,   1897,   491,   5«7. 
This   act   made    the   assessor  the   collector   of   poll-taxes. 

ACT  3482. 

Auditor,  seal  of  oflice.      [Stats.  1873-4,  p.  600.] 

ACT  3483. 

Authorizing    supervisors    to    pay    certain    moneys   to    county 
clerk  and  auditor.      [Stats.   1871-2,  p.  859.] 
Repealed   by   County    Government  Act,    1897,    452. 


Acts  34S4-3494  SANTA    CLARA   COUNTY.  Ill 

ACT  3484. 

Coroner   of.      [Stats.    1877-8,   p.   426.] 
Repealed   by   County   Government   Acts,    see  1S97,    506,    sec.    161. 

ACT  3485. 

Eegulating   fees   of   county    clerk.      [Stats.   1871-2,   p.    212. 

Ann  nd.  1  1875-$  402.  Repealed  by  fee  bill,  1S95,  267.  (Miller  v 
Curry,    113   Cal.    644.) 

ACT  3486. 

Firemen  of,  exemption  from  payment  of  poll  taxes.     [Stats 
1873-4,    p.    825.] 

"Probably  superseded  by  County  Government  Acts,  see  1897,  45i 
ami  constitution  of  1879,  seo.  12,  art.  XIII."— Code  Commissioners 
Note. 

ACT   3487. 

To   increase    the    number    of  judges   of    the    superior    court 

and    to   provide    for    the  appointment   of   an    additiona 

judge.      [Stats.    1897,   p.  7.] 

ACT  3488. 

Fees  and   salaries  of   officers  of.     [Stats.   1873-4,   p.   610. 
Repealed  by  County   Government   Acts,   see  1S97,   506,   sec.   161. 
ACT    3489. 

Fees   and    salaries   of    officers   of.     [Stats.    1875-6,   p.    35. 

Amended   1875-6,   363;     1S77-8,    2SS. 

"Repealed  as  to  salaries  by  County  Government  Act,  see  1897,  50t 
sec.  161;  and  as  to  fees  by  the  fee  bill  of  1S95,  267,  as  to  the  officer 
therein    provided    for." — Code    Commissioners'    Note. 

ACT    3490. 

Eecorder   of,   fees   of.     [Stats.    1873-4,    p.    230.] 
Repealed   by   the  fee   bill  of  1895,   267. 

ACT    3491. 

Legalizing    certain    records    of.      [Stats.    1861,    p.    507.] 
ACT   3492. 

Concerning    Spanish    records    in.      [Stats.    1S63,    p.    11.] 

This  act  authorized  the  translation  Into  English  of  the  Spanis 
records. 

ACT    3493. 

Concerning  the  county  records  of.     [Stats.   1869-70,  p.   779. 

This   act  provided   for  the  transcribing  of  the  records. 
ACT    3494. 

Complete   records  in,  providing  for  the  keeping  of.      [Stats 
1873-4,    p.    231.] 


43  SANTA    CRUZ    CITY.  Acts  3495-3506 

Superseded  by  County   Government   Act,    1S97,   4S4,   sees.   120,    121,   as 
recorders    only. 

CT  3495. 

Roads   and    highways.      [Stats.    1873-4,   p.    453.] 

Amended   1S75-6,    167,    606. 

"Unconstitutional     as     to     condemnation  proceedings.     (Weber     v. 

inta  Clara,  59  Cal.  265.)  Repealed  1SS3,  5,  chap.  X,  sec.  2."— Code 
ommissioners'    Note. 

.CT  3496. 

ublic    roads    in,    protection    of.     [Stats.     1875-6,    p.    250.] 
Repealed   1877-8,   298. 

.CT  3497. 

roviding   for   opening   of    Santa    Clara    and    Saratoga    ave- 
nues.     [Stats.   1871-2,   p.   415.] 

Repealed    1S73-4,     556.    Unconstitutional    Williams    v.     Corcoran,     46 
al.   553. 
Cal.    Rep.    Cit.    46,   555. 

lCT  3498. 

anta  Clara  Avenue,  providing  for  opening  and  improving. 
[Stats.    1871,    2,    p.    370.] 
Amended   1873-4,    538.     Repealed   1877-8,    291. 
Cal.    Rep.    Cit.     141,    662;     141,    663. 

lCT   3499. 

Concerning  streams  in.     [Stats.  1871-2,  p.  652.] 

Amended  1877-8,  293.  Superseded  by  subd.  41,  sec.  25,  and  by  sec. 
!,    County    Government    Act,    1897,    467,    473. 

This    act    gave    the    supervisors    certain    powers    over    unnavigable 

;rearas. 


TITLE  429. 
SANTA   CRUZ    CITY. 
LCT    3504. 

Reincorporating.      [Stats.     1875-6,    p.     189.] 
Supplemented  1877-8,  870. 
Cal.   Rep.    Cit.    60,   68. 

ICT   3505. 

?o   incorporate,   amending  and   supplementing  act   of  March 
31,    1866.      [Stats.    1871-2,    p.    471.] 

Superseded   1875-6,   1S9. 

U3T   3506. 

[saac  E.  Davis  and   Henry  Cowell   authorized   to   lay  water 
pipes    in.      [Stats.    1873-4,    p.    229. j 


Act!  Jill-3520  SANTA    CRUZ    COUNTY.  U4I 

TITLE  430. 

sa.\t\    CBUZ    COUNTT. 

ACT  3511. 

To  provide  a  sufficient   number  of  deputies  for  the  count}' 

1877-8,    p.    958.] 
ff«p— .led    hy    County   Government   Acta.    »e«   1*97,    *51. 

ACT   3512. 

In   relation  to  office  of  district  attorney  of.      [Stats.   1871-2, 

p.    440.] 

,•.1   by  County   Government   Act,   1897,   623,   »ec.   171. 

ACT  3513. 

and  salaries  of  officers  of.      [Stats.  1875-6,  p.  576.] 
hied   by   County   Government   Act*.   ae«  1897,   623,   sec.    171. 

ACT   3514. 

Juries  in  justices'  courts  and  witnesses  in  courts  of  record. 
[Stat*   1877-8,  p,  56*,] 

Repealed   by   fee  bill  of   IS.*,   27J. 

ACT  3515. 

Public    and    private    roads   in.     [Stats.    1875-6,    p.    611.] 

lied    1883,   6,    chap.    X.   sic.   1. 

ACT    3516. 

Authorizing    condemnation    of     lands     for    road    purposes. 
[Btal  .  p.  397.] 

US   of   Funds.    4,    7,    and   37   of 

nty   Goveniiiunt  Act.    Im/7,    *,7."— Code   Commissioners'    Note. 

ACT   3517. 

To  regulate  fees  of  sheriff.      [Stats.  1871-2,  p.  331.] 

l.y    fee    bill.    189i. 

ACT  3518. 

Supervisors,  duties  nn.l  salaries  of.     [Stats.   1S77-8,  p.  155.) 

l.y    Ooont]  t    AcU,    see     . 

ACT    3519. 

Supervisors,    ehange    of    line   of   Santa    Cruz    Railroad    Com- 
pany.     [Stats.    1875-6,   p.   725.] 
ACT    3520. 

.nty   survivor  of.      [Stats.    1875-6,   p.   31.] 
Tli  Is  .it   ii\.  I   the  fees  and  compensation   of  the  surveyor 


1144a  SANTA    MONICA— SCHOOL    OF    REFORM.     Acts  3525-3S33 

TITLE  431. 
SANTA  MONICA. 
ACT   3525. 

Sea    gulls,    protection    of.     [Stats.    1875-6,    p.    287.] 

This    act    prohibited    the   killing   of    gulls   within    five    miles   of   Uw 
town. 

This  act  appears  in  full  in  Penal  Code,  Appendix,  p.  609. 


TITLE  432. 
SANTA    ROSA. 
ACT  3529. 

Charter  of.     [Stats.  1903,  p.  703.] 
A  new  charter  was  adopted  in  1905,   Stats.  1905,  p.  867. 
Cal.    Rep.    Cit.    142,    301. 

ACT   3530. 

Reincorporating.     [Stats.  1871-2,  p.  628.] 

Amended    1873-4,    378.     Entire   act    amended    1875-6,    251. 
Cal.    Rep.    Cit.    138,    152. 

Compare  on   the  point  of  municipal  election  contests  sec.   1111,   Coda 
Civ.   Proc.,   and  see   Carter   v.    Superior   Court,   70  Pac.    1067. 

ACT   3531. 

Reincorporating.      [Stats.     1875-6,    p.     251.] 
Cal.    Rep.    Cit.     125,    121;     138,   152. 

ACT    3532. 

Altering   and   defining   limits    of.      [Stats.    1869-70,    p.    473.] 

ACT    3533. 

Board   of   education   of,   powers   and   duties   of,   establishing 
and    defining.     [Stats.    1875-6,   p.   514.] 


SCHOOL   LANDS. 
See  Public  Lands,   ante. 


SCHOOL   OF  INDUSTRY. 

See  Preston  School  of  Industry,    ante. 


SCHOOL   OF    REFORM. 
See  Whittier  State  School,   post. 


Acts  3 


ACT  3534. 


SCHOOLS. 

TITLE  433. 
8CH<  i 


An  art    to   provide  for  orrtain   UBproT<  meats:  and  repairs  to 
th<    ■  rmaJ  School  nt  San  Jose  and  making  an  ap- 

propriation  tin  refor. 

[AppTOVi  ■!    Juno    14,    1906.] 

The  people  of  tli'  California,  represented  in  senate 

nobly,  do  follow*! 

•  n    I.     T!i>    Bum  of  twenty-nine  thousand  doflai 

isary,   is  hereby  appropriated 
"i! t  of  any  money  in  tl  iry  no!  otherwise  appro- 

priated, to  be  paid  tn  the  order  of  the  board  of  ti 
tin    -  pmttl  School  al  for  the  purpose  of  re- 

pair ting   and   equipping  such   buildings   as   may   be 

fl<  •  me<3  expi  di<  nt  by  the  board  of  trusti  i  b  of  Baid  school  and 

■ 

riptiona,  lulls  of  material,  - 
cati  ssary,  requisite,  proper  or  eonven- 

for   any   of    the    purposes   aforesaid   shall    receive   the 

majority   of   the    tl  I    the   State    Normal 

Scho  ■  d   "f  tho  stat.    board   of  examiners. 

\n.|  this  act  Bhall  be  exempt  from  the  provisions  of  th< 
of    the    legislature    approved    biareh    23,    1876,    relating    bo 
erections   of   buildings,   and    all   other   arts   supplemental   of 
i  mendatory   thu 

Sec.  3.     Ti..   controller  •  hereby  directed  to  draw 

•iits   in   favor  of  the  said   board  of  trustees  of  the 
Norma]   School  al   San  Jose   in  the  amount  herein  ap- 
propriated   and    the    state    treasurer    is    hen  |,y    directed    to 
pay  the  Bame. 

.    L      This   act    shall   take    .Hi  .t   immediately. 

ACT    3535. 

An  act  tu  provide  for  the  purchase  of  a  Bite,  for  the  erec- 
tion, equipmi  nt.  and  furnishing  of  a  building  or  build* 
inurs.  and  for  the  improvement  of  grounds,  for  the  use 
oi  thi  San  Prancisco  8tate  Normal  School;  and  makinf 
an  appropriation  therefor.  [Approved  March  3,  1905. 
15,  p.  38.] 


UMo  SCHOOLS.  Act  3536,  §  §  I.  2 

ACT    3536. 

An  act  to  provide  for  the  registration  of  bonds  issued  by 
common  school,  high '  school,  or  union  high  school  dis- 
tricts. 

[Approved    March    18,    1905.     Stata.    1905,    p.    123.] 

Section  1.  Whenever  the  owner  of  any  coupon  bond,  or  of 
any  bond  payable  to  bearer,  already  issued  or  hereafter  is- 
sued by  any  common  school,  high  school,  or  union  high 
school  districts  now  or  hereafter  existing  in  this  state, 
shall  present  any  such  bond  to  the  treasurer  or  other  officer 
of  the  county  in  which  said  district  is  located,  who  by  law 
performs  the  duties  of  treasurer,  with  a  request  for  the 
conversion  of  such  bond  into  a  registered  bond,  such  treas- 
urer, or  such  other  officer,  shall  cut  off  and  cancel  the  cou- 
pons of  any  such  coupon  bond  so  presented,  and  shall 
stamp,  print  or  write,  upon  such  coupon  bond,  or  such  other 
bond  payable  to  bearer,  so  presented,  either  upon  the  back 
or  upon  the  face  thereof,  as  may  be  convenient,  a  state- 
ment to  the  effect  that  the  said  bond  is  registered  in  the 
name  of  the  owner,  and  that  thereafter  the  interest  and 
principal  of  said  bond  are  payable  to  the  registered  owner. 
Thereafter,  and  from  time  to  time  any  such  bond  may  ba 
transferred  by  such  registered  owner  in  person,  or  by  at- 
torney duly  authorized  on  presentation  of  -such  bond  to 
such  treasurer,  or  such  other  officer,  and  the  bond  be  again 
registered  as  before,  a  similar  statement  being  stamped, 
printed,  or  written  thereon.  Such  statement  stamped, 
printed,  or  written  upon  such  bond  may  be  in  substantially 
the  following  form: 

(Date,  giving,  month,  year,  and  day.) 

This  bond  is  registered     pursuant   to   the  statute  in  such 

cases  made  and  provided  in  the  name  of   

(here  insert  name  of  owner)   and  the  interest  and  principal 
thereof  are  hereafter  payable  to  such  owner. 


Treasurer  (or  such  other  officer). 
After  any  bond  shall  have  been  registered  as  aforesaid, 
the  principal  and  interest  of  such  bond  shal  be  payable  to 
the  registered  owner.  Such  treasurer  or.  such  other  officer, 
shall  keep  in  his  office  a  book  or  books  which  shall  at  all 
times  show  what  bonds  are  registered  and  in  whose  names 
respectively. 

Sec.  2.     Whenever  under  any  statute  or  law  of  this  state 
any  bonds   are   issued,  whether   the   proceedings  for   the  is- 


Acts  3537-35*1  SCHOOLS.  Ili4<3 

Buance  of  such  bonds  have  been  had  in  whole  or  in  part 
prior  to  the  enactment  of  this  statute,  or  whether  the  same 
have  been  had  in  whole  or  in  part  aftor  the  enactment  of 
this  statute,  such  bonds  may  be  issued  cither  in  the  form 
of  coupon  bonds,  or  in  the  form  of  registered  bonds,  or 
some  in  the  form  of  coupon  bonds,  ami  some  in  tlir>  form 
of  registered  bonds,  as  has  been  or  hereafter  may  be  pro- 
vided in  the  proceedings  for  the  issuance  of  such  bon.ls, 
and  notwithstanding  any  language  or  provision  to  the  con- 
trary contained  in  any  such  statute  authorizing  the  issuance 
Of  the  bonds,  or  in  any  other  law  of  the  state.  The  provi- 
sions of  section  one  of  this  act  shall  apply  to  coupon  bonds, 
so  issued,  as  well  as  to  other  coupon  bonds,  or  other  bonds 
payable  to  bearer. 

ACT  3537. 

An   act   confirming  the  organization  of  school  districts. 
[Approved  March  18,  1905.     Stats.  1905,  p.  243.] 

Section  1.  All  school  districts  in  this  state  that  for  a 
period  of  five  (5)  years  have  been  acting  as  school  districts 
under  the  laws  of  this  state,  are  hereby  declared  to  be  duly 
incorporated  and  to  be  bodies  politic  under  the  laws  of  this 
state,  and  as  such  school  districts,  under  their  appropriate 
names,  shall  have  all  the  rights  and  privileges  and  be  sub- 
jected to  all  of  the  duti  a  and  obligations  of  duly  incor- 
porated school   districts. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT   3538. 

Putah    school    district    and    Yolo    school    district,    union    of. 

[Stats.   1873-4,   p.   350.] 
ACT    3539. 

Siskiyou,  Modoc,  and  Sonoma  counties,  apportioning  school 
moneys   in,   manner  of.     [Stats.    1873-4,   p.   896.] 
Amended   1875-6,   83.    Superseded   by   Political   Code,   sees.   1543,    185S.     '. 

ACT  3540. 

Wood's  Island,  in  Sacramento  County,  annexed  to  Rio  Vista 

school    district    in    Solano    County,   for   school   purposes. 

[Stats.   1S75-6,  p.   32.] 

ACT    3541. 

Grass     Valley    school    district,    board    of    education,    estab- 
lishing and  defining  powers  of.     [Stats.  1875-6,  p.  233.] 


1143  SCHOOLS.  Acts  3542-35VJ 

ACT  3542. 

School  moneys,   distribution  of  in   certain  counties.      [Stats. 
1875-6,  p.  332.] 

This    act    related  to    Fresno,    Contra    Costa,  Shasta,     and    Lassen 

counties.     Repealed    as  to    Fresno    County,    1S77-8.  782.     Repealed    as    to 

Contra    Costa    County,  1S77-8,    182.     Superseded    by  Political    Code,    sec. 
1858. 

ACT    3543. 

Consolidating      Rattlesnake      school      district      with      Wild 

Goose    school    district,    in    El    Dorado    County.     [Stats. 

1875-6,  p.  801.] 

ACT     3544. 

Millville   school   district,   Shasta   County,   an   act   concerning 
census   of.      [Stats.   1875-6,   p.   817.] 
Superseded   by   Political   Code,    sec.    1617,    subd.    16,    and   sec.    1634. 

ACT  3545. 

Setting  off  southwestern  portion  of  Sutter  Island,  in  Sac- 
ramento County,  from  Onisbo  school  district,  to  Slough 
school  district  for  school  purposes.  [Stats.  1877-8,  p. 
591.] 

ACT   3546. 

Scott 's  Valley  school  district,  Siskiyou  County,  author- 
izing trustees  of  to  borrow  money  for  school  purposes. 
[Stats.  1877-8,  p.  593.] 

ACT    3547. 

Court-house  school   district,  Sonoma  County,  to  re-establish. 
[Stats.    1877-8,    p.    752.] 

ACT  3548. 

To   attach  a  portion  of  Kings  River  Switch  school   district 

to     Kingsbury     school     district,     in     Fresno      County. 

[Stats.  1877-8,  p.  1010.] 

ACT  3540. 

For    the     establishment   of    high    schools.     [Stats.    1891,   p. 

182.] 

Cal.    Rep.    Cit.     101,    656;     102,   470;  112,    317;     124,   696;     129,    602;   140,    557; 

140,    558;     140.    559;     140,    560;     140,  S61. 

Unconstitutional.    (McCabe    v.  Carpenter,    102    Cal.    469.)    Repealed 
1803.    276. 


la,  §  1  SCHOOLS. 

ACT   3550. 

Kzing    tin'    establishment    of    high    schools    in    Jncorpo 
rated    cities,    and    providing    for    the    mainl   nance    and 
support  of  such  schools.      [Stats.    1901,  ji.  299.] 

ACT  3551. 

To    authorize    the     establishment    of     county     high    schools, 
and  provide  for  their  support,     [ytais.  1891,  p.  57. J 

Ri  | 

ACT    3552. 

An  act  relative  to  the  meeting  place  of  high  school  boards 

within  municipal  corporations. 
[Became    n    law    under    constitutional    provision     without 

govi  rnor's    approval,    March    15,    1901.     Stats.    1001,    p. 

296.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

on  1.  W  here  high  schools  are  situated  within  the 
limits  of  a  municipal  corporation,  the  meetings  of  the 
high  school  board  may  l>c  held  at  the  high  school  build- 
ing, or  at  the  meeting-place  provided  for  i!.'  board  of  edu- 
cation of  such  municipal  corporation,  as  shall  be  deter- 
mined  by  resolution  adopted  by  said  high  school  board. 
Bee.  2,     This  act  shall  take  effect  immediately. 

ACT    3553. 

An   act   creatine:  a  fund   for  the  benefit  and  support  of  high 

schools   and    providing   for   its   distribution,      [Approved 

March   2,    i  :•"::.     Stats.    1905,  p.  64.] 

aled    laoa.   62.     See   post.    Act  3552a. 

ACT  3553a. 

An   act   creating  a  fund  for  the  benefit  and  support  of  high 
schools    ami    providing    for    its    distribution,    and    repeal- 
ing  an    act    entitled    ''An    act    creating    a   fund     for     the 
benefit    and   support  of  high  schools,  ami   providing 
its  distribution,"  approved   March   2,  1903.     [Approved 

March    6,    HID.,.      Stats.    1965,    p.   58.  ] 

The   people    of  the  State  of  California,  represented  in  senate 
and   assembly,   do  ena<  t    as  follows: 
Section  1.     [Tax  levy  for  support  of  high  schools — Duty  of 
controller.]      There    is    hereby    levied    annually    lor    the    litty- 


1147  SCHOOLS.  Act  3353a,  §  §  'J-5 

fifth  and  fifty-sixth  fseal  years,  ending  respectively  June 
thirtieth,  nineteen  hundred  and  four,  and  June  thirtieth, 
nineteen  hundred  and  five,  an  ad  valorem  tax  of  one  an  one 
half  cents  upon  every  hundred  dollars  of  the  value  of  the 
taxable  property  of  the  state,  which  tax  shall  be  collected  by 
the  several  officers  charged  with  the  collection  of  state  taxes, 
in  the  same  manner  and  at  the  same  time  as  other  state  taxes 
are  collected,  upon  all  and  any  class  of  property,  which  tax  is 
for  the  support  of  regularly  established  high  schools  of  the 
state.  And  it  is  further  enacted  that,  beginning  with  the 
fifty-seventh  fiscal  year,  to  wit:  July  first,  nineteen  hundred 
and  five,  it  shall  be  the  duty  of  the  state  controller,  annually, 
between  the  tenth  day  of  August  and  the  first  day  of  Sep- 
tember, at  the  time  that  he  is  required  to  estimate  the 
amount  necessary  for  other  school  taxes,  to  estimate  the 
amount  necessary  to  be  levied  for  the  support  of  high  schools. 
This  amount  he  shall  estimate  by  determining  the  amount 
required  at  fifteen  dollars  per  pupil  in  average  daily  at- 
tendance in  all  the  duly  established  high  schools  of  the  state 
for  the  last  preceding  school  year,  as  certified  to  him  by  the 
state  superintendent  of  public  instruction.  This  amount 
the  state  controller,  between  the  dates  above  given,  must 
certify  to  the  state  board  of  equalization. 

Sec.  2.  [Duty  of  board  of  equalization.]  The  state  board 
of  equalization  at  the  time  when  it  annually  determines  and 
fixes  the  rate  of  state  taxes  to  be  collected,  must  declare 
the  levy  and  the  rate  of  tax  for  the  support  of  state  high 
schools  in  conformity  with  the  provisions  of  section  one  of 
this  act. 

Sec.  3.  [Money  paid  into  state  treasury.]  The  money  col- 
lected as  provided  in  sections  one  and  two  hereof,  after  de- 
ducting the  proportionate  share  of  expenses  of  collecting  the 
same  to  which  other  taxes  are  subject,  must  be  paid  into 
the  state  treasury,  to  be  by  the  state  treasurer  converted  into 
a  separate  fund,  hereby  created,  to  be  called  the  "State 
High  School  Fund." 

Sec.  4.  [Apportionment  without  reference  to  fiscal  years.] 
The  money  paid  into  the  state  high  school  fund  is  hereby 
appropriated  without  reference  to  fiscal  years  for  the  use  and 
support  of  regularly  established  state  high  schools  and  is 
exempt  from  the  provisions  of  part  three,  title  one,  article 
eighteen,  of  an  act  entitled  "An  act  to  establish  a  Political 
Code,"  approved  March  twelfth,  eighteen  hundred  and  sev- 
enty-two, relating  to   the  state  board  of  examiners. 

Sec.  5.  The  money  in  said  state  high  school  fund  shall  be 
apportioned   to   the   high   schools   of   the   state   by    the   state 


3a,  §  t  SCHOOLS.  1148 

superintendent  of  public  instruction  in  the  following  man- 
ner: He  shall  apportion  one  third  of  the  annual  amount 
among  the  county,  district,  city,  union,  or  joint  union  high 
"Is  of  the  state,  imspective  of  the  number  of  pupilfl 
enrolled    or  in  daily    attendance    therein,    except   as 

hereinafter  provided;  the  remaining  two  thirds  of  the  an- 
nual amount  In  shall  apportion  among  such  schools  pro  rata 
;_r<  daily  attendance  as  shown  by  the 
Official  reports  of  the  county,  or  city  and  county  school 
superintendents  for  the  last  preceding  school  year;  provided, 
thai  sii.li  high  b<  -Imi.iU  have  I.,  in  organised  under  the  law 
of  the  state,  or   have  Del  n  recognized  as  existing  under  the 

high  scl I  laws  of  the  state  and  have  maintained  the  grade 

of    inst ruction    required    by    law   of   the    high    schools;    and 

ided,  the  i  shall  be  eligible  to  a  share  of  said 

;ml  that  has  not  during  the  last  preceding 

ar  employed  at  leasl   two  regularly  certificated  high 

il  teachers  for  a  period  of  not  less  than  one  hundred  and 
eighty  days  with  not  less  than  twenty  pupils  in  average 
daily  attendance  for  such  length  of  time,  except  in  newly 
establish  shoola  wherein  the  minimum  average  daily 

year  of  one  hundred  and  eighty 
days  may  be  bul  twelve  pupils  and  but  one  teacher;  and  pro- 
vided, that  I  Qg  state  .  i  school  shall 
furnish  satisfactory  evidence  to  the  superintendent  of  pub- 
lic instruction  of  the  |  r  BOnably  good  equip- 
ment of  building,  laboratory,  and  library,  and  of  having 
maintained,  during  the  preceding  school  year,  proper  high 
school    instruction    for   a   t<  rin    of   at   least  one   hundred  and 

y  days;   provided  further,  that  the  foregoing  provisions 

ting  to  the  average  daily  attendance  and  the  number  of 

teach*  rs    employed    shall    not    apply   in    any   case   where   by 

n  of  conflagration  or  other  public  calamity  it  shall  be, 
or  has  1».  «  n,  impossible  or  impracticable  to  have  or  to  hold 
sell  iol  in  any  BChool  or  school  district  so  affected,  for  a 
period  of  one  hundred  and  eighty  days  or  to  have  an  aver- 
age  daily  attendance  of  not  leas  than  twenty  pupils. 
[Amendment  approved  June  14,  1906.  In  effect  imme- 
diately.] 

Si  c  i).  |  Principal  to  make  annual  report — What  report 
must  show.]  The  principal  of  every  high  school  entitled  to 
Btate  aid  in  accord  with  the  foregoing  provisions  shall  annu- 
ally at  tin  (lose  of  the  term  and  prior  to  receiving  his  last 
month's  salary  and  as  a  prerequisite  for  such  salary  make 
out  under  oath  and  deliver  to  the  county  superintendent  of 
tin  county  or  city  and  county  wherein  such  high  school  is 
Bituated   a  full   and   complete  report  of  said  high  school  tor 


1149  SCHOOLS.  Acts  3553a,  §§  7-9 

the  entire  term  or  school  year;  such  report  to  show  the 
number  of  pupils  enrolled,  the  average  daily  attendance, 
number  of  teachers  regularly  employed,  the  courses  of  in- 
struction pursued,  and  such  other  information  as  may  be 
required  by  the  superintendent  of  public  instruction  and 
the  county  superintendent  of  schools,  the  said  report  to  be 
made  upon  blrnks  furnished  by  said  superintendent  of  pub- 
lic instruction  as  other  school  report  blanks  are  furnished; 
provided,  that  in  the  case  of  joint  union  high  school  dis- 
tricts the  principals  thereof  shall  report  as  above  required 
to  county  superintendents  of  each  of  the  counties  having 
territory  within  such  joint  union  high  school  districts,  and 
in  such  reports  the  statistics  of  attendance  and  other  data 
for  each   county  separately  and   collectively  shall  be  given. 

Sec.  7.  [County  superintendent  to  report  annually.]  The 
county  superintendent  of  every  county,  or  city  and  county, 
wherein  is  located  a  high  school,  or  the  building  or  build- 
ings of  a  joint  union  high  school,  shall  annually,  at  the  time 
required  for  making  reports  of  primary  and  grammar  schools, 
make  report  under  oath  to  the  superintendent  of  public  in- 
struction, showing  the  number  of  pupils  enrolled,  average 
daily  attendance,  number  of  teachers  regularly  employed,  and 
such  other  information  regarding  the  high  schools  of  his 
county,  or  city  and  county,  as  he  may  deem  proper,  or  as  may 
be  required  by  the  superintendent  of  public  instruction;  said 
report  to  be  made  upon  blanks  furnished  by  the  superin- 
tendent of  public  instruction. 

Sec.  8.  [Eequisitions  against  fund.]  It  shall  be  the  duty 
of  the  county  or  city  and  county  superintendent-  of  schools 
of  every  county,  or  city  and  county,  wherein  is  located  a 
high  school,  or  the  building  or  buildings  of  a  joint  union 
high  school,  on  the  order  of  the  board  of  trustees  of  such  high 
school,  to  draw  his  requisition  upon  the  county  auditor 
against  the  funds  of  such  high  school,  but  no  requisition 
shall  be  drawn  unless  the  money  is  in  the  fund  to  pay  it, 
and  no  requisition  shall  be  drawn  upon  the  order  of  the 
board  of  high  school  trustees  or  board  of  education  against 
the  state  high  school  fund,  except  for  teachers'  salaries, 
and  the  order  shall  state  the  monthly  salary  of  the  teacher, 
and  name  the  month  or  months  for  which  such  salary  is  due. 
Upon  the  receipt  of  such  requisition  the  auditor  shall  draw 
his  warrant  upon  the  county  treasurer  in  favor  of  the  par- 
ties for  the  amount  stated  in  such  requisition,  and  the  county 
treasurer  is  hereby  authorized  to  pay  the  same. 

Sec.  9.  [Condition  of  state  aid — Non-resident  pupils.] 
High  schools  eligible  to  receive  state  aid  as  herein  provided 


Act  S653,   §§  10,  11  SCHOOLS.  1150 

shall  admit  as  students  only  such  pupils  as  have  completed 
the  full  course  of  instruction  prescribed  for  the  primary  and 

grammar  schools  of  tin-  county,  city  or  city  and  cor.nly 
Wherein  the  high  school  is  located,  or  an  equivalent  course, 
or  such  jut pils  as  may  show  by  thorough  examination  that 
their  qualifications  arc  equivalent  to  the  requirements  for 
graduation    from    said    primary    and    grammar    school    course; 

provided,    that    pupils   otherwise   qualified    to    enter   a    high 

school  atol  residing  in  territory  wherein  no  hi^l)  school 
exists  shall  have  the  right  to  attend  any  high  school  that 
receives   si  onder  the  provisions  of  this  act   without 

the    payment     of    tuition    fee,    if    such    schools    have    room    or 

accommodations  for  them;  further  provided,  that  after  July 

1,  1905,  a  non-resident  pupil  shall,  in  the  discretion  of  the 
high  school  board  of  the  high  school  district  where  he  at- 
tends, be  rt  quired  to  pay  a  tuition  fee  to  such  school  equal 
to  the  difference  between  the  cost  per  pupil  for  main- 
tenance of  such  high  school  and  the  amount  per  pupil  re- 
ceived   during    that    school    year    by    such    high    school    from 

the    state. 

in.  |  Duty  of  state  controller.]  The  state  controller 
must  keep  a  separate  account  of  the  high  school  fund  raised 
as  provided  in  sections  one  and  two  of  this  act.      He  must  on 

the  tirst  Monday  in  January  and  on  the  first  Monday  in 
July  in  every  year  report  to  the  superintendent  of  public 
instruction  a  statement  of  all  moneys  belonging  to  the  state 

high  school  fun. I.  lie  must  draw  ins  warrant  on  the  state 
treasurer  in  favor  of  any  county  or  city  and  county  treas- 
urer whenever  such  treasurer  presents,  with  his  indorsement, 

an  order  drawn  by  the  superintendent  of  public  instruction 
against    the    state    high    school    fund,    atol    the    state    treasurer 

is  hereby  authorised  to  pay  the  same;  provided,  that  in  the 

Of  counties  having  joint  union  high  school  districts 
the  order  of  the  su  i  uTi  n  t  .■  n  d  en  t  of  puldie  instruction  and  the 
warrant  of  the  state  controller  shall  he  in  favor  of  t  he 
count  v  treasurer  of  that  county  wherein  the  high  school 
building  or  buildings  are  located  or  Wherein  the  high  school 
is  being  conducted. 

See.  11.  [Duty  of  county  treasurer.]  It  is  hereby  made 
the  duty  of  the  treasurer  of  every  county,  or  city  and  coun- 
ty    that    receives    state    money    under    the    provisions    of    this 

aVt  to  place  the  same  to  the"  credit  of  the  funds  of  the  re- 
spective high  schools  of  his  county,  or  city  and  county,  in 
accord  with  the  apportionment   made  by  the  super 

of    public    instruction,   and    to    pay   Out    the   sane 
the    provisions  of   section   eight    of   this   act. 


1151  SCHOOLS.  Acts  3554-3560 

Sec.  12.  [Eepeal  of  act  of  1903.]  The  act  entitled  "An 
act  creating  a  fund  for  the  benefit  and  support  of  high 
schools  and  providing  for  its  distribution,"  approved  March 
2,  1903,  is  hereby  repealed. 

Sec.  13.  This  act  shall  take  effect  and  be  in  force  from 
and  after  July  1,  1905. 

ACT  3554. 

Establishing    a   branch    state    normal    school.      [Stats.    1883, 
p.  89.] 
This  act   established  a  branch  in  Los  Angeles  County. 

ACT   3555. 

To    establish    a    branch    state    normal    school    in    northern 

California.      [Stats.    1887,   p.    60.] 
ACT  3556. 

Establishing   a   state    normal    school   in    San    Diego    County. 

[Stats.    1897,    p."  114.J 
ACT  3557. 

To  establish  a  state  normal  school  in  San  Francisco. 
[Stats.    1899,   p.    177.] 

ACT  3558. 

To  authorize  and  empower  the  trustees  of  the  state  normal 
school  at  San  Jose  to  reconvey  to  the  city  of  San  Jose 
a  parcel  of  land  situate  in  said  city  and  belonging  to 
the  state  of  California,  to  the  said  city  of  San  Jose,  for 
the  purpose  of  erecting  and  maintaining  a  free  pub- 
lic librarv  upon  said  parcel  of  land.  [Approved  March 
23,  1901."    Stats.   1901,  p.  575.] 

ACT  3559. 

Text-books  in  public  schools,  preventing  change  in.      [Stats. 
1875-6,    p.    1.] 

Repealed  1SS0,  42,  and  by  sec.  7,  art.   IX,   of  the  constitution.     (Peo- 
ple v.   Board  of  Education,   55   Cal.   331.) 

ACT  3560. 

To  provide  for  the  care  and  security  of  the  state  series 
of  school  text-books,  by  the  erection  of  a  fire-proof 
warehouse  to  be  used  for  the  storage  of  the  same,  au- 
thorizing the  appointment  of  a  storekeeper  to  have 
the  care  and  custody  of  said  text-books,  and  appro- 
priating  money    to   pay    the    expenses   of    erecting   said 


;,  §  1  SCHOOLS.  UK 

warehouse.       [Approved  March  15,  1887.       Stats.  18S7, 

p.   131.] 

Ten   thousand   dollafa   was  appropriated   for   the   purposes  Indicated. 

ACT  3561. 

An  act  to  provide  fur  compiling,  illustrating,  eloctrotyping, 
printing,  binding,  'for.  and  distributing  certain 

books   of  PS.  of   s.  hool    text-books,    and    ap- 

propriai  ing  mom  y  ther<  for. 

[Approved    March    15,    L887  -     L837,    139J 

Defining;  additional   books  for  compilation. 

ton  1.  Tn  addition  to  the  hooks  directed  to  ho  com- 
piled for  use  in  the  common  schools  of  the  Btate  by  sec- 
tion one  of  the  act  entitled  An  act  to  provide  for  com- 
piling, illustrating,  electrotyping,  printing,  binding,  copy- 
righting, and  distributing  :i  >  a  of  school  ' 
books,  and  appropriating  money  therefor,  approved  Feb- 
ruary twenty  hundred  and  eighty-fiye,  the 
state  board  of  education  shall  compile,  or  cause  to  be 
compiled  the  following  described  text-books,  viz.:  One 
(1)  elementary  arithm  |  1 )  elementary  grammar, 
or  langu  •ne  (1)  elementary  geography;  one 
(1)  physiology  and  hygiene,  inelud  of  gym- 
nastic ea  to  the  nature 
of  alcoholic  drinks  and  narcotics,  and  their  effects  upon 
the  human  Bystem;  and  the  sum  of  fifteen  thousand  dol- 
lars, in  addition  to  the  unexpended  balance  of  the  sum 
appropriated    by    section    eight    of    said    act  I,    is 

hereby  appropriated  out  of  any  money  in  the  state  tre: ig 
not  otherwise  appropriated,  for  the  purpose  of  compiling, 
or  causing  to  he  compiled,  the  text  hooks  hert  inbefore 
enumerated,  together  with  those  enumerated  in  section  one 
of  said  act  aforesaid,  and  still  remaining  to  he  compiled. 
The  appropriation  provided  for  in  this  section  shall  be 
subject  to  the  order  of  the  state  board  of  education;  pro- 
vided, that  all  demands  a^in^r  said  appropriation  shall 
first  be  approved  by  said  Btate  l>o:ird  of  education,  and  pre- 
sented to  the  state  board  of  examiners,  in  itemised  form, 
for  their  approval;  and  upon  the  approval  of  the  --• 
board     of     examiners,    the     controller    is    hereby    authorized 


1153  SCHOOLS.  Act  3561,  §  §  2,  3 

to   draw  his   warrant  upon  the   state   treasurer  for  the  pay- 
ment of  said  demands,  and  the  state  treasurer  is  authorized 
to  pay  the  same- 
Remuneration   for   compiling  books. 

Sec.  2.  The  state  board  of  education  shall  employ  well- 
qualified  persons  to  compile  the  books  mentioned  in  sec- 
tion one  of  this  act,  and  shall  fix  the  remuneration  for 
the  services  thus  rendered;  provided,  that  if  competent 
authors  shall  compile  any  one  or  more  works  o.t  the  first 
order  of  excellence,  and  shall  offer  the  same  as  a  free  gift 
to  the  people  of  the  state,  together  with  the  copyright  of 
the  same,  and  the  exclusive  riglit  to  manufacture  and 
sell  such  works  within  the  state  of  California,  it  shall  be 
the  duty  oi  the  state  board  of  education  to  accept  such  gift, 
and  to  expend  no  money  for  the  purpose  of  compiling 
works  relating  to  the  subjects  treated  of  in  the  books 
thus  donated.  The  state  board  of  education  shall  fur- 
nish to  the  superintendent  of  state  printing  designs  for 
all  cuts  and  engravings  to  be  used  in  the  said  series  of 
text-books. 

Supervision   of   superintendent   of   state   printing. 

Sec.  3.  The  printing  of  all  the  text-books  provided  for 
in  section  one  of  this  act,  and  all  the  mechanical  work 
connected  therewith,  shall  be  done  by  and  under  the  super- 
vision of  the  superintendent  of  state  printing,  at  the  state 
printing  office;  provided,  that  the  purchase  of  paper  for 
the  school  books,  and  the  cardboards,  cloth,  and  leather  for 
covers,  shall  be  procured  by  advertising  for  proposals  to 
furnish  the  same  in  the  manner  now  provided  for  by  sec- 
tion five  hundred  and  thirty-two  of  the  Political  Code,  re- 
lating to  paper  supplies  for  the  state  printing  office:  and 
provided  further,  that  all  folding,  stitching,  binding,  and  rul- 
ing shall  be  done  in  the  state  bindery;  but  the  accounts  of 
the  school  book  binding  shall  be  kept  separate  from  those 
of  all  other  binding.  The  sum  of  one  hundred  and  sixty- 
five  thousand  dollars,  in  addition  to  the  unexpended  balaucc 
of  the  sum  appropriated  by  section  nine  of  said  act  afore- 
said, approved  February  twenty-sixth,  eighteen  hundred  and 
eighty-five,  seven  thousand  five  hundred  dollars  of  which 
shall  be  available  during  the  present  fiscal  year,  is  hereby 
Gen.  Laws — 73 


Act  3561,  §§  I,  5  SCH  11*4 

appropriated  out  of  any  money  in  the  stat<  treasury  not 
otherwise  appropriated,  to  purchase  the  necjessary  maehitt- 
ery,  and  to  properly  maintain  the  Bame,  ami  to  purchase  such 
type  and  other  materials  as  may  be  required  in  the  manu- 
facture of  tin-  text-books  provided  f<>r  in  section  one  of 
this    act,    together    with    those    enumerated    in    section    one 

iiil  ait  aforesaid,  approved  February  twenty-sixth,  eigh- 
teen   hundred   and   eighty-five,   and   remaining   to    lie    manu- 

ired,  :is  will  as  to  to  pay  the  salaries  or  wages  of  the 
compositors,  binders,  ami  other  persons  to  lie  employed  in 
such  manufacture;  provided,  that  the  stati  board  of  educa- 
tion shall  first  approve  the  style  of  printing,  engravings 
an.l  illustrations,  kind  of  paper,  sine,  and  binding  of  vol- 
umes; sai.l  sum  to  lie  drawn  5y  the  superintendent  of  state 
printing  in  the  same  i  mnn<  r  as  provided  in  subdivision  four 
of  section  five  hundred  and  tw.  sty-six  of  the  Political  Code. 

S.  .ure    copyrights. 

s,c.  }.  The  state  board  of  education  shall  secure  copy- 
rights to  all  the  Looks  that  shall  he  compiled  under  the 
provisions  of  this  act,  ami  shall  protect  said  Copyrights  fsOB 
all    infringement. 

Moneys  received  kept  in  state   treasury. 

5.     All   moneys   that    have    been    received     or    may 

hereafter   be    received    from    the   Btate   series    <>i    s--ho.il    ' 
books    shall    be    kept    by    the    state    treasurer    as    a    separate 
and    distinct   fund,    to   be   known    as    the   "Stat.     School    B 
Fund,"    which    said    fund    shall- be    subjeel    to    the    following 
drafts,  viz.:  By  the  superintendent  of  state  printing  for  nil 
moneys  needed  for  manufacturing  any  editions  of  any  b 

of    the    state    series,   over   and    above    tin     tirst    fifty    thousand 

copies  manufactured  of  such  book,  the  same  to  be  drawn 
as    provided    in    subdivision    four    ..f    section    live    hundred 

and  twenty-six  of  the  Political  Code;  provided,  that  all 
demands  on  the  state  school  book  fund  shall  lie  presented 
h,  ,|,,.  state  board  of  examiners  in  itemized  form,  for 
their  approval;  and  upon  the  approval  of  the  state  board 
of   cKamim  is,    the    controller   is    hereby    authorized   to   draw 


1155  SCHOOLS.  Acts  3562,  Sj«3 

his  warrant  upon  the  state  treasurer  for  the  payment  of 
said  demands,  and  the  state  treasurer  is  authorized  to  pay 
the  same. 

Sec  6.     This  act  shall  take  effect  from  and  after  its  pas- 


ACT  3562. 

An  act  to  provide  for  compiling,  illustrating,  electrotyping, 
printing,  binding,  copyrighting,  and  distributing  an 
elementary  book  on*  civil  government,  for  the  state 
series  of  school  text-books. 

[Approved   March   19,    18S9.     Stats.   1889,   p.   327. J 

Compiling,  etc.,  books  on  civil  government  of  the  United 
States. 
Section  1.  The  state  board  of  education  shall  compile, 
or  cause  to  be  compiled,  the  following  described  text-book 
for  use  in  the  common  schools  of  the  state,  viz.:  One  (1) 
elementary  book  on  the  civil  government  of  the  CFnitet] 
States,  with  a  special  analysis  oi  the  government  of  the 
state  of  California. 

Printing   of. 

Sec.  2.  The  printing  of  said  elementary  book  on  civil 
government,  provided  for  in  section  one  of  this  act,  shall 
be  done  by  and  under  the  supervision  of  the  superintendent 
of  state  printing,  subject  to  the  provisions  of  section  three 
of  an  act  entitled  An  act  to  provide  for  compiling,  illus- 
trating, electrotyping,  printing,  binding,  copyrighting,  and 
distributing  certain  books  of  a  state  series  of  school  text- 
books, and  appropriating  money  therefor,  approved  March 
fifteenth,   eighteen   hundred   and   eighty-seven. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

ACT  3563. 

An  act  to  provide  for  compiling,  illustrating,  electrotyping, 
printing,     binding,     copyrighting,     and     distributing     a 


Act  3563,  §§  1-3  SCHOOLS.  UW 

state    series    of    school     text-books,    and     appropriating 
money  therefor. 

[Approved  February  26,  1835.     Stats.  1885,  p.  6.] 
Amended  1887,   145;     1891,   453. 

Series  of  school  bonks. 

Section  1.  The  Btate  board  of  education  shall  compile, 
or  cause  tn  be  compiled,  for  use  in  the  common  schools 
Df  the  state,  a  Beriefl  of  school  text-books  of  the  following 
in,  viz.:  Three  (,T)  readers,  one  (1)  speller,  one 
CI)  arithmetic,  one  (1)  grammar,  one  (1)  history  of  the 
TTitit..!  States,  and  one  (1")  geography.  The  matter  con- 
tained in  the  renders  shall  consist  of  lessons  commencing 
with  the  simplest  expressions  of  the  language,  and,  by  a 
regular  gradation,  advancing  to  and  including  the  highest 
styles   of   composition,  both   in    prose   and   poetry. 

Compilers    of    same. 

J.  Tlir  state  board  of  education  shall  employ  well- 
qualified  persona  to  compile  the  books  mentioned  in  sec- 
tion one  of  this  act,  and  shall  fix  th  remuneration  for  the 
services  thus  rendered ;  provided,  that  if  competent  au- 
thors shall  compile  any  one  or  more  works  of  the  first 
order  of  excellence,  and  shall  offer  the  same  as  a  free 
gift    to   the  people   of  the  s*  her  with   the  copyright 

of  the  same,  and  the  exclusive  right  to  manufacture  and 
sell  such  works  within  the  state  of  California,  it  shall  be 
tlie  duty  of  the  state  board  of  education  to  accept  such  gift, 
and  to  expend  no  money  for  the  purpose  of  compiling  works 
relating  to  the  subjects  treated  of  in  the  books  thus  do- 
nated. The  state  board  of  education  shall  furnish  to  the 
superintendent  of  state  printing  designs  for  all  cuts  and 
engravings  to  be  used   in  the  said  series  of  textbooks. 

Printing    and    binding. 

Sec.  3.  The  printing  of  all  the  text-books  provided  for 
in  section  one  of  this  act,  and  all  the  mechanical  work 
connected  therewith,  shall  he  done  by  and  under  the  super- 
vision of  the   superintendent   of  state  printing  at  the  state 


1157  SCHOOLS.  Act  3563,  §§  i,  5 

printing-office;  provided,  that  the  purchase  of  paper  for 
the  school  books,  and  the  cardboards,  cloth,  and  leather 
for  covers,  shall  be  procured  by  advertising  for  proposals 
to  furnish  the  same,  in  the  manner  now  provided  for  by 
section  five  hundred  and  thirty-two  of  the  Political  Code, 
relating  to  paper  supplies  for  the  state  printing-office;  and 
provided  further,  that  when  the  state  has  its  bindery  in 
operation,  all  folding,  stitching,  binding,  and  ruling  of  the 
state  shall  be  done  in  the  state  bindery;  but  the  accounts 
of  the  school  book  binding  shall  be  kept  separate  from 
those  of  all  other  binding. 

Copyrights. 

Sec.  4.  The  state  board  of  education  shall  secure  copy- 
rights to  all  "the  books  that  shall  be  compiled  under  the 
provisions  of  this  act,  and  shall  protect  said  copyrights  from 
all   infringement. 

Order  of  uniform  use. 

Sec.  5.  Whenever  any  one  or  more  of  the  state  scrips 
of  school  text-books  shall  have  been  compiled  and  adopted, 
the  state  board  of  education  shall  issue  an  order  requiring 
the  uniform  use  of  said  book  or  books  in  the  common 
schools  of  the  state;  but  said  order  for  the  uniform  use  of 
said  book  or  books  shall  not  take  effect  till  the  expira- 
tion of  at  least  one  year  from  the  time  of  the  completion 
of  the  electrotype  plates  of  said  book  or  books,  and  there- 
after such  book  or  uooks  shall  be  used  in  all  the  common 
schools  of  this  state;  and  no  school  board  or  other  school 
authority  in  this  state  shall  have  the  power  to  authorize 
the  use  of,  nor  shall  any  common  school  in  this  stnte  use 
any  books  as  text-books  for  pupils  other  than  those  directed 
to  be  used  by  the  order  aforesaid  of  such  state  board,  ex- 
cept books  on  such  subjects  as  are  not  provided  for  by  text- 
books published  by  the  state.  Nothing  in  this  act  shall 
be  construed  to  prevent  any  county  or  school  district  from 
adopting  any  one  or  more  of  the  state  scries  of  school  text- 
books whenever  said  book  or  books  shall  have  been  pub- 
lished.    The  superintendent  of  public  instruction  must  with- 


Act  3563,  J  6  SCHOOLS.  v  11W 

hold  from  any  city,  city  and  county,  county,  or  from  any 
school  district  in  this  S*ate  using  school  books  in  violation 
of  the  provisions  of  this  art  and  section  all  state  school 
moneys  tu  which  it  may  be  entitled,  until  it  comply  with 
the  requirements  of  this  section;  and  any  moneys  so  with- 
held  must  be  apportioned  by  the  superintendent  at  the  next 
annual  apportionment  in  the  same  manniT  as  other  school 
moneys  in  the  treasury.  [Amendment  approved  March  31, 
1891.     Stats.  1891,  p.  453.] 

Text-books,  how  obtained. 

Sec.  6.  All  orders  for  text-books  shall  be  made  on  the 
Superintendent  of  public  instruction,  and  shall  be  accom- 
panied by  cash,  in  payment  foe  the  same,  at  the  price  fixed 
by  the  state  hoard  of  education  m  the  cost  fries  at  Sacra- 
mento;   provided,    that    if    the    books    are    to    be    shipped    by 

mail,    the    cost    of    postage    shall    also    a mpany    the    order. 

The  following  persons  shall  be  entitled   to  order  books: 

1.  County  superintendents  of  schools,  for  the  use  of 
tearhors,   parents,   and   pupils   in   tin  ir   counties  only. 

2.  Principals  of  state  normal  schools,  for  their  own  and 
for  the  use  of  the  pupils  in  their  respective  schools  only. 

3.  The  secretary  or  clerk  of  any  school  district  in  the 
state,  whether  incorporated  or  op.  rating  under  the  general 
law  of  the  state,  for  the  use  of  the  pupils  in  such  district 
only;  but  no  books  ordered  by  the  county  superintendents, 
or  clerks  of  district  boards  of  tn  Is  of 
state  normal  schools,  shall  be  sold  at  a  price  i  seceding  the 
cost  price  at  Sacramento,  with  the  actual  cost  of  freight  and 
cartage    added. 

4.  Any  retail  dealer  who  shall  first  transmit  to  the  state 
superintendent  of  pttbbc  instruction  an  affidavit,  duly  sub- 
scribed by  him.  in  substance  as   follows,   to   wit: 

"In  consideration   of  receiving    for  sale,   upon    the   in 
or    upon    any    future    order,    the    series    of    school    text -books, 
or  any   part    thereof,   published  by   the   state  of  California, 
I  hereby  agree  that  I  will  not  sell  the  same  to  an\    pi 
or    persons    for    the    purpose    of    being    Bold    again,    or    ts    any 


1159  SCHOOLS.  Act  3563,  J  7 

person  or  persons  beyond  the  limits  of  the  state  of  Cali- 
fornia; and  that  I  will  not  sell  said  series  of  text-books  or 
any  part  or  portion  thereof,  at  a  price  exceeding  the  price 
to  the  pupil  fixed  by  the  state  board  of  education." 

Said  affidavit  shall  be  indorsed  by  the  county  superin- 
tendent in  the  following  words,  viz.: 

"I  hereby  certify  that  (  A  B)  is  a  regular  retail  dealer  in 
school  books  in  county,  C  D,  county  superinten- 
dent. ' ' 

It  shall  be  the  duty  of  the  state  superintendent  of  public 
instruction  to  furnish,  at  once  to  each  county  superintend- 
ent, for  the  use  of  any  dealer  in  his  county  who  may  apply 
for  permission  to  sell  the  books  of  the  state  series,  printed 
copies  of  the  above  affidavit,  together  with  the  list  of 
prices  of  such  books  fixed  as  the  cost  price  at  Sacramento, 
and  the  price  to  the  pupil;  and  any  dealer  who  shall 
fail  to  comply  with  the  conditions  of  such  affidavit  shall 
forfeit  his  right  to  any  further  purchase  of  said  books 
from  the  state.  And  it  shall  be  the  duty  of  the  superintend- 
ent of  public  instruction  to  report  to  the  state  controller, 
on  or  before  the  fifth  day  of  every  month,  the  number  of 
books  sold  by  him  during  the  preceding  month,  and  pay 
the  moneys  received  for  the  same  into  the  state  treasury. 
It  shall  also  be  the  duty  of  the  superintendent  of  state 
printing,  on  or  before  the  fifth  clay  of  every  month,  to  re- 
port to  the  state  controller  the  number  and  value  of  the 
books  shipped  by  him  on  the  order  of  the  state  superin- 
tendent of  public  instruction,  and  the  number  and  value 
of  the  finished  books  on  hand.  [Amendment  approved 
March  15,  1887.  Stats.  1887,  p.  145.     In  effect  immediately.] 

Duties  of  board  of  supervisors. 

Sec.  7.  It  shall  be  the  duty  of  the  boards  of  supervisors 
of  the  counties  or  cities  and  counties  in  this  state  to  pro- 
vide a  revolving  fund,  for  the  purpose  of  enabling  the 
county  school  superintendents  to  purchase  the  state  text- 
books; all  moneys  to  be  taken  therefrom  to  be  replaced  by 
the    moneys   received    from    the    sale    of    said    books    to    the 


Act  2063,  §§  S- 10  SCHOOLS.  1160 

scholars  of  the  public  schools  of  his  county,  cither  by  him- 
self or  by  the  teachers  of  the  public  schools,  or  the  clerks 
of  boards  of  district  trustees.  [Ami  ndment  approved 
March  15,  1887.  Stats.  1887,  p.  146.  In  effect  immedi- 
ately.] 

» 
Appropri;.tion    for  compilations. 

Sec.  8.  The  sum  of  twenty  thousand  dollars  is  hereby 
Appropriated,  out  of  any  money  in  the  state  treasury  not 
otherwise  appropriated,  for  the  purpose  of  compiling,  or 
causing  to  be  compiled,  the  series  of  text-books  for  the 
common  schools,  as  set  forth  in  section  one  of  this  act. 
The  appropriation  provided  for  in  this  section  shall  be 
subject  to  the  ord«  r  of  the  state  board  of  education;  pro- 
rided,  that  all  demands  against  said  appropriation  shall 
first  be  approved  by  said  state  board  of  education  and 
presented  to  the-  state  board  of  examiners  in  itemized 
form  for  their  approval,  and  upon  the  approval  of  the 
state  board  of  examiners,  the  controller  is  hereby  author- 
ized to  draw  his  warrant  upon  the  state  treasurer  for  the 
payment  of  said  demands,  and  the  state  treasurer  is  au- 
thorized to  pay  the  same. 

Appropriation    for    presses,    type,    etc. 

Sec.  9.  The  sum  of  one  hundred  and  fifty  thousand  dol 
lars  is  hereby  appropriated  out  of  any  money  in  the  state- 
treasury  not  otherwise  appropriated,  to  purchase  the  neces- 
sary machinery,  ■  pes,  bindery,  electrotyping  ap- 
paratus, and  such  other  material  as  may  be  required  in 
the  manufacture  of  the  text-books  provided  for  in  sec- 
tion one  of  this  act,  as  well  as  to  pay  the  salaries  or  wages 
of  the  compositors,  binders,  and  other  persons  to  be  em- 
ployed in  such  manufacture;  provided,  that  the  state 
board  of  education  shall  first  approve  the  style  of  print- 
ing, engravings,  and  illustrations,  kind  of  paper,  size,  and 
binding  of  volumes;  said  sum  to  be  drawn  by  the  super- 
intendent of  state  printing  in  the  same  manner  as  provided 
in  subdivision  tour  of  section  five  hundred  and  twenty-six 
of   the   Political   Code. 

Furnished    at    cost   of   printing. 

Sec.  L0.  All  school  books  compiled  by  the  state  shall 
be  furnished  to  the  public  school  children  of  the  stat. 
at     the    cost    of    printing,    publishing,    and    distributing     the 


1161  SCHOOLS.  Act  3564,  §  1 

same;  said  cost  to  be  ascertained  and  fixed  by  the  state 
board  of  education,  on  or  before  the  fifteen  the  day  of  June 
of  each  school  year;  and  it  is  further  enacted,  that  the 
cost  of  distribution  shall  be  taken  to  be  the  cost  of  postage 
required  for  mailing  each  book.  [Amendment  approved 
March  15,  1887.     Stats.  1887,  p.  146.     In  effect  immediately.] 

Sec.  11.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed 

Sec.   12.     This  act  shall  take  effect  immediately. 

Superintendent  of  public  instruction  to  employ  assistance. 
See.  4.  The  superintendent  of  public  instruction  is 
hereby  authorized  to  employ  assistance  necessary  to  the 
carrying  out  of  the  provisions  of  this  act.  And  the  con- 
troller is  hereby  directed  and  authorized  to  draw  his  war- 
rants for  a  sum  not  exceeding  two  thousand  dollars  an- 
nually, on  the  general  fund  of  the  state,  for  the  payment 
of  such  assistance.  [Amendment  approved  March  15,  1887. 
Stats.   1887,   p.    146.     In   effect    immediately.] 

The   amendment   ad'ded   this   new   section    at   the   end,    but    did    not 
give  It  a  new  number.    This  number  is  the  amendment  section  number. 

ACT  3564. 

An  act  to  provide  for  the  revision  of  certain  books  of  the 
state  series  of  school  text-books,  for  the  compilation 
of  an  additional  book  of  said  series,  and  for  the  con- 
tinued publication  of  the  same;  and  to  authorize  and 
direct  the  use,  for  these  purposes,  of  the  money  ac- 
cumulated in   the   state   school   book   fund. 

[Approved   March    9,    1893.     Stats.    1893,    p.    85.] 

Section  1.  The  state  board  of  education  is  hereby  au- 
thorized and  directed  to  revise  the  following  books  of 
the  state  series  of  school  text-books,  viz.:  The  first,  second, 
and  third  readers,  the  English  grammar,  the  United  States 
history,  and  the  advanced  arithmetic,  and  to  compile  a 
primary  history  of  the  United  States;  and  in  such  revision 
and  compilation  may  employ  well-qualified  persons  to  as- 
sist them;  provided,  that  in  revising  said  readers  the 
board  may  cause  them  to  be  issued  in  a  series  of  five 
books  or  less,  in  their  discretion;  and  the  board  shall 
furnish  to  the  superintendent  of  state  printing  designs  for 
all  cuts  and  engravings  to  be  used  in  the  books  revised 
and   compiled   under    the    provisions    of    this    section. 


Act  S564.   §  J  3-5  SCHOOLS.  U6. 

Sec.  2.  All  ind<  btednesa  incurred  by  said  hoard  in  car- 
rying ont  the  provisions  of  section  one  <»f  this  act  shail 
I"  paid  out  of  the  money  accumulated  in  the  state  school 
l>"ok  fund  from  the  sale  of  the  state  scries  of  school  text- 
books; provided,  thai  all  demands  bo  account  of  such  in- 
debtedness shall  first  be  approved  by  said  state  board  of 
education,  and   presented   to  the  state   beard  of  examine**, 

in  itemized  form,  for  their  approval,  and  upon  the  ap- 
proval thereof  by  the  state  board  of  examiners  the  eon 
troller  is  hereby  authorized  to  draw  his  warrant  upon  the 
Btate  treasurer  for  the  payment  of  said  demands,  and  the 
state  treasurer  is  authorized  to  pay  the  same;  provided 
further,  that  the  indebtedness  incurred  by  sa;d  beard  in 
carrying  ant  the  provisions  of  seetioi  one  of  this  act  shall 
not  exceed  the  sum  of  twenty-five  thousand  dollars 
,  which  sum  is  hereby  appropriated  from  the  state 

ol     book    fund     for    the    use    of    the    said    board    iu    the 
{.remises. 

Bee.  3.  The  state  board  of  education  shall  secure 
copyrights  to  all  tin  books  that  shall  be  revised  or  com- 
piled, as  the  case  may  be,  under  the  provisions  of  this 
act,  and  shall   protect   said  copyrights  from   all  infringement. 

Bee.  4.  Whenever  any  one  or  more  of  the  state  series 
of  school  text-books  shall  have  been  revised  or  compib  d, 
the  state  board  of  education  shall  issue  an  order  requiring 
the  uniform  use  of  said  book  or  books  in  the  common 
schools  of  the  state;  but  said  order  for  the  uniform  use  of 
said  book  or  books  shall  not  take  effect  till  the  expiration 
of  at  least  one  year  from  the  time  of  the  completion 
the  electrotype  plates  of  said  booh  or  books.  Nothing  in 
this  act  shall  be  construed  to  prevent  any  county,  city. 
city  and  county,  or  school  district  from  using  any  one  or 
more  of  the  state  series  of  school  text  books  provided  for 
in  this  ad,  whenever  said  book  or  books  shall  have  been 
publisln  d. 

5.     The   printing  and   binding  of   all    text  book- 
cified    in    section    one    of    this    act,    and    all    the    mi 
work   connected    therewith,    shall    be    done    by    a^d    under    the 
supervision  of  the   superintendent   of  state   printing,   at   the 
state    printing-office;    provided,    that    the    purcho.se    of    pi 
for  the  school   hooks,  and  the   binder's  boards,  cloths,  and 
leather    for    covers,    Bhall    be    procured    by    advertising    for 
pro|>osals  to  furai^h    the   BAJDA,    ;n   the   manner  now  providi  1 


116S  SCHOOLS.  Act  3565 

for  by  section  five  hundred  and  thirty-two  of  the  Political 
Code,  relating  to  paper  supplies  for  the  state  printing- 
office. 

Sec.  6.  Whenever  the  appropriations  heretofore  made 
from  the  general  fund  to  the  use  of  the  superintendent 
of  state  printing  for  the  manufacture  of  books  of  the 
state  series  of  school  text-books  is  exhausted,  all  indebted- 
ness incurred  for  the  further  manufacture  of  said  book3 
shall  be  paid  from  the  state  school  book  fund,  together 
with  all  indebtedness  incurred  for  the  purchase  and  proper 
maintenance  of  such  necessary  machinery  as  may  be  re- 
quired in  the  manufacture  of  said  books,  and  to  purchase 
such  type  and  other  materials  as  may  be  required  for  the 
same;  provided,  that  all  demands  on  the  state  school  book 
fund,  for  the  purposes  enumerated  in  this  section,  shall 
be  presented  to  the  state  board  of  examiners,  in  itemized 
form,  for  their  approval;  and  upon  the  approval  of  the  state 
board  of  examiners,  the  controller  is  hereby  authorized  to 
draw  his  warrant  upon  the  state  treasurer  for  the  pay- 
ment of  said  demands,  and  the  state  treasurer  is  authorized 
to   pay  the   same. 

Sec.   7.     This  act  shall  take  effect  immediately. 

ACT  3565. 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by 
and  for  school  districts,  except  in  municipal  corpora- 
tions of  the   first  class. 

[Approved   February   14,    1891.     Stats.    1891,   p.    4.] 

Section  1.  In  all  cases-  where  the  board  of  school  trus- 
tees, board  of  school  directors,  board  of  education,  or  other 
governing  board  of  any  school  district  in  this  state,  ex- 
cept in  [a]  municipal  corporation  of  the  first  class,  has  or 
may  hereafter  have  power  to  raise  money  by  taxation  with- 
out a  vote  of  the  people  of  the  school  district,  in  addition 
to  the  funds  provided  by  state  and  county  for  school  or 
educational  purposes,  such  money  shall  be  raised  and 
such  taxes  shall  be  levied  and  collected  in  the  manner  fol- 
lowing, to  wit:  The  board  of  trustees,  directors,  or  board 
of  education  shall,  within  the  limits  fixed  by  law,  esti- 
mate the  amount  of  money  to  be  so  raised  by  taxation,  and 
required  by  their  respective  districts  for  school  purposes 
during  the  year  next  ensuing,  which  year  shall  begin  on 
the   first   Monday   of  January,   at   twelve   o  'clock,  M.     Said 


meeting  for  such  purpose  shall  be  held  between  the  first 
and  twentieth  day  of  September  in  each  year;  said  esti- 
mate,  Bhowing  th<  amount  and  for  what  purpose  the  same 
is    to    be    used,    shall    b  I    upon    the    reeordfl    of    the 

board  making  the  same,  and  signed  by  a  majority  of  said 
board,  and  attested  by  the  clerk  or  secretary  of  said  board. 

Said  clerk  or  seen  t  irv  shall  immediately  furnish  to  the 
board  of  Supervisors  of  the  county  in  which  such  district 
is  situated  a  copy  of  said  record  containing  such  es- 
timate, which  shall  show  the  name  of  the  district,  the 
amount  of  money  to  be  raised,  and  the  purposes  for 
which    it   is    to   be   used. 

Sec,    2.     The    board    of    supervisors,    upon    receipt   of    such 
.   must,  at    the   time   of   levying  the   county  tax.-. 

levy  a  tax  upon  all  the  taxable  property  in  the  school 
district  requiring  such  money  BUflicient  to  raise  the  amount; 
the  rate  of  taxation  shall  If  ascertained  by  deducting  fif- 
teen per  cent  for  anticipated  delinquencies  from  the  ag- 
gregate ass<  iSed  value  of  the  property  in  the  district  as  it 
appears  on  the  assessment  roll  of  the  comity,  and  then 
divide  the  amount  to  be  raised  by  the  r<  maindex  of  said 
agoi  .ssi  d     value.     The    taxes    so    levied    shall    be 

computed  and  entered  or.  the  assessmi  at  roll  by  the 
county  auditor,  and  collected  at  tin  same  time  and  in  the 
same  manner  as  state  and  county  taxes;  and  when  col- 
lected, shall  be  paid  into  the  county  treasury  for  the  use 
of  the  district  for  which  Baid  money  was  collected.  The 
county  treasurer  shall,  upon  demand,  pay  out  such  honeys 
to  the  district  entitled  thereto,  in  the  same  manner  as 
other  school  moneys  are  paid  out  by  such  treasurer. 

Sec.    3.     All    acts   and    parts   of   acts   in   conflict    with    this 
aet  are  hereby  repeal*  d. 

The    code    commissioners    say    of    this    act:    "Modified,    pcrhnps    re- 
pealed,   by   Political  Code,   sees.    1830  and   1836,   aa   amende.! 

ACT   3566. 

To  enable  cities  of  the  fifth  class  to  issue  bonds  for  the 
purchase     of     school  h.  thi      building     of 

BCAOOlhouses  and  supplying  the  same.  [Sluts.  1S91, 
P.  864.] 

Repealed    1SS3,    2S5. 


1165  SCHOOLS.  Act  35G7,  §§13 

aCT    3567. 

An  act  to  enable  school  districts,  in  cities  of  the  fifth  class, 
and  school  districts  which  embrace  territory  a  portion 
of  which  is  within  and  a  portion  of  which  is  without 
such  cities  of  the  fifth  class,  to  issue  bonds  for  the 
purpose  of  raising  money  to  purchase  school  lots,  and 
for  building  or  purchasing  one  or  more  schoolhouses, 
and  supplying  the  same  with  furniture,  necessary  ap- 
paratus, and  improving  the  grounds,  and  for  liquidat- 
ing any  indebtedness  already  Incurred  for  such  pur- 
poses, and  to  repeal  an  act  approved  March  31,  1891, 
entitled  "An  act  to  enable  cities  of  the  fifth  class  to  is- 
sue bonds  for  the  purpose  of  raising  money  to  pur- 
chase school  lots  and  for  building  or  purchasing  one 
or  more  schoolhouses,  and  supplying  the  same  with 
furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  already 
incurred  for  such  purposes." 

[Approved  March  23,  1893.     Stats.  1893,  p.  292.] 

Amended    1897,    103. 

Section  1.  The  board  of  education  of  any  school  district 
in  a  city  of  the  fifth  class,  or  of  any  school  district  which 
embraces  territory,  a  portion  of  which  is  within  and  a 
portion  of  which  is  without  such  city  of  the  fifth  class, 
may,  when  in  their  judgment  it  is  advisable,  and  must, 
when  requested  by  the  board  of  trustees  of  such  city, 
call  an  election  and  submit  to  the  electors  of  the  district 
whether  the  bonds  of  such  district  shall  be  issued  and  sold 
for  the  purpose  of  raising  mouty  to  purchase  school  lots, 
and  for  building  or  purchasing  one  or  more  schoolhouses, 
and  supplying  the  same  with  furniture,  necessary  appara- 
tus, and  improving  the  grounds,  and  for  liquidating  any  in- 
debtedness already  incurred  for  such  purposes.  [Amend- 
ment approved  March  11,  1897.  Stats.  1897,  p.  103.  In  ef- 
fect immediately.] 

Sec.  2.  Such  election  must  be  called  by  posting  notices, 
signed  by  the  board  of  education,  in  three  of  the  most 
public  places  in  the  district,  for  not  less  than  twenty  days 
before  the  election,  and  by  publishing  such  notices,  in 
some  newspaper  published  in  such  city,  not  less  than  once 
a  week  for  three  successive  weeks. 

Sec.   3.     Such  notices  must  contain: 


Act  3:67,  §}  4-7  SCHOOLS.  HM 

1.  Tin'   time  and  place  of  holding  such  election. 

2.  Tlir  names  of  on.'  inspector  ami  two  judges  in  each 
voting  precinct   in  said  district,  to  conduct  the  same. 

:*..  Tin'  hours  during  the  day,  not  less  than  six  hours,  in 
which    tlir    polls   will    In    open. 

4.  The  amount  and  d<  nomination  of  the  bonds,  the  rate 
of  interest,  and  the  number  of  vi  :irs,  not  exceeding  ten, 
the  whole  or  any  part  of  said  bonds  are  to  run. 

1.  Bnch  election  shall  be  held,  in  all  respects  as 
Dearly  :i-  practicable,  in  conformity  with  tin  genera]  elec- 
tion law;  provided,  that  no  particular  form  or  ballot  shall 
be  required,  excepting  that  the  words  to  appear  on  the 
ballots,  which  shall  l>c  ' '  I'.ntids  Vt  s, ' '  or  "Bonds — No"; 
nor  shall  any  informalities,  not  amounting  to  fraud,  in  con- 
ducting such  election,  invalidate  the  same. 

:,.     On     the     seventh     day     after    said     election,    at 

o'clock,    I'.    M..    tin     n  turns    having    In  -  n    made    to    the 

board    of    education,    the    board     must    unit     and    canvass 

said   returns,  and  if  it   appears  that   two-thirds  of  the  votes 

ias(    at    said    election    win-    in    favor    of    issuing   such   bonds, 

then  tin'  board  shall  cause  an  entry  of  that  fad  to  in-  made 
u|ion  its  minutes,  and  shall  certify  to  tin  board  of  super- 
visor-  of  the  county  in  which  said  district  is  located  the 
proceedings  had  in  the  pnmi^  s;  and  thereupon  said 
rd  of  supervisors  shall  be  and  they  are  hereby  author- 
ized and  directed  to  issue  the  bi  such  district  to  the 
numlier  and  amount  provided  in  such  proceedings,  pay- 
able   out    of    the    bond    fund    of    BUCh    district     (naming    the 

•d  that  the  money  Bhall  b<  raised  by  taxation  upon 
the  taxable  property  in  said  district  for  the  redemption 
of  su'd  bonds,  and  the  payment  of  the  interest  thereon; 
provided,    that    the    total    amount   of   bonds   so    issued    shall 

not   exceed  five  per  t  of  the  taxab  ty  of  the  'lis- 

trfct  as  shown  by  the  last  equalized  assessment  of  the 
prop*  rty  in  su«-h  school  disl  riet. 

s, ,-.   6.     The   board   of  supervisors,  by   an   order   entered 

opon    its    minutes,    shall     prescribe    tin-    form    of    Baid    bonds, 

.,,,,1  ,,f  the  interest  eouponB  attached  thereto,  and  must,  fix 
the  time  when  the  whole  or  any  part  of  the  principal  of 
said    bonds   shall    1m-    payable,    Which    shall    not    lie    more    than 

t,  n  \ ,  an  from  the  dale  tin  n  of. 

See.  7.  Said  bonds  must  he  payable  in  gold  coin  of  the 
United    States;    must     be     signed    by     the    president    of    the 


1167  SCHOOLS.  Act  3567,  J  S 

board  of  supervisors,  and  countersigned  by  the  clerk  of  thp 
county,  who  must  affix  the  county  seal  thereto;  must 
not  bear  a  greater  rate  of  interest  than  eight  per  cent,  said 
interest  to  be  payable  semi-annually  in  like  gold  coin;  and 
said  bonds  must  be  sold  in  the  manner  prescribed  by 
the  board  of  supervisors,  but  for  not  less  than  par,  in 
gold  coin  of  the  United  States,  and  the  proceeds  of  the  sale 
thereof  must  be  deposited  in  the  county  treasury  to  the 
credit  of  the  building  fund  of  said  school  district,  and  be 
drawn  out  for  the  purpose  aforesaid  as  other  school  moneys 
are  drawn  out. 

Sec.  8.  The  board  of  supervisors,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax  for 
that  year  upon  the  taxable  property  in  such  district  for 
the  interest  and  redemption  of  said  bonds;  and  such 
tax  must  not  be  less  than  sufficient  to  pay  the  interest  of 
said  bonds  for  that  year,  and  such  portion  of  the  principal 
as  is  to  become  due  during  such  year,  and  in  any  event 
must  be  high  enough  to  raise,  annually,  for  the  first  half 
of  the  term  said  bonds  have  to  run,  a  sufficient  sum  to  pay 
the  interest  thereon,  and  during  the  balance  of  the  term, 
high  enough  to  pay  such  annual  interest;  and  to  pay,  an- 
nually, a  proportion  of  the  principal  of  said  bonds  equal 
to  a  sum  produced  by  taking  the  whole  amount  of  said 
bonds  outstanding  and  dividing  it  by  the  number  of 
years  said  bonds  then  have  to  run;  and  all  moneys  so 
levied,  when  collected,  shall  be  paid  into  the  county  treas- 
ury to  the  credit  of  the  building  fund  of  such  district,  and 
be  used  for  the  payment  of  principal  and  interest  on  said 
bonds,  and  for  no  other  purpose.  The  principal  and  inter- 
est on  said  bonds  shall  be  paid  by  the  county  treasurer, 
upon  the  warrant  of  the  auditor,  out  of  the  fund  provided 
therefor;  and  it  shall  be  the  duty  of  the  auditor  to  can- 
cel and  file  with  the  treasurer  the  bonds  and  coupons  as 
rapidly  as  they  are  paid.  This  section  shall  also  apply 
to  all  cases  where  bonds  were  issued  under  the  provisions 
of  the  aforesaid  act,  approved  March  31,  eighteen  hun- 
dred and  ninety-one,  and  in  such  cases  all  moneys  collected 
under  the  provisions  of  this  section  shall  be  paid  by  the 
county  treasurer,  upon  the  warrant  of  the  auditor,  to  the 
city  treasurer  of  the  city  where  such  bonds  and  the  inter- 
est thereon  are  payable  Warrants  for  all  such  moneys 
shall  be  drawn  by  the  auditor  from  time  to  time,  upon  the 
demand  of  such  city  treasurer.  [Amendment  approved 
March  11,  1897.  Stats.  1897,  p.  104.  In  effect  immedi- 
ately.] 


Act  3568  SCHOOLS.  U«8 

Sec.  9.  If  the  board  of  supervisors  of  any  county  in 
which  any  school  district  has  issued  bonds,  under  the  pro- 
visions of  this  act  or  under  the  provisions  of  said  act  ap- 
proved  .March  thirty-first,  eighteen  hundred  and  ninety-one, 
shall  fail  to  make  the  levy  necessary  to  pay  such  bonds  or 
i  maturity,  and  the  same  shall  have  been 
pn  st  nted  to  the  count  er,  and  the  payment  thereof 

refused,  the  owner  may  ale  the  bends,  together  with  all  un- 
paid  coupons,  with  the  state  controller,  taking  his  receipt 
therefor,  and  the  Bame  shall  be  registered  in  the  state  con- 
trollers' office;  and  the  state  board  of  equalization  shall,  at 
their  in  \t  b<  ision  and  at  each  annual  equalization  there- 
after,  add  to  thi  Btate  tax  to  be  levied  in  said  district  a 
sufficient  rate  to  raise  the  amount  of  principal  and  interest 
due  prior  to  the  aexl  levy,  and  the  same  shall  be  levied 
and   coll.  part   of   tin    state   tax,  and   paid   into   the 

saury,  ami  passed  to  the  special  credit  of  such 
district  hum  1  tax,  and  shall  be  paid  by  warrants,  as  the 
payments   mat  the   holder  of  such   registered  obliga- 

tions,   as    shown    by    tl!  '    r    in    the    office    of    the    state 

controller,  until  the  same  shall  be  fully  satisfied  and  dis- 
charged;  any  balance  then  remaining  shall  be  transmitted 
to  the  treasurer  of  the  county  in  which  is  situated  the  dis- 
trict by  which  such  bo  i<  d,  and  shall  be  placed 
by  the  county  treasurer  to  the  credit  of  the  general  school 
fund  of  said  district.  [Amendment  approved  March  11,  1897. 
Stats.    1897,   |>.    104.     In   effect   immediately.] 

Sec  1".  The  act  approved  March  thirty-first,  eighteen 
hundred  and  ninety-one,  entitled  ''An  act  to  enable  cities 
of  the  lii'th  class  to  issue  bonds  for  the  purpose  of  raising 
money    to  sell  ml     lots,    and    for    building    or    pur- 

chasing oue  or  more  schoolhouse.s,  and  supplying  the  same 
with  furniture,  necessary  apparatus,  and  improving  the 
grounds,  and  for  liquidating  any  indebtedness  already  in- 
curred  for  such  purposes,"  is  hen  by  repealed. 

11.     'Phis  act   shall  take  effect  and  be  in  force  from 
and   after   its   passage. 

ACT   3568. 

An    act    to    provide    for    the    change    of    name    of    school    dis- 
tricts   and    the    manner    of    making   such    change. 

[A]. proved    March    1*1,    1903.     Stats.    1903,   p.    163.J 

The  people  of   the  state  of  California,  represented  in  senate 
and   aasi  nd.lv,   do   enact    as    follows: 

m     I.     Whenever    a    petition    shall    be    presented    to 
the    board    of   supervisors,   signed   by   at   least  fifteen    quali- 


1169  SCHOOLS.  Acts  3569,  3570,  J  1 

fiecl  electors  of  said  district,  asking  that  the  name  of  any 
school  district  be  changed,  the  said  board  of  supervisors 
shall  designate  a  day  upon  which  they  will  act  upon  such 
petition,  which  day  must  not  be  less  than  ten  days  nor 
more  than  forty  days  after  the  receipt  thereof.  The  clerk 
of  the  said  board  of  supervisors  must  give  notice  to  all 
parties  interested,  by  sending  by  registered  mail  to  -each 
of  the  trustees  of  such  school  district,  a  notice  of  the  time 
set  for  the  hearing  of  said  petition,  which  notice  must  be 
mailed  at  least  ten  days  before  the  day  set  for  hearing, 
whereupon  the  board  shall  by  resolution  either  grant  or 
deny  the  petition,  and  if  granted,  the  elerk  shall  notify 
the  county  superintendent  of  the  change  of  the  name  of  said 
district. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT   3569. 

An  act  to  provide  for  the  appointment  and  salary  of  a 
clerk  in  the  office  of  the  superintendent  of  public  in- 
struction,   and    to    make    an    appropriation   therefor. 

[Approved  March  27,   1895.     Stats.   1895,  p.  238.] 

Section  1:  The  superintendent  of  public  instruction  may 
appoint  an  additional  clerk,  who  shall  be  a  stenographer,  at 
a  salary  of  twelve  hundred  dollars  per  year,  payable  in  the 
same  manner  as  the  salaries  of  other  civil  officers  of  the 
state  are  paid. 

Sec.  2.  There  is  hereby  appropriated  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated  the  sum 
of  twenty-four  hundred  dollars,  for  the  payment  of  said 
clerk's  salary  for  the  forty-seventh  and  forty-eighth  fiscal 
years,  commencing  July  first,  eighteen  hundred  and  ninety- 
five. 

Sec.  3.     This  act  shall  take  effect  immediately. 

ACT  3570. 

An  act  to  create  and  administer  a  public  school  teachers' 
annuity  and  retirement  fund  in  the  several  counties, 
and  cities  and  counties  of  the  state. 

[Approved   March  26,  1895.     Stats.   1895,  p.  170.] 

Amended   1897,    225;     1901,    676;     1903,    271. 

Section    1.     The    superintendent    of    public    schools,    or    in 
consolidated    cities     and     counties,    the     superintendent    of 
Gen.  Laws — 74 


Act  3.070,  §  2  SCHc  ,170 

common    schools,    the    county    tit  usurer,    or    in    consolidated 

cities  and  counties,  the  eity  and  county  treasurer,  and  tne 

chairman    of    the    board    of    supervisors,    or    in    consolidated 

the    mayor,    of    each    county,    or    con-. 

BoXidatcd  city  and  county,  and  their  successors  in  office,  are 

ited   :i   board  of  trustees  of  the   public-school 

tiers'    annuity    and    retirement    fund,    to     manage    the 

hereinafter  directed;  said  board  shall  be  known  as 

1   teachers'  retirement  fund   commissioners, 

and  its  members  shall  serve  without  extra  compensation,  and 
sh.nl  1  be  liable  on  their  official  bonds  for  the  performance  of 
the  duties  imposed  by  this  act.  It  shall  be  the  duty  of  the 
district  attorney  of  every  county,  or  the  city  and  county 
attorney   of  every   consolidated   city  and   county,  to  attend 

-    in   which   the  said  board  of 
comn  may    bo    legally    interested,    and    to    give    his 

advi  inion,   in    writing,    whenever   required   by   said 

board.  [Amendment  approved  March  29,  1897.  Stats.  1897, 
p.  22-").      1  :  iately.] 

Bee.  2.  The  public  school  teachers'  retirement  fund  com- 
missioners shall  organize  as  such  board  by  choosing  one  of 
their  number  as  chairman,  and  one  as  seen  tarv.  The  county 
treasurer,  or  in  consolidated  cities  and  counties,  the  city  and 
county  treasurer,  shall  be  ex-officio  treasurer  of  said  retire- 
ment fund.  Said  board  shall  hold  quarterly  meetings  on  the 
third  Saturday  in  January,  April.  duly,  ami  October  of  each 
vi  ,r,  at  the  office  of  the  county  superintendent  of  public 
or,  in  consolidated  citi<  s  and  counties,  at  the  office 
of  the  superintendent  of  common  schools.  It  shall  bienni- 
ally, at  its  meeting  in  .January,  select  from  its  members  a 
chairman  and  a  secretary.  A  majority  of  its  members  shall 
constitute  a  quorum  for  the  transaction  of  business.  It  shall 
report  annually  to  the  board  of  supervisors  of  the  county, 
ox  Consolidated  city  and  county,  the  condition  of  said  re- 
tirement fund,  and  the  receipts  and  disbursements  on  account 
of  the  same,  with  a  full  and  complete  list  of  the  1"  ih  (iciaries 
of  said  fund,  and  the  amounts  paid  to  each  of  them.    [Amend- 


1171  SCHOOLS.  Act  3570,  §5  3-5 

mcnt    approved    March    29,    1897.     Stats.    1S97,    p.    225.     In 
effect  immediately.] 

Old   section   three  amended  and  renumbered  section  eight. 

Sec.  3.  Said  board  of  public  school  teachers'  retirement 
fund  comniis  'oners  shall  issue  warrants,  signed  by  its  chair- 
man and  secretary,  to  the  persons  entitled  thereto,  for  the 
amounts  of  money  ordered  paid  to  such  persons  from  said 
fund  by  said  board,  stating  therein  for  what  purpose  such 
payment  is  made,  and  the  treasurer  shall  pay  such  war- 
rants on  presentation.  Said  board  shall  keep  a  record  of 
all  its  proceedings,  and  said  record  shall  be  open  to  public 
inspection.  It  shall,  at  each  quarterly  meeting,  make  a  list 
of  all  persons,  if  any,  entitled  to  payment  out  of  the  funds 
provided  by  this  act,  and  enter  said  list  in  a  book  to  be 
kept  by  them  for  that  purpose,  to  be  known  as  the  public 
school  teachers'  annuity  and  retirement  fund  book,  which 
list  shall  be  sworn  to  as  correct  by  the  chairman  and  the 
secretary  of  said  board,  and  which  shall  be  open  to  public 
inspection.  [New  section  approved  March  29,  1897.  Stats. 
1897,  p.  226.     In  effect  immediately.] 

Sec.  4.  In  addition  to  the  powers  hereinbefore  granted 
to  said  board,  it  shall  have  the  power,  (1)  to  provide  for 
the  payment  of  its  necessary  expenses,  such  as  printing, 
stationery,  and  postage  stamps;  and  where  the  number  of 
those  subject  to  the  burdens  of  this  act  is  greater  than  one 
hundred,  it  may  employ  a  clerk  at  a  salary  not  to  exceed 
fifty  (50)  dollars  per  annum;  and  (2)  to  make  such  need- 
ful rules  and  regulations  for  the  transaction  of  its  business, 
from  time  to  time,  as  may  be  necessary;  the  said  expenses 
and  the  said  clerk's  salary  shall  be  paid  from  the  annuity 
fund  in  such  counties  or  consolidated  cities  and  counties, 
wherein  there  shall  be  "annuity  funds,"  but,  wherever  there 
shall  be  no  "annuity  fund,"  the  said  expenses  shall  be  paid 
from  the  "distribution  fund,"  and  the  said  salary  from 
the  reserve  fund.  [Amendment  approved  March  20,  1903. 
Stats.  1903,  271.     In  effect  immediately.] 

Sec.  5.  Those  subject  to  the  burdens  of  this  act  in  each 
county,    or    in    each    consolidated     city    and     county,    at    a 


Act  3070.  J  5  SCHOOLS.  U™ 

mooting  called  for  the  purpose  by  the  superintendent  of 
public  schools  of  such  county  or  of  such  city  and  county, 
OB  the  tirst  Saturday  in  May  following  the  creation  of  the 
fund  hereinafter  specified,  shall  elect  by  ballot  five  of  their 
DQmbi  r,  who  shall  constitute  a  committee  on  retirement; 
the  members  of  said  committee  shall,  immediately  after 
their  election,  classify  themselves  by  lot  so  that  one  shall 
serve  for  one  y.ar,  two  servo  for  two  years,  and  two  shall 
serve  tot  three  years;  and,  annually,  at  a  meeting  to  be 
called  in  the  same  manner  tm  the  first  Saturday  in  May  of 
inch  year  after  the  first  meeting,  the  successor  or  succes- 
of  the  member  or  members  of  said  committee  whose 
term  of  office  is  about  to  expire,  shall  be  elected  for  a 
term  of  three  years;  provided,  however,  that  said  commit- 
tee shall  always  consist  of  at  least  one  class  teacher  from 
some  primary  school,  nm  From  some  grammar  school,  and  one 
from  some  high  school  in  the  county,  or  consolidated  city 
and  county,  wh(  D<  v.  r  such  election  is  possible.  In  the  event 
of  B  vacancy,  the  superintendent  of  schools  shall  appoint 
until  the  next  annual  eh  ction. 

Within  fifteen  days  after  the  taking  effect  of  this  amend- 
atory act.  the  contributors  to  said  fund  in  any  county,  or 
consolidated  city  and  county,  in  this  state,  at  a  meeting 
call.,1  for  that  purpose,  by  the  superintendent  of  public 
Is  of  such  county,  or  consolidated  city  and  county 
^t,r    if    I,  refuses    to    call    such    meeting,    then 

such  meeting  may  be  calkd  by  ten  of  such  contributors), 
may  sell  ct  and  designate  by  resolution  adopted  by  a  ma- 
jDrity  vote  of  those  present,  which  of  the  two  alternatives 
presented  in  s,  ,tion  8  class  two,  in  section  8  class  six,  in 
section  8  class  seven,  and  in  section  11,  respectively,  shall 
be    followed   in  such  county  or  consolidated  city  and  county. 

In  the  event  that  no  such  meeting  is  called  or  held  for 
the  purpose  of  making  such  selection  and  designation,  the 
said  contributors  in  such  county,  or  consolidated  city  and 
countv,    win  rein    no    such    meeting    shall    be    held,    will    bo 


1173  SCHOOLS.  Act  3570,  5  6 

deemed  to  have  selected  the  first  (marked  subdivision  "A") 
of    each    of    the    above    mentioned    alternatives. 

In  counties  and  consolidated  cities  and  counties  where 
a  public  school  teachers'  annuity  and  retirement  fund  shall 
be  hereafter  created  the  said  selection  and  designation 
shall  be  made  at  the  said  meeting  to  be  held  on  the  first 
Saturday  in  May  following  the  creation  of  said  fund.  After 
any  selection  and  designation  shall  have  been  made,  pur- 
suant to  this  section,  no  change  shall  ever  be  made  there- 
after in  that  connection.  A  certified  copy  of  all  resolutions 
adopted  pursuant  to  this  section  shall  be  furnished  by 
said  meeting  of  said  contributors  to  the  board  of  public 
school  teachers'  retirement  fund  commissioners  of  sueh 
county  or  consolidated  city  and  county.  [Amendment  ap- 
proved March  20,  1903.  Stats.  1903,  p.  271.  In  effect  im- 
mediately.] 

Old  section  6  amended  and  renumbered  10. 
Sec.  6.  The  board  of  education  of  any  incorporated  city 
or  town,  and  the  board  of  trustees  of  any  school  districts 
outside  of  said  city  or  town,  shall  refer  all  applications  for 
retirement  to  said  committee  on  retirement,  or  may,  of  its 
own  motion,  submit  the  name  of  any  person  or  persons, 
whom  it  desires  to  have  retired,  to  the  said  committee  on 
retirement,  and  it  shall  thereupon  be  the  duty  of  said  com- 
mittee to  investigate  the  case  and  report  to  said  board  of 
education  or  board  of  trustees,  whether  or  not  said  teacher 
should  be  retired,  and  the  annuity  to  which  said  teacher  is 
entitled,  if -entitled  to  any.  At  least  three  members  of  the 
said  committee  must  concur  in  the  report,  if  it  be  in  favor 
of  granting  said  annuity.  This  report  of  said  committee 
shall  be  final.  Said  board  of  education,  or  board  of  trus- 
tees, shall  thereupon  certify  and  send  this  report  to  the 
public  school  teachers'  retirement  fund  commissioners,  who 
shall  be  bound  by  its  decision.  [JNew  section,  approved 
March  29,  1897.     Stats.  1897,  p.  227.     In  effect  immediately.] 


Act  3570,  §§  7,  8  J74 

I   r<  numbered   12. 

:•-  granted   to 

committee  on   retirement,   it   shall  have  the  power   (1) 

at  ti  Tul  and  testify  be- 
fore it  on  all  mat!  ing  to  the  operation  of  this  net, 
and  any  nn  mbcr  of  said  committee  may  administer  an 
or  affirmation  to  men  witness  in  the  tonn  prescribed 
in  < ■  ( 1 1 1 r t s  of  juatici  make  such  rules  and  regulations 
for  the  ti  ess  M  may  from  time  to  time 
1)0  i  |  X'  w  B(  etion  approved  March  29,  1897. 
In  effect  immediately.] 

I  and   renumtx  nil   13. 

•  eupant    of 

1    in    subdivision    four   of   section 

twelve   of  this  s   been   a   contributor  under   the 

pro\  and  who   has  ceased   teaching,  for  a 

;  to  occupy  such  office,  may  again  tx  come 

a    contributor    upon    returning    to    teaching    in    the    public 

•oming  an  occupant  <>t  any 
mentioned  in  said  snlulivision  four  of  sec- 
tion   twelve,  and   shall   thereupon    1"'   credited   with   his  said 
I  r<  vi'ius  servi  provided,  that  no  person 

sha'  to   a    public   school  '    annuity 

and  retirement  fund  under  this  act  who  dors  not  hold  a  valid 
diploma  to  teaeh  in  the  public  schools  of  this 

annuitants  under   this   a  si    are  classed  as  follows: 

Annuitants. 

shall    have    served    in    the 
pub]  this    state    for    thirty    years    as    a    teacher, 

and  who  sha!.  -   :       t  to  the  burdens  imposed  by 

this    act    for    thirty    years,    shall    be    entitled    to    retire    under 
•  bis   act. 
<r   who    I  in    tin    public  schools  of   this 

.1    who    has    served    in    one    or    more    of    the    offices 
mentioned   in   said   subdivision   four  of  section   twelve,   and 
riod    of    «  ; '<     in    the   said   public 

ea    shall    be    thirty    y 
ill    have   been    subject    to   the   burdens    im; 
by    this     LCl    during    said    thirty    years,    shall    be    entitle.!    to 
retin  of  1  ids  aef ;   provided,  how  1 

b   teacher  shall   hav»    held  a  valid  certificate  or  diploma 
to   teach    in    the    public   schools   of   this   state   during   all   of 


teB  SCHOOLS.  Act  3570.  §  * 

said  period.  Annuitants  of  class  one  shall  be  entitled  to 
receive  from  the  said  public  school  teachers'  annuity  and 
retirement  fund  the  sum  of  thirty  (30)  dollars  per  month 
in  counties,  and  fifty  (50)  dollars  per  month  in  consolidated 
counties-,  payable  quarterly. 

Class  Two.  Any  teacher  who  shall  have  served  in  the 
public  schools  of  this  state  for  thirty  years,  and  who  was 
■  unable  to  contribute  to  said  public  school  teachers'  an- 
nuity and  retirement  fund  for  thirty  years,  by  reason  of 
the  nonestablishment  or  nonexistence  of  said'  fund,  and 
any  teacher  who  shall  have  served  in  the  public  schools  of 
this  state,  and  who  shall  have  served  in  one  or  more  of  the 
offices  mentioned  in  said  subdivision  four  of  section  -twelve, 
.and  the  aggregate  period  of  whose  service  in  the  said 
public  schools,  and  in  said  office  or  offices,  is  thirtv  years, 
and  who  has  held  a  valid  certificate  or  diploma  to  teach 
in  the  public  schools  of  this  state  during  all  of  said  period, 
and  who  was  unable  to  contribute  to  said  fund  for  thirty 
years  by  reason  of  the  nonestablishment  or  nonexistence 
of  said  fund,  shall  be  retired  upon  application  to  the  said 
board  under  either  subdivision  A  or  subdivision  B,  hereof, 
as  the  contributors  to  said  fund  in  such  county,  or  con- 
solidated city  and  county,  shall  have  selected  to  follow,  as 
provided  in  section   five  of  this  act. 

A.  Such  applicant  upon  retirement  shall  receive  from 
the  public,  school  teachers'  annuity  and  retirement  fund 
the  sum  of  thirty  (30)  dollars  per  month  in  counties,  and 
fifty  (50)  dollars  per  month  in  consolidated  ci1i>s  and 
counties,  payable  quarterly;  provided,  that  such  appli- 
cant for  retirement  is,  at  the  date  of  the  taking  effect  of 
this  amendatory  act,  a  contributor  to  the  public  school 
teachers'  annuity  and  retirement  fund  in  the  county  or  con- 
solidated city  and  county,  where  he  is  teaching  or  holding 
such  office,  or  becomes  a  contributor  thereto  within  ninety 
(90)  days  after  he  becomes  such  teacher  or  such  office- 
holder, and  shall  have  paid  into  the  said  fund,  at  the  time 
of  such  retirement,  a  sum-  aggregating  what  he  would  have 
paid  into  said  fund  in  thirty  (30)  years,  had  he  been  a 
contributor  thereto  for  that  period;  provided,  further,  that 
annuities  under  this  class  shall  not  begin  until  five  (5)  years 
after  the  retired  teacher  became  a  contributor. 

B.  Such  applicant  upon  retirement  shall  receive  from 
the  public  school  teachers'  annuity  and  retirement  fund 
the  sum  of  five   (5)    dollars    per    month,    payable  quarterly, 


Act  3570.  $  8  SCHOOLS.  1176 

for  every  two  and  one-half  (2*£)  years  (or  fraction  thereof 
equal  to  or  greater  than  one-half  of  two  and  one-half 
years)  such  teacher  or  office-holder  shall  have  contributed 
to  saiil  fund,  until  the  maximum  annuity  of  thirty  (30) 
dollars  per  month  in  counties  and  fifty  (50)  dollars  per 
month  in  consolidated  cities  and  counties  shall  have 
reached;  provided,  that  Buch  applicant  for  retire- 
ment is,  at  the  date  of  the  taking  effect  of  this  amenda- 
tory act,  a  contributor  to  the  public  Bel  '  an- 
nuity   and    retirement    fund    in    the    County,    or    consolidated 

city  and   county  where   he   is  teaching  or  holding  such  of- 

liee,  or   becomes  a   contributor  within   ninety   (90)   days  after 

tin    taking  <  ffc  ct  of  this  amendatory  con- 

tributor thereto   within   ninet  days   after  he  becomes 

mich  teacher  or  Buch  office  holder. 

No  teacher  <>r  office  holder  shall  be  retired  until  he  has 
In  shall  have  paid  into  said  fund,  at  the  time  of  such  re- 
tirement, a  sum  aggregating  what  he  would  have  paid  into 
said    fund    in    thir;  had    he    been    a   contributor 

tin  reto   for  that   period. 

Nil  teach*  r  or  office  holder  shall  be  retired  until  he  has 
been  a  contributor  to  the  fund  for  five  (5)  years. 

I  lass  Three  Any  public  school  teacher  who  shall  have 
Berved    for    thirty  trenty  five    of    which    shall    have 

been  in  the  public  schools  of  this  state,  or  partly  in  the 
public  schools  of  this  Btate  and  partly  in  one  or  more 
of  tin  offices  mentioned  in  said  subdivision  four  of  section 
twelve,  and  who  shall  have  been  subject  to  the  burdens 
impost  d  by  this  act  for  twenty-tive  years,  shall  receive 
upon   retirement   after  thirty  years  oi  .   the  sum 

of    thirty    (30)    dollars    per     month     in     counties,    and     ttfty 
dollars    per    month   in    consolidated   cities   and   counties, 
payable    quarterly;    provided]    be    shall    have    paid   into    the 

said    fund,    at     the    time    of    such    ret  i  n  mi  nt ,    a    Bum     a_ 
gating    what    he    would    have    paid    into    said    fund    in    thirty 
is,    had     he    been    a    contributor    thereto    for    that 
pi  riod. 

3S  Four.  Any  public  school  teacher  or  any  officer 
mentioned  in  said  subdivision  four  of  section  twelve,  sub- 
ject to  the  burdens  of  this  act,  who  shall  remove  to  another 
county  in  this  state,  may  continue  to  be  a  contributor  to 
the  public  school  teachers'  annuity  and  retirement  fund  in 
the  county,  or  in  the  consolidal  d  city  and  county,  from 
which    he    removed,   so   long   as    he   continues   to   be   a   public 


1177  SCHOOLS.  Act  3570,  §  8 

school  teacher  or  the  occupant  of  one  of  said  offices;  and  it 
is  hereby  made  the  duty  of  the  county  treasurer  of  the 
county,  or  consolidated  city  and  county,  wherein  such 
teacher  or  officer  agreed  to  become  subject  to  the  burdens 
of  this  act,  to  receive  such  contributions  of  such  nonresi- 
dents, and  to  place  such  contributions  to  the  credit  of  the 
public  school  teachers'  annuity  and  retirement  fund. 

Class  Five.  Any  teacher  who  ceases  to  serve  in  the 
public  schools  of  any  county,  or  of  any  consolidated  city 
and  county,  or  who  ceases  to  serve  in  one  of  the  offices 
mentioned  in  said  subdivision  four  of  section  twelve,  in 
the  county  or  consolidated  city  and  county,  where  he  has 
been  subject  to  the  burdens  imposed  by  this  act,  and  who 
shall  have  served  in  the  public  schools  of  this  state  for 
thirty  (30)  years,  or  who  shall  have  served  partly  in  the 
public  schools  of  this  state  and  partly  in  one  or  more  of  the 
offices  mentioned  in  said  subdivision  four  of  section  twelve, 
for  an  aggregate  period  of  thirty  (30)  years,  shall  be  en- 
titled to  retire,  and  to  receive  from  the  public  school 
teachers'  annuity  and  retirement  fund  of  the  county,  or  con- 
solidated city  and  county,  to  which  he  has  contributed  for 
at  least  five  (5)  years,  an  annuity  equal  to  such  proportion 
of  the  maximum  annuity  granted  under  this  act  as  the 
time  he  has  been  subject  to  the  burdens  imposed  by  this 
act  in  such  county,  or  consolidated  city  and  county,  bears 
to  the  period   of   thirty  years. 

Class  Six.  Contributors  to  said  public  school  teachers ' 
annuity  and  retirement  fund  retiring  under  this  class, 
shall  be  retired  either  under  subdivision  A,  or  subdivision 
B  hereof,  as  the  contributors  to  saiel  fund  in  such  county, 
or  consolidated  city  and  county,  shall  have  selected  to 
follow,  as  provided  in  section  five  of  this  act. 

A.  If  any  teacher,  or  any  office-holder  mentioned  in  said 
subdivision  four  of  section  twelve,  after  the  expiration  of 
fifteen  (15)  years,  and  before  the  expiration  of  thirty  (30) 
years,  of  service  in  the  public  schools  of  this  state,  or  of 
service  partly  in  the  said  public  schools  and  partly  in  one 
or  more  of  the  offices  mentioned  in  said  subdivision  four 
of  section  twelve,  shall  be  compelled,  by  reason  of  in- 
capacity, to  retire  from  public  school  service,  or  from  one 
of  the  offices  mentioned  in  said  subdivision  four  of  section 
twelve,  while  holding  a  valid  certificate  or  diploma  to 
teach  in  the  public  schools  of  this  state,  such  retiring  teach- 
er,   or    office-holder,    if    a    contributor    to    the    said    fund    at 


70,  §  S  SCHOOLS. 

the  tinip  of  retirement;  shall  be  entitled  to  rcceivo,  from 
the  public  Behool  teachers'  annuity  and  retirement  fund, 
as  many  thirtieths  (30th)  of  the  full  annuity  as  he  has  had 
years  of  said  service,  by  paying  into  the  public,  school 
annuity  and  retirement  fund  the  contributions  to 
said  fund  corresponding  to  those  years  of  service  rendered 
at   a   time  win  a,  or  in  a    p  .  it    was  imp 

h  contributions  by  reason  of  thi  nonexistence  of 
a  public  Bchool  teachers'  annuity  and  retirement  fund; 
provided,  (hat  he  shall  have  contributed  to  the  said  fund 
for  five  years  before  he  becomes  an  annuitant, 

B      If     any    teacher    or    any     office-holder     mentioned    in 
subdivision   four  of   Bection   twelve,   after   the   expira- 
tion of  fi v.-  years,  and  before  the  expiration  of  thirty  years 
of   m  rvice   in    the   publie    Bchools  of   this   state,   w   of   scr- 

purtly    in    the    said    public    Schools   and    partly    in   one   or 

more  of  the  offices  mentioned  in  said  subdivision  f«ur 
of  section  twelve,  shall  be  compelled  by  reason  of  inca- 
pacity, to  retire  from  public  school  or  from  one 
of  I  mentioned  in  said  subdivision  four  of  section 
twelve,  while  holding  a  valid  certificate  or  diploma  to 
teach    in    the    publie    -                                     •    such    retiring 

•  r   office-holder,    if    a    < tributor    to    the    said    fund 

;,t  the  time  of  retirement,  shall  be  entitled  to  receive 
txom  the  public  school  teachers'  annuity  and  retirement 
I  a  sum  in  dollars  equal  to  such  proportion  of  the  maxi- 
mum annuity  granted  under  this  act  as  the  time  he  shall 
havi  been  subject  to  the  burdens  of  this  act  bears  to  the 
period  of  thirty  years;  provided,  however,  that  those  who 
have   served    in    the    public   schools  of   this  state,  or  partly 

in   tin    said   public   si- 1 Is  and    partly  in  one  or  more  of  the 

offices  mentioned  in  said  subdivision  four  of  section  twelve, 
at  a  time  when,  or  in  a  place  where,  it  was  impossibli 
to  make  contributions  to  said  fund,  by  reason  of  the  non- 

of  said  fund,  may  receive  in  addition  to  the  pro 
portion  of  the  maximum  annuity  last  hereinabove  speed 
tii  d.  such  an  additional  proportion  of  the  full  annuity 
as  the  number  of  years  of  said  service,  wliile  not  bur 
'dened  with  the  provisions  of  this  art,  bears  to  thirty 
yiais;  provided,  further,  that  they  shall  have  paid  into 
the  said  fund,  at  the  time  of  their  retirement,  an  amo 
equal   to   what    they   would   have    paid   into  said   fund   had   thev 

been  subject  to  the  burdens  imposed  by  this  act  for  the 
full  time  of  said  service,  not  to  exceed  thirty  years;  and 
provided,    further,    that    no    person    retired    under    this    sub- 


117:1  SCHOOLS.  Act  3570,  §  8 

division  B  shall  ever  receive  a  greater  annuity  than  he 
would  have  received  had  he  retired  on  account  of  years  of 
service;  and  provided,  further,  that  he  shall  have  con- 
tributed to  the  said  fund  for  five  years  before  he  becomes 
an   annuitant. 

Class  Seven.  Contributors  to  said  public  school  teach- 
ers' annuity  and  retirement  fund,  retiring  under  this  class, 
shall  be  retired  under  either  subdivision  A,  or  under  sub- 
division B,  hereof,  as  the  said  contributors  to  said  fund  in 
such  county,  or  consolidated  city  and  county,  shall  have 
selected   to   follow,   as   provided   in   section   five   of   this   act. 

A.  Any  public  school  teacher  who  shall  have  been  sub- 
ject to  the  burdens  imposed  by  this  act,  for  a  period  of 
at  least  five  years,  and  who  shall  have  served  in  the  pub- 
lic schools  of  this  state  for  a  period  of  fifteen  (15)  years, 
or  partly  in  the  said  public  schools  and  partly  in  one  or 
more  of  the  offices  mentioned  in  said  subdivision  four  of 
section  twelve,  for  a  period  of  fifteen  years,  and  who  has 
held  a  valid  certificate  or  diploma  to  teach  in  the  schools 
of  this  state  during  all  said  period,  and  who  shall  have 
been  declared  incapacitated,  by  the  committee  on  retire- 
ment, to  perform  the  duties  of  a  public  school  teacher,  or 
the  duties  of  the  office  which  he  may  be  occupying,  if  he 
should  be  occupying  one  of  the  offices  mentioned  in  said 
subdivision  four  of  section  twelve,  shall  be  entitled  to 
retire  and  to  receive  an  annuity  from  the  public  school 
teachers'  annuity  and  retirement  fund,  equal  to  such  pro- 
portion of  the  maximum  annuity  granted  under  this  act 
as  the  time  he  has  been  subject  to  the  burdens  imposed  by 
this  act  bears  to  the  period  of  thirty  years. 

B.  Any  public  school  teacher  who  shall  have  been  sub- 
ject to  the  burdens  imposed  by  this  act  for  a  period  of 
five  year3  (5),  and  who  shall  have  served  in  the  public 
schools  of  this  state  for  a  period  of  five  (5)  years,  or  partlv 
in  the  said  public  schools  and  partly  in  one  or  more  of  the 
offices  mentioned  in  said  subdivision  four  .of  section  twelve, 
for  a  period  of  five  years,  and  who  has  held  a  valid  cer- 
tificate to  teach  in  the  schools  of  this  state  during  said 
period^  and  who  shall  have  been  declared  incapacitated 
by  the  committee  on  retirement,  to  perform  the  duties  of  a 
public  school  teacher,  or  the  duties  of  the  office  which  he 
may  be  occupying,  if  he  should  be  occupying  one  of  the 
offices' 'mentioned  in  said  subdivision  four  of  section  twelve, 
shall   be   entitled   to   retire,   if   a   contributor   to   the    fund   at 


Act  3570,   §  8 


SCHOOLS. 


time  of  retirement,  :ui<l  to  receive  an  annuity,  from 
the    putt  annuity     and    retirement    fund 

m  in  dollars  equal  to  Buefa  proportion  of  the  maximum 
annuity  granted  under  this  act,  as  the  time  he  shall  have 
rdena  imposed  by  this  act  bears  to 
tin     p|  ri.nl    of    thirty    v<  ars. 

('hiss    Eight.     Teachers   of   public    evening   schools   receiv- 
ing  a   salary   of   fifty    (50)    dollars   or   less   per   month,   shall 
robject  t<>  one  half  of  the  burdens,  and  shall  be  entitled 
f    the    te  in  fits,   of   this   act;    provided,   that   any 
pnli!  teach  r   who    is   employed   both    in   a   day   and 

an    >■  I]   be   considered    foi   the   purposes  of 

this  ed  in  a  day  school  only;  provided,  fur- 

rening  public  school  teacher,  who  at  any  time 
tire  men  t  under  the  pro-  ■•'  this  act  shall  be- 

r,  or    an    occupant   of   one 
■     four  of  section 
twelve,  Bhall  upon  retirement   as  a  day  public  school  teach- 
er,  rs,    he   credited    with    half   time 

for  his  sai.l  evening  school  *  rvico,  under  the  class  in  which 
be   Hi  ircd. 


•':    School    and    Other    Public   School   Teachers. 

1 1  i rr),   school   ■•  public  school   teachers  in  counties, 

or  in  consolidated  cities  and  counties,  in  which  the  act  of 
which    this   act    is  been    in    force,  who   were 

unable   by   reason   of   any   i'  in   in    the   terms  of  said 

act,    to    !■  irs,    shall    be    allowed,    upon    admis- 

sion undtr  the  ti  rms  of  this  rot,  and  upon  the  payment  of 
the    amon  would    have    paid    had    t  contribu- 

tors, to  date  the  time  of  their  admission  from  the  time  of 
the  organization  of  the  public  school  teachers'  annuity  and 
r.t. rem. nt    fund    in    their    county   or  ited    city    and 

county.     I  hereby  directed  to  pay  into  the 

publi  lera'  annuity  and  retirement  fund  of  their 

:  :  rilmtions    of    teachers    and    offi- 
paid  I'.v.or  through,  city  treasurers, 

in  the  same  manner  as  provided  in  the  act  of  which  this 
act    [|  itory,   to    tie   paid    by    the   treasurer  of  a  county, 

Lit.  d   city  anil   county. 
Compliance    with    these    provisions    shall    render   any    pub- 
lic   high  ■    other   public   Bchool    teacher   eligible   to 

fits     provided     in    any    one    of    the    eight    classes    of 
annuitants   in   this  tted    to   which   such   teacher  may   be 

qualifii  d. 


USi  SCHOOLS.  Act  8570.  §5  9.  10 

Suspension   of   Annuities. 

Any  and  all  annuities  shall  be  suspended  if  the  recip- 
ient returns  to  the  profession  of  teaching  or  becomes  the 
occupant  of  one  of  the  said  offices  mentioned  in  subdivision 
four  of  section  twelve.  Any  annuity  less  than  two  thirds 
of  the  maximum  annuity  shall  cease  at  the  expiration  of 
one  year  from  the  time  at  which  the  committee  on  retire- 
ment, constituted  in  section  five  of  this  act,  shall  decide 
that  the  recipient  has  been  restored  to  the  capacity  of  per- 
forming the  duties  of  a  public  school  teacher. 

All  teachers  now  employed  in  the  public  schools  of  this 
state  who  filed  the  notice  specified  in  the  act  of  which  this 
act  is  amendatory,  within  ninety  days  after  the  passage  of 
this  amendatory  "act  in  counties  or  in  consolidated  cities 
and  counties  where  the  provisions  of  any  act  or  acts  to 
which  this  act  is  amendatory  are  now  applicable,  and  all 
other  public  school  teachers  in  other  counties  or  consoh- 
dated  city  and  county  who  become  contributors  within  ninety 
days  after  the  establishment  of  a  public  school  teachers' 
annuity  and  retirement  fund  therein  and  who  shall  have 
paid  at  the  time  of  retirement  an  amount  equal  to  what 
they  would  have  paid  had  they  been  subject  to  the  burdens 
imposed  by  the  provisions  of  this  act  for  thirty  (30)  years, 
shall  not  suffer  any  reduction  of  annuities;  provided,  how- 
ever, that  the  provisions  of  this  paragraph  shall  not  apply 
to  counties  or  consolidated  cities  and  counties  in  which 
the  contributors  to  said  fund  shall  select  to  be  governed 
by  the  provisions  of  subdivision  B  of  classes  two,  six  and 
seven  respectively  of  section  eight,  and  subdivision  B  of 
section  eleven,  as  provided  in  section  five.  [Amendment 
approved  March  20,  1903.  Stats.  1903,  p.  272.  In  effect  im- 
mediately.] 

Sec.  9.  If  at  the  end  of  any  quarter  year  there  shall 
not  be  a  sufficient  amount  of  money  in  the  "annuity  fund, 
or  in  the  "distribution  fund,"  as  the  case  may  be,  to  pay 
all  warrants  and  demands  of  annuitants  in  full,  then  the 
money  in  that  fund  shall  be  divided  pro  rata  among  them 
and  the  sum  received  by  each  annuitant  shall  be  m  full 
discharge  of  all  claims  against  said  fund  to  that  date. 
[Amendment  approved  March  20,  1903.  Stats.  1903,  p.  tt*. 
In  effect  immediately.] 

Sec.  10.  The  public  school  teachers'  annuity  and  retire- 
ment fund  herein  provided  for,  shall  consist  of  the  Row- 
ing, with  the  income  and  interest  thereof:  (1)  Twelve  (1^) 
dollars  per  school  year,  of  the  salaries  paid  to  all  those  sub- 


5  "  I  >OLS.  1182 

■mhns  imposed   by   this  act,  in  each   county  or 

city   and   county,  ahal]    be    deducted    from   the 

warrants    for  and    paid    by    the    treasurer    of    the 

:  city  and  county,  to  the  public  school 

r-.fir.  in.  lit    fund  comm  ud   conut; 

and   countyj   and   it   shall   1"-   the   duty   of 
education    in    every    ii 
ted  city  or  town,  or  consolidated  city  and  county,  and 
I   of   trusl  si  hool 

- 

i   each  warrant   the  amount   to  be  so 

m    by   the   tr<  asnr<  r,   and   ii  ..   the 

ich<  r  b(  longs.     (U)   All 

mom  ■  .|   from  |uests  ami  devises,  or  from 

anj  •        ys,  pay,  o  mpi  daation,  or 

aalai  ,1  ,.r  withheld   from   the  warrant  or 

•,    .    ei 
■  in   duty   from   any  cause,  which 
■    i   city  <»r  town 
boo)  district  outsid< 
appropriate  and  set  apart   for  the  afore- 
fund;  and  trd  of  education  or  board  of  trust 

appropriate  such   moneys,  or 
fond:   provided,  that  in  eonsolid 

of  an   annuity 
fund  therein,  it   is  hereby  made  the  duty  of  the  board* 

monthly,    at    least    one    hali 
such  fund.     [Amendment   approved  March 
-     'in  .  ffecl  Immediately.] 

11.     The  said  public  school  teachers'  annuity  and  rt- 
II  be  divided  <  ither  as  ■ 

:n   subdivision    B   h<  re- 

-    to    Bald    fund    in    such    count; 

lolidated   city   and   county,  shall   have   selected   to   follow 
pursui  l  r,  of. 

A.      Ti.     -iid    public    Bchool    teachers'   annuity   and    retire- 
nit  nt   fund   in   each  county  or  consolidated  city  and  county, 
shall    1m     divided    into    two    distinct    fun. Is,    or    accounts,    (1) 
ermanent    fund,    and    (2)    the    annuity    fund. 

(1)     The  permanent  fund. 

The    permanent    fund   shall   consist    of:    (I)    Tweo 
five    p.  r    C(  nt     of    all    contributions    from  by 

t  his  act;      II)   T\\  at   of  all  l':  t  's,  beq 

devises,   aniesa  otherwise   ordered   by   the   donor  or  the 
tator;    till)    Twenty-five    per   nnt   of   all    moneys   deduct 
from    the   salaries  of   teachers   because  of  absence   from   duty. 


1183  SCHOOLS.  Act  3570,  §  11 

(b)  When  the  permanent  fund  shall  amount  to  the  sum 
of  fifty  thousand  (50,000)  dollars,  then  all  moneys  thereafter 
received  shall  go  into  the  annuity  fund,  except  such  gifts, 
devises,  or  bequests  as  may  be  specially  directed  by  its  donor 
or  testator  to   be  placed  in  the  permanent  fund. 

(c)  It  shall  be  the  duty  of  the  public  school  teachers' 
retirement  fund  commissioners  to  invest  the  aforesaid  per- 
manent fund  in  interest-bearing  bonds  issued  by  the  federal, 
state,  county,  city  and  county,  or  municipal  governments, 
and  to  apply  the  interest  thereon  as  herein  directed. 

(2)     The  annuity  fund. 

(a)  The  annuity  fund  shall  consist  of:  (I)  The  income 
derived  from  the  permanent  fund;  (II)  All  other  moneys 
belonging  to  the  public  school  teachers'  annuity  and  retire- 
ment fund,  not  hereinbefore  directed  to  be  placed  in  the 
permanent  fund;  (III)  All  moneys  in  the  fund  provided  for 
in  the  act  to  which  this  is  amendatory. 

(b)  The  annuity  fund  shall  be  the  only  one  from  which 
annuitants  shall  be  paid. 

(c)  If  at  the  end  of  any  fiscal  year  there  remain  any 
surplus  in  the  annuity  fund,  said  surplus  shall  be  deposited 
by  the  public  school  teachers'  retirement  fund  commission- 
ers in  any  savings  bank,  or  savings  banks,  designated  by 
them. 

B.  The  said  public  school  teachers'  annuity  and  retire- 
ment fund,  in  each  county,  or  consolidated'  city  and  county, 
shall  be  divided  into  two  distinct  funds  or  accounts,  (1) 
the  reserve  fund  and  (2)   the  distribution  fund. 

(1)     The  reserve  fund. 

The  reserve  fund  shall  consist  of: 

(a)  All  moneys  collected  from  the  unclassified  contrib- 
utors for  the  first  five  years  after  the  creation  of  said  fund. 

(b)  Sixty  (60)  per  cent  of  all  moneys  collected  from  the 
unclassified  contributors  for  the  second  five  years  after  the 
creation  of  the  fund. 

(c)  Fifty  (50)  per  cent  of  all  moneys  collected  from  un- 
classified contributors  for  the  third  five  years  after  the  cre- 
ation of  the  fund. 

(d)  Thirty  (30)  per  cent  of  all  moneys  collected  from 
the  unclassified  contributors  for  the  fourth  five  years  after 
the  creation  of  the  fund. 

(e)  One  hundred  per  cent  of  all  collections  from  the 
classified  contributors  during  the  first  period  of  their 
classification,  as  hereinafter  classified. 


■  5  U  SCHOOLS.  1184 

(f)  Ninety  per  cent  of  all  collections  from  the  classi- 
fied contributors  during  tin  second  period  of  their  classi- 
fication, as  herein.-;  •  I 

(g)  Eighty  per  cent  of  all  collections  from  the  classi- 
fied   contributors    during    the    third    period    of    their    classifi- 

n,  as  hercinaf''  ed. 

(h)     Seventy   per   cent   of   all    collections  from    the   classi- 
fied  contributors  daring  the  fourth  period  of  their  classifi- 
a,  us  hereinafter  classified. 
(i)      All    collection!     from    sources    other    than    said    col- 
le.-tions    from    contributors;    all    donations,    an.l    all    inter,  st 
led   on   such   r<  ad    for  a   period  of   twenty  years 

the  creation  of  said  fund. 

It  shall  be   the  duty  of  the  public  school  teachers'  retire- 
ment  fund   commissioners  to  pla  fund  at  in- 
it,    monthly,    in    a    savings    ba  tk    selected    by    the    sai.l 
-.     All  arij                tributors  to  a  public  school 
lere'     annuity      an.l     retirement      fund     in     any     county 

or  c.                                                          all  1  •-'•  who  became 

contributors    t hen  to    within  the    first    li\  after    the 

ereation    ol    said   fund   shall  be   known   as  unclassified  con- 
tribul 

All     who    become    contributors    during    the    first    decade 

r  the   fund  shall   have   been   in   existence   for  five  years 

shall     be    known  \,     ii,.l    those    who    become    con- 

trile  said    fund    during    each    decade    tin  r<  after   shall 

I.,     known   as     '  B,   l  ,    l».   respectively;    each  of  said 

ior  loui  be  first  three  being  for 

ten  years  each  and  the  fourth  for  live  years. 

Winn   the   term  for  which  a:  n   formed  shall 

hav<  ..   all    contributors    to   such   elasses    who   continue 

to  eontribute,  shall  be  considered  as  unclassified. 
(2)      The  distribution  fund. 

distribution   fund   shall   not  b<    formed   in  any  county 
or  consolidated  city  and  county,  until  the  said  public  school 
mity   ami    retirem   at    fund  shall   have   been   in 
existi  nee    for  -.It    shall    then    consist    of 

(a)  f   hereinbefore  Bat  aside  and  declared 

ad. 

(b)  After  th  I  d  shall  have  been  in  existence  for 
twenty  years,   in   addition   to  the  incomi    not  ueretofon 

rve  fund,  there  shall   be  transferred  quar- 

m     the    reserve     fund    to 

the    d      libutiou    tuud,    sixty    (GO)    dollars;    provided,    that 


iit»  SCHOOLS.  Act  3570,  5  11 

the  earnings  of  the  reserve  fund  for  that  period  shall  be 
equal  to,  or  shall  exceed,  two  hundred  and  forty  (240)  dol- 
lars per  annum.  If  the  earnings  of  the  reserve  fund  shall 
not  equal  two  hundred  and  forty  (240)  dollars  per  annum, 
the  amount  transferred  quarterly  from  the  reserve  fund  to 
the  distribution  fund  shall  be  equal  to  the  quarterly  interest 
of  the  reserve  fund. 

(c)  After  the  said  fund  shall  have  been  in  existence  for 
twenty-five  (25)  years,  the  distribution  fund  shall  consist 
of  the  income  not  heretofore  set  aside  for  the  reserve  fund, 
and  one  hundred  and  sixty  (160)  dollars  to  be  transferred 
quarterly,  during  the  next  five  years  from  the  reserve 
fund  to  the  distribution  fund;  provided,  however,  that 
this  amount  does  not  exceed  the  quarterly  earnings  of  the 
reserve  fund  for  that  period.  Should  the  one  hundred  and 
sixty  (160.00)  dollars  exceed  the  said  quarterly  earnings, 
then  an  amount  equal  to  the  quarterly  earnings  of  the  re- 
serve fund  shall  be  so  transferred. 

(d)  After  the  said  fund  shall  have  been  in  existence  for 
thirty  years  the  distribution  fund  shall  consist  of  the  in- 
come not  heretofore  set  aside  for  the  reserve  fund  and  all 
of  the  interest  of  the  reserve  fund  during  the  next  five 
years.  And  should  the  aforesaid  fail  to  give  sufficient 
funds  to  pay  half  of  the  annuities  due,  th,en  there  shall 
be  transferred  quarterly  from  the  reserve  fund,  over  and 
above  the  earnings  of  the  reserve  fund,  thirty  (30)  dol- 
lars per  quarter. 

(e)  After  the  said  fund  shall  have  been  in  existence  for 
thirty-five  years,  the  distribution  fund  shall  consist  of  the 
income  not  heretofore  set  aside  for  the  reserve  fund.  Also 
the  interest  on  the  reserve  fund,  distributed  quarterly 
during  the  next  five  years,  and  should  this  not  be  suffi- 
cient to  pay  half  of  the  annuity  due,  then  there  shall  be 
transferred  from  the  reserve  fund,  in  addition  to  the  in- 
terest, sixty  (60)   dollars  quarterly. 

(f)  After  the  said  fund  shall  have  been  in  existence  for 
forty  years,  the  distribution  fund  shall  consist  of  the  in- 
come not  heretofore  set  aside  for  the  reserve  fund,  the 
interest  on  the  reserve  fund  distributed  quarterly,  and  a 
sum  taken  from  the  reserve  fund  in  addition  thereto,  equal 
to  twelve  times  the  increase  in  contributors  [ions]  to  the 
said  public  school  teachers'  annuity  and  retirement  fund  for 
the  preceding  year;  that  is,  if  the  said  contributors  increase 
by  20  during  the  year  1934,  then  during  the  year  1935 
there  shall  be   taken  from  the  reserve  fund,  in  addition  to 

Gen.  Laws— 75 


Act  SStt.  §  12 


SCHOOLS. 


the  Interest,  two  hundred  and  forty  (240.00)  dollars  per 
annnm. 

All    disbui  shall    bn    from    the    distribution    fund, 

except    as    otherwise    provided    in    section    Four.     [Amend 
in- nt    approved    March  -  I,    p.    279.     In 

immediate  ly.] 

12.  This  act  shall  !><■  binding  upon  such  public 
■  1  teachers,  and  such  officers  mentioned  in  said  snl>- 
division  four  of  Bection.  twelve  as  shall  sign  and  deliver 
to  the  public  school  teachers'  retire  men  1  fund  commis- 
sioners, and  to  tin  secretary  of  bhe  board  of  education  of 
the    incorporated    city    or    town,    or  city    and 

county,  ot  to  the  clerk  of  the  board  of  trustees  of  thi 
school  district  in  whieh  they  are  employed,  a  notice  in 
substantially   the   following  form: 

; 19 . 

To    the    Public    School    Teachers'    Retirement     Fund    Com- 
mi-  I    county      .r    city    and    county): 

You  an    hereby  notified  that   1   agree  to  be  bound  by,  and 

di  sire    to    avail    invsi  It"    of    the    provisions    of    the    aet    nf    the 

legislature  of  the  state  of  California,  approved  March  29th, 
eighteen    hundred    and    ninety-seven,    entitled    "An    ait    to 
■  I,]  .-in   act   approved   March  twenty-sixth,  eighteen  hnn 

dud    and    ninety  five,    entitled     'An    act     to     Create     and     ail 

minister   a   public   Bchool   teachers'  annuity  and   retiremenl 

fund  in  the  several  counties,  and  cil  ounties  in  the 

.  •  "  as  amended  March  '  ,  1903. 

d  

provided,  that   at    hast   thirty  public  school  teachers  within 

tl onnty,   or   consolidated    city   ami    county,  shall    hie   the 

notice    bereinl  I     forth:    provided,    further,    that    in 

all   counties,   or   in    consolidated    cities   and   counties,   wl 
there    is    a    less    number   of    teachers    than    thirty^    this 
shall   l>e    binding  on   all    those  who  so   Signify   their  intention 

of  being  bound  tin  reby. 

(2)  In  consolidated  cities  and  counties  it  shall  lie  bind- 
ing upon  all  t<  achers  elected  or  appoipted  t"  I  ach  in  the 
public     Bchools   of    such     consolidated     cities    and     counties 

all i  r  t  he    |  B  Of  1 

(3)  Annuities    heretofore       granted    under     the     provis- 
ions  of   the   act    of   which    this   act    is   amendatory   shall    he 
continued   fur  the  same  amount   as  heretofore   paid,  subject, 
however,    to    tin-    conditions    imposed    by   sections   nine 
and  eleven   (11)   of  this  act. 


1187  SCHOOLS.  Act  3571,  5  1 

(4)  Any  county,  consolidated  city  and  county,  or  city 
superintendent  of  schools  of  this  state,  and  any  deputy  su- 
perintendent of  schools  for  any  county,  consolidated  city 
and  county,  or  city  of  this  state,  and  any  person  engaged 
in  any  other  educational  work,  required  by  law  to  have 
tho  qualifications  of  a  teacher  in  the  public  schools  of  this 
state,  may  avail  himself  of  the  provisions  of  this  act; 
and  whenever  the  word  "teacher"  is  used  in  this  act  it 
shall  be  deemed  to  include  such  officer  or  officers.  [Amend- 
ment approved  March  20,  1903.  Stats.  1903,  p.  282.  In 
effect  immediately.] 

Sec.  13.  Every  public  officer  who  shall  issue,  or  reeoive 
in  his  official  capacity,  any  warrant,  or  who  shall  receive 
or  pay  out  any  money,  in  any  manner  connected  with, 
pursuant  to,  or  dependent  upon,  the  provisions  of  this 
act,  shall  keep  a  full,  accurate  and  public  record  of  all 
his  transactions  appertaining  to  the  same.  [Amendment 
approved  March  20,  1903.  Stats.  1903,  p.  283.  In  effect 
immediately.] 

Sec.  14.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage.  [Amendment  approved  March 
29,  1897.     Stats.  1897,  p.  231.     In  effect  immediately.] 

ACT  3571. 

An  act  authorizing  any  teacher  or  public  officer  who  is 
now  a  contributor  to  a  public  school  teachers'  annuity 
and  retirement  fund  in  any  county,  or  consolidated  city 
and  county,  of  this  state,  where  there  are  no  annui- 
tants drawing  annuities  from  the  said  fund  of  such 
county,  or  consolidated  city  and  county,  to  cease  to  be 
a  contributor  to  such  fund  within  sixty  days  from  the 
taking  effect  of  this  act,  and  to  have  returned  to  him 
the  amount  contributed  by  him  thereto,  or  such  part 
thereof  as  may  be  available  for  that  purpose. 

[Approved  March  13,  1903.     Stats.  1903,  p.  131.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Within  sixty  days  after  the  taking  effect  of 
this  act,  any  teacher  or  public  officer  who  is  now  a  con- 
tributor to  a  public  school  teachers'  annuity  and  retirement 
fund  in  any  county  or  consolidated  city  and  county  in  this 
state,  created  under  the  provisions  of  an  act  approved 
March  1!9,  1897,  entitled  "An  act  to  amend  an  act  approved 


Act  3571,  §§  2-4  SCHOOLS.  1188 

March  26,  1895,  entitled  'An  net  to  create  and  administer 
a  public  school  teachers'  annuity  and  retirement  fund  in  the 
si  vera]  and  counties  in  the  state,'  "  as 

amended,  may  withdraw  from  such  organization  by  comply- 
ing with  the  provisions  of  this  act;  provided,  however,  that 
the  provisions  of  this  act  shall  not  apply  to  any  county  or 
ited  city  and  county,  where  there  arc,  at  the  time 
of  the  faking  effect  of  this  act,  any  annuitants  drawing  an- 
nuities  from  the  said  fund  of  such  county,  or  consolidated 
and  county. 

Bee    -.      Ami    BUCh     teacher,    or   public    officer,   desiring   to 
himself   of    the    provisions    of   this   act,   shall    within 
•  i  after  the   taking  effect  of  this  act,  sign  and 
fill-    with    the    b'oard    of    public   scSool    teachers'    retiremenl 
fund  commissioners  of  the  county,  or  consolidated  city  and 
by,  where  Buch  teacher  or  public  officer  is  tin  n  a  con- 
trib  in   writing  to  the  effect  that  such  teacher 

or  public  officer,  thereby  withdraws  from  the  said  organiza- 
tion, and  shall  at  the  same  time  sign  and  file  with  the  clerk, 
r  board,  whose  duty  it  is  to  issue  the 
salary  warrants  of  such  teacher  or  public  officer,  a  notice 
similar  in  substance  to  the  said  notice  tiled  with  the  said 
1     of    commissioners. 

."..     The  said  board  of  commissioners,  shall,  at  its  next 
tar  micti:  the  expiration  of  said  sixty   (60)   days, 

solution  din  cting  that  all  money  contributed  to  said 
public  school  teachers'  annuity  and  retirement  fund  by  such 
teachers  or  public  officers  so  withdrawing,  shall  be  immed- 
iately returned  to  such  teachers  or  public  officers.  If  the 
amount  in  the  fund  of  said  organization,  after  the  payim  nt 
of  all  legal  demands,  shall  be  insufficient  to  pay  each  with- 
drawal the  full  amount  contributed  by  him,  then  the  said 
ompute  the  pro  rata  amount  that  shall  be  paid 
to  each,  the  same  to  be  in  proportion  to  their  respective 
.  a n<l  shall  specify  in  said  resolution  the  amount 
to  be  returned  to  each. 

Sec.  4.  The  pri  sidi  nt  and  secretary  of  said  board  shall 
thereupon  issue  warrants  to  the  persons  entitled  thereto, 
in  such  amounts  as  shall  have  bren  so  computed  and  - 
[fed  by  said  board,  and  the  treasurer  of  said  fund  shall 
pay  the  same  to  the  person  named  in  each  respective  war- 
rant, or  to  his  heirs  or  assigns. 


U8S  SCHOOLS.  Acta  3572-3574,  g  1 

Sec.  o.  From  and  after  filing  the  notices,  specified,  in 
section  two  hereof,  each  teacher  or  public  officer  giving 
such  notices  shall  be  relieved  from  all  burdens  and  lia- 
bilities imposed  by  the  said  act  designated  in  section  one 
hereof. 

Sec.  6.  The  clerk,  secretary,  ofiieer,  or  board,  whose  duty 
it  is  to  issue  the  salary  warrants  of  such  teachers  or  public 
officers,  shall,  from  and  after  the  filing  of  the  said  notice 
with  him  or  it,  cease  to  .note  on  the  salary  warrant  of  such 
teacher  or  public  officer  any  amount  to  be  deducted  there- 
from by  the  treasurer  on  account  of  s%id  fund. 

Sec.  7.     This  act  shall  take  effect  immediately. 

ACT  3572. 

An  act  to  provide  for  the  disposal  of  moneys  remaining  in 
the  building  fund  of  any  school  district,  after  all  bonds 
and  indebtedness   shall  have  been  paid   and   liquidated, 
arising  from  the  construction  of  school  buildings. 
[.Approved   March   13,   1883.     Stats.   1S83,   p.   298.J 
Section   1.     All  moneys  that  have  been  or  shall  be  raised 
by  special  tax,  for  the  purpose  of  erecting  school  buildings, 
that  shall  remain  in  the  hands  of  the  county  treasurer,  af- 
ter all  bonds  that  have  been  or  may  be  issued  on   account 
of   such   buildings   shall  have  been  redeemed,   and   all   other 
indebtedness  arising  on  account  of  such  building  shall  have 
been   liquidated,  shall   be   placed  in  the  county  school  fund 
of   the   school   district   for   which   such   moneys  were   raised, 
subject  to  the  order  of  the  trustees  of  said  district. 

ACT  3573. 

To   enforce   the   educational   rights   of   children.      [Approved 
March  28,  1874.     Stats.  1873-4,  p.  751.] 

This  act  was  repealed  by   section  13  of  the  following  act. 

ACT  3574. 

An   act   to   enforce   the   educational   rights   of   children   and 
providing   penalties   for   violation   of    the   act. 

[Approved  March  24,  1903.     Stats.  1903,  p.  388.] 

Amended   1905,   3SS. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section    1.     Unless  excused   as   hereinafter  provided,   each 
parent,  guardian  or  other  person,  in  the  state  of  California, 


Act  3574,  §  1  SCHOOLS.  U90 

jontrol  or  charge  of  any  ehild  between  the  ages  of 
•  i,Lrlit  and  fourteen  years,  Bhall  be  required  to  send  such 
ehild  bo  a  public  Behool,  during  the  time  in  which  a  public 
school  shrill  be  in  session,  in  the  city  or  city  and  county  or 
Behool  district  in  which  said  ehild  resides;  provided,  that 
should  if  be  shown  to  the  satisfaction  of  the  board  of  edu- 

n  of  the  eity  or  city  and  county,  or  of  the  board  of 
trustees   of    the    school    district    in    which   such   child   resides, 

the  child's  bodily  or  nnntal  condition  is  such  as  to 
prevent  or  render  inadvisable  attendance  at  school,  or  ap- 
plication to  study,  a*  certificate  from  any  reputable  pby- 
sieian   that   the  child  is  not   aide  to  attend   school,  or  that  its 

attendance  is  inadvisable,  must  be  taken  as  satisfactory  evi- 
dence by  any  such  board,  or  that  such  child  is  being  taught 
in  a  private  school,  or  by  a  private  tutor,  or  at  home  by  any 
person  capable  of  teaching,  in  such  branches  as  are  usually 
taught  in  the  primary  and  grammar  schools  of  this  state; 
or  that  any  such  child  between  the  age  of  twelve  and  four- 
teen years  has  1 . •  i  n  given  a  permit  to  work  by  the  pr 
•judicial  officer  in  accordance  with  section  2  of  "An  a«t 
regulating  the  employment  and  hours  of  labor  of  children, 
prohibiting  the  employment  of  minors  under  certain  • 
prohibiting  the  employment  of  certain  illiterate  minors,  pro- 
viding for  the  enforcement  In  reof  by  the  commissioner  of 
the  bureau  of  labor  statistics  and  providing  penalties  for 
the  violation  hereof,"  approved  February  ;  or  that 

no   public  school    is   located   within    two    miles,   by   the    nearest 

traveled  road,  of  the  residence  of  the  child;  or  that  the 
child  has  compli  ted  the  prescribed  grammar  school  course; 
then  it  shall  1h  the  duty  of  such  board  of  education  or 
board  of  trustees,  upon  application  of  the  parent,  or  guar- 
dian, or  other  person  having  the  control  or  charge  of  such 
child,  to  excuse  such  child  from  attendance  at  school,  during 
the  continuam  defect  or  condition  upon  which  - 

excusi  is  granted;  and  provided  further,  that  circumstances 
rendering  attendance  impracticable  or  dangerous  to  health, 
owing  to  unusual   storm  or  other  sufficient  ;  all   work 

an  exemption  from  the  penalties  of  this  act.     It'  any  parent 
or  guardian  or  other  person  having  control  or  charge  of 
such    child    presents    proof    to    such    board    of    education    or 
board  of  trustees,  by  affidavit,  thai    he  is  unable  to  compel 

such    child    to    attend    school,    said    parent,    guardian    or   other 

person  Bhall  b<    exi  mpl   from  the  pt  i  I  lifl  acl  as  re- 

ds  the  suhst  <jue.it   uonattendai  1  of  such  child, 

and    said    ehild    may,    in    the    discretion    of   such   board,   bo 


1191  SCHOOLS.  Act  3574,  §  §  3,  4 

deemed  a  truant  and  subject  to  assignment  to  the  parental 
school. 

Amended   1905,    p.    3SS. 

Sec.  2.  Any  parent,  guardian,  or  other  person  having 
control  or  charge  of  any  such  child,  who  shall  fail  to  com- 
ply with  the  provisions  of  this  act,  shall,  unless  excused 
or  exempted  therefrom  as  hereinbefore  provided,  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
liable,  for  the  first  offense,  to  a  fine  of  not  more  than  ten 
dollars  or  to  imprisonment  for  not  more  than  five  days,  and 
for  each  subsequent  offense  he  shall  be  liable  to  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars,  or  to  imprisonment 
for  not  less  than  five  days  nor  more  than  twenty-five  days, 
or  to  both  such  fine  and  imprisonment. 

Sec.  3.  The  board  of  education  of  any  city  or  city  and 
county,  or  the  board  of  trustees  of  any  school  district,  shall, 
on  the  complaint  of  any  person,  makr  full  and  impartial 
investigation  of  all  charges  against  parents  or  guardiaia 
or  other  persons  having  control  or  charge  of  any  such 
child,  for  violation  of  any  of  the  provisions  of  this  act.  If 
it  shall  appear  upon  such  investigation  that  any  such  par- 
ent or  guardian  or  other  person  has  violated  any  of  the 
provisions  -of  this  act,  it  is  hereby  made  the  duty  of  the 
secretary  of  such  board  of  education,  except  as  hereinafter 
provided,  or  the  clerk  of  such  board  of  trustees,  to  make 
and  file  in  the  proper  court  a  criminal  complaint  against 
such  parent,  guardian,  or  other  person,  charging  such  viola- 
tion, and  to  see  that  such  charge  is  prosecuted  by  the  proper 
authorities;  provided,  that  in  cities,  and  cities  and  counties 
having  an  attendance  officer  or  officers,  such  officer  or  offi- 
cers shall,  under  the  direction  of  the  board  of  education,  or 
the  city  superintendent  of  schools,  make  and  file  such  com- 
plaint, and  see  that  such  charge  is  prosecuted  by  the  proper 
authorities. 

Sec.  4.  The  board  of  education  of  any  city,  or  city  and 
county,  may  -appoint  and  remove  at  pleasure  one  or  more 
attendance  officers  of  such  city,  or  city  and  county,  and 
shall  fix  their  compensation,  not  exceeding  one  thousand 
dollars  per  annum  for  any  such  officer,  payable  from  the 
county  or  special  school  fund  of  such  city  or  city  and 
county,  and  shall  prescribe  their  duties,  not  inconsistent 
with  law,  and  make  rules  and  regulations  for  the  per- 
formance thereof;  provided,  that  in  any  city,  or  city  and 
county,  containing  less  than  twenty  thousand  school  censui 


Act  3574,  §§  5,  6  SCHOOLS.  1152 

ehildn  ii,  not  more  than  one  attendance  officer  shall  be  ap- 
point!.I,  and  in  any  city,  or  city  and  county,  containing 
more  than  twenty  thousand  school  census  children,  not 
more  than  one  attendance  officer  shall  be  appointed  for 
each  twenty  thousand  school  census  children,  or  fraction 
greater    than    oik  half    thereof. 

Sec.  5.  It  shall  lie  the  duty  of  the  attendance  officer  to 
arrest  during  school  hours,  without  warrant,  any  child  be- 
tween  eight  and  fourteen  years  of  age,  found  away  from 
his  home,  and  who  has  been  reported  to  him  by  the  teacher, 
the  Btipi  rintendent  of  schools,  or  other  person  connected 
with  the  school  department  as  a  truant  from  instruction 
upon  which  he  is  lawfully  required  to  attend  within  the 
city,  or  city  and  county,  lie  shall  forthwith  deliver  the 
child  so  arrested  cither  to  the  parent,  guardian  or  other 
n  having  control  or  charge  of  such  child,  or  to  the 
teacher  from  whom  said  child  is  then  a  truant,  or  if  such 
child  shall  have  be<  n  declared  an  habitual  truant,  he  shall 
bring    such    child    I  r;strate    for    commitment    by 

him    to    ;i    parental    school,    as    provided    in    this    act.     The 

Ddance  officer  shall  report  promptly  such  arrest,  and 
the  disposition  made  by  him  of  such  child,  to  the  school 
authorities  of  such  city,  or  city  and  county.  Any  child 
may  lie  reported  as  a  truant,  in  the  meaning  of  this  act, 
shall  have  1"  en  absent  from  school  without  valid 
excuse  more  than  three  days  or  tardy  on  more  than  three 
days,  any  absence  for  a  part  of  a  day  being  regarded  as  a 
tardinrss.  Any  child  who  has  once  been  reported  as  a 
truant  and  who  is  again  absent  from  school,  without  valid 
excuse,  one  or  iimie  days,  or  tardy  on  one  or  more  days, 
may  again  I"'  reported  as  a  truant.  Any  child  may  be 
,1,  ,  in.  (1  an  habitual  truant  who  shall  have  been  reported 
as  a  truant  three  or  more  times.  Any  child  who  has 
once  been  declared  an  habitual  truant  and  who,  in  a 
succ<  ar,    18    r  [Sorted    as    a    truant    from    school    one 

or   more   days   or   tardy    on   one   or   more    days   without   valid 

ise,  may  be  again  declared  an    habitual   truant. 

Sec.  (i.  The  board  of  education  of  any  city,  or  city  and 
county,  may  establish  schools  in  a  manner  hereinafter  pre- 
scribed, or  set  apart  rooms  in  public  school  buildings  for 
children  between  eight  and  fourteen  years  of  age,  who  are 
habitual  truants  from  instruction  upon  which  they  are 
lawfully  required  to  attend,  or  who  are  insubordinate  or 
rderly    during    their    attendance    upon    such    instruction, 


1193  SCHOOLS.  Act  3574,  §  6 

or  irregular  in  such  attendance.  Such  school  or  room  shall 
be  known  as  a  parental  school.  A  parental  school,  as 
herein  designated  and  provided  for,  shall  be  one  of  the 
primary  and  grammar  schools  of  the  city,  or  city  aD,l 
county,  and  the  teachers  therein  shall  have  the  same  quali- 
fications and  be  employed  and  paid  in  the  same  manner 
as  in  other  primary  and  grammar  schools;  but  such 
parental  school  shall  be  established  and  maintained  spe- 
cially for  the  instruction  therein  of  such  pupils,  between 
the  ages  of  eight  and  fourteen  years,  as  shall  be  committed 
thereto  as  provi  led  in  this  act,  and  no  pupil  shall  be  com- 
mitted to,  or  required  to  attend,  such  school,  except  as  in 
this  act  provided.  Said  board  of  education  may  make  such 
special  rules  and  regulations  for  the  government  of  a 
parental  school  as  shall  be  consistent  with  the  provisions 
and  purposes  of  this  act  and  not  contrary  to  law.  Such 
board  may  provide  for  the  detention,  maintenance  and  in- 
struction of  such  children  in  such  schools;  and  such  board 
or  the  city  superintendent  of  schools  in  any  city,  or  city 
and'  county,  may,  after  reasonable  notice  to  any  such  chili. 
and  an  opportunity  for  the  child  to  be  heard,  and  with  the 
consent  of  the  parent,  guardian  or  other  person  having 
control  or  charge  of  such  child,  order  such  child  to  attend 
such  school,  or  to  be  detained  and  maintained  therein  for 
such  period  and  under  such  rules  and  regulations  as  such 
board  may  prescribe,  not  exceeding  the  remainder  of  the 
school  year.  If  such  parent,  guardian,  or  person  having 
control  or  charge  of  such  child  shall  not  consent  to  such 
order,  such  child  may  be  proceeded  against  under  this  act. 
If  any  "ch^ld,  in  any  city,  or  city  and  county  in  which  a 
parental  school  shall  be  established,  shall  be  an  habitual 
truant,  or  be  irregular  in  attendance  at  school,  within 
the  meaning  of  these  terms  as  definied  in  this  act,  or 
shall  be  insubordinate  or  disorderly  during  attendance  at 
school,  it  shall  be  the  duty  of  the  attendance  officer,  or  of 
the  secretary  of  the  board  of  education  if  there  be  no  at- 
tendance officer,  to  make  and  file  a  complaint  against  such 
child,  in  the  proper  court,  charging  the  fact,  and  to  see  that 
such  charge  is  prosecuted  by  the  proper  authority;  and  if 
the  court,  upon  the  hearing  of  such  complaint,  shall  find 
that  such  charge  is  sustained,  the  court  shall  render  judg- 
ment that  such  child  be  committed  to,  and  be  detained  and 
maintained  in,  a  parental  school  in  such  city,  or  city  and 
county,  for  a  term  not  to  exceed  the  remander  of  the  cur- 
rent   school    year;    provided,    that    if    the    parent,    guardian 


SCHOOLS.  H94 

ig    control    or    charge    of    such    ehiH 

9  a  tei   the   rendition   of  such   judg- 

eut<  .1   a   good   :m,l   sufficient   bond   to  the  board  of 

•r   city   and   county    in    which   said 

court  is  situated,  with  sufficient  sureties,  in  the  sum  of  two 

hundred   dollars,   conditioned    that     such   child   will,   during 

ieh  current  schoo]  year,  regularly  attend 

public    01    |  rivat.  mi    such    city,    or    city    and 

county,  and  aol   be  insubordinate  or  disorderly  during  such 

attendance,  suoh  bond   f"  be  approved  by  the  judge  of  said 

and    be    Bled    with   1  lary    of    the    hoard    of 

education,  then  suoh  court  shall  make  an  order  suspending 

the  i  rich  judgmi  nt  so  long  as  the  condition  of 

kucIi  bond  shall  1"  ;  with.     If  the  condition  of  such 

I     be     viol  ■-     r»  (■•  i  vim:  »tOTV 

evi.i-  any   action  brought  therefor,  shall 

ring  such  bond   forfeited  ami  directing 

sneli  judgment  i   enforced.     Buch   board  of 

jr,  at   any   time   within  one  year  aft<  r  any  such 

1     shall    be     declared    forfeited,    have    execution    issued 

Or    all    of    the  i    such    lmnd.    to    collect 

■it    thereof;    and   all    moneys    paid    or   collected   on 
h    bond   shall   lie   paid   over   i>>   the   parental   school    fund 
lity,  it  city  and  enmity.     ,\n  fees  shall  be  chai 
or  received  by  any  court  or  officer  in  any  proceeding  ander 
this   section.     The   confinement   of  any   child   in   a    parental 
■  il   shall   In-   conducted   with   a    view   to   the   improvement 
nt'  the  child   and   to   it*  restoration,  as  soon  as  practicable, 
to    the    Bchool,    which    he    would,    if    not    so    confined,    he    re- 
quiri  superintendent   of   schools,   or, 

it'  tin  re  he   no  city  superintendent,   the  board  of  education 
"f  any  .-;  and  county,  shall  have  authority,  in  their 

le  at   any  time  any  child  committed  to.  or 
ordi  r<  d   to   atti  ml.  .  KCept    when    such   com- 

mitment shall  be  by  judgment  or  order  of  a  court;  and 
when  Buch  commitment  of  any  child  shall  be  by  judgment 
■  court,  such  court  may,  mi  the  recommenda- 
tion of  the  City  superintendent  of  schools,  or  the  board 
of  education,  make  an  order  paroling  such  child,  upon  sucli 
lirms  and  conditions  as  shall  he  specified  in  the  order. 
The  ezpensi  incurred  by  any  city,  or  city  ami  county,  in 
purchasing   or    r«  i  I  ting    or    renting   a 

building  ami   equipping  the  same,  for  the  maintenance 
pan  ufal   school,  shall  he  paid   out   of  funds  otlu  r  than   * 
collected    t'"r    tin-    maintenance   of   schools.     The    salaries   of 


1195  SCHOOLS.  Act  3574,  8  i 

teachers  and  the  expense  for  all  school  supplies  in  a  pa- 
rental school  shall  be  paid  out  of  the  same  funds  from 
which  similar  salaries  and  expense  are.  paid  for  primary 
and  grammar  schools,  but  all  other  expense  incurred  in  the 
maintenance  of  such  parental  schools  shall  be  paid  out  of 
the   parental   school   fund. 

Sec.  7.  Whenever  any  board  of  education  shall  deter- 
mine that  it  is  necessary  or  expedient  for  the  city  or 
city  and  county  to  establish  and  maintain  a  parental 
school,  said  board  shall  furnish  to  the  city  council,  or  other 
governing  body  of  such  city  or  city  and  county,  all  neces- 
sary and  required  information  and  statistics,  and  if,  after 
consideration,  such  city  council  or  other  governing  body 
grants  its  consent  for  the  establishment  of  such  parental 
school,  then  the  board  of  edu<  .ition  shall  furnish  to  the 
authorities  whose  duty  it  is  to  levy  taxes  in  such  city,  or 
city  and  county,  thirty  days  before  the  time  specified  by 
law  for  fixing  the  annual  tax  rate,  an  estimate  of  the 
cost  of  purchasing  or  renting  a  suitable  site,  and  also 
an  estimate  of  the  cost  of  renting  or  erecting  a  suitable 
building  and  equipping  the  same  for  occupancy  as  a  paren- 
tal school,  and  the  cost  to  the  city  or  city  and  county,  other 
than  for  salaries  of  teachers  and  for  school  supplies,  of  con- 
ducting the  school  for  the  remainder  of  the  current  school 
year.  When,  pursuant  to  such  consent  by  such  governing 
body,  such  estimates  shall  have  been  so  made  and  furnished 
by  the  board  of  education  of  any  city,  or  city  and  county, 
it  is  hereby  made  the  duty  of  the  authorities  whose  duty 
it  shall  be  to  levy  in  such  city,  or  city  and  couuty, 
at  the  time  of  levying  the  taxes,  to  levy  a  special  tax  upon 
all  taxable  property  of  said  city,  or  city  and  county,  suffi- 
cient in  its  judgment  to  provide  the  facilities  requested 
by  the  board  of  education,  and  for  which  such  estimates 
shall  have  been  so  furnished.  It  shall  be  the  duty  of  the 
board  of  education,  yearly,  thereafter,  to  present  to  the 
authorities  of  the  city,  or  city  and  county,  whose  duty  it 
is  to  levy  taxes,  on  or  before  the  first  Monday  in  July,  an 
estimate  of  the  moneys  required  for  conducting  the  pa- 
rental school  for  the  school  year,  other  than  for  the  sal- 
aries of  teachers  and  for  school  supplies.  When  such 
estimate  shall  have  been  so  presented,  it  shall  be  the  duty 
of  the  said  authority  s  to  levy  a  special  tax  upon  the  tax- 
able property  of  said  city,  or  city  and  county,  sufficient 
to  maintain  such  school  for  the  year,  exclusive  of  salaries 
of    teachers    and    expense    of    school    supplies.     All    taxes    in 


I,  5  S  SCHOOLS.  11M 

Ihis  ad  provided  for  shall  be  computed,  entered  upon  the 
roll  and  collected,  in  tin-  same  manner  as  other  taxes 
computed,  and    collected;    ami    when    collected 

shall  lie  placed  in  a  separate  fund,  to  be  known  as  the 
"Parental  School  Fund,"  and  shall  be  paid  out  on  the  order 
of  the  board  of  education  for  the  purposes  set  forth  in  this 
aet;  provided,  that  all  moneys  so  oollected  for  the  pur- 
chase 9  or  buildings,   <>r   the  erection  or  equipment  of 

buildings    for    parental    scl 1    purposes,    shall    be    placed    in 

.    fund,  to  be  I  •    "Parental  School  Build- 

Fund,"   and   shall    1  >lely   for  the    purpose  or  pur- 

-   for  which   coll..  •   after   such   purpose 

or  purposi  s  shall  have  been  fully  accomplished,  the  resi- 
due and,  it  any,  may  b<  ed  to  said  parental 
Bchool   fund. 

S,  ,-.    g,      ']':■   ,   ,.r   D  r  cities    may  unite 

in   the   followi  r.   ',i    form   a  joint   district   for  the 

mail  '    parental    BChool.      When    any    board 

location  or  bo  1 1  trustees  has  secured,  in  the 

•  forth  in  section  7  ef  this  act.  the  consent  of 
the  '  riot,  in  which 
said  board  of  education  or  board  of  school  trustees  holds 
offlci  .i  two  or  more  districts  to  form  a 
joint  pal  .  said  hoard  of  education  or 
board    of   trustees   shall    transmit    suoh   information   to   the 

•  i     the    county    of    which    said    city    or 

*  or  districts  forms  a  part,  setting  forth  at 
the  same  time  the  eiti.s  or  districts  with  which  said  city 
or    ■  aint(  nance    of    a   joint 

1.     Whin   such   information   has  been   received 

rs   from    all    the   cities  or  se 

united,   it   is   hereby  made   the  duty 

of  thi  n  solution,  to  declare  such 

istricts    united    for    the    maintenance    of   a 

joint    pai  to    be    known   as   the   joint    parental 

lines   of    the   school    districts 
uniting)       When     the     districts     have      been     so     united,     the 
■  ation    or   boards   of   trustees   of   the    cities   or 
iol    districts   so   uniting   shall   appoint    a   board   of   trm' 

parental    school    district,    t  I    of    five 

the    number    of    cil  districts 

nni'i  ipointed     from    the 

mi  mb<  rship  of    th<  i  oi  cities 

uniting,    by    the    respective    hoards    in    approximate    propor- 
tion    to    the  iildrtn    between    five    and    seventeen 
age,    iu    the' districts   uniting;     provided    however, 


SCHOOLS. 


Act  3574,  J  8 


that  each  district  shall  be  represented  by  at  least  one  mem- 
ber on  the  board  of  trustees  of  the  joint  parental  school 
district.  The  members  so  appointed,  to  serve  for  the  re- 
mainder of  the  term  of  office  for  which  thev  were  elected 
on  their  respective  boards  of  education  or  boards  of  trus- 
tees, and  when  vacancies  occur  on  said  board  of  trustees  of 
joint  parental  school  districts,  they  shall  be  filled  by  the 
board  making  the  original  appointment.  The  superintendent 
of  schools  of  each  of  the  cities  or  school  districts  uniting, 
shall  be  ex-officio  members  of  the  board  of  trustees  of  the 
joint  parental  school  district,  without  the  right  to  vote  In 
the  management  of  a  parental  school  within  a  school  dis- 
trict, city,  or  city  and  county,  the  right  to  transport  pupils 
to  and  from  school  at  public  expense,  when,  in  the  judgment 
ol  the  board  of  education,  or  board  of  school  trustees,  the 
interest  of  the  pupil  demands  it,  is  hereby  conferred  upon 
such  boards.  All  the  powers  and  duties  bv  any  section  of 
this  act  conferred  or  imposed  upon  the  boards  of  school 
trustees  or  boards  of  education  of  any  city,  or  city  and 
county,  in  the  management  of,  and  the  securing  of  funds 
for  a  parental  school  within  a  city  or  school  district,  are 
hereby  conferred  upon  and  imposed  upon  the  board  of  trus- 
tees of  any  joint  parental  school  district  in  the  management 
of  and  the  securing  of  funds  for  the  support  of  a  joint 
parental  school;  provided,  however,  that  in  estimating  the 
expense  of  maintenance  of  a  joint  parental  school  the  amount 
of  money  needed  for  the  payment  of  teachers'  salaries  and 
for  the  furnishing  of  school  supplies,  shall  be  included  in 
the  estimate  of  expenses;  and  provided  further,  that  the 
estimates  shall  be  transmitted  to  the  board  of  supervisors 
of  the  county  of  which  the  joint  parental  school  district 
forms  a  part.  When  such  estimates  shall  have  been  so 
transmitted,  it  is  hereby  made  the  duty  of  the  board  of 
supervisors  to  levy  a  special  tax  upon  the  taxable  property 
within  the  boundaries  of  the  joint  parental  school  district, 
sufficient  to  provide  the  facilities  requested  by  the  board  of 
trustees  of  the  joint  parental  school  district,  and  for  which 
such  estimate  shall  have  been  furnished,  and  yearly  there- 
after when  the  estimates  of  the  total  expense  of  the  main- 
tenance of  the  joint  parental  school  and  increased  facil- 
ities shall  have  been  furnished  the  board  of  supervisors, 
it  shall  be  the  duty  of  said  board  to  levy  a  special  tax 
sufficient  to  maintain  the  school  for  the  year.  All  taxes 
in  this  act  provided  shall  be  computed  and  entered  u 
the  tax  roll  and  collected  in  the  manner  prescribed  for  the 
collection  of  taxes  in  section  7  of  this  act;  provider],  that 
all    moneys    so    collected    shall    be    collected    by    the    county 


Act  3674,  §  §  9-11  SCHOOLS.  1MB 

tax    collector    anil    apportioned    to    the    credit    of    the    joint 
parental    school   clu  I    placed    m   the   fund  for  which 

they  wi  re  specially  collected.  If  for  sites  or  buildings, 
to  he  placed  in  a  fund  known  as  the  joint  parental  school 
building  fund,  to  be  used  exclusively  for  the  purposes  for 
which  tbey  were  collected,  the  same  as  set  forth  in  section 
7  of  this  act.  The  hoard  of  trusties  of  joint  parental  school 
districts  shall  organise,  by  the  election  of  one  of  their 
Dumber  as  chairman,  and  by  the  <  lection  of  a  secretary  who 
shall  he  the  city  superintendent  of  schools,  or  the  secretary 
Oi  8  Board  of  education  or  the  clerk  of  one  of  the  boards 
lucation  or  boards  of  trustees  of  the  cities,  or  school 
districts  united,  and  sacb  secretary  shall  serve  without  ad- 
ditional salary.  All  moneys  in  a  joint  parental  school  fund 
shall  bi  paid  out  on  the  order  "i  the  hoard  of  tr 
the  joint  parental  school  district  for  the  purposes  herein 
s.  t  birth,  and  in  the  same  manner  tti.it  funds  are  paid  from 
the  ordinary  School  funds  of  a  school  district. 

paid    M    penalties    fur    the    violation    of 
anv    of    the    provisions    of    this    act    shall,    when    collected    or 

■  ;;,i   ,,\  i  r   by    the  ■    ■       •  r   receiving 

same   to   the   treasurer  of  t!>.    city,  or  city   and   county 
in    which  was    committed,    to    he    placed    to    the 

, -re. lit    of   the    parental    school    fund    si   such    city,   or   city    and 
county,    if    thi  h    a    fund,   otherwise    to    the    credit   of 

::il    school    fund    of    such    city,    or    city    and    county, 
or    t < •    the    county    treasurer,    to    be    placed    to    the    credit    of 
the    BChool    fund    of    the    school    district    in    which    the   off- 
was  committed. 

lit  Anv  parent  <>r  guardian  of  any  deaf,  dumb,  or 
blind  child,  legally  entitled  to  admission  to  said  institu- 
ting s|,:l:  h  child  to  said  institution  until  such  child 
shall  have  been  then  in  for  live  years,  or  shall  have  reached 
the    age    of    majority,    unless    such    child    shall    be    excused 

,  such  attendance  by  the  board  of  education  or  board 
of  trustiis  of  the  city,  city  and  county,  or  school  district 
in  which  such  child  resides,  for  the  reason  that  the  child's 
bodily  or  mental  condition  is  such  as  to  prevent  or  render 
inadvisable  attendance  at  said  institution,  or  for  the  r- 
that  such   child  is   ■  proper  instruction  at  home  or  in 

some    public  or  private  school.      Any    [.an  nt   or  o-uardian   fail- 
ing   to    comply    with    the    requirements   of    this   section    shall 

■  lilty  of  a   misdemeanor,  and   lie  punishable  as   provided 
•  lis  act. 

Sec     11.      Any    justice    of    the     peace,    or    recorder    of    the 
city    or    city    and    county    or   any   justice   of   the   peace   of   the 


1199  SCHOOLS.  Acts  3575-3577 

township  in  which  tin?  school  district  is  located,  or  in  which 
the  offense  is  committed,  shall  have  jurisdiction  of  all  of- 
fenses  committed    under   the    provisions   of   this   act. 

Sec.  12.  This  act  shall  take  effect  and  be  in  force  from 
and   after  July  first,  nineteen    hundred   and  three. 

Sec.  13.  An  act  entitled  an  act  to  enforce  the  educa- 
tional rights  of  children,  approved  March  twenty-eight,  eigh- 
teen hundred  and  seventy-four,  and  all  acts  and  parts  of 
acts  in  conflict  with  any  of  the  provisions  of  this  act  are 
hereby  repealed. 

ACT  3575. 

An   act   to   prevent    discrimination   against    female    teachers. 

[Approved  March  30,  1874.     Stats.  1873-4,  p.  938.] 

Female  teachers  to  receive  same   compensation  as  males. 

Section  1.  Females  employed  as  teachers  in  the  public 
schools  of  this  state  shall  in  all  cases  receive  the  same 
compensation  as  is  allowed  male  teachers  for  like  services 
when  holding  the  same  grade  certificates. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

ACT  3576. 

To    make    women    eligibly    to     educational    offices.      [Stats 
1873-4,   p.   356.] 

Cal.    Rep.    Cit.     71,    121;     123.   618;     123,    619. 

This  act  appears   in  full  in   Political   Code,    Appendix,   p.   1103. 

ACT  3577. 

An    act    to    continue    in    force    school    teachers'    certificates 
state   educational   diplomas,  and  life   diplomas. 

[Approved  February  5,  1880.     Stats.  1880,  p.  4  (Ban.  ed.,  4).] 

Certificates  and  diplomas  continued  in  force. 

Section  1.  All  teachers'  city,  city  and  county,  county, 
and  state  certificates,  state  educational  diplomas,  life  di- 
plomas, and  all  other  teachers'  certificates  and  di- 
plomas issued  in  the  state  of  California,  under  and  in  pur- 
suance of  the  laws  thereof,  on  or  before  the  thirty-first 
day  of  December,  A.  D.  eighteen  hundred  anil  seventy- 
nine,   shall  be   and   the    same   are   hereby   continued   in   full 


Acta  2578,  3579  SCHOOL    LANDS.  MOO 

force   and   effect,   and   shall    be  valid   for  all   pur- 

poses   and    to    the    full  I   time    that   thp   same   were 

ami   \v<  re   int<  to   bo   under  the   said   laws, 

on  ami  before  the  said  thirty-first  day  of  December,  A.  D. 
eighteen   hundred   and  Beventy-nine. 

This  act  shall  take  effect  from  and  after  its  pas- 
sago. 

ACT  3578. 

An   act   to   continue   in   operation   the  public  schools  of   this 
Bta1 

fca  1880,  p.  7  (Ban.  ed.,  14).] 

■■■  rtiflcate. 

in  1.    The  county  superintendent  of  schools  of  each 

ami     <  %  i  rv     county     in     this     state     Ifl     hereby   empowered    to 

jggu(  any   teacher  whose  certifi- 

.    or    shall    expire    between    the    first    day 

1   eighty,  and  the  first  day 

hundred   an.'  The   certificate  so 

be    of    the    same    grade    as    the   one    in   place 

. 'lich    it    is   issued,   an. I   shall   b<    valid   only  until   the   first 

1    anl    which    shall    be    competent    to    issue 

all  take  effect  immediately. 

ACT  3579. 

T,,    pyoti  »1    districts    of    this    state    from    injury 

during   tin-   ;  mndred   and    eighty,   by   the 

article    thirteen   of    the 
■  -1    April    15,    1880.      Stats.    18S0, 

Ti,js  ml    districts    should    not    for- 

,,  .;,    ,  ■.,.    ■  ;.>r   to   June   30,    l^v".   by   r< 

*    of   the    funds,   ami 
of   teachers'  salaries  until  June 

SCHOOL  LANDS. 

See   State   LmcU. 


1201  SECRETARY   OF   STATE— SHASTA   COUNTY.    Acts  3584-3539 

TITLE  434. 
SECRETARY  OF  STATE. 
ACT  3584. 

Authorizing  the  secretary  of  state  to  appoint  a  clerk  in 
addition  to  the  number  now  allowed  by  law  and  to  be 
known  as  the  janitors'  clerk,  and  providing  for  the  pay- 
ment of  his  salary.     [Stats.  1899,  p.  143.] 

ACT  3585. 

To  provide  a  salary  for  the  keeper  of  archives  in  the  office 
of.      [Stats.   1891,  p.    280.] 


TITLE  435. 
SEDUCTION. 
ACT  3590. 

To  punish.     [Stats.  1871-2,  p.  184.] 
Cal.   Rep.   Cit.     49,  9. 

This  act  appears  in   full  In  Penal   Code,   Appendix,   p.   690. 


TITLE  436. 

SEWERS. 
See  Streets. 

ACT  3595. 

To  confer  power  upon  supervisors,  or  other  governing 
body  of  counties,  and  cities  and  counties-,  to  extend 
and  complete  all  main  intercepting  sewers  heretofore 
partially  constructed.  [In  effect  Mareh  14,  188L 
Stats.  1881,  p.  76.] 
The    code   commissionei  s    say    of   this   act:    "Superseded   by   County 

Government   Act  and   the  charter  of  San   Francisco." 

ACT   3596. 

Providing  for  the   establishment  and  maintenance  of  sewer 

districts    adjacent    to    municipal    corporations.      [Stats. 

1899,  p.  81.] 


TITLE  437. 

SHASTA  COUNTY. 
ACT   3599. 

An   act   to   increase   the   number   of  judges   of   the   superior 
court    of    the    county    of    Shasta,    state    of    California, 
Gen.  Laws— 76 


Acts  3GO0-3C12 


S    OF. 


U02 


and     for    the    appointment    of    such    additianal    judge. 
[St.;  o.    315.] 

ACT  3600. 

County   cleric,  ftfing  salary  of.      [Stats.    1S73-4,   p.   168.] 
rnment  Act.   1S97,   452. 
ACT  3601. 

i  transfer  certain  funds  of.      [Stats. 
1873-4,    p.    70S.] 
Thl*   aet    authorized    the    transfer   of    the   swamp    land    fund   to   tno 
fund. 

^CT  3602. 

Aut:  transcribil  -<]&  in.     [Stats.  1862,  p.  52.] 

L'l. 

ACT  3603. 

;irt.    fanner    count?  r   of   Sliasta    Coun- 

ty,   .iiit  rtify     and     sign     certain     records. 

;-7.] 

ACT  3604. 

Is  and   highway*      [Stats.  1S73-4,  p.  84  1.] 
X.    sec.    2. 
ACT  3605. 

Repealing   all   Bpecial   laws   in    relation   to   ma'ls   and   high- 
ways  in.     [State.    1875-45,   p.  BOS.] 
ACT  3606. 

Public     Bchools    of,     employment    of  teachers    in.       [Stats. 
1873-4,  p.  172.] 

Am  ly  repealed  by  Political  Code.  sec.   1R*>, 

ACT  3607. 

^•rvicos    of    under- 
sluritT.      [Stat*.     1873-4,    p.     180.] 
Repealed   bj  <  nt    Act.    189T,   E40,   sec.    1S6. 


TITLE  438. 
SHAM' A,    TOWN    OP. 
ACT  3612. 

To     prevent     hogfl     from     running    at   large.      [Stats.    1871  2, 
p.    I".] 

ng    in    Shasta   County,    M 
desto   In  8 


12M  SHEEP.  Acts  3617-3620,  §2  1,  2 

TITLE  439. 

SHEEP. 

Act  to  protect  sheep  from  the  ravages  of  dogs,  see  title  Dogs, 
ante. 

ACT  3617. 

To     restrict     the     herding     of     sheep     in     certain     counties. 
[Stats.  1862,  p.  490.] 

This  act  applied  to  Mendocino,    Lake,    Sonoma,   and   Marin  counties. 

ACT  3618. 

To  restrict  the  herding  of  sheep.  [Stats.  1861,  p.  523.] 
Amended  1865-6,   56. 

ACT  3619. 

To  protect  sheep  and  lambs  in  this  state.  [Stats.  1861, 
p.  501.] 

Amended   1S67-8,   426;     1869-Tu,    233. 

This  act  protected  sheep  and  lambs  from  dogs  and  other  animals. 
It   was  superseded  by   the   Civil   Code,   sec.    3341. 

ACT  3620. 

An  act  to  create  the  office  of  sheep  inspector  for  the  state 
of  California,  to  provide  for  the  appointment,  and  to 
define  the  powers  and  duties  of  said  officer  snd  his 
deputies,  and  their  compensation,  and  providing  for 
the  prosecution  of  offenses  under  the  same,  and  to 
suppress  and  prevent  dissemination  of  scab  among 
sheep. 

[Approved  March  24,  1903.     Stats.   1903,  p.  372.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  office  of  sheep  inspector  for  the  state 
of  California  is  hereby  created  and  the  state  veterinarian 
of  the  state  of  California  is  hereby  made  ex-offieio  sheep 
inspector  and  shall  perform  the  duties  imposed  by  this 
act  without  additional  salary  or  compensation  from  the 
state  of  California. 

Sec.  2.  The  board  of  supervisors  may,  in  their  dis- 
cretion, upon  the  written  demand  of  a  majority  of  sheep 
growers  of  their  respective  counties,  appoint  one  or  more 
deputy  sheep  inspectors.  Such  deputies  shall  be  practical 
fiheep  men  and  subject  to  removal  whenever  the  board 
may   deem   it   necessary. 


Act  3620,  §§.3-5  SHEEP.  VM 

St c  3.  It  shall  be  the  duty  of  the  state  sheep  inspector 
to  have  general  supervision  over  his  deputies  appointed 
undci  th(  provisions  of  this  act  and  to  aid,  counsel,  and 
advise  with  such  deputies  and  generally  to  enforce  the 
provisions  of  this  act. 

See.  4.  The  deputies  appointed  under  the  provisions  of 
tliis  act  Bhall  have  power  to  administer  oaths,  and  it 
shall  be  the  duty  of  at  least  one  deputy  inspector  in  each 
county    v  Dinted,   as    herein    pro- 

vided  by  the  state  sheep  inspector,  to  personally  examine 
all  Bheep  and  bands  of  sheep  in  his  county  every  spring 
between  the  first  day  of  February  and  the  first  day  of 
June  and  every  fall  between  the  first  .lay  of  October  and 
the  firsl  day  of  December  for  the  first  two  years  after 
t,  and  thereafter  between  the  first 
day   of    F<  bruary   and    the   first    day   of  June   of   each   y- 

is  in  charge  <>f  herds  found  to 
!"■  clean  he  Bhall  issue  a  certificate  Btating  such  fact, 
which  certificate  shall  permit  busb  herds  to  pass  into  and 
through  any  anil  all  counties  in  this  state  so  long  as  they 
shall     remain     fre<  from      d  \  nd      such 

deputy    also    h   rei  ine   and    band   or  bands   of 

sheep    at    any    time    he    may   he    called    upon    to    do   so    at    the 
request    of   one   or   mot  growers   in    writing,   stating 

that    such    sheep    are    affected    or    infected    with    some    in- 

.   and   that   there  is  Imminent 

ami    immedia  of    the    spreading   of   Buch    disease; 

provided,  that  if,  upon  examination,  such  sheep  are  found 

to    be    clean    the   person   oi  making  such   complaint 

shall     pay     t  -es    and    costs    of   such    i  lamination, 

which  may  be   recovered  in  a  civil  action  tin  refor;   but  in 

such    inspector,    U  i       ing    such    examination,    finds 

s.ii,1,  scd,    he    shall    forthwith     issue     his    order 

quarantining  p;    and    further     provided,    that     all 

l,,.,,i,ls   oJ  an    f"'°    hundred   and   fifty   head 

ghall    nol    be  t  to   such   inspections  when   known   to  be 

d;    but    where    complaint    is    made,    then     the     deputy 

..•tor    must    comply     with    and    enforce    the    provisions 

oi  this  act  as  in  other  cases  b  t  provided  for. 

,").      Any    person,    company,    association,    or    corpora 
tion    d-  siring    to  t  ■  hich    an 

sound    o'  or   any    i 

,,r   contagious  lin   from   a  deputy   insp 

:1    traveling    permit.        Such    permit    shall    only    be    gra 
for    tli,-  j    -aid    sheep    to    son.- 


1205  SHEEP.  Act  3620,  J  « 

they  may  be  dipped  for  said  disease,  or  on  account  of 
shortage  of  feed,  and  then  by  such  route  as  the  deputy 
sheep  inspector  may  designate. 

Sec.  6.  "Whenever  upon  examination  of  any  bands  or 
herds  of  sheep,  kept  or  herded  in  any  county  of  the  state 
of  California  the  deputy  sheep  inspector  of  such  county 
shall  find  such  sheep,  or  any  portion  of  them  affected  or 
infected  with  the  scab  or  scabbies,  or  any  other  infectious 
or  contagious  disease,  he  shall  forthwith  notify  the  owner 
or  person  in  charge  of  said  sheep,  in  writing,  to  dip  said 
sheep  for  said  disease  within  a  period  of  fifteen  days  from 
said  notice;  and  also  during  said  period  to  keep  such  sheep 
from  contact  with  other  sheep  by  such  means  as  he  may 
specify;  and  if,  upon  examination  at  the  end  of  fifteen 
days  from  such  notice,  said  deputy  sheep  inspector  shall 
find  that  said  sheep  have  not  been  dipped  for  said  dis- 
ease,, or  have  not  been  kept  from  contact  with  other  sheep 
that  are  sound,  the  owner  or  owners,  or  person  or  persons 
controlling  said  sheep,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  or  more 
than  two  hundred  and  fifty  dollars;  and  in  case  said 
sheep  have  not  been  dipped  for  said  disease  within  said 
fifteen  days,  such  deputy  sheep  inspector  shall  immediately 
take  possession  of  said  sheep  and  dip  them  for  said  dis- 
ease, and  all  expenses  incurred  in  so  doing,  including  a 
compensation  of  four  dollars  for  every  day,  or  part  of  a 
day,  in  which  said  deputy  sheep  inspector  may  be  engaged 
in  dipping  said  sheep,  shall  become  and  is  hereby  made 
a  lien  upon  said  sheep;  and  such  deputy  sheep  inspector 
shall  hold  such  sheep  for  the  period  of  ten  days,  and  if 
the  same  is  not  paid  within  such  time  he  may  collect 
the  same,  together  with  the  costs  and  expenses  of  collec- 
tion, by  advertising  and  selling  said  sheep,  or  as  many 
thereof  as  may  be  necessary,  in  the  manner  prescribed  by 
law  for  the  sale  of  personal  property  on  execution.  If, 
however,  upon  examination  at  the  end  of  fifteen  days 
from  the  notice  required  to  be  given  under  this  section 
such  deputy  sheep  inspector  shall  find  that  said  sheep 
have  been  dipped  for  said  disease,  but  are  still  infected 
with  the  same,  then  he  shall  instruct  the  owner  or  con- 
troller of  said  sheep  to  dip  once  or  more  times,  as  cir- 
cumstances demand,  and  as  soon  as  possible,  but  with  an 
interval  between  the  dippings  of  not  less  than  nine  or 
more  than  twelve  days;  and  if  upon  examination  at  the 
end    of    thirty    days    further,    such    deputy   sheep    inspector 


Act  3620,  J  §  7-9  SHEEP.  1300 

finds   thai    said    bI  beei    dipped    for  said   disease, 

but  arc  still  infect,  d,  then  he  shall  at  onee  take  ; 

of    said    s  ,    dip    thi  ■  ,1.      if,    now_ 

ever,    upon    examination    he    flu. is    thai    said    si p    have 

Bot   1"',n    **1  and    dip   them 

as  above  specified,  and  rbe  owner  <>r  owners,  or  controller, 
by  reason  of  h;s  failure  to  dip  bus's  sheep  as  required,  shall 
be   dc<  mod   guilty  of  a   misdemeanor,  and   apon   conviction 

thereof  shall  ba  punish,  d  by  B  fine  of  not  lean  than  one 
hundred  dollars  nor  DIOK  than  two  hundn  d  and  fifty 
dollars:    provided,    however,    that    no  persona,    com- 

pany,   or    corporation    shall    bfl    required    to    dip    his    or    their 

bands    of   sheep    between    the    first    day   of    December   and 

such  time  as  be  or  tloy  can  shear  such  sheep  in  the  fol- 
lowing  spring. 

Sec.     7.     No     person,     persons,     company,     or     corporation 
shall    be    required    to    dip    a    band    or   bands    of  any 

part  of  them  whi.h  arc  ewes  with  iambs,  at  any  time 
between  the  fit'te,n|th]  of  December  and  th(  fifteenth 
of  May  following  of  any  year;  hat  they  rnnei  be  >>•  M  in 
quarantine   and    I-.  •  from   soui  .   and    the 

owner,  owners  or  controller  shall  be  responsible  for  all 
damages    as    stated    u  en    and    light    of    this 

act,  to  be  enforced  and  recovered  as  thereia   provided  for. 

It    shall    also    he    the    duty    of    such    deputy    sheep    inspector 

to  require  the  owner,  owners,  or  itroller  of  sheen,  while 

held    in    quarantine    during    the   above   exemption,    to    spot 

or  hand  dress  all  sleep  in  their  band  or  hands  thai  show 
any  scab  or  other  contagious  disease,  with  some  reliable 
medicine;  and  such  deputy  sheep  inspector  shall  have 
power    to    enforce    hand    di  r    spotting    during    the 

exemption  referred  to  in  this  section,  the  Bame  as  he  has 
power  to  enforce  dipping  at  any  other  period  of  the  year, 
as  provided  by  this  act. 

Bee.   8.      The    deputy    sheep    inspector    appointed    in    the 
several   counties  as  provided  in   this  act   shall   receive  four 

rs  per  day  for  every  day  or  part  of  a  day  spent  in 
the  performance  of  his  duty,  to  be  paid  by  the  owner  or 
owners   of    the    sheep   examined,   and    to   be    enforced    as   a 

lien  against  the  slucp  so  examined,  as  provided  in  section 
six  of   this  act. 

Sec.    9.     In    any    action    or    proceeding,    civil    or    criminal, 
arising   under   thi>   act,   anj    and   all   persona   having  an    in- 
terest  in  the  sleep  or  controlling   the  Bame,  and  coi 
which   such    action    or    proceeding    is    had,    shall    be    deemed 


1207  SHEEP.  Act  3620,  §§  10,  11 

the  owners  of  said  sheep,  and  shall  be  liable  severally  and 
jointly  for  such  violation  of  this  act.  Any  herder  or 
shepherd,  or  other  person  in  charge  of  sheep,  who  shall 
willfully  refuse  to  give  a  deputy  sheep  inspector  after 
showing  a  star  any  and  all  information  as  to  the  condition 
of  sheep  in  his  charge,  requested  by  such  deputy,  shall 
be  deemed  guilty  of  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  line  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars.  In 
criminal  actions  against  corporations  under  this  act  no 
arrest  shall  be  necessary,  but  a  summons  containing  no- 
tice of  the  time  and  place  of  trial,  together  with  a  copy 
of  the  complaint  filed  before  a  justice  of  the  peace,  or  in 
the  court  in  which  the  action  is  commenced,  shall  be 
served  in  the  same  manner  and  for  the  same  length  of  time 
as  in   civil  actions. 

Sec.  10.  It  shall  be  the  duty  of  each  deputy  sheep 
inspector  appointed  under  this  act  to  keep  a  book  in  which 
he  shall  record  as  complete  a  description  as  practicable  of 
the  marks  and  brands  with  which  each  person  in  his 
county  marks  or  brands  his  sheep,  and  the  owners  of  sheep 
shall  report  in  writing  to  such  deputy  sheep  inspector 
their  marks  and  brands,  for  the  purpose  of  aiding  such 
deputy  sheep  inspector  to  make  up  and  keep  such  records; 
said  deputy  sheep  inspectors  are  also  required  to  keep  a 
book  in  which  they  shall  record  the  names  of  all  per- 
sons prosecuted  for  violations  of  this  act,  together  with 
a  description  of  the  particular  offense  charged  against  him, 
the  name  of  the  court  in  which  said  prosecution  was  had, 
and  the  result  of  such  prosecution,  giving  the  amount  of 
fines  where  fines  are  imposed.  And  on  the  first  day  of  Jan- 
uary of  each  year,  each  deputy  sheep  inspector  appointed 
under  the  provisions  of  this  act  shall  make  a  report  to  the 
state  sheep  inspector,  which  report  shall  contain  a  true  and 
correct  copy  of  his  record  as  contained  in  the  books  required 
by  him  to  be  kept  under  the  provisions  of  this  act,  which 
report  shall  be  placed  on  file  in  the  office  of  the  state  sheep 
inspector. 

Sec.  11.  It  shall  be  unlawful  for  any  person,  persons, 
company,  corporation  or  association,  owning,  controlling, 
or  managing  any  ferryboat,  toll  bridge,  car,  steamboat, 
wagon,  vehicle,  or  other  things-  used  for  transportation, 
to  allow  any  sheep  to  be  carried  thereon  unless  the  party 
in  charge  of  said  sheep  shall  first  produce  a  certificate 
from    a    deputy    sheep    inspector   appointed    under    this    act; 


Act  3G21  SHEEP.  ISM 

that   said  sheep   are   free   from  scab,  scabbies,  and  other   in- 

>r   contagious   disease.     Any   violation   of   this 
tion    shall    In  i    misdemeanor   and   punishable   by   a 

m  one  hundred  dollars  or  more  than 
hundred  and  fifty  dollars. 

Pre.    12.     Tf   any   person   or  persons,   company,   or  corpora- 

in  driving  or  herding  any  sheep,  should  get  into  their 

in  rd    any  str  .   they   shall    Immediately    notify   the 

•";  and  if  the  owner  is  unknown,  he    or    they 

sliall   forthwith   notify  the  deputy  sheep  Inspector  of  such 

ty,    giving    the    number    of    Buofa    sheep    and    the    hr 

ach;   anil  'n,  persons,  eo  irporation 

the    provisions    of    this   aection    shall    be    deemed 

guilt;  or  an.l   unon  conviction   thereof  shall 

than    twenty-five    dollars    nor   more    than 

two  hundred  dollars, 

13.      All  iheep    insr-rctors    aro    hereby    (riven 

tin  hi  r<  by    made     th<  lr   duty   to    arrest 

and    bring    1"  Pore   a   justice  of  the   peace,  or  of 

ing  jurisdiction  of  the  same,  any  and  all  persons  found 
violating  the  provisions  of  this  aet,  where  a  complaint 
shall  be  filed  by  such  deputy  sheep  inspector,  cither  upon 
his  own   know  :n    complaint   of  sueh   viola- 

tion, whereupon  a  hearing  shall  be  had  as  in  other  like 
criminal   cases;   and   such   di  itors   are 

by  vested  with  the  same  authority  to  arrest  and  to  require 
aid  in  the  execution  of  their  said  office  as  sheriffs  and 
their  deputies  of  the  several  counties  of  this  state;  pro- 
vid(  d.  that  the  provisions  of  this  aet  requiring  the  deputy 
sheep  inspectors  of  the  county  to  prosecute  for  a  viola- 
tion   of    the  3    of    this    act    [requiring    the    deputy 

p   inspectors   of  the   county   to   prosecute  for  a    I 
of  the   provisions  of  tln'R  act]   shall   not   be  construed   so  as 
to    prevent    such    prosecutions    from    being    commenced    and 
prosecution     by    other     persons     as    criminal     action[s]     are 
coinnii  nCed  and  prosecuted  in  other  cases. 

L5.     This   act  shall   take  effect  and   be  in  force  from 
and   after   its   passage. 

ACT   3621. 

An   act   authorizing   nnd   empowering   the  boards  of   super* 
rs  of  the  aevei 

and      eradicate      infectious      and      contagious      dil 


1-09  SHERIFFS-SHERMAN   ISLAND.  Acts  3627-3G33 

among  sheep,  to  provide  for  the  appointment  of  a 
sheep  commissioner,  and  to  define  the  duties  and 
powers  of   commissioner. 

[Approved  Maich  16,  1889.     Stats.  1889,  p.  216.] 
Appointment  of  sheep  commissioner. 

Section  1.  Whenever  a  petition  shall  be  filed  with  the 
board  of  supervisors  of  any  county  in  this  state,  signed 
by  not  less  than  fifty  resident  freeholders  of  such  county, 
praying  for  the  appointment  of  the  commissioner  herein 
named,  said  board  may,  if  deemed  advisable,  appoint  some 
competent  person,  a  resident  of  the  county,  who  shall  act 
and  be  known  as  sheep  commissioner,  whose  duties  and 
powers,  which  are  to  be  exercised  in  the  prevention  and 
eradication  of  contagious  diseases  among  sheep,  shall  be 
defined  and  determined  by  said  board;  and  the  fees  and 
compensation  of  such  commissioner,  only  to  be  charged  when 
he  is  actually  and  necessarily  engaged  in  the  performance  of 
his  duties,  shall  be  paid  out  of  the  treasury  of  said  county 
as  claims  against  counties  are  now  paid,  and  be  fixed  by  said 
board  at  the  time  of  such  appointment. 

Sec.  2.     This  act  shall  take  effect  immediately. 


TITLE  440. 
SHERIFFS. 
ACT  3627. 

To  compensate  sheriffs  for  conveying  prisoners  to  the  state 
prisons     and     insane     persons     to     the     insane     asylum. 
[Stats.  1885,  p.  126.] 
Amended  1889,   200. 

This   act  appears   in   full   in   the   Political   Code,    Appendix,    p.    1109; 
also   in   Penal  Code,   Appendix,   p.    691. 

ACT   3628. 

To  authorize  the  boards  of  supervisors  to  furnish  the 
sheriff  and  deputy  sheriffs  of  their  several  counties 
with  a  suitable  badge  of  office.  [Stats.  1875-6,  p.  803.] 
This  act  appears   In    full   in   the    Political   Code,    Appendix,    p.    1109. 


TITLE  441. 
SHERMAN   ISLAND. 
ACT  3633. 

For    the    protection     of     public     roads     on.     [^tats.     1877-8, 
p.   601.] 


Acta  3638-3653       SH1PPIN  \.NT.  18M 

TITLE  442. 

SHIPPING. 
ACT  3638. 
To  prevenl   persona  from  enticing  seamen  to  desert.     [Stats. 

1853,  p.  186.] 

Superseded   by   Penal   Code,    sees.    644.    645. 


TITLE  443. 
BIERJBA   COUNTY. 
ACT  3643. 

In    relation    to    the    count  ra    of.     [Stats.    1W9-70, 

p.  885.] 

This    it    related    to   the   feea  and  salaries  of  officer*.    See  note   to 

ACT  3644. 

i  districts  and  road  overseers.     [Stats.   1875  6,  p.  405.] 

I,    aa    amendtu    In 

ACT  3645. 

1  poll-tax  in.     [Stal  .  p.  594.] 

M   ami  ril.-.l    isyi,    473. 

ACT   3646. 

Supervisors    to    levy    taxes    for    county    purposes.       [Stats. 
is::1,  i.  p.  Bio.] 

:  seded   by   subds.    12   and    is,    sec.    25,    County    Government   Act, 

ACT   3647. 

eerning  office   of  treasurer  of.        [Stats.    1871-2,   p.   582.] 
i:.    ealed   UTTJ-4, 

This  act   maile   the  assessor  ex-oilicio   treasurer. 

ACT   3648. 

Treasurer  of.      [Stats.   1873-1,  p.    185.] 
led   by    County    Government   Acts,    see   1>97,    664,    sec.    205. 


TITLE  444. 
SIERRA   EBON    I  OMPANT. 
ACT  3653. 

Granting     righl    to     construct    road    in    Sierra    and    Plumas 
counties.      [Stats.    L8Y3  1,   p.    3*1. J 


LOl  BILK     CULTURE— SOLANO     COUNTY.         Acts  3668-dSTJ 

TITLE  445. 

SILK   CQLTUEE. 
ACT  3658. 

To   establish  a  state  board  of.     [Stats.  1883,  p.  369.] 
Superseded   1885,    216. 

ACT  3659. 

To   establish  a  state  board  of.      [Stats.   1885,  p.  216.J 


TITLE  446. 

SISKIYOU   COUNTY. 
ACT  3664. 

Eegulating  fees   and   salaries   in.      [Stats.    1869-70,   p.    249.] 
Amended  1873-4.  188,  719. 
See  note   to  act   1119,    ante. 

ACT  3665. 

Fees  and  salaries  of  officers.     [Stats.  1873-4,  p.  188.] 

Amending  ami  supplementing  act  of  March  12,  1870.  Supplemented 
1S73-4,  719  Repealed  by  County  Government  Acts,  see  1897,  452,  and  lee 
bill   of   1895.    267 

ACT  3666. 

Concerning   marks    and   brands   in.      [Stats.    1865-6,   p.    332.] 

Continued  in  force  by  Political  Code,  sec.  19,  and  Penal  Code,  sec. 
23. 

ACT   3667. 

Creating  board  of  water  commissioners  for.     [Stats.   1865-6, 
p.  609.] 


TITLE  447. 
SMITH  EIVEE. 
ACT  3672. 

Declaring  Smith  Eiver  navigable.      [Stats.  1877-8,  p.  799.] 

Sui-^.i-1-aed   by    Political   Code,    sec.    2349,    as  amended    1S91. 


TITLE  448. 

SOLANO  COUNTY. 
ACT   3677. 

To  develop  agricultural  interests  and  aid  the  construction 
of  a  canal  in  Colusa,  Solano,  and  Yolo  counties.  [Stats. 
1865-6,  p.  451.] 


Acts  3678-3687  SOLANO    COUNTY.  UU 

ACT    3678. 

County  scat,  location  of.     [Stats.  1873-4,  p.  783.] 

!y    located   by    Political   Code,   sec.   3956. 

ACT   3679. 

Highways    in.      [Stats.    1875-6,   p.   316.] 

KM.     Reroaled    1883,     a, 
Supi  nded      1877-8,      598.     Repealed      1883, 

chap.    X.   Fee.   2. 

ACT    3680. 

Branch    county     jail,    establishing    and    maintaining.      [Stats. 

1875-6,  p.  530.] 
ACT  3681. 

To   provide   for   the  appointment  of  two  additional  notaries 
for.      [Stats.    1871.-2,    p.   24.] 

il   Code.   sec.    T'Jl. 

ACT   3682. 

ler   made   ex-officio    auditor.      [Stats.    1875-6,   p. 
It.] 

il.d     1S77-S.     US. 

ACT   3683. 

Salaries    of  officers   of,    regulating.     [Stats.    1873-4,   p.    869.] 

Am.  i  .7-8,     iJti.     R.  paled     by     County     Government 

Acts,  .    sec.    169. 

ACT    3684. 

To    better    define    the    duties    and    fix    the    compensation    of 
•  rs  of.      [Stats.    1871-2,   p.   624.] 
anient    Ait,    1897,   519,    sec.   169. 
This  act  affected  the  duties  of  sheriff,   county   clerk,   district  attor- 

ACT    3685. 

h  vy  a  road  tax.      [Stats.  1873-4,  p.  868.J 
.    ly    County    UuM_i!inujit    Act,    sec.    25,    sub-da.    12  and   UJ, 

ACT  3686. 

I,  galizing  records  of.      [Stats.  1857,  p.  159.] 

ACT   3687. 
Authorizing  Is  in.      [Stats.   1859,  p.  66.] 


1213  SOLDIERS    AND    SAILORS.  Acts  36S8-3613 

ACT    3688. 

Title   to  certain  lands  in,  quieting.      [Stats.   1873-4,  p.  329.J 
This  act  related   to  certain  lands  in   the  Suscol  Rancho. 


TITLE  449. 
SOLDIEKS  AND  SAILOES. 

ACT  3692. 

An  act  permitting  all  ex-Union  soldiers  and  sailors  of  the 
civil  war,  honorably  discharged  from  the  military  or 
marine  service  of  the  United  States,  the  right  to  vend, 
hawk  and  peddle  goods,  wares,  fruits  or  merchandise 
not  prohibited  by  law,  in  any  county,  town,  village,  in- 
corporated city  or  municipality  in  the  State  of  Cali- 
fornia, without  paying  a  license. 

[Approved  March  20,   1905.     Stats.   1905,  p.  307.J 

Section  1.  That  on  and  after  the  passage  of  this  act  all 
ex-Union  soldiers  and  sailors,  honorably  discharged  from  the 
military  or  marine  service  of  the  United  States,  shall  be 
permitted  to  vend,  hawk,  and  peddle  goods,  wares,  fruits 
or  merchandise  not  prohibited  by  law,  in  any  county,  town, 
village,  incorporated  city  or  municipality  within  this  state 
without  a  license;  provided,  said  soldier  or  sailor  is  engaged 
in  the  vending,  hawking  and  peddling  of  the  goods,  wares, 
fruits   or   merchandise   for   himself   only. 

Sec.  2.  Upon  the  presentation  of  his  certificate  of  dis- 
charge to  the  license  collector  of  any  county,  town,  village, 
incorporated  city  or  municipality  in  this  state,  and  showing 
proofs  of  his  identity  as  the  person  named  in  his  certificate 
of  honorable  discharge,  the  license  collector  shall  issue  to 
said  ex-Union  soldier  or  sailor  a  license,  but  such  license 
shall  be  free,  and  said  license  collector  shall  not  collect  or 
demand  for  the  county,  town,  village,  incorporated  city  or 
municipality  any  fee  therefor;  provided,  that  nothing  in 
this  act  shall  authorize  said  soldiers  or  sailors  to  sell  intoxi- 
cating liquors. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and   after  its  passage. 

ACT   3693. 

To   provide   for  the  burial  of  ex-union   soldiers,   sailors,   and 
marines   dying   without    leaving   sufficient   means   to   de- 
fray  burial   expenses.     [Stats.    1889,   p.    198.] 
Amended  1901,   596. 


Acts  3KH-C70U  ■     VTY.  1^1 1 

ACT   3694. 

To  provide  for  building  and  furnishing  the  home  for  sol- 
diers' widows,  orphans,  .-ml  army  i  i  lor  the 
management  of  such  home,  and  the  Bupport  of  indigent 
iding  in  such  home.     [Stata.   1889,  p.  206.] 

ACT  3695. 

To    g  ve   a  preference   in    public   service   to   honorably   dis- 

chai  tJ,    and    marines    of    the 

•rax  of  the  r<  bellion.     [Btata.  1891,  p. 

ACT    3696. 

■it    the   sale   nf   intoxicating   li<pn>rs   in    the    imnn •■  1 1 :i- 
■licrs'    bonus.      [StCtl,     1895,    p.    161. J 

a    note    to    $    IT!. 
Penal   I 


TITLE  450. 

SONOMA   CITZ. 

ACT    3701. 

To   confirm   and    1  i     Beding*   of   any 

and    all    of    tl  and 

justi.is  of  the  peace  of  the  pueblo  of  Sonoma.     [Stats. 
1860-70,  ,,.  -ii::.] 

Ttalj  til    proceedings  relating  to   the   sale   or  disposi- 

tion of  lands. 

ACT  3702. 

Authorizing  sale  of  certain  pn<  We  lands.  [Stats.  1871-2, 
P.  B39.] 

ACT   3703. 

To  appoint  commissioners  for  the  pueblo  of,  to  carry  into 
affect    the   pri  id    to   validate  the  acts  of 

former   •  Hers.      [Stats.    1KS1,  p.  25.] 

ACT    3704. 

Defining  boundaries.      [Stats.  1871-2,  p.  10.] 

Sill":-     •■■    by    Incorporation   of   the   city    under    Municipal    Corpora- 
tion  Act  of  1883. 


TITLE  451. 

SONOMA    COUNTY. 
ACT    3709. 
Concerning    tl  ,;'l    salaries    of    certain    officers    in    tin 

-  noma.      [Stats.    1S71-2,    p.    583.] 


1215  SOXOMA   COUNTY.  Acts  3fl6-3flG 

This  act  related  to  certain  duties  of  the  sheriff  and  recorder.  It 
was  superseded  by   the  County  Government  Act. 

ACT   3710. 

Salaries    and    compensation    of    certain    officers    of.      [Stats. 
1873-4,   p.   382.] 

Amended  1873-4,  720;  1S75-6,  576,  726.  Repealed  by  County  Govern- 
ment Acts,    see  1S97,    509,   sec.    163. 

ACT  3711. 

Fees  and  salaries  in.      [States.  1877-8,  p.  129.] 

Amended  1877-8,  32S.  Repealed  as  to  fees  by  the  fee  bill  of  1895, 
267,  as  to  officers  therein  named,  and  as  to  salaries  by  County  Govern- 
ment  Acts,   see  1837,   509,   sec.    163. 

ACT  3712. 

Division  fences  in  Sonoma  County  and  the  lines  of  counties 
bordering  thereon.      [Stats.   1877-8,  p.  692.] 

ACT   3713. 

Act     relating     to     fence     and     pound     districts    in.     [Stats. 

1871-2,    p.    203.] 

Superseded  as  to  pounds  by  subd.  14,  sec.  25,  County  Government 
Act,    1897,    463. 

ACT   3714. 

To    provide   for   the   appointment   of   a   notary   to   reside   at 
Cloverdale.      [Stats.     1871-2,    p.    95.] 
Repealed  by  Political   Code,   sec.  791. 

ACT   3715. 

Additional    notaries    in.      [Stats.    1871-2,    p.    95.] 

Repealed    by    Political    Code,    sec.    791. 

ACT   3716. 

Authorizing    transcribing    of    records    in.      [Stats.    1860,    p. 

109.] 
ACT   3717. 
Authorizing  transcribing  of  records  in.     [Stats.  1862,  p.  53.] 

ACT  3718. 

To  provide  for  the  translation  of  foreign  records  in  So- 
noma County,  and  to  make  such  translations  evidence 
of    their    contents.      [Stats.    1S60-70,    p.    582.] 

ACT   3719. 

Roads  and  highways   in.      [Stats.   1875-6,  p.  270.J 
Repealed   188J,    5,    chap.    X,    sec.    2. 


it    n.  co.         iii« 

".  p.   496. J 
mj.   p.  6. 

•    J,   p.   227.| 
>*J.    U2:     1S69  70.    304;      1S71-J.    W| 

ACT 

;>.     11.] 

D   the    treasurer-!  offlo*. 


TITLE 

•A    BIV1 

ACT 


TITLE  453. 
ACT 

p.   28.] 

r.fln«t.      hi     1*». 

ACT 

Auti  department.     [State. 

lv 


TITLE  454. 

[LBOAD   COMPANY. 

ACT 

Thia  ■  Um    line   of  1U   road. 


1217  STANFORD    UNIVERSITY.  Acts 

TITLE  455. 

SPANISH    LAND    CLAIMS. 
ACT    3744. 

Providing  for  the  preservation  of  papers  relating  to.      [Stats. 
1865-6,    p.    312.] 


TITLE  456. 

STALLIONS. 
LCT    3749. 
?o  provide   for  the  keeping  of  stallions  and   jacks.      [Stats. 

1871-2,   p.    63.] 

Codified  by  amendment  of  Penal  Code,  1905.  See  note  to  §  597g, 
Penal   Code. 

This  act  prescribed  limits  for  the  keeping  of  stallions  and  Jack* 
unless  they   were  inclosed   from  view. 


TITLE  457. 

STANFORD    UNIVERSITY. 
ACT   3754. 
An  act  exempting  from  taxation  a  portion  of  the  property 

held   in    trust    for    the    benefit   of    the    Leland    Stanford 

Junior   University. 

[Approved   February   14,    1901.     Stats.    1901,    p.   4.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  university  buildings  of  the  Leland  Stan- 
ford Junior  University,  situate  in  the  county  of  Santa 
Clara,  state  of  California,  used  for  university  purposes, 
and  all  bonds  held  or  that  may  be  held  by  the  trustees  of 
such  university  in  trust  for  the  benefit  of  such  university, 
shall  be  exempt  from  taxation;  provided,  that  all  other 
property,  real  and  personal,  held  in  trust  for  the  benefit 
of  such  university  shall  be  subject  to  state,  county  and 
municipal  taxation;  and  provided  further,  that  while  thi3 
act  is  in  force  no  fees  shall  be  charged  residents  of  this 
state  for  tuition  at  such  university,  but  such  tuition  shall 
be   entirely   free. 

Sec.    2.     This    act    shall    take    effect    from    its    passage. 
Gen.  Laws— 77 


9Tamtsl,at;s   COUNTY.  1-iS 

ACT   3755. 

Ah    act"  granting   to    the   trustees    ef   the    Leland    Stanford 
Junior   University   corporate   powers  and   privfl< 

f  A|.[.m\.  .1     K.  I.rnary    1  I.    1  *.»"  1 .      -  II,    p.    4.] 

le  of  th<  California,  represented  in  Benate 

and  I  as  toll( 

on    1.     The    tr  Dd    Stanford    Junior 

University  are  given  th<  rfght  to  exereise  corporate  powers 
ainl    privileges,    and    to    that    <  n.l    they    i  oize    nn.l 

board  of  trust  I   Bncfa  offl 

■ii  y   may  i|.  •  mi  to  l"    i  adopl   bj  '1  aa 

such     board,    and    through  they    may 

transact    such     buai  seas,   pert 

such  powers    as  they  in  writing  may  provide  may  I"    trana- 
performi  <i    :iiii1  board. 

Such    board    may    adopl  which    shall    r< 

of  tin  Leland  Stanford  Junior  University,"  and  such  seal, 
win  ii  attached  tn  any  document  'ir  writing,  shall  be  prima 
flacie    evidence    that    Buch    document    or    writ:  made 

by    and    ander   due   authority    from  rd    and    from 

such    trust* 

Nothing   herein   shall    t>>    deemed    to   alter   the   tenure  or 

is  of  such  trust* 
btc.  -.    This  act  ahaU  ge. 


TITLE  458. 
NISI. A  I  rv. 

ACT   3760. 
Protection   oJ  agriculture   in.  and   pr  ' -r  distraining 

,,1    ir  |    animals.      [S:  3,    p.    164.] 

ued.   by  the  est  ray  laws  or  18S7,    ua.  u 
m3. 

ACT    3761. 

bKahfng   a    public    highwav    snd    ferry    on    San   Joaquin 
-.    1871-2^   p. 

Purprsfi'^l   by   subd.    35.    sec.    2o,    Cunty    Government    A.  t,    1S97,    W». 

ACT    3762. 

Additional    notaries    public.     [State.    1873  '.    p.    108.] 

This   ail    j;  I    tbe    appointment   of   Ave   adJitlonai   notarie*. 


1219  STANISLAUS   RXTER.  Acta  3763-3776 

ACT   3763. 

Offices  of  public  administrator,   coroner,  and  superintendent 
of    schools.      [Stats.    1873-4,    p.    537.] 

Repealed   by   County   Government  Acts,   see   1897,   452. 
ACT  376J. 
Separating  office   of   county  recorder   from   office   of   county 

clerk,     and      regulating     salaries     of      certain     officers. 

[Stats.   1873-4,  p.   277.] 

Amended    1873-4.    448;     1S77-S,    1001.     Superseded    by    County    Govern- 
ment Acts,   see  1897,  462. 

ACT    3765. 

To    provide   for   the    extermination   of   squirrels   in.     [Stats. 
1877-8,  p.   787.] 
Repealed   1SS0,   7. 

ACT    3766. 

County  superintendent  of  schools,  compensation  of.     [Stats. 

1873-4,    p.    537.] 

Repealed  by  County  Government  Acts,   see  1897,   550,   sec.   191. 

ACT   3767. 

Superintendent  of  schools,  act  to  provide  office  for.     [Stats. 

•    1871-2,    p.    35.] 
ACT   3768. 

Road   poll-taxes,   collection   of.      [Stats.    1875-6,   p.   570.] 
Repealed  by  Political  Code,    sec.   2652,   as  amended  1891,   478. 

ACT  3769. 

Treasurer  to  transfer  certain  funds.     [Stats.  1875-6,  p.  270.] 

Superseded  by  subd.   18,    sec.   25,   County  Government  Act,    1897,    4t>3. 

This   act   authorized    the   transfer   from   the   swamp   and   overflowed 
fund  to  the  general  fund. 

ACT   3770. 

Regulating   salary  of   treasurer   of.     [Stats.   1871-2,  p.   183.] 
Superseded     by     County     Government    Act,     1897,     550,     sec.     191,     a* 
amended   1901,    171. 

ACT    3771. 

Witness    fees    in.     [Stats.    1873-4,    p.    732.J 

Repealed   ls7:-6,    493. 


TITLE  459. 
STANISLAUS    RIVER. 
ACT   3776. 

To  establish,  maintain,  and  protect  a  public  ford  across, 
and  a  public  road  to  and  from  the  same.  [Stats.  1871-2, 
p.  283.] 


STATE.  U10 

T'TLE  460. 

.TE. 
ACT   3780. 

To  <  ad  establish  a   portion  of  the  eastern  boundary. 

S9.] 

ACT   3731. 

In  r  •'-.'-■   -'ate  is  a  party.     [Stats. 

p.    160.] 

by   Code  of  Civil"  Procedure.   sec.    103S. 

/CT    3782. 

ition  of  donations 
L880,  p.  20.] 
ACT   3783. 

;n  land«.  |  ^71-2,  p.  Pf.  | 

Thl«    net    ;  I    lor    the    release   of   certain    land*   to   the    United 

ACT 

•tion   over  certain   lands 
!  to  the  Dn  ted  States.     [Stat*  1S91,  p.  862.] 

ACT   3785. 

Givi  ••  ation    of   certain    lands   bv    con- 

lent  of  the  Mate  to  the  reservation  of  a  cer- 
tain  trm  t   by   congress  for  a   public   park. 

ACT   3786. 

Kxpi  f   to   the   art   of  congress  of   August 

apply   a   portion   of  <'cd9  from  the 

pqblie  lands  to  the  more  complete  endowment  and 
support    of    i  3   for   the   bi   h  fit    of    agriculture 

and    the    mechanii  d    under    the    proviav 

ions  of  an  act  of  congress  approved  18G2.  [Stats. 
l-'-M,   p. 

ACT   3787. 

ropriation  to  pay  the  claim  of  A.  J.  Bourn  against  the 
state    foi  I    by    him    while    in 

Btate.     |  stats.  1801,  p.  513.] 

urn    v.    Hart,    93    Cal.    321.) 

ACT    3788. 

To  authorize  Robert  C.  Ball  to  sue  the  state.     [Stats.  1891, 
p.  191.J 


K21  STATE.  Act3  3789-3792 

ACT  3789. 

Enabling  the   Coulterville   and  Yosemite  Turnpike  Company 

to  sue  the  state.     [Stats.  1891,  p.  275.] 
ACT   3790. 

Suit    against    state,    authorizing    certain    persons    to    bring. 
-  [Stats.  1875-6,  p.  680.] 

This  act  authorized  Drury  Melone,   John  Lord  Love,  and  James  J. 
Green  to  sue  the  state. 

ACT    3791. 

To  authorize  suits  against  the  state,  and  regulating  the  pro- 
cedure   therein.      [Stats.    1893,    p.    57.] 

Cal.    Rep.    Cit.     138,    383;     139,    401;     139,    403;     139,    409;     144,    690;     14*. 
691;     144,    692. 
See   Molineux   v!"  State,    109   Cal.    378;     Chapman   v.    State,    104    Cal. 
690. 

This    act    appears    in    full    In    Code    of    Civil    Procedure,    Appendix, 
p.   784. 

ACT    3792. 

An  act  authorizing  suits  against  the  state  on  claims  or  de- 
mands arising  under  an  act  of  the  legislature  entitled 
"An  act  fixing  a  bounty  on  coyote  scalps,"  approved 
March   31,    1891,   and   regulating   the   procedure   therein. 

[Approved  March  23,   1901.     Stats.   1901,  p.  647.] 

Cal.    Rep     Cit.     141,    355;     141,    356;     144,    683;     144,    688;     144,    689;     144, 
690;     144,    692;     144.    693;     144,    609;     144,    701;     144,    741;     144,    746. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  owners  or  holders  of  claims  or  demands 
against  this  state  arising  under  the  provisions  of  an  act 
of  the  legislature  entitled  "An  act  fixing  a  bounty  on 
coyote  scalps,"  approved  March  thirty-first,  eighteen  hun- 
dred and  ninety-one,  may,  within  twelve  months  from  the 
passage  of  this  act,  bring  suit  upon  their  said  claims  or 
demands  in  any  superior  court  of  this  state,  and  prosecute 
the  same  to  final  judgment.  The  rules  of  practice  in  civil 
cases  shall  apply  to  such  suits,  except  as  herein  otherwise 
provided,  with  the  right  of  appeal  to  either  party. 

See.  2.  Service  of  summons  in  such  suits  shall  be  made 
on  the  attorney-general.  It  shall  be  the  duty  of  the  attor- 
ney-general to  defend  all  such  suits;  and  upon  his^  written 
demand,  made  at  or  before  the  time  of  answering,  the 
place  of  trial  of  any  such  suit  must  be  changed  to  the 
county  of  Sacramento. 


Act  3793  STATE.  1222 

Si  e.  3.  All  costs  in  any  suit  brought  hereunder  shall 
be  paid  by  tin1  plaintiff  in  Hie  action;  and  in  com  judgment 
therein  1"  fox  the  plaintiff,  it  shall  be  for  the  amount 
actually  found  duo  to  tho  plaintiff,  without  interest  there- 
on  and  without  costs;  and  such  judgment  shall  bear  no 
intc  resl    after  r>  ndition. 

Sec.  4.  It  ihall  be  the  duty  of  the  attorney-general  to 
report   to  the  legislature  at   its  aexl  ensuii  all  anal 

judgments  recoveri  I   the  state  hereunder,  not  ti 

r.  ported. 

This  act  shall  tal.  immediately. 

ACT    3793. 

An    act    to    authorise    suits    against    the  Mcernrng 

tin    real    property,    and    regulating    she    ptosedure 
then  in. 

[Approved    Mares   B,   1901.     Stats.   1901,  p.   111.] 
The  people  of  the  Btati    of  California,  represented  in  senate 

and   assembly,   de   enact    :is 

•      • 
whole  or  to  any  part  of  the  following  described  read  prop- 
to  wit: 
The   fractions  in   the  east   half  of  Bection   ninetei  n   and   the 
•    half   of  •    the    noil  liwi  st    quart, 

northeast    quarter    and    s.mtli    h.  rter 

and   the  southeast  qua:  aty  and  the  south- 

it    quarter  twenty-one,  b«.ing  the  land   app 

for  and  sold  to  A.  II.  Betel]  as  a  portion  of  tb*>  five-hundred- 
tkouaand-acre    grant;    also,    the    fractional    northwesi     and 
fractional    northeast    quart,  r  of  Bection    twenty-eight,   b< 
the    land   applied    for   and   sold    to    A.    II.    Estell 
of   the    t'  grant;    all    being   in    township  three   south 

and   range  seven  east,   M.   I>.   B.  and   M..  Stanislaus  County 
and   Btah    of  California,  and  eonl  hundred  and 

,ur   and    6  hundredths    acn  s: 

hereby    authorized,    on     the    terms    and     conditions 
In  rein   contained,    to   bring   suit    against    I  Cali- 

fornia  in   any   court   of   competent   jurisdiction   in   said   s1 
t,,   quiel    title    to   said    land    or   to   any   portion    thereof,  and 
to    ;  to    final    judgmi  at.     Ti"     rules 

practice   in   civil   easi  a  relal  shall 

apply   to  such  suits  as  may  be  brought   under  tins  authori 
t  ion,  except   as   In  n  in  ol  I 

\  ny  such  suit    to  quiet  1  I  be  comn 

within  one  year  after  this  act   takes  effect. 


1223  STATE    ANALYST— STATE    CAPITOL.  Acts  3799-.180G 

Sec.  3.  At  the  time  of  filing  the  complaint  in  any  such 
suit,  the  plaintiff  shall  file  therewith  an  undertaking,  in 
such  sum,  not  less  than  five  hundred  dollars,  as  a  judge 
of  the  court  shall  fix,  with  two  sufficient  sureties,  to  be 
approved  by  the  judge  of  the  court,  and  conditioned  that, 
in  case  the  plaintiff  fails  to  recover  judgment  quieting  the 
title  of  such  plaintiff,  he  will  pay  all  costs  incurred  by  the 
state  in  such  suit,  including  a  reasonable  counsel  fee  to  be 
fixed  by   the   court. 

Sec.  4.  Service  of  summons  in  such  suit  shall  be  made 
on  the  governor  and  attorney-general.  It  shall  be  the  duty 
of  the  attorney-general  to  defend  all  such  suits. 

Sec.  5.  A  certified  copy  of  any  decree  rendered  in  any 
such  action  quieting  title  may  be  recorded  in  the  office  of 
the  county  recorder  of  Stanislaus  County  and  shall  there- 
after have  the  same  effect  as  if  such  decree  had  been  made 
in   the   superior  court  of  said  Stanislaus  County. 

Sec.  6.     This  act  shall  take  effect  immediately. 


TITLE  461. 
STATE  ANALYST. 
ACT  3799. 

To  provide  for  analyzing  the  minerals,   mineral  waters  and 
other  liquids   and   the  medicinal  plants   of   the   state  of 
California  and  of  foods  and  drugs  to  prevent  the  adul- 
teration of  the  same.      [Stats.  1885,  p.  43.] 
In   full   in  Appendix  to  Political   Code,   p.    1111. 


TITLE  462. 
STATE  CAPITOL. 
ACT  3804. 

To   provide   for   permanent   location   of   seat   of   government 
at   Sacramento.      [Stats.    1854,    p.   21.] 
Superseded  by  constitution,   art.   XX,   sec.   1. 

ACT  3805. 

Authorizing  issuance  of  state  bonds  for.      [Stats.   1871-2,  p. 

694.] 
This  act  authorized  the  issuance  of  bonds  to  the  amount  of  $250,000. 

ACT   3806. 

Employees  at.      [Stats.   1873-4,  p.  937.] 
Amended   18S0,   107;     1889,   449. 


>  '  .:     Y.    VTA 

ACT  3807. 

An  ad   authorizing  and  directing  t ho  board  of  state  c.ipitol 

lei    and    r<  pair    the    state    capita] 
bui'  Bre    proof,    rendering    :ill 

ind    making    an    appropriation 
th<  r.  for.      L:>  .   p.    177. J 


TITLE  463. 
BTATE    ENGINEBR 

ACT    ' 

To    jir. > \  \>\f    ■•  ration,    promote    rapid    drain- 

•  n     of     the    Sacramento 
;ii>    riven.      (Stats.    1877-8,   p.   634.] 

will,    which    reoden   the   atatuu   »n- 
This  act  created  the  office  of  state   engineer. 


TITLE  464. 
BTATI    FLOWBBb 

ACT  3816. 

An  aoi  bo  Beleei  end  a«loj.t  the  "polrlen  poppy"  as  the  state 
flower  of  California. 

[Ap  rek  2,  1908.     Stats.  1903,  p.  78,] 

The  ted    in   senate 

follows: 
poppy     (csehscholtzia)   is    hereby 
:.  and  adopted  as  the  state  flower  of  the 
dlfornia, 

^hall   be    in    force    and   effect   from   and 
after    its    passage. 


TITLE  465. 
BTATE    GEOLOGICAL   SURVKY. 
ACT  3821. 

tribotion   "f   reports  of.     [Stats.   1871-2,  p.  55.] 

>71-2,    924 


•J25  STATE    L\NDS.  Acts  SS25-SJ27 

TITLE  466. 

STATE    LANDS. 
ACT  3825. 
An   act   forfeiting   to    the   state   of   California    all   payments 

for  state   lands  where   a  fraudulent  title  was  sought  to 

be  obtained  thereto. 

[Approved  March  20,  1905.     Stats.  1905,  p.  388.] 

Section  1.  Whenever  it  shall  appear  by  final  decree  of 
any  court  of  competent  jurisdiction  that  title  to  any  lands 
subject  to  sale  by  the  state  of  California  was  obtained,  or 
sought  to  be  obtained,  by  fraudulent  means,  or  in  any  man- 
ner contrary  to  the  laws  of  this  state  relating  to  the  acqui- 
sition of  its  public  domain,  all  payments  made  in  the  in- 
terest of  said  fraudulent  title  shall  revert  to  the  state  of 
California  without  suit,  and  it  shall  thereupon  become  the 
duty  of  the  state  surveyor-general  and  ex-officio  register 
of  the  state  land  office  to  cancel  all  evidence  of  title  to 
any  land  embraced  in  such  fraudulent,  or  invalid  location, 
and  to   restore  said  land  to  public  entry. 

Sec.  2.  This  act  shall  take  effect  from  and  after  the  date 
of  its  passage. 

ACT  3826. 

An  act  providing  for  the  presentation  and  cancellation  of 
unloeated  school  land  warrants  of  the  state  of  Cali- 
fornia, issued  under  the  act  of  the  state  of  California, 
approved  May  3,  1852,  providing  for  the  disposal  of 
the  five  hundred  thousand  acres  of  land  donated  to 
the  state  of  California  by  the  government  of  the 
United  State0,  and  authorizing  the  controller  of  this 
state  to  draw  his  warrant  on  the  state  treasurer  for 
the  sum  of  two  dollars  per  acre,  in  favor  of  any  bona 
fide  owner  and  holder  of  any  such  land  warrant,  for 
every    acre    represented    by    any    such    land    warrant. 

[Approved  March  23,  1893.     Stats.  1893,  p.  181.] 

ACT  3827. 

An  act  to  provide  for  the  applications  for  purchase  of  six- 
teenth and  thirty-sixth  sections,  and  to  regulate  the 
application  for  purchase  of  such  sections,  and  requir- 
ing a  deposit  to  accompany  all  applications  for  the  pur- 
chase of  the  same. 

[Approved  March  20,  1889.     Stats.  1889,  p.  434.] 


Act  3827.  {§  1-3  STATi:     I.  « 

•  i.  and  thirty-sixth 

ication    to  any    portion  of 

the   sixteenth    and  thirty-sixth  sections  shall  be  accompanied 

in  addition  bo  the  fro  f ■  >r 
filing  '  by  law,  fur  which  th<  oeral 

shall  '    a    r<  c<  Ipt,  whic  shall   be 

■    r    in    pari    p-iviiK  nt    of    tho 

en ri  :ii<l  land.     Tf  the  applicant  shall  abandon 

ill  t'.-iii  to  make  [>r 

-  lid     lainl.    <>r    M    to    his 
i  n    tin-   tin  :    by   law.  or   if   his 

:i!'i  '  f  any  i 

\it    herein    contained,   the   twenty   dollars 
tbna  1  ^.r"  to  •  i]   fund,     tf  it   is  found 

thai  plication, 

r»r  that  the  *  the  land,  then 

the  snrv. 
in  for  a 

.:,*  so  paid,  and  ti>.   r<  aaon  why 
the  appli  or  perfected,  and  the 

•■■  him  of  th(    said  sur\ 

applicant,  or  his  as- 

a    w  irra  said   amount. 

Pilii 

■  >n    any    section    of    land 
!    under    the    provisions    of 
this  l"i!-  <1   by   the   ap- 

plies "r  I.  r,  shall  have 

ime   right   as  if   it   had    !•  rst  filing. 

Moneys  to   go   I  fund. 

limit  r    tt  of    this    a  '     tho    mom  ys    for- 

shail   be   paid   I 
urer  at  of  each    month,  and    must    be    placed    in 

1 '  md, ' '  to  thf 
eredit  of  the  county  in  which  the  lamls  applied  for  are 
situated.     When    any    moneys    ap     placed    in    "Tin     School 

lil    of   a   county,   th introller, 

at  the  m  --it  nt  with  the  controller  l>y  tin 

must     draw     his     warrant     upon     I 
treasurer   for   the   amount   in   the  fund   to   the   on  '!;<    of  the 
county;  provided,  that  the  direction  herein  to  the  i    . 1 1 r. »1 1«  r 


1227  STATE    LANDS.  Act  3S28 

is  exempted  from  the  operations  of  section  six  hundred  and 
seventy-two   of   the   Political   Code. 

ACT  3828. 

An  act  respecting  the  payment  in  full  by  holders  of  cer- 
tificates of  purchase  for  lands  sold  by  the  state  of 
California  prior  to  March  27,  1872,  and  for  which  the 
said  state  has  at  any  time  heretofore  issued  certificates 
of   purchase   to   subsequent   purchasers. 

[Approved  March  20,   1889.     Stats.   1889,  p.  428.] 

When  holders  of  certificates  of  purchase  of  state  lands 
deemed  to  have  forfeited  their  rights  therein. 

Section  1.  Whenever  application  has  been  made  to  pur- 
chase land  from  this  state,  and  payment  only  in  part  has 
been  made  to  the  treasurer  of  the  proper  county  for  the 
same,  and  a  certificate  of  purchase  has  been  issued  to 
the  applicant  prior  to  the  twenty-seventh  day  of  March, 
eighteen  hundred  and  seventy-two,  and  whenever  such  ap- 
plicant, his  assignee  or  assignees,  shall  have  failed  for 
five  years  to  pay  to  the  state  the  arrears  of  principal  or 
of  interest  due  to  the  state  for  said  land,  and  the  state 
shall  at  any  time  heretofore  have  issued  a  certificate  of 
purchase  for  the  same  land,  or  any  part  thereof,  to  a  sub- 
sequent purchaser,  then,  unless  the  holder  or  holders  of  such 
prior  certificates  shall  pay  the  entire  residue  of  the  inter- 
est remaining  unpaid  for  such  purchase  within  six  months 
from  and  after  the  passage  of  this  act,  such  holder  or  hold- 
ers shall  be  deemed  to  have  lost  all  right  to  the  land  de- 
scribed in  said  certificate,  or  to  complete  the  purchase  of 
such  land,  and  all  moneys  heretofore  paid  to  the  state  of 
California  on  such  purchase  shall  be  deemed  and  taken  to 
be  forfeited  to  the  state.  Nothing  herein  contained,  how- 
ever, shall  be  deemed  or  taken  to  give  to  or  confer  upon 
the  holder  or  holders  of  such  prior  certificates,  or  any  of 
them,  as  against  the  state  of  California,  or  any  subsequent 
purchasers  therefrom,  or  against  the  holders  of  subsequent 
certificates  of  purchase,  any  other  or  greater  right  to  the 
lands  herein  referred  to  than  is  now  held  by  the  holder  or 
holders  of  such  prior  certificates,  or  to  confer  upon  such 
holder  or  holders  any  new  right,  or  to  affect  or  impair  the 
rights  of  such  subsequent   purchasers   or  their  assigns. 


Acta  38^-3833  3TA  .  12?S 

I'rt  ■  —  Does    not 

h    I'riur    parehasi  r   nr    his    assigns 
■ 

•  1    a 
providi  '1.  t  liat  thii 

:..;■:.  H  itli- 

in    f. 

.  and  after  th< 

ill   the   following   aru: 

ACT 

I 
all  i!    "T    may 

>r  military 
Bl  its.    1897,   p. 

ACT 

ACT 

i    tin     title   ot 
(larch  y, 
p.  74.] 

tl«   to  tide   landa  adjacent   to   Land*   held 
l>uri>osos. 

ACT    3832. 

ral  to  sell  and 

lamia.      [App] 
25L] 

ACT    3833. 

To  for    the    purchase 

i]  irn 

I  Ap- 
proi    •  J 

.    !,      117,    4«3. 


1229  STATE    LIBRARY.  Acts  3834-3844 

ACT    3834. 

For    the    relief    of    purchasers    of    state    lands.     [Approved 
March  27,   1872.     Stats.    1871-2,   p.   587.] 
Amended  1877-8,   914. 
Cat.   Rep.    Cit.     46,   26;     62,   259;     C3,  30;     74,   112. 

ACT    3835. 

Entitled    "An    act    to    enable    purchasers    of    state    lands    to 
redeem   the   same,   where   their  titles   have   been  or  may 
hereafter   be    foreclosed   for   non-payment   of   interest." 
[Approved  March  7,  1881.     Stats.  1881,  p.  65.] 
Cal.    Rep.   Cit     115,   333. 
See  ante,   Act  2872. 

ACT  3836. 

To  provide  for  an  examination  into  the  sale  and  disposal  of 
state  lands.  [Approved  April  1,  1876.  Stats.  1875-6, 
p.  798.] 

ACT  3837. 

To  protect  bona  fide  settlers  upon  public  lands.     [Approved 
March   23,   1874.     Stats.    1873-4,   p.   543.] 
Cal.    Rep     Cit      105,    150;     loo,   151. 

ACT  3838. 

To  reserve  from  sale  the  north  half  of  section  sixteen  in 
township  seven  south  and  range  three  east,  Monte 
Diablo  meridian.  [Approved  April  1,  1876.  Stats.  1875- 
6,  p.  679.] 

ACT    3839. 

For   the   protection   of   settlers   on   public   lands    claimed   by 

the  state.     [Approved  March  10,  1S74.     Stats.  1873-4,  p 

327.] 

Amended   1881,   72.     See  Political  Code,   sees.   3441,   3443. 


TITLE  467. 
STATE    LIBEAEY. 
ACT  3844. 

State  library,  establishing  cabinet  department  in.  [Stats. 
1871-2,  p.  824.] 
"Further  duties  of  librarian  terminated  by  transfer  of  the  min- 
eral specimens  to  the  mining  bureau-  by  senate  concurrent  resolution 
No.  10  of  March  4,  1881  <  1SS1,  102);  transferred  to  Crocker  Art  Gallery, 
1887,    74,    chap.    LX."- Code    Commissioners'    Note. 


Acta»l9-S8o9  STATE    PRINTER-STATE    PRISONS.  U3d 

TITLE  468. 
ST  ATK    PRINTER. 
ACT    3849. 

&  fating  to.     [Stats.   187]  2,  p.  8fl.] 

■  e.    MO.    subJ.    4.    rvUtlng  to   sujxt- 

ting; 

ACT    3850. 

printing   offl  ~  .p.   554.J 


TITLE  469. 
:  i:   PBI8 

ACT 

To    '1'  lii  I     gOV<  ni    th.  •  '  lonl    oi    Cali- 

fornia, 1880,   p.   67.] 

■  hap.   CCLXIV. 

ACT    ;856. 

\.  in.      [St:its.   ISSi*.   p.    104.] 

Thl»  act   Is  In   full  in   th.    ] 

ACT   3857. 

Branch  state  prison  neaT  P  .'mil  maintenance 

of.     [St:ii -.  [873  i.  p.  785.] 

This  ml    is   In    full    U  70S. 

ACT    3858. 

Appropri  for    building    work-shops    and    prison 

buildings  ;i".     [Approved   hTarcfa   31,    1876. 

.  p.  843.] 

ACT    3859. 

.  in.  nt    ..f    tin-    I'X  j  ■  f    t  lie 

trial    ni     convicts    for    crin  in    tin 

•  II.  and  i.'  paj  '  lie  ti  i.-il  rj  con- 

j,  ,-iii.l  in   pay   for  ti"-  ■ 
in  ^  i i ■  I  prisou.     [81  •.  p.   13.  | 

This  act   Is   In   full    In    th.  iS8. 


125i  STATE    PRISONS.  Acts  3S60-.?M"> 

ACT  3860. 

Providing   for   the    erection    and    operation    of    rock-eras 

plants  at  the  state  prisons,  for  the  preparation  of  high- 
way material  for  the  benefit  of  the  people  of  the  state, 
and  providing  for  the  necessary  advances  and  appro- 
priation of  money  to  carry  out  said  work.  [Stats.  1895, 
p.  274.] 
In   full   In  the   Appendix   to  the   Penal   Code,   p.    710. 

ACT   3861. 

To   regulate   and   govern   the   operation   of  the   rock-crushing 
plant  at  Folsom,  to  provide  for  the  sale  of  crushed  rock 
and   the   disposition  of  the   revenues   derived  therefrom. 
[Stats.  1897,  p.  99.] 
In   full  in   the  Appendix  to  the   Penal   Code,   p.   713. 

ACT   3862. 

Directing  the  state  prison  directors  of  the  state  of  Cali- 
fornia to  employ  at  least  twenty  prisoners  in  the  con- 
struction of  roacis  to  the  state  prisons  at  San  Quentin 
and  at  .Folsom.  [Approved  March  12,  1903.  Stats. 
1903,  p.  127.] 
This  act  appears  in  full  in  Penal  Code,   Appendix,   p.   719. 

ACT  3863. 

To  protect  the  public  health,  to  prevent  the  introduction  and 
spreading  of  disease,  and  to  provide  for  the  protection 
of  the  health  of  criminals  under  sentence  on  a  con- 
viction of  a  misdemeanor.     [Stats.   18S3,  p.   280.] 

In   full    in  the    Appendix  to   the   Penal    Code,    p.    719.     This  act   pro- 
vided  for   the    cutting   of   the   hair   of   prisoners. 

ACT  3864. 

To  prohibit   the  sale   of   ardent   spirits  within  two   miles  of 
the   state   prison.      [Stats.    1855,  p.   108.] 
Superseded   by   Penal   Code,    sec.    172. 

ACT    3865. 

To  authorize  and  empower  the  state  board  of  prison  direc- 
tors to  purchase  California-grown  hemp,  to  be  used  in 
the  manufacture  of  grain  bags,  and  to  fix  the  price  at 
which  such  bags  shall  be  sold.  [Approved  March  16, 
1901.  Stats.  1901,  p.  515. J 
This  act  appears  in   full  in  Penal  Code,   Appen-dix,   p.    716. 


Acta  3866-3883  STATE    TREASURER-STATUTES.  1232 

ACT    3866. 

To  establish  a  board  of  parole  commissioners  for  the  parole 

°f  ?<?o\  g°vernmcnt   of   paroled   prisoners.     [Stats.   1893, 
p.  183. J 

Amended   1901,   82. 

In  full   In  Appendix   to  Penal   Code,   p.   721. 


ACT    3871. 


TITLE  470. 
STATE   TKK  USURER 


To   increase   the   number  of   clerks   in   the   office   of.     [Stats. 
1889,  p.  303.1 
Repealed    1895,    88. 


TITLE  471. 

STATUTE  OF  LIMITATIONS. 
ACT   3876. 

Respecting   limitation   of  actions.      [Stats.   1871-2,  p.   319.] 

Cal.    Rep.    Cit.     104,    4SG. 

Superseded   by   Code  of  Civil    Pr  .ordure,    sec.   348. 

This  act   appears   In    full    In   Code   of  Civil    Procedure,    Appendix,    p. 
to    actions    on    bankers'     certificates    of    deposit    found 
after  the  decease  of  a  party. 

ACT  3877. 

Defining   time    for   commencing   civil   actions,   supplementing 
act  of  April   22,    L850.  ^  [Stats.  1871-2,  p.  401.] 

Codified    and   superseded    l>y    Code   of   Civil   Procedure,    sec.    348. 

This  act  appears  In  full  in  Cole  of  Civil  Procedure,  Appendix,  p. 
787.  It  provided  that  there  should  be  no  limitation  against  banks  and 
trust  companies. 


TITLE  472. 
STATUTES. 
ACT  3882. 
To  abolish  all   laws  excepl    those   passed  during  the  present 

Bession.     [Stats.   1850,  p.  .: 42.] 
ACT   3883. 

Fixing  the  time  when  general  laws  shall  take  effect.     181 
I860,    ]>.    16.J 
Amended  1SG1.  77.    Superseded   by   Political   Code,  sec.   323. 


1233  STANISLAUS— STOCKTON.  Acts  3SSS  «3 

TITLE  473. 

STEAMBOATS. 
ACT  3888. 

To  guard  against  the  destruction  of  property  by  fire  by 
means  of  sparks  from  the  chimneys  of  steamboats  navi- 
gating certain  waters  of  this  state.      [Stats.  1857,  p.  121.] 

This  act  required  steamboats  on  the  San  Joaquin  or  Sacramento 
rivers  to  u=p  spark  catchers.  It  has  been  superseded  by  Political  Code, 
sees.    2374-2377. 


TITLE  474. 
ST.  HELENA. 
ACT  3894. 

Incorporating.      [Stats.  1875-6.  p.  444.] 
Amended    1877-8,    791.     Superseded    by    incorporating,    in    1889,    under 
the  Municipal   Corporation  Act  of  1SS3. 


TITLE  475. 
STOCKTON. 
ACT  3899. 

Beineorporating.      [Stats.   187J.-2,  p.  595,] 

Amended    1873-4.     193,    439;      1875-6,    523;      1877-8,    220.     Superseded    by 
the   charter   of    Stockton,    1S99,    577. 

ACT  3900. 

Assessor  of,  additional  powers  of.      [Stats.  1877-8,  p.  65.] 
Superseded    by    chax-ter   of   Stockton,    18S9,    514. 

ACT  3901. 

City   council   empowered  to  protect    city    from    inundation. 
[Stats.  1875-6,  p.  12.] 
Superseded  by  charter  of   that  city,   1889,    577. 

ACT  3902. 

Empowering  to  excavate,  widen,  and  open  Mormon  Slough. 
[Stats.  1871-2,  p.  540.] 
"Probably    superseded    by    charter    of    Stockton,    sees.    146    to    164. 
Stats.    1880,    612."— Code    Commissioners'    Note. 

ACT  3903. 

Eatifying  ordinance  No.  64.     [Stats.  1877-8,  p.  201.] 
This  act  authorized  the  receipt  and  disposal   of  certain   lands. 
Gen.  Laws- 78 


Acts  3D04-3y25 


ACT  3904. 


STCX  V 


To  pro vi fir-  for  the  construction  and  maintenance  of  an  open 
eanal  from  nr  a  Joaquin 

River,  for  sanitary  and  drainage  purposes,  and  to  appro- 
priate money  r.  [Approved  March  12.  1887, 
Stal                p.  109.] 

The  art  authorized  the  i  [recton  of  the  Insane  asylum  to  construct 
the  above  canal. 


TITLE  476. 

BTO  3LOTJGH. 

ACT  3909. 

Declaring  navigable.     [Stats.  1  ^71-2.  p.  117  ] 

Superseded   by   Political   Cade.    sec.    S49,    as  amended   1891.   9t. 


TITLE  477. 
BTBAWBEBBT  7ALLEY. 

ACT  3914. 

Defining  the  locality  of  the  village  of  Strawberry   Valley. 
[Stats.  l<5r,n,  p.  115.] 


TITLE    478. 
STBEET  BAILBOADB, 

ACT  3919. 

•  rning   street   railroads.      [Stats.    1868,   p.    29rt.] 

This,    act    provided    a    penalty    for    ovrrrhnrRee.    an  1    required 
panlec    to    furnish    tickets.     It    hns    been    superseded    by    the    Civil    • 
■  1.    505. 

ACT  3920. 

■  i  reet  railroads,     [Stats.  1869-70,  p.  4S1.] 

J0,    786:      1871-2.     615.     Probably    superseded    by    Civil 
Code,   sees.    I 

Cal.    Kep.    Clt.     43.    371. 


TITLE  479. 
BTBEETB. 

ACT  3925. 

An  act  to  provide  for  the  planting,  main  ten  ai 

shade  trees  upon  streets,  lanes,  alleys,  courts  and   j 


1235  STREETS.  Act  3925,  §§  1-3 

within  municipalities,  and  of  hedges  upon  the  lines 
thereof:  also,  for  the  eradication  of  certain  weeds  within 
city  limits. 

[Approved  March  11,  1893.     Stats.  1893,  p.  153.] 

Section  1.  All  streets,  lanes,  alleys,  places,  or  courts  in 
the  municipalities  of  this  state  now  open  or  dedicated,  or 
which  may  ^hereafter  be  opened  or  dedicated,  to  public  use, 
whose  grade  has  been  officially  established,  and  which  have 
been  actually  graded  in  conformity  therewith,  may  be  planted 
with  shade  trees,  along  the  edges  of  the  sidewalks  thereof, 
by  order  of  the  eity  council,  which  shall  have  power,  also,  to 
provide  for  the  maintenance  and  care  of  the  same;  and  the 
city  council  shall  have  power  to  prescribe  the  height,  thick- 
ness, and  manner  of  trimming  of  all  hedges  set  out,  or  that 
shall  hereafter  be  set  out,  along  the  line  of  any  street,  lane, 
alley,  place,  or  court  dedicated  to  public  use,  whether  graded 
or  not,  and  to  compel  compliance  with  its  ordinances  in  the 
premises  by  the  owners  or  occupants  of  the  lots  fronting 
thereon.  The  powers  hereby  conferred  upon  city  councils 
shall  be  exercised  in  the  manner  and  under  the  proceedings 
hereinafter  described. 

Sec.  2.  The  eity  council  of  any  municipality  in  the  state 
may,  at  its  discretion,  pass  a  resolution  of  intention  to  plant, 
or  cause  to  be  planted,  with  shade  trees,  any  graded  street, 
lane,  alley,  place,  or  court  within  the  limits  of  such  munici- 
pality. Such  resolution  of  intention  may  embrace  the  en- 
tire length  of  any  street,  lane,  alley,  place,  or  court,  or  any 
portion  thereof,  but  must  specify  the  kind  of  trees  to  be 
planted,  their  size,  age  and  their  distance  apart.  The  street 
superintendent  shall  thereupon  cause  to  be  conspicuously 
posted  along  both  sides  of  the  streets  mentioned  in  the  reso- 
lution at  not  more  than  three  hundred  feet  in  distance  apart, 
notices  of  the  passage  of  said  resolution.  Said  notice  shall 
be  headed  "Notice  to  plant  shade  trees,"  in  letters  not  less 
than  one  inch  in  length,  and  shall,  in  legible  characters,  set 
iorth  the  language  of  the  resolution  and  the  date  of  its 
passage.  The  city  clerk  shall  also  cause  a  copy  of  the  reso- 
lution to  be  published  for  six  days  in  one  or  more  d 
newspapers  published  and  circulated  in  said  city,  and  des- 
ignated by  said  city  council. 

Sec.  3.  The  owners  of  a  majority  of  the  frontage  of  the 
property  on  both  sides  of  the  street  proposed  to  be  planted  as 
aforesaid  may,  within  ten  days  after  the  expiration  of   the 


Act  39:5.   gg  4.  6  STREETS.  123f- 

time  of  publication  of  said  resolution,  fi !«•  tin  ir  writ- 
mi  nt  of  the  ol  with  the  city 

.  which  must  be  signed  by  tl  each  one  writ- 

his  or  her  name  the  T.ii  ml.-  r  of  fe<  t   f 
by  liiin  <>r  her.     Snob  ■  n  wherein  the  par- 

ties making  them  will  be  injured  or  i  by  the  pro- 

ft  work,  and  it  kind  of  trees  pro- 

to   be   mbstituted   therefor.     Th  •     II,   at    its 
next                             r   the   filing 

foi   hear                                   less  than   one   wi                    tcr. 

The  city  eh  rk   shall   tber<  upon   i  I    r.  or  his 

agent,  wl                                  r  h- r  nai  ment,  by 

I 

to  him  cir  her,  ]  the 
time  and  plai 

cil  shall  h(  ar  th(  ime, 

and     •  t    thai    in 

tii.  choice  of  '  'I  by  the 

writ  tin    r, 

on  1>  to  plant.     1 1 

th  •  objection  :;n:,fs  shall  be 

a  under  the  n 
the  date  of  il  I  to  plan  I 

mcil  shall 
no  action  had  boon  previously  tal 

of  the  time  of  publication  o  a,  if 

no    wri  1 1 i 

hare  been  filed  with  the  citj  ided, 

rwise,  immediately  upon    tl  ling  of  tl 

tioiis  by  the  council,  the  council  shall 
quired  jurisdiction  to  th<    work  whic 

authorized  by  this  act,  which  or.hr  Bhall  be  publi 
two  days  in  the  sai 
publical  ion  of  the  n  sorul  ion  of  in! 
s.  c,   5.     i  »i   the   pi 

the  city  council  shall  cause  noti. 
fications;  to  rpicuously  for  five 

door  '■   chamb<  r,   ai 

for  five  days  in  th<    same  manner  and  pa 
proyidi  '1  tor  the  publii  ation  oi 
inviting  Beaded   pr  for  1      i  for   furnish 

and  doing  th<  lered.     All  m  or 

price    lor    which    the    bi.hl   r    will    an  the 


1237  STREETS.  Act  3925,  g  5 

trees,  of  the  kind,  age,  and  size  required,  and  will  suitably 
prepare  the  ground,  set  out  the  trees,  warrant  every  one  of 
them  to  grow,  or  replace  all  that  fail  to  grow  or  receive 
damage  from  whatever  cause  with  others  of  the  same  kind 
and  of  suitable  age  ard  size  to  preserve  uniformity,  and  will 
for  three  years  care  for,  cultivate,  protect,  irrigate,  and  trim 
said  trees.  And  no  order  for  the  planting  of  any  street 
shade  trees  shall  be  made  that  does  not  likewise  provide  for 
the  care  and  maintenance  of  the  trees  for  three  years  by 
the  contractor  planting  the  trees.  All  proposals  or  bids  shall 
be  accompanied  by  a  check  payable  to  the  order  of  the  mayor 
or  president  of  the  city  council,  certified  by  a  responsible 
bank,  for  an  amount  which  shall  not  be  less  than  ten  per 
cent  of  the  aggregate  of  the  proposal.  Said  proposals  or 
bids  shall  be  delivered  to  the  clerk  of  the  ^ity  council,  in- 
dorsed "Proposals  to  plant  trees,"  and  said  council  shall, 
in  open  session,  examine  and  publicly  declare  the  same; 
provided,  that  no  proposal  or  bid  shall  be  considered  unless 
accompanied  by  said  check.  The  council  may  reject  all  pro- 
posals, should  it  deem  this  for  the  public  good,  and  shall  re- 
ject the  bid  of  any  party  who  has  been  delinquent  or  unfaith- 
ful in  any  former  contract  with  the  municipality,  and  may 
award  the  contract  to  the  lowest  responsible  bidder,  at  the 
prices  named  in  his  bid,  which  award  shall  be  approved  by 
the  mayor  or  president  of  the  council.  Notice  of  ruch  awards 
of  contracts  shall  be  posted  and  advertised  for  five  days,  in 
the  manner  hereinbefore  provided,  and  it  shall  be  the'  duty 
of  the  superintendent  of  streets  to  enter  into  a  contract  with 
the  bidder  to  whom  the  work  shall  have  been  awarded  by 
the  council,  and  at  the  prices  specified  in  his  bid;  whereupon 
the  certified  checks  of  all  the  other  bidders  shall  be  returned 
to  them,  respectively.  But  if  such  lowest  bidder  neglects, 
fails,  or  refuses,  for  fifteen  days  after  the  first  posting  and 
publication  of  the  award,  to  enter  into  the  contract,  then 
the  city  council,  without  further  proceedings,  shall  again  ad- 
vertise for  proposals  or  bids,  as  in  the  first  'nstance,  and 
shall  award  the  contract  for  said  work  to  the  then  lowest- 
bidder.  If  the  contractor  who  shall  have  taken  any  contract 
shall  not  complete  the  planting,  within  the  time  limited  in 
the  contract,  or  withiD  such  further  time  as  the  council  may 
give  him,  the  superintendent  of  streets  shall  report  such  de- 
linquency to  the  council,  which  may  relet  the  unfinished 
portion  of  the  planting  and  the  future  care  of  the  trees, 
after  pursuing  the  formalities  hereinbefore  proscribed  <x>r  the 
letting  of  the  whole  in  the  first  instance. 


•_•;,  §  j  6-9  .':ts. 

-     ill,  at    the   t •  !■  eating 

are  of  tri 

r  or  presi  l<  at  of  the  city 

eonncil,  with  I  the  ci t v 

in  BUCh   sums  v,.r  i>r  ]  i  >anct]   shall 

:  be   faith' 
tlic  and   tlio  sun  ti's  shall  juati  the  ra- 

r  or  juatic<    of  th  in  double  the  amount   bm  n 

tioned  '11  statutory  exemption. 

bom 
the  ■  n  mad(    i  I  be  eity  1 1 

urv    tli.' 

•  .1  under  the 

■ 
Ml  work  done  under  the  proviaoue  of  this  statute 
r  tii.-  •  1  i r-  the 

itv  it  shall  1"'.  aader  I 

,,t    ti lini.'il.   t"  see   that   all    I  I   by, 

con'-  thfully   complied   with. 

and  that   nil   trees  farau  '  from   in 

•Kill  certify  to  th >tnpletion  of  all 

work,   or   portion    of    work,    which,   by    the  the   <-on 

1   .  otitle  tin  u    whole  or  in 

i  ieh  payax 

■\c  due  under  tne  eonti 

r  tin-  proi 
of  tl 
wit:  Not  moi 

u  of  th. 
■ 
.:ii.l  for,  to  the  party  fornie 

• 
shall  i,:lv  implied  with;  the  remaining  one-half  I 

paid  al   I  he  i  nd  of  thr 
planl  litiona  shall   h. 

with. 

for   tin    ]•' 

an  aas(  ssnu  nl  due  foi 

in  BUCh   i  ling  all   ii 


1239  STREETS.  Act  3025,  5  'i 

upon  the  lots  and  land  fronting  on  the  street,  lane,  alley, 
court,  or  place  to  which  such  contract  relates,  each  lot  or 
portion  of  a  lot  being  separately  assessed,  in  proportion  to  the 
frontage,  at  a  rate  per  foot  front  sufficient  to  cover  the  total 
expenses  of  the  work.  Said  assessment  shall  briefly  refer 
to  the  contract,  the  work  contracted  for,  and  shall  show  the 
amount  to  be  paid  then  for,  together  with  any  incidental 
expenses,  the  rate  per  foot  front  assessed,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each  lot,  if  known 
to  the  assessor  (if  unknown,  the  word  "Unknown"  shall 
be  written  opposite  the  number  or  description  of  the  iot,  wfth 
the  amount  assessed  thereon).  And  the  assessor  shall  attach 
to  said  assessment  a  diagram,  exhibiting  the  stre<  t.  lane, 
alley,  place,  or  court  on  which  the  work  is  contracted  to  be 
done,  and  showing  the  relative  location  and  frontage  of  such 
lot,  numbered  to  correspond  with  the  numbers  in  the  assess- 
ment. To  said  assessment  shall  be  attached  a  warranjfc,  which 
shall  be  signed  by  the  superintendent  of  streets,  and  counter- 
signed by  the  mayor  or  president  of  the  council.  The  said 
assessments  and  warrants  shall  be  separately  issued  for  each 
payment  that  shall  be  due  the  contractor,  as  specified  in  sec- 
tion eight  of  this  act,  and  shall  be  substantially  in  the  fol- 
lowing  form: 

Form  of  the  Warrant. 

By  virtue  hereof,  I  (name  of  the  superintendent  of  streets), 

of  the  city  of  ,  county  of  ,  and  state  of  California, 

by  virtue  of  the  authority  vested  in  me  as  said  superintend- 
ent of  streets,  do  authorize  and  empower  (name  of  contract- 
or), his  agents  or  assigns,  to  demand  and  receive  the  several 
assessments  upon  the  assessment  and  diagram  hereto  at- 
tached, and  this  shall  be  his  warrant  for  the  same.. 

Date    ,  .      (Name  of  superintendent  of  streets.) 

Countersigned  by  (name  of  mayor  or  president  of  coun- 
cil.) 

Recorded  (date    ,  ).      (Name  of  superintendent  of 

streets.) 

Said  warrant,  assessment,  and  diagram  shall  be  recorded 
in  the  office  of  the  superintendent  of  streets.  When  so  re- 
corded, the  several  amounts  assessed  shall  be  a  lien  upon  the 
lands,  lots,  or  portions  of  lots,  assessed,  respectively,  for  the 
period  of  two  years  from  the  date  of  said  recording,  unless 
sooner  discharged.  From  and  after  the  date  of  said  record, 
all  persons  interested  in  any  manner  in  any  or  all  of  the  lots 


Act  3925.  §  §  10-U  STREETS.  1240 

assessed  shall  be  deemed  to   have  notice  of  the  contents 
said  record. 

10.     After  said  warrant,  m  shall 

have  been  recorded,  the  same  shall  !><■  delivered  to  the  ■ 
tractor,  his  agents  or  assigns,  on  demand,  who  shall  thereby 
be  authorized  to  demand  and  resn  ive  I 

oral  Tn    default    v.  -    i  n- 

fur.-i ,]  coll<  ctions,  inten  at, 
motion  of  srrors,  the  same  proceeding  be  had  ae 

iti<  (1   in   &  and 

seventeen  of  I    "An    act    to    provide   for   work 

lanes,  all<  *  Iks,  and 

for  the  construction  of  sewers  within   munici]  ap- 

proved  starch   eighteenth,  eighteen  hundn  ghty-five, 

tided   March   fourteenth,   eighteen   hundred   and    eighty- 
nine. 

Sec.  11.     Tin-   city   council   of  every   municipality   in   this 
state  has  jurisdiction   of  th  >   by 

prohibit  the  planting  of  thorn-bearing  hedges  and  tl 
barbedtwire  along  street  lines,  and  may  r 
width,  and  the  mode  of  trimming  hedges,  and  enforce  ordi- 
nances enacted  for  such  pur.  or  bther 
negligent  or  ri  cue  or  lands 
on  which  bed  Th' \  may  also  condemn 
:im   public   nuisances,   any   or  all    . 

ged  or  downy  nature,  and  are  Bpread  by  th.    winds,  and 
may  compel  the  eradication  of  such  weeds  by  rs  ot' 

the  lota  whereon  they  grow,  >>r  al   their 

Sec.   12.     The  city  council  or  trustees  of  every  municipality 
shall  provide  for  the  r<  placi  mi  i  I    Por 

the  trimming  and 

planted  fOT  three  or  more  years  in   th 
j,    win  tiier   such    planting   shall    hav<    been    done    under 
this  act   or  otherw  i  t   must   be  deft 

out  of  the  Btreel   fund,  and  the  work  be  done  by  the  super- 
intendent of  streets  of  such  municipal 

See.   13.     Th  uch   muni 

■  hall    by    vote   of    th  'herein    d( 

to  come  within  its   provisions. 

Bee.    L4.     This  act  shall  take  effect  from  ami  after  its  pas- 
sage. 


1241  STREETS.  Acts  3926,  3027,  §§  1-3 

ACT  3926. 

To    provide   for   the   improvement   of   streets,   etc.,    and    the 
construction    of    sewers    within    municipalities.     [Stats. 
1883,  p.  32.] 
Repealed    1885,    165. 
Cal.    Rep.   Cit.    69,   473;     73,   75;     73,    85;     98,    618. 

ACT  3927. 

An  act  to  provide  for  laying  out,  opening,  extending,  widen- 
ing, straightening,  or  closing  up  in  whole  or  in  part  any 
street,  square,  lane,  alley,  court  or  place  within 
municipalities,  and  to  condemn  and  acquire  any  and  nil 
land  and  property  necessary  or  convenient  for  that  pur- 
pose. 

[Approved  March  6,  1889.     Stats.   1SS9,  p.   70.J 

Repealed  as   to  cities  over  40,000,   act  3931,    post. 
Cal.    Rep.    Cit.     86,   39;     95,     458;     97,    13;     98,    616;     99.    540;     100,    435;     101, 
19;     101,    23;     101,    508;     101,    511;     102,    517;     104,    307;     109,    51;     115,    568; 
119,   165;     124,    277;     124,    336;     124,   340;     124,   505;     125,    640;     127,   6t>5;     132, 
236;     133,   6. 

Laying  out,  opening,  closing,  etc.,  streets,  lanes,  alleys,  etc. 
Section  1.  Whenever  the  public  interest  or  convenience 
may  require,  the  city  council  of  any  municipality  shall  have 
full  power  and  authority  to  order  the  opening,  extending, 
widening,  straightening,  or  closing  up  in  whole  or  in  part  of 
any  street,  square,  lane,  alley,  court,  or  place  within  the 
bounds  of  such  city,  and  to  condemn  and  acquire  any  and 
all  land  and  property  necessary  or  convenient  for  that  pur- 
pose. 

Eesolution  of  council  declaring  intention  to  perforin  stre«  t 
work. 
Sec.  2.  Before  ordering  any  work  to  be  done  or  improve- 
ment made  which  is  authorized  by  section  one  of  this  act, 
the  city  council  shall  pass  a  resolution  declaring  its  intention 
to  do  so,  describing  the  work  or  improvement,  and  the  land 
deemed  necessary  to  be  taken  therefor,  and  specifying  the 
exterior  boundaries  of  the  district  of  lands  to  be  affected 
or  benefited  by  said  work  or  improvement,  and  to  be  as- 
sessed to  pay  the  damages,  cost,  and  expenses  thereof. 

Street  superintendent  to  post  notice. 

See.  3.     The  street  superintendent  shall  then  cause  to  be 
conspicuously  posted  along  the  line  of  said  contemplated  work 


t.  5  151  ? 

or  improvement*  at  not  more  than  three  hundred  fort  in  dis 
tance    apart,    lmt    I  .in    all,    notices    of 

■M  t>e  headed  ' '  No- 
Public    Work,"   in    I  thin   one   bach    in 

fact  of  pas- 
of  the  n  :'-'.  tlie  work  or  im- 

itation for  t'urtln  r 
.-,    similar    in    Sub- 
stane. ,  to   be  published  of  ten  days  in  on< 

l  in  said  city, 
and  !  by  said  ncil;  or  if  there  is  no  daily 

i  in  said  city,  then 

.  cireulati  d,  and  designate  d, 

■ 

impr  •  ricl  or  land  •  to  b< 

tid   work   or  im  t,  and  to 

if,  may   m 

written  objections  to  the  same  within  after  tin 

piration  of  the  time  "t  the  publi  •'  said  notice,  which 

delivi  red  1  ncil, 

who   shall    in-:  by    him, 

ami  at  the  next  m  ouneil  af*  pira- 

tion  of  said   ti  n   daj  -   lay    - 

■  ■  il,  which   shall   fix  a   time   for   ' 
than    oni 
■ 

lid  city,  ; 
ag    prepaid,  addxi  Bsed  to  such  obj 

(unci!  to  be  final. 
s, ,-.  clfled  or  to  which  the  hearing 

djourni  d,  1 1"  council  shall  hi  nr  the  ol 

urged,  and  pass  upon  I  11  be  final 

and   conclusive.     It   Buch   ob  tainrd,    all    pro 

,., ,  i  toppi  d,  but  pro 

menced  at  any  time  by  giving  notice  of  i 

work   or   makt    said    im-  .v,  r 

ruled  by  the  city  c  mncil,  the  pr  l  continue  tin 

;.  .     At  the  expira- 
of   the    time    |  icb    obj< 

work    or    impl      •  tnaj     bi     and..  tion    sliall 

have    been    made,    or    If    an    objection    shall    liavi     been    iii 


1243  STREETS.  Act  3927,  §§  6-S 

and  said  council,  after  hearing,  shall  have  overruled  the  same, 
the  city  council  shall  be  deemed  to  have  acquired  jurisdiction 
to  order  any  of  the  work  to  be  done,  or  improvements  to  be 
made,  which  is  authorized  by  section  one  of  this  act. 

Jurisdiction. 

See.  6.  Having  acquired  jurisdiction  as  provided  in  the 
preceding  section,  the  city  council  shall  order  said  work  to  be 
done,  and  unless  the  proposed  work  is  for  closing  up,  and  it 
appears  that  no  assessment  is  necessary,  shall  appoint  three 
commissioners  to  assess  benefits  and  damages,  and  have  gen- 
eral supervision  of  the  proposed  work  or  improvement  until 
the  -completion  thereof  in  compliance  with  this  statute.  For 
their  services,  they  shall  receive  such  compensation  as  the 
city  council  may  determine  from  time  to  time;  provided, 
that  such  compensation  shall  not  exceed  two  hundred  dollars 
per  month  each,  nor  continue  more  than  six  months,  unless 
extended  by  order  of  the  city  council.  Such  compensation 
shall  be  added  to  and  be  chargeable  as  a  part  or  the  expenses 
of  the  work  or  improvement.  Each  of  said  commissioners 
shall  file  with  the  clerk  of  the  city  council  an  affidavit,  and 
a  bond  to  the  state  of  California  in  the  sum  of  five  thousand 
dollars,  to  faithfully  perform  the  duties  of  his  office.  The 
city  council  may  at  any  time  remove  any  or  all  of  said  com- 
missioners for  cause,  upon  reasonable  notice  and  hearing,  and 
may  fill  any  vacancies  occurring  among  them  for  any  cause. 

Commissioners  to  employ  assistance. 

Sec.  7.  Said  commissioners  shall  have  power  to  employ 
such  assistance,  legal  or  otherwise,  as  they  may  deem  nec- 
essary and  proper;  also  to  rent  an  office,  and  provide  such 
maps,  diagrams,  plan's,  books,  stationery,  fuel,  lights,  post- 
age, expressage  and  incur  such  incidental  expenses  as  tin  y 
may  deem  necessary. 

Expenses  to  be  a  charge  upon  the  particular  work  required. 
Sec.  8.  All  such  charges  and  expenses  shall  be  deemed  as 
expenses  of  said  work  or  improvement,  and  be  a  charge  only 
upon  the  funds  devoted  to  the  particular  work  or  improve- 
ment as  provided  hereinafter.  All  payments,  as  well  for  the 
land  and  improvements  taken  or  damaged,  as  for  the  ehaxj 
and  expenses,  shall  be  paid  by  the  city  treasurer,  upon  i 
rants  drawn  upon  said  fund  from  time  to  time,  signed  by 
said  commissioners,  or  a  majority  of  them.  All  such  war- 
rants shall  state  whether  they  are  issued  for  land  or  improve- 


Act  3927.  §  §  y,  10  STREETS.  V-41 

merits  taken  or  damaged,  or  for  charges  and  expenses,  and 
that  the  demand  ;s  payable  only  out  of  the  money  in  said 
fund,  and  in  no  event  shall  the  city  be  liable  for  the  failure 
to  collect  any  assessment  made  by  virtue  In  roof,  nor  shall 
said  warrant  be  payable  out  of  any  other  fund,  nor  [be]  a 
claim  against  the  city. 

Viewing  of  land — Examination  of  witnesses. 

See.   0.      Said  COmmi  Shall  proceed  to  view  the  lands 

described  in   the  resolution  of  intention,  and   may  examine 

witnesses  on  oath  to  be  administered  by  any  one  <>f  them. 

1  the  land  to  be  taken,  and  the  improvements 

affected,  and  considered  the  testimony  presented,  they  shall 

nth   all  diligence   to  determine   the   value  of  the  land 

and  the  damage  to  improvements  and  property  affected,  and 
also  •  ncident  to  said  work  or  im- 

],ri>\  5   determined    the   same   shall   pr<- 

upon  the  district  of  lands  declared  bene 
Cited,  the  exterior  boundaries  of  which  were  fixed  by  the  reso 
m  of  intention  provided  for  by  section  two  hereof. 

•  t   shall   be  made  upon   the   lands   within   said   district 

in  proportion  to  the  benefit   to  be  derived  from  said  work 

Or  improvement,  so  far  as  the  said  commission' rs  can  rea- 
sonablv  estimate  the  same,  including  in  such  estimate  th< 
property  of  any  railroad  company  within  said  district,  if  such 
there  be. 

Report  to  council  accompanied  with  a  plat  of  the  assessment 

district. 

10.  Said  commissioners  having  made  their  assessment 
of  benefits  and  damage,  shall,  with  all  diligence,  ra.il/ 
written  report  thereof  to  thl  city  council,  and  shall  accom 
their  report  with  a  plat  of  the  assessment  district  show- 
ing the  land  taken  or  to  be  taken  for  the  work  or  improvi 
ment,  and  the  lands  assessed,  showing  the  relative  location 
of  each  district,  block,  lot,  or  portion  of  lot,  and  its  dimen- 
sions, so  far  as  the  commission!  rs  can  reasonably  asc,  rtain 
the  -  ich  block  and  lot,  or  portion  of  lot,  taken  or  as- 

led    shall   be   designated   and    described   in   said    plat   by  an 
appn  imber,  and  in  ret'.  rene<   to  it  by  such  «b  seriptive 

number    shall    be    a    sufficient    description    "t     it     in    an\     suit 

to    condemn,    ami    in    all    respects.      When    the    re] 
aiol    plat    are    appi  the    city    council,    a    copy    of   said 

plat,    appropriately    designated,    shall    1m     tiled    by    the    i 
thereof  in  the  office  of  tin    recorder  of  the  county. 


1245  STREETS.  Act  3727/  §§  11-14 

Report,  what  must  specify. 

Sec.  11.  Said  report  shall  specify  ea.ch  lot,  subdivision, 
or  piece  of  property  taken  or  injured  by  the  widening  or 
other   improvement,   or   i  I  iierefor,   together   with    the 

name  of  the  owner  or  claimant?  thereof,  or  of  persons  inter- 
ested therein  as  lessees,  incumbrancers,  or  otherwise,  so  far 
as  the  same  are  known  to  such  commissioners,  and  the  par- 
ticulars of  their  interest,  so  far  as  the  same  can  be  ascer- 
tained, and  the  amount  of  value  or  damage,  or  the  amount 
assessed,  as  the  case  may  be. 

When  set  down  to  unknown  owners. 

See.  12.  If  in  any  case  the  commissioners  find  that  con- 
flicting claims  of  title  exist,  or  shall  be  in  ignorance  or  doubt 
a 3  to  the  ownership  of  an}'  lot  of  land,  or  of  any  improve- 
ments thereon,  or  of  any  interest  therein,  it  shall  be  set  down 
as  belonging  to  unknown  owners.  Error  in  the  designation 
of  the  owner  or  owners  of  any  land  or  improvements,  or  of 
the  particulars  of  their  interest,  shall  not  affect  the  validity 
of  the  assessment  or  of  the  condemnation  of  the  property  to 
be  taken. 

Filing  of  report  and  plat,  and  publication  of. 

Sec.  13.  Said  report  and  plat  shall  be  filed  in  the  clerk's 
office  of  the  city  council,  and  thereupon  the  clerk  of  said 
city  council  shall  give  notice  of  such  filing  by  publication  for 
at  least  ten  days  in  one  or  more  daily  newspapers  published 
and  circulated  in  said  city;  or  if  there  be  no  daily  paper, 
by  three  successive  insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published  and  circulated.  Said  notice  shall 
also  require  all  persons  interested  to  show  cause,  if  any,  why 
such  report  should  not  be  confirmed,  before  the  city  council 
on  or  before  a  day  fixed  by  the  clerk  thereof,  and  stated  in 
said  notice,  which  day  shall  not  be  less  than  thirty  days  from 
the  first  publication  thereof. 

Objections  must  be  in  writing. 

Sec  14.  All  objections  shall  be  in  writing,  and  filed  with 
the  clerk  of  the  city  council,  who  shall,  at  the  n<?xt  meeting 
after  the  day  fixed  in  the  notice  to  show  cause,  lay  the  sjud 
objections,  if  any,  before  the  city  council,  which  shall  fix 
a  time  for  hearing  the  same,  of  which  the  clerk  shall  notify 
the  objections  in  the  same  manner  as  objectors  to  the  originaJ 
resolution  of  intention;  at  the  time  set,  or  at  such  other 
time  as  the  hearing  may  be   adjourned   to,  the   city  council 


Act  30"  STREFTS  1246 

shall    hear    BUCh    i'1  upon    the   same;    and    at 

.  if  there  be  do  •  the  first  mi  • 

r  the  daj                    b  order  to  show  cause,  or  such  oth<  r 

ti™<  <s  upon  such  report, 

aad  may  eon  firs  .  or  may  order 

anient,    report,    and 

t,  which  slinll  be  filed,  notici    gives,  and  hearing  bad,  as 
in  th  I  report. 

Duty  noil. 

15.  The  cler]  -il  shall  forward  to 
the  Btreet  Bnperinl  of  1  of  the 
report,  assessment                  .  as  finally  confirmed  and 

by  '  I.     Such  ■                        shall  then 

the  roll.     1                                                thereol    by 

the  ot,  the  at               I    therein   contained 

*°*H  shall   he  n  lion   tfpon   all 

the    pw  -rilw-,1    therein. 

Hut-  r,  eeiring  certified  copy 

of  reporl  ociL 

16.  The  ball  thereupon 
give  noti  ....  |.,j|v 
newspapers  i    I                nd  circuit  I                >b  city  or  city  and 

• 

levied  ai 
•it  roll  are  -ln>-  and     payable  immedi- 
&  that  til-  payment  of  said  sumc 

liini  within   thirty   .lavs  from  the  date  of  tin-  first  publication 
-    id    notion    shall    also    contain    a    statement 
that    all  .;;,;, I 

thirty  days  will  l"   declared  to  be  delinquent,  and  that  th 

after  tin    sum  of  '  the  amount  of  each  do- 

liii'l'"  hi  _n  tin  r    with    the    COSl    of    a.! 

b    delinquent    ■■<  -  added    then  t,>.     win  n 

payment   of  any  a  id  superintendent 

ts,  ho  shall   wrn  rd   "Paid."  and   the   dal 

payment,  opp  paid,  and  the 

names  of  persons  by  or  for  who  raient   i.s  paid, 

and  shall,  if  so  required,  give  a  receipt  therefor.     On  th. 
piration  of  said  thirty  days,  all  assessments  then  unpaid  shall 
be  and  become  delinquent,  and  said  superb 

shall    certify    such    fact    at    tin     foot    of    said    a-  roll, 

and  shall  add  five  per  c<  nl   to  th  •  amount  ol  'out 


12*?  STREETS.  Act  3927,  §  1<S 

so  delinquent.  The  said  superintendent  of  Greets  shall, 
within  five  days  from  the  date  of  said  delinquency,  proceed 
to  advertise  and  collect  the  various  sums  delinquent,  and  the 
whole  thereof,  including  the  cost  of  advertising,  which  last 
shall  not  exceed  the  sum  of  fifty  cents  for  each  lot,  piece,  or 
parcel  of  land  separately  assessed,  by  the  sale  oi  the  assessed 
property  in  the  same  manner  as  is  or  may  be  provided  for 
the  collection  of  state  and  county  taxes;  and  after  the  date 
of  said  delinquency,  and  before  the  time  of  such  sale  herein 
provided  for,  no  assessment  shall  be  received  unless  at  the 
same  time  the  five  per  cent  added  thereto,  as  aforesaid,  to- 
gether with  the  costs  of  advertising  then  already  incurred, 
shall  be  paid  therewith.  Said  list  of  delinquent  assessments 
shall  be  published  daily  for  five  days  in  one  or  more  daily 
newspapers  published  and  circulated  in  such  city,  or  by  at 
least  one  insertion  in  a  weekly  newspaper  so  published  and 
circulated,  before  the  day  of  sale  of  such  delinquent  assess- 
ment. Said  time  of  sale  must  not  be  less  than  seven  days 
from  the  date  of.  the  first  publication  of  said  delinquent  as- 
sessment list,  and  the  place  must  be  in  or  in  front  of  the  of- 
fice of  said  superintendent  of  streets.  All  property  sold  shall 
be  subject  to  redemption  in  the  same  time  and  manner  as  in 
sales  for  delinquent  state  and  county  taxes;  and  the  superin- 
tendent of  streets  may  collect  for  each  certificate  fifty  cents, 
and  for  each  deed  one  dollar.  All  provisions  of  the  law.  in 
reference  to  the  sale  and  redemption  of  property  for  delin- 
quent state  and  county  taxes  in  force  at  any  given  time, 
shall  also  then,  so  far  as  the  same  are  not  in  conflict  with 
the  provisions  of  this  act,  be  applicable  to  the  sale  and  re- 
demption of  property  for  delinquent  assessments  hereunder, 
including  the  issuance  of  certificates  and  execution  of  deeds. 
The  deed  of  the  street  superintendent  made  after  such  sale, 
in  case  of  failure  to  redeem,  shall  be  prima  facie  evidence 
of  the  regularity  of  all  proceedings  hereunder,  and  of  title 
in  the  grantee.  It  shall  be  conclusive  evidence  of  the  ne- 
cessity of  taking  or  damaging  the  lands  taken  or  damaged, 
and  of  the  correctness  of  the  compensation  awarded  therefor. 
The  superintendent  of  streets  shall,  from  time  to  time,  pay 
over  to  the  city  treasurer  all  moneys  collected  by  him  on 
account  of  any  such  assessments.  The  city  treasurer  shall, 
upon  receipt  thereof,  place  the  same  in  a  separate  fund,  des- 
ignating such  fund  by  the  name  of  the  street,  square,  lane, 
alley,  court,  or  place  for  the  widening,  opening,  or  other  im- 
provement of  wheh  the  assessment  was  made.  Payments 
shall  be  made  from  said  fund  to  the  parties  entitled  thereto, 


27,  58  17,  18  STREETS.  1X48 

rants   signed    by    the   commissioners,   or    a    major- 
t  them. 

icntfl  for  land   anrl   imj  -.  when   and   how  made. 

;s    in    the    hands   of    tho 

to    the    proposed    work 

or  the   land     and    Improvements 

n  in  the  discretion  of  the  < 

rity   of    I  ill    have 

I    be   the   duty   of   the   cojn- 

•  he   own- 1  ■  -.    >i   occupant   of 

I  to  whom  damagt  a  shall 

h:iv.     b(  i  II    'iv  I     >n   drawn    for   t ho 

and  that  h<'  can  receive  such  warrant 
rs  npofl  t<  a  convey- 

• 
in  t  rs,  to  1 

■    his    last 
known  p]  [f  iration  of 

thirty  di  »it  of  such  mould   not 

1  ich    warrant,   and    tend 

of  t'  I  be  d<  pos- 

it) d  with  the  county  tr  all  be  d<  liv<  r<  d  to  such 

■ 

I   OB   shall   be   had, 

shall  b<   canc<  led. 

pt  pa\  merit. 
18.    If  n-  ts  or  re» 

the  warrant  drawn  in  -aid. 

*    as    to  >f    taking    Ins 

land,  the  eomn  the  appi 

be    taken   for   the  nal  ion 

1  by  law  undt  r  the  right  of  eminent  do- 
imptaint   i 
city  to  take  lemn  the  said  lands    or  an 

•  setl  ing  f 
• 
work  to  be  don<   shall  : 

the  municipality,  and  have  pi 
t  will  permit ; 
; .  d  shall   be  payabli 
portion  of  1  '  •  main  in  the  I  r 

ury,  so  far  as  the  Bame  can  be  appli 


1249  STREETS.  Act  3927,  §5  15,  3i] 

trial  and  judgment  entered,  or  preceding  an  appeal,  the  court 
may  order  the  city  treasurer  to  set  apart  in  the  city  treas- 
ury a  sufficient  sum  from  the  fund  appropriated  to  the  par- 
ticular improvement  to  answer  the  judgment  and  all  dam- 
ages, and  thereupon  may  authorize  and  order  the  municipality 
to  enter  upon  the  land  and  proceed  with  the  proposed  worK 
and  improvement.  In  case  of  a  deficiency  in  said  fund  to 
pay  the  whole  of  such  judgment  and  damages,  the  city  coun- 
cil may,  in  their  discretion,  order  the  balance  thereof  to  be 
paid  out  of  the  general  fund  ot  the  treasury  or  to  be  dis- 
tributed by  the  commissioners  over  the  property  assessed  by 
a  supplementary  assessment;  but  in  the  last-named  case,  in 
order  to  avoid  delay,  the  city  council  may  advance  such  bal- 
ance out  of  any  appropriate  fund  in  the  treasury,  and  reim- 
burse the  same  from  the  collections  of  the  assessment.  Pend- 
ing the  collection  and  payment  of  the  amount  of  the  judg- 
ment and  damages,  the  court  may  order  such  stay  of  pro- 
ceedings as  may  be  necessary. 

Duty  of  treasurer  on  payment  of  warrants. 

Sec.  19.  The  treasurer  shall  pay  such  warrants  out  of  the 
appropriate  fund,  and  not  otherwise,  in  the  order  of  their 
presentation;  provided,  that  warrants  for  xand  or  improve- 
ments taken  or  damaged  shall  priority  over  warrants  xor 
charges  and  expenses,  and  the  treasurer  shall  see  that  suffi- 
cient money  is  and  remains  in  the  fund  to  pay  all  warrants 
of  the  first  class  before  paying  any  ot  the  second. 

Supplementary  assessments,   when  may  be  orelered. 

Sec.  20.  if  after  f  e  sale  of  the  property  for  delinquent 
assessments  there  should  be  a  deficiency,  anel  there  should  be 
unreasonable  delay  in  collecting  the  same,  or  if  for  the  pur- 
pose of  equalizing  tne  assessments  supplying  a  deficiency, 
or  for  any  cause  it  appear  desirable,  the  commissioners  may 
8-  report  to  the  city  ceuncil,  who  may  order  them  to  make  a 
supplementary  assessment  and  report  the  same  in  mat 
and  form  as  the  original,  anel  subject  tc  the  same  procedure. 
If  by  reason  of  such  supplementary  assessment,  or  for  any 
cause,  there  should  be  at  any  time  a  surplus,  the  city  coun- 
cil may  appropriate  the  same  and  declare  a  dividend  pro  rata 
to  the  parties  paying  the  same,  anel  they,  upon  demand,  sli.iil 
have  the  right  to  have  tne  amount  of  such  pro  rata  dividends 
refunded  to  them,  or  credited  upon  any  subseq  .ent  assess- 
ment for  taxes  made  against  said  parties  in  favor  of  said 
city. 

Gen.   Law*— 79 


BTREBTB.  :xo 

■  le  d<  ft  etive  title. 
21.     If  any  title  attempted  to  b<  ■'  by  virtue 

of  this  ad   shall  bi    found  to  be  defective  from  ai 

i!  may  again  institute    pro.  [uire 

'i"  may  an- 

thorize  the  eommi  l  include 

tin    coat  t h * ■  r  wpplementary  provided 

in   tin  i,>n. 

Proceedings    when    boundaries    of    du  lands    affect 

the  whole  <  ■  i  t  y . 

If  the  city  council  deem  it  proper  that  tin 
darii  ■  of  the  districts  of  lai  d  to 

■  he  dami  j  f  any  wots  or  improve- 

mi nt   under  thin  act,  shall  include  the  wh  then   the 

comi  l  shall  proceed  in  a  summary  manner 

tn  purchase  the  lands  to  In'  taken  or  condemned   from   the 
owriers   and    claimants   tin-.  I      said    commissioners   and 

■  'I  claim  m  free  upon  1  i  bi 

paid  for  v-.j.i  lands  ann  value  tin' 

same,  and   shall   thereupon   make   a   summary  the 

city  eouneil.     Upon  final  confirmation  of  I 

mom  y  available  in  tin   city 
iry,  shnii  eause   I  be  cosl    no!   i 
plated  public  impi  apon  tin'  whoh   of 

tin-  taxable  proper  d  city,  and  to  be  included  in  and 

form   pai  gem  ral 

ami   with  like  effect   in  nil  tame  formed  :i 

part  of  tin-  oil  tad  wlnn    | 

shall  hav.  mcil  Bhall  cause  the 

land  required  to  be  paid  for  or  tin  tendered, 

ami  the  saiil  contemplated   public  iarprovemeni  rth- 

with  made  and  completed.     All  tin   pi  ..f  tin-  pr< 

ing  -ii-tioiid  not   in  conflict  with  this  section  shall  I" 
ble  thereto. 

of  wor.ls  ''work''  ami  "improvement." 

1.  Thr   wor.ls  "work"  ami  "iraprovei 
ii^i 'i  i:;  hall  include  all  work  mentioned  i 

on.-  of  this 

Notices  to  b(   posted  wlnn  publication  cannot  he  had. 
2.   In  ease  there  ;^  no  daily  or  weekly  or  semi-w< 

papi  rs    print,  il   ami   circulated    ii 

aa  are  herein  required  to  be  -nail 


1251  STREETS.  Act  3927,  §  23 

be  posted  and  kept  posted  for  the  length  of  time 
required  herein  for  the  publication  of  the  same  in  a  weekly 
newspaper,  in  three  of  the  most  public  places  in  such  city. 
Proof  of  the  publication  or  posting  of  any  notice  provided 
for  herein  shall  be  made  by  affidavit  of  the  owner,  publisher 
or  clerk  of  the  newspaper  or  of  the  poster  of  the  notice. 

Construction  of  words  "municipality"  and  "city." 

3.  The  word  "municipality"  and  the  word  "city"  shall 
be  understood  and  so  construed  as  to  include  all  corporations 
heretofore  organized  and  now  existing,  or  hereafter  organ- 
ized, for  municipal  purpose. 

Construction  of  terms  "street  superintendent"  and  "superin- 
tendent of  streets." 

4.  The  terms  "street  superintendent"  and  "  superintend- 
ent of  streets,"  as  used  in  this  act.  shall  be  understood  and 
so  construed  as  to  include,  and  are  hereby  declared  to  in- 
clude any  person  or  officer  whose  duty  it  is,  under  the  law, 
to  have  the  care  or  charge  of  the  streets,  or  the  improve- 
ment thereof,  in  any  city.  In  all  those  cities  where  there 
is  no  street  superintendent  or  superintendent  of  streets,  the 
city  council  thereof  is  hereby  authorized  and  empowered  to 
appoint  a  suitable  person  to  discharge  the  duties  herein  laid 
down  as  those  of  street  superintendent  or  superintendent  of 
streets;  and  all  the  provisions  hereof  applicable  to  the  street 
superintendent  or  superintendent  of  streets  shall  apply  to 
such  persons  so  appointed. 

Construction  of  term  "city  council." 

5.  The  term  "city  council"  is  hereby  declared  to  include 
any  body  or  bo&rd  which,  under  the  law,  is  the  legislative 
department  of  the  government  of  any  city. 

Construction  of  terms  "clerk"  and  "city  clerk." 

6.  The  terms  "clerk"  and  "city  clerk,"  as  used  in  tin's 
act,  is  hereby  declar<  d  to  include  any  person  or  officer  who 
shall  be  clerk  of  said  city  council. 

Construction  of  terms  "treasurer"  and  "city  treasurer." 

7.  The  term  "treasurer"  or  "city  treasurer,"  as  used  ir 
this  act,  shall  include  any  person  or  officer  who  shall  have 
charge  and  make  payment  of  the  city   funds. 


8.  No  'ions  or  notice  other  than  Mint  provided  for 

in  thi*  acl  ahal!  be  necessary  to  givr  validity  to  any  proceod- 
r<  and<  r. 

b<  fore  passage  of  this  act  to  be  con- 
tinued by  resolution  of  council. 

24.     The  and     any     work     or     improvc- 

•.    such  i   fur   in    this  :i   f.   already   com- 

ted,  and    :  der  any  other  act  now  in 

Force,   or   by   virti  j    ordinance  by   any   eity 

•  r  board  of  bu]  of  any  city,  county,  or  eity 

■  bt  r   ad    now   in    force,    may 

ich    proc<  ■  ready    commenced 

and  now  :  tinned  under  this  act  by  reaolu- 

il.     The    said    work    or    improvement 
lucted    under    the    provisions   of   this 
with   full    for  in    all   t<  rom    the   Bl 

nf    Buch    proci  indeT   such    otl  >r   ordinal 

aid    from    which    such    resolution    shall    declare    an    i 

toon  or  intention   to  havi    said  work  or  improv<  tnent  <■■ 
under  such  other  and  continue  under  this 

I     from    Buch    election    so   made,   all    proceedings 
ire    had    under    such    otln  r    act   or  ordinance 
hereby    ratified,    corifin  .    and    it    shall 

b(  ry    to    rei  londuet    over   again    pi d 

inga   had   and  r   such   tfther  aet  or  ordinance.     This  section 

ply   to   any  work  or  Improvement,   proceed 
in     which     were     commenced     more    than     eighteen    month* 
prior  to  the  passage  of  1Mb  act. 

Act  to  be  liberally  const  r 

Sec.  25.  The  provisions  of  this  act  shall  be  liberally 
construed  to  promote  the  objects  thereof.  This  act  shall 
1:iV;,.  .  ]  be  in  foice  from  and  after  its  past 

ACT   3928. 

An   act    to    provide    for    the  laying   out,   opining,   extending, 
widening,    or    str  whole    or    in    pari 
public  Bi  8|  courts,  and   -} 
within    municipali  the    condemnation     of     prop- 
erty   in  for    Buch    plir; 
for"  the    establishment    oi  itricts    and    the 

;    property  therein   to   pay   the   expene 
such   improvi  nu  ot. 

[Approved   March  .   p.   376.] 


1253  STREETS.  Act  392S,  §§  1-1 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Whenever  the  public  interest  or  convenience 
may  require,  the  city  council  of  any  municipality  shall 
have  full  power  and  authority  to  order  the  laying  out, 
opening,  extending,  widening,  or  straightening,  in  whole 
or  in  part,  of  any  public  street,  square,  lane,  alley,  court,  or 
place  within  such  municipality,  and  to  acquire,  by  con- 
demnation, any  and  all  property  necessary  or  conveniei^l 
for  that'  purpose. 

Sec.  2.  Before  ordering  any  improvement  to  be  made, 
which  is  authorized  by  section  one  of  this  act,  the  city 
council  shall  pass  an  oidinance  declaring  its  intention  to 
do  so,  describing  the  improvement,  and  the  land  necessaiy 
or  convenient  to  be  taken  therefor,  and  specifying  the 
boundaries  of  the  district  to  be  benefited  by  said  improve- 
ment, and  to  be  assessed  to  pay  the  expense  thereof, 
and  to  be  known  as  the  assessment  district. 

Sec.  3.  The  street  superintendent  .shall  thereupon  cause 
to  be  conspicuously  posted  along  all  streets  and  parts  of 
streets  within  the  assessment  district  described  in  said 
ordinance,  at  not  more  than  three  hundred  feet  in  dis- 
tance apart,  notices  (not  less  than  three  in  all)  of  the- 
passage  of  said  ordinance.  Said  notices  shall  be  headed, 
"Notice  of  Public  Work,"  in  letters  not  less  than  one  in  ch- 
in length,  shall  be  in  legible  characters,  and  shall  state 
the  fact  and  date  of  the  passage  of  said  ordinance,  and 
briefly  describe  the  improvement  proposed,  and  refer  to 
said  ordinance  for  further  particulars.  He  shall  also 
cause  a  notice  similar  in  substance  to  be  published  for 
a  period  of  five  days,  in  a  daily  newspaper  published  and 
circulated  in  said  municipality,  and  designated  by  said 
city  council  for  that  purpose,  or  if  there  is  no  such  daily 
newspaper,  then  by  four  successive  insertions  in  a  weekly 
newspaper  so  published,  circulated,  and  designated. 

Sec.  4.  Any  person  interested,  objecting  to  said  im- 
provement, or  to  the  extent  of  the  assessment  district 
described  in  said  ordinance  of  intention,  may  file  a  wri ' 
protest  with  the  clerk  of  the  city  council,  within  thirtv 
days  after  the  first  publication  of  the  notice  required 
section  three  of  this  act.  The  clerk  shall  indorse  on  every 
such  protest  the  date  of  its  reception  by  him,  and,  at  the 
next  regular  meeting  of  the  city  council  after  the  ex- 
piration of  the  time  for  filing  protests,  shall  present  to 
said  city  council  all  protests  so  fileel  with  him.  Tf  such 
protests    are    against   the    said   improvement,    and   said    city 


Act  S92S,  §§  5,  6  STREETS.  12U 

council    finds    that    the    same    are    signed    by    thr    owners    of 

a    majority   of    the    frontage   of    the    property    fronting   on 

streets    <>r    [.arts    of    streets    within    said    assessment    district, 

all    further   p>  rg    andei  ^ai.l   ordinance   of   intention 

shall  be  barred,  and  no  new  ordinance  of  intention  for  the 
same  improvement  shall  be  pawed  within  six  months  after 
the   presentation   of  such    pi  •   the   < - i t  \-   council,  un- 

less tin    owners  of  a  majority  of  the,  frontage  of  the  prop- 
erty   fronting   .>n    streets   ..r   parts   ..t'   streets    within   sai.l 
I    shall   in   the   tman   time  petition   there- 
for.    It'    such    protests    art    against    the    improvement,   and 

the    council    finds    that    the]  •  d    by    thi     owin  rs 

of  a   majority  of  the   fi  \i    the   property  fr  ating  on 

streets   or   parts  within    th<'   assessment   district, 

<.r   if   su.di    protests   are   only   against    the    extent     of    the 
nl    district,    the   couh*cil    shall     hear    said   protests 
at    Baid  or    -rit    any   time    to   which   the   hearing 

thereof  may  )><•  adjourned,  and  pass  upon  the  same,  and 
its  d  ihaH  be  final  b  .If  Buch  prol 

further  proceedings  shall  be  had  ondeT 
said  ordinance  <>f  intention,  hut  a  new  ordinance  of  in- 
tention   for   the   Barae   Impn  •  ;'    '",N 

time.      Tf    BUCh     pr  proceedings     shall 

continue    as    if    su.di     protests    hid    not     L.  en     made.      At    the 

D    of    the    tinv    within    which    DTOt  he    filed, 

if  none  are  filed.  ..r  if  protests  are  filed,  and  after  hearing 

are     denied,     as     al.ovo     provided,     then      opon      such     denial, 
the    city      coun.il      shrill      acquire    jurisdiction      to     order 
improvement    d(  scribed    in    the   ordinance   of   intention. 

">.     Having  acquired    jurisdiction,   tl  »ouncil, 

shall,   by   ordinance,   order  sai.l    improvement    t..   be    i 
and  direct  an  a.tion  t..  be  brought  by  the  city  attorney,  in 
the  proper  superior  court,  in  th<  C  the  municipality, 

tor  the  condemnation  of  the  property  necessary  or  con- 
venient   to    be    takes    therefor.     Such   ordinal  not 

iribe    the    prop<  rty    to    be    tak<  n,    nor    th 
district,  hut  may  refer  to  the  ordinance  of  intentio 
particulars. 

6.      Said    netion    must    he    brought    within 
after    the    passagt     of    the  •  ring    tin 

m.nt,  hut  tin  cuncil  may.  by  ordinance,  extend  the  time 
for    the    bringing    of    BUCh    action.      S  '     shall,    in    all 

respects,   he   subjecl    t..  and  •   by  such   rules  of  the 

<  '..de  of  <'i\  il   Procedun    i  I   may  he  I 

aft.r  adopted,  as   may   b<    applicable   thei  t   in   tin 

particulars  otherwise  provided   for  in    this  act. 


1255  STREETS.  Act  3928,  §§      10 

See.  7.  The  complaint  shall  set  forth,  or  state  the  effect 
of,  the  ordinance  of  intention,  and  the  ordinance  ordering 
the  improvement,  bnt  need  not  set  up  any  other  proceed- 
ings had  before  the  bringing  of  the  action.  Said  ordinances 
shall  be  conclusive  evidence,  in  such  action,  of  the  public 
necessity  of  the  proposed  improvement,  and  also  that  the 
same  is  located  in  the  manner  which  will  be  most  compati- 
ble with  the  greatest  public  good  and  the  least  private 
injury. 

Sec.  8.  If  a  jury  is  waived  by  the  defendants,  or  any 
of  them,  the  court  must  appoint  three  disinterested  persons 
referees,  to  ascertain  the  compensation  to  be  paid  to  such 
defendants  waiving  a  jury.  Such  referees  must  be  resi- 
dents of  the  municipality  where  such  improvement  is  to 
be  made,  and  over  the  age  of  twenty-one  years,  and  must 
take  and  file  with  the  court  an  oath  to  discharge  their 
duties  faithfully  and  impartially.  If  any  of  such  referees 
fails  to  qualify,  or  resigns,  or  is,  or  becomes,  unable  to 
act,  the  vacancy  so  created  shall  be  filled  by  the  court. 

Sec.  9.  The  referees  shall  at  once  proceed  to  view  the 
lands  sought  to  be  condemned,  and  ascertain  the  com- 
pensation proper  to  be  paid  to  such  of  the  parties  interested 
in  each  parcel  thereof  as  have  waived  a  jury.  They  shall 
have  power  to  examine  witnesses  under  oath,  to  be  ad- 
ministered by  any  of  them,  and  may  have  subpoenas  issued 
by  the  clerk  of  the  court  requiring  the  attendance  of  wit- 
nesses, or  the  production  of  evidence  before  them.  They 
shall,  as  soon  as  practicable,  make  and  file  with  the  court 
a  written  report  of  their  findings,  and  also  of  the  number 
of  days  spent  by  them  in  the  matter  of  such  reference, 
and  of  their  necessary  expenses.  Any  two  of  such  referees 
who  agree  thereto,  may  make  such  report. 

Sec.  10.  The  referees  or  jury,  as  the  case  may  be,  shall 
find  separately: 

pirst — The  value  of  each  parcel  of  property  sought  to 
be  condemned,  and  all  improvements  thereon  pertaining 
to  the  realty,  and  of  each  separate  estate  or  interest 
therein; 

Second — If  any  parcel  of  property  sought  to  be  con- 
demned is  only  a  part  of  a  larger  parcel,  the  damages 
which  will  accrue  to  the  portion  not  sought  to  be  con- 
demned, and  to  each  separate  estate  or  interest  therein, 
by  reason  of  its  severance  from  the  portion  sought  to  be 
condemned,    and    the    construction    of    the    improvement    in 


Act  392S,  §§  12-15  STREETS.  1JM 

the  manner  proposed  by  the  plaintiff.  Such  damages  must 
be  fix.  il  irrespective  of  any  benefit  from  such  Improvement. 

tt  such  report,  the  court  must, 
on  motion  of  any  party,  appoint  a  day  for  bearing  the 
sami  of  the  time  and   place  <>t'  saiil  hearing  must 

lo  served  on  all  the  parties  who  have  answered  at  least 
five    days    before     the    time    appointed.      \t    said    hearing, 

any  the   action    may   appear   ami    file    hifl   exceptions, 

in    writi.  ■!    report,    and  the    same.     After 

hearing   the   report,   and   any   exceptions   thereto,   the  eourt 

may  confirm   tin     report,  or  may   modify  it  ami  confirm  it 

Red,  <>r   may   Bet   it   aside  and   order  a   new   report, 

from     tli"   same    referees,   or   1'roni    mu    referees   to   be    ap- 

•  ■  d.      If     m  w  ■!,     the     same     pro- 

as  upon  '  i 

d  confirmation  of  tin-  report  of  the  referees, 

and     receipt     of    the     Verdict     of     the    jury,     the    court     shad 

make  and  enter  an  interlocutory  judgment  in  accordance 
with  such  report  and  verdict,  adjudging  that  upon  pay- 
ment tn  tin  reap  -.  "r  into  court  for  their 
ben<  tit,  of  the  several  amounts  found  due  them,  as  com- 
linn,    and    of    '                   I    allowed    to    them,    the    property 

involved  in  tin-  action  shall  b  condemned  to  the  use  of  the 
plaintiff,   and    dedicated    to    tin  ified    in    the    • 

plaint,      Tin'    court    shall    allies     to    the    T<  I  -    tfl 

l>c  pa''<l  by  the  plaintiff,  n  reasonable  compensation  for 
their  sirvicis,  noi  exceeding  fi\«  dollars,  each,  for  each 
day  necessarily  > j ■<  'it  in  the  matter  of  the  reference,  and 
their  m  '••  ssa  ry  expenses. 

i  may  be  taken  from  such  interlocutory 

judgment    within    thirty    days    from    the    entry    thereof,    and 

any  ord  ig  or  den;  \    trial   within   ten 

try   then 

See.    It.     The   City   COUH  at   any   time    prior   to   Che 

payment    of    the    compensation    awarded    the    defendants, 

don   the   proci  I  he  said 

action    to   be   dismissed,   without    prejudice;    and    if   any   of 

the  i  'I'd  tit  paj    the  expense  of  the  improve- 

rir    provided,    shall     have    been     actually 

paid  in  money  at  the  time  of  such  abandonment,  the  same 

shall     lie     refunded     to     the     persons     by     whom     thy     \. 

paid. 

1".  Upon  the  i  ntry  of  tin1  interlocutory  judgm<  r.t, 
thJ  city  council  shall  order  the  -ity  engiiuir,  or  if  there 
be  no  cit\  r,  any  civil  enbinecr  whom   it   may   employ 

for    that    purpose,    to    makl     and  i  he    street    super- 


1257  STREETS.  Act  3928,  §  §  16,  IT 

iutendent,  a  diagram  of  the  improvement  and  of  the  prop- 
erty within  the  assessment  district  described  in  the  or- 
dinance of  intention.  Said  Qiagram  shall  show  the  land 
to  be  taken  for  the  proposed  improvement,  and  also  each 
separate  lot,  piece,  or  parcel  of  land  within  the  assess- 
ment district,  and  the  dimensions  of  each  such  lot,  piece, 
or  parcel  of  land,  and  the  relative  location  of  the  samr> 
to    the    proposed    improvement. 

Sec.  16.  The  street  superintendent,  upon  receiving  the 
said  diagram,  shall  proceed  to  assess  the  total  expense 
of  the  proposed  improvement  upon  and  against  the  lands, 
including  the  property  of  any  railroad,  within  said  assess- 
ment district,  except  the  land  to  be  taken  for  such  im 
provement,  in  proportion  to  the  benefits  to  be  received  from 
said  improvement.  The  total  expense  of  the  improvement 
so  to  be  assessed  shall  include  the  amounts  awarded  to  the 
defendants  by  the  interlocutory  judgment  in  the  action  for 
condemnation,  the  compensation  and  expenses  of  the 
referees,  as  allowed  by  the  court,  and  all  other  costs  of 
the  plaintiff  in  such  action,  the  expenses  of  making  the 
assessment,  and  all  expenses  necessarily  incurred  by  said 
city,  in  connection  with  the  proposed  improvement,  for 
maps,  diagrams,  plans,  surveys,  searches  and  certificates 
of  title  to  the  property  to  be  taken,  and  all  other  matters 
incident  thereto. 

Sec.  17.  The  street  superintendent  shall  make  the  said 
assessment  in  writing.  Such  assessment  shall  describe 
each  lot,  piece,  or  parcel  of  land  assessed  for  said  im- 
provement, and  shall  designate  each  such  lot,  piece,  or 
parcel  of  land  with  an  appropriate  number.  The  street 
superintendent  shall  also  designate  each  such  lot,  piece, 
or  parcel  of  land  on  said  diagram,  with  the  number  corre- 
sponding with  the  number  thereof  in  said  assessment, 
and  said  diagram  shall  thereupon  be  attached  to  and  be- 
come and  be  deemed  to  be  a  part  of  said  assessment. 
Such  assessment  shall  show  the  total  sum  to  be  raised 
thereby,  as  hereinbefore  provided,  and  also  the  items  of 
such  total  sum,  and  opposite  each  lot,  piece,  or  parcel  of 
land  assessed,  the  amount  assessed  thereon,  and  the  name 
of  the  owner  thereof,  if  known  to  the  street  superintend- 
ent; or  if  the  owner's  name  is  unknown,  the  word  "Un- 
known" shall  be  written  instead  of  such  name.  Anj^  error 
or  mistake  in  the  designation  of  the  owner  of  any  lot, 
piece,  or  parcel  of  laud,  or  in  the  particulars  of  his  interest 
therein,   shall   not    affect   the    validity    of    the    assessment. 


;s-:i  BET8.  Ml 

pleted    the 

itl    th(    diagram 

attach*  .1  aforesaid, 

■acta 
filing   by    pul  days    in    a    daily 

r  published  and  circulated  in  the  city,  or  if  there 
be  i  ssi  vi    insert 

in   a  i   and  circulated 

*  ill    require    :ill    person*    interested     to     Hie     with 

'.    their  ol  ny   they   bai  a,   to   the  con- 

firm, i,   within  thirty   days  after  the 

•tice,    which    d<t1  ■• 

.shall     1.. 

'1  be  in   writing   and   shall  le 

eribed    in 

notn  hen  "t".     The      clerk 

shall,  at   •  .  il  after 

tin     i  \ i  :  i.-iy  said 

•  filed   with  him,  before  the 

i    :ill  siu'h  objections  at 

Baid  which   the   hearing 

l  In  r-  .if    :i  ,.  at. 

and  lify,   or  <  x  an  at,   ,.i- 

may    ord<  r    a    in  v.  Q    lik(     \<r- 

1"     had,  as    in    I  enl : 

or   if   :  li'  ri    '•••  do  1  shall,  at    any    !-■ 

lax  meel  the  expii  the  time  for  Sling  ob- 

jii-r  and  th(     action    oi    the 

Council    upon    BUCh  •  "t     shall    be    Una' 

and  in  tin    | 

Sec.    BO.     Th<>   cli  rk    of    tho   council    shall    tbareapoa    'li- 
nt    tin'    :•  • 
firmed    by    the    city    council,    with    his    certificate    of    Bnefa 

•    super- 
intendent    shall      thereupon     record  ent     anil 
;;nii  in  hi                                 blc    book  to  be  kept  tor  thai 
purpose,  ami   append    thereto   bis   certificate  of  the   date  of 

■i.l    Bucb    n  cord    shall    b< 
roll.     From    I  ich    recording    nil  -hail 

be  ili '  m<  'I   to   hai 
ment-roll.     [n  '      irding,    tin 

ontaim  d      in  •  at  roll    shall 

conn      dvit-    ami     payable,    ami     each     of     such 
shall    In'   a    lii  a   ii|  i 

21.     Tin  any     property    assessed,     who    i- 

entitled    to    compensation     under     tin     award    made     by 


1259  STREETS.  Act  392S,   !j  22 

interlocutory  judgment,  may,  at  any  time  after  such  as- 
sessment becomes  payable,  and  before  the  sale  of  said 
property  for  nonpayment  thereof,  as  hereinafter  provided, 
demand  of  the  street  superintendent  that  such  assess- 
ment, or  any  number  of  such  assessments,  be  offset  against 
the  amount  to  which  he  is  entitled  under  said  judgment. 
Thereupon,  if  said  amount  is  equal  to  or  greater  than  such 
assessments,  including  any  penalties  and  costs  due  there- 
on, the  assessments  shall,  be  marked  "Paid  by  offset"; 
and  if  the  said  amount  is  less  than  the  assessments,  and 
any  penalties  and  costs  due  thereon,  the  person  demanding 
such  offset  shall  at  the  same  time  pay  the  difference  to 
the  street  superintendent  in  money,  and  the  assessments 
shall,  on  such  payment,  be  marked  paid,  the  entry  show- 
ing what  part  thereof  is  paid  by  offset  and  what  part  in 
money.  In  either  case,  as  a  condition  of  the  offset,  such 
person  must  execute  to  the  city  and  deliver  to  the  street 
superintendent  duplicate  receipts  for  such  part  of  the 
amount  due  him  under  said  interlocutory  judgment  as  is 
offset  against  such  assessments,  penalties,  and  costs.  One 
of  said  duplicate  receipts  shall  be  filed  by  the  street  super- 
intendent in  his  office,  the  other  shall  be  filed  with  the 
clerk  of  the  superior  court,  and  on  such  filing,  the  city 
shall  be  entitled  to  a  satisfaction  pro  tanto  of  said  inter- 
locutory  judgment. 

Sec.  22.  The  street  superintendent  shall,  upon  the  re- 
cording of  said  assessment,  give  notice,  by  publication  for 
ten  days  in  a  daily  newspaper,  published  and  circulated 
in  such  municipality,  or  by  three  successive  insertions  in 
a  weekly  newspaper,  so  published  and  circulated,  that  said 
assessment  has  been  recorded  in  his  office,  and  that  all 
sums  assessed  therein  are  due  and  payable  immediately, 
and  that  the  payment  of  the  said  sums  is  to  be  made  to 
him  within  thirt'y  days  after  the  date  of  the  first  publica- 
tion which  date 'shall  be  stated  in  the  notice.  Said  notice 
shall  also  contain  a  statement  that  all  assessments  not 
S  before  he  expiration  of  said  thirty  days  will  become 
ehnquent,  and  that  thereupon  five  per  cen  upon  the 
amount  of  each  such  assessment  will  be  added  thereto. 
When  payment  of  any  assessment  is  made,  the  street  su- 
perintendent shall  mark  opposite  such  assessment  he 
word,  "Paid,"  the  date  of  payment,  and  the  name •  ot  the 
person  by  or  for  whom  the  same  is  paid,  and  shall,  it  so 
requested,  give  receipt  therefor.  On  the  expiration  oj  said 
period  of  thirty  days,  all  assessments  then  unpaid  shall 
become   delinquent,   and   the   street   superintendent   shall   cer- 


STREETS.  12G0 

nt   roll,  and  mark 
nt,"  &ad   add  five  per  cent 
iinquent, 

ndent    shall,    within    ten 
j .   b<  gin    the   jiiiii- 

of   the   di  .    which    list 

■  ■i    property   de- 
linq  gainst    ea<  ii    description,    the 

mi    the    a^  roll,    and 

the  amount  of  th<  Ity,  and   rusts  due,   in- 

9  shall    nu' 

I    •  ich    lot,    [ii<  oe,   <>r    ] 
of    I  i ,.i  linti  adent 

slml!  uad    publish    with    said    delinquent    I 

I     d<  Linqu  -  i  h.  r 

paid,   the    propi  rty 

;    at    pub- 

u  d  place  •  ifled  in  t 

:     •■!     ;•  11    days, 

municipality, 

must     DOt 

aftei   the 
expii  and 

the  :n,    or   in    froi 

tli>     BtTl  •  t    BU]  nt. 

h  delinqui  ncy,  and   prior 

::d     drlin- 

o 

•  valty.     BJ  tin  n 

ofa   payment   is 
mad<  rat   publication   of   the   list    of   delinq 

i  int<  ndent     shall     th<  r< 
mark    si;.  ...    prorldi 

.!<•,    the   street   super* 
int<  ■  hour  of  I  enee 

the  rty     adv  the 

numerical  ord>  r  of 

:     land    until    all    are    sold;    provided,    that 

lie    ■  ..     to    day 

until    all    the    pro]  Each    lot,    piece   or    p 

of   land   -  r<  d   fur  salt    si  pa- 

rately,  and   tl  who  will   take   the   least   quantity    "t 

land,    and    then    and  tl                      thi     amount    id'    th< 

mi  nt,    penalty,   ai  Deluding                              tiie 


1261  STREETS.  Afct  3928,  §£  -''■■  -7 

street  superintendent  for  a  certificate  of  sale,  shall  become 
the  purchaser.  In  case  there  is  no  purchaser,  for  any  lot, 
piece  or  parcel  of  land  so  offered  for  sale,  the  same  shall 
be  struck  off  to  the  municipality,  as  purchaser,  and  the 
city  council  shall  appropriate  out  of  the  general  fund  of 
the  treasury,  the  amount  required  for  such  purchase,  and 
shall  order  the  city  treasurer  to  place  the  same  in  the 
special  fund  for  such  improvement.  No  charge  shall  be 
made  for  the  certificate  of  sale  when  the  municipality  is 
the   purchaser. 

Sec.  26.  After  making  the  sale,  the  street  superintend- 
ent must  execute,  in  duplicate,  a  certificate  of  sale  setting 
forth  a  description  of  the  property  sold,  the  name  of  the 
owner  thereof,  as  given  on  the  assessment  roll,  that  said 
property  was  sold  for  a  delinquent  assessment,  (specifying 
the  improvement  for  which  the  same  was  made),  the 
amount  for  which  such  property  was  sold,  the  date  of  sale, 
the  name  of  the  purchaser,  and  the  time  when  the  pur- 
chaser will  be  entitled  to  a  deed.  The  street  superin- 
tendent must  file  one  copy  of  such  certificate  in  his  office, 
and  deliver  the  other  to  the  purchaser,  or  if  the  munici- 
pality is  the  purchaser,  to  the  clerk  of  the  council,  who 
shall  file  the  same  in  his  office.  On  the  filing  of  the  copy 
of  such  certificate  in  the  office  of  the  street  superintendent, 
the  lien  of  the  assessment  shall  vest  in  the  purchaser,  and 
is  only  divested  by  a  redemption  of  the  property,  as  in 
this  act  provided.  The  street  superintendent  shall  also 
enter  on  the  assessment  roll,  opposite  the  description  of 
each  piece  of  property  offered  for  sale,  a  description  of 
the  part  thereof  sold,  the  amount  for  which  the  same 
was  sold,  the  date  of  the  sale,  and  the  name  of  the  pur- 
chaser. 

Sec.  27.  A  redemption  of  any  parcel  of  property  sold  for 
delinquent  assessment  may  be  made  by  any  party  in  in- 
terest, at  any  time  prior  to  the  execution  and  delivery  of 
a  deed  therefor,  by  paying  to  the  street  superintendent  the 
amount  for  which  the  property  was  sold,  and  in  addition 
thereto,  ten  per  cent  thereon  if  paid  within  three  months 
from  the  date  of  sale;  twenty  per  cent  if  paid  within  six 
months;  thirty  per  cent  if  paid  within  nine  months;  forty 
per  cent  if  paid  within  twelve  months,  or  fifty  per  cent  if 
paid  at  any  time  after  twelve  months.  When  redemption 
is  made,  the  street  superintendent  shall  note  that  fact  on 
the  duplicate  certificate  of  sale  on  file  in  his  office,  and 
deposit  the  amount  paid  with  the  city  treasurer,  who  shalj 
credit   the   purchaser   named   in   the   certificate   of   sale   with 


Act  ISM.  I  3  STREETS  1J61 

Mid    amount,    and  inch    purcl 

his  r    of    tlio 

and  jnmcnt   thereof,  if  any. 

Whrn   the   municipality  is  the  pi 

nut'r  council  of  the  redemption,  and  Mi<-li 

;>on   cancel    tin  tc   of   sale   on    file 

in  nil 

•     any    time    after    the    expiration    of     tv 

■ 
application,    if    such 
with  the  pro* 

.    in     whicl 

I,   unless   the 

rutin 

- 

-      -  -'in  nt 

■ 
foUD  ■ 

must     file     with     t 

i    the 

■ 
wlii' 


IKJ  STREETS.  Act  ::a:s,  $> 

assessment  shall  be  made  until  the  purchaser  or  his  as- 
signee has  complied  with  all  tie  as  of  this  section, 
and  filed  the  proper  affidavits  with  the  street  superinten- 
dent. 

Sec.  29.  The  deed  of  the  street  superintendent  shall  be 
prima  facie  evidence  of  the  truth  of  all  matters  recited 
therein,  and  of  the  regularity  of  all  proceedings  prior  t<. 
the    execution   thereof,    and    of   title   in    the   grantee. 

Sec.    30.     The    street    superintendent    shall,    from    time    to 
time,    pay    over    to    the    city    treasurer    all    moneys    colh 
by  him  on  account  of  a  under  the  pro- 

visions   of    this    act.     The    city  r    shall,    on    rei 

thereof,  place  the  same  in  a  special  fund,  designating  such 
fund  by  the  name  of  the  improvement  for  which  the  assess- 
ment was  made. 

Sec.  31.  As  soon  as  there  is  sufficient  money  in  the 
hands  of  the  city  treasurer,  in  the  special  fund  devoted  to 
the  proposed  improvement,  to  pay  the  amounts  awarded 
to  the  defendants  by  the  interlocutory  judgment  in  the 
action  of  condemnation,  or  such  p;irts  thereof  as  have  not 
been  paid  by  offset  against  assessments,  as  hereinbefore 
provided,  the  said  amounts  shall  be  paid  to  the  parties  en- 
titled thereto,  or  into  court  for  their  benefit.  On  satisfactory 
proof  being  made  to  the  court  of  payment  of  the  amounts 
awarded  by  the  interlocutory  judgment  to  the  respective 
parties  entitled  thereto,  or  into  court  for  their  benefit,  it 
shall  direct  the  interlocutory  judgment  to  be  satisfied,  and 
shall  make  and  enter  a  final  judgment,  condemning  the 
lands  described  in  the  complaint  to  the  use  of  the  plain- 
tiff for  the  purposes  specified  in  such  complaint. 

Sec.  32.  In  case  of  a  deficiency  in  the  fund  for  such 
improvement,  the  city  council,  in  its  discretion,  may  pro- 
vide for  such  deficiency  by  an  appropriation  out  of  the 
general  fund  of  the  treasury,  or  by  ordering  a  supplemen- 
tary assessment  to  be  made  by  the  street  superintendent 
upon  the  property  in  said  assessment  district  in  the  s 
manner  and  form,  and  subject  to  the  same  procedure  as 
the  original  assessment,  and  in  the  last  named  case,  in  or- 
der to  avoid  delay,  the  city  council  may  advance  such  de- 
ficiency out  of  the  city  treasury  and  reimburse  the  trc 
from  the  collections  under  such  supplementary  assessment. 
In  case  of  a  surplus  in  the  fund  for  such  improvement,  tie 
city  council  may  order  such  surplus  refunded  pro  rata  to 
the*  parties  who  paid  the  assessnu  nts. 


Act  3928,    §§  ZS-S  KTS.  1264 

g    words    and    phrases    shall,    where 
us.  d  in  tl 

(1)  The  terra  lea  :ill   the  Improve- 

t   this  act. 

unicipalU  "city,"   include   all 

sties,    \i  I  other  corj 
;■  municipal   purpoai 

mcil"  and  "coaneil,"  include  any 
I  in  which  by  ited  the  legislative  pow- 

lerk"   anil   "city   clerk,"   indud 
council. 

irer,"    in- 

■      i  ;•■   and    m&ki  B   pay- 

■  1.  nt. ' '  Includi  b  any  per 
son  by  law  to  have  the  care  or 

•       -       '.in    any    city. 

iperintendent,   the 

cUv  -         '      »o     appoint     a     suitalde 

-     i  •"  iperintendent, 

■  1   all   the  provisions   hereof  ap- 

.:        ,      to     the 

r    •    •  kly     newspaper 
publi  i    in    the    city,   then    such    notices   and 

di  linqui  nt    li  red    to    !"•    published 

in   g  •  ret    "t"   the   nn«st   pub 

li,.    p]  of  time  n  quired   here- 

in   f        •  in    a    w.ekiv    ii.  wspapt  r. 

•  ban   that    providi  d   in   this 
to   any   prqc<  i  din;:- 
had  th<  r.  nnd<  r. 

•'  of   publication   of  any   notice   required  by 

this  a.t  shall  I"-  made  by  affidavit,  .as  provided  in  the  Code 

dure,    and    proof   of    the    posting   of   any   such 

I,,, tic.    -liill    1'.    made  by   the  affidavit  of  the  person   posting 

forth    the    fa  1  ing1    such    pos: 

all  in    ii,  I  any  officer  who  is  required  by  this 

publish*  >i   or  to  obtain   an  I 

davit  or  affidavits   in    : 
trided    that    hi-   failure   so   to  do  shall   DO  lid 

ity   of  any    pi  -   under   tto 

idence  ol 
,    b    publication    or    . 


1265  STREETS.  Act  392»,  §  1 

Sec.  36.  This  act  shall  in  no  wise  affect  an  act  entitle:), 
"An  act  to  provide  for  laying  out,  opening,  extending, 
widening,  straightening,  or  closing  up,  in  whole  or  in  part, 
any  street,  square,  lane,  alley,  court,  or  place  within 
municipalities,  and  to  condemn  and  acquire  any  and  all 
land  and  property  necessary  or  convenient  for  that  pur- 
pose," approved  March  6,  1889,  or  amendments  thereto,  or 
.any  other  acts  on  the  same  subject,  or  apply  to  proceedings 
had  thereunder,  but  it  is  intended  to  and  does  provide  an 
alternate  system  of  proceedings  for  making  the  improve- 
ments provided  for  by  this  act;  and  it  shall  be  within 
the  discretion  of  the  city  council  of  any  municipality  to 
proceed  in  making  such  improvements,  cither  under  the 
provisions  of  this  act,  or  under  the  provisions  of  such  other 
acts;  but  when  any  proceedings  are  commenced  under 
this  act,  the  provisions  of  this  act,  and  of  such  amend- 
ments thereof  as  may  be  hereafter  adopted,  and  no  other, 
shall  apply  to  all  such  proceedings,  and  any  provisions  con- 
tained in  said  acts  or  any  acts  in  conflict  with  the  pro- 
visions hereof  shall  be  void  and  of  no  effect  as  to  the 
proceedings  commenced  under  the  provisions  of  this  act. 
The  election  of  the  city  council  to  proceed  under  the  pro- 
visions of  this  act  shall  be  expressed  in  its  ordinance  of 
intention  to  order  the  work  done. 

Sec.  37.  The  provisions  of  this  act  shall  be  liberally  con- 
strued to  promote  the  objects  thereof.  This  act  may  be 
designated  and  referred  to  as  the  "Street  Opening  Act  of 
1903,"  and  shall  take  effect  and  be  in  force  upon  its  passage 
and  approval. 

ACT  3929. 

An    act    to    provide    for   local    improvements    upon     streets, 

lanes,    alleys,    courts,     places,     and    sidewalks,     and     for 

the    construction   of   sewers   within    municipalities,   such 

act  to  be  known  as  "The   Local    Improvement    Act  of 

1901." 
[Became     a    law    under    constitutional    provision     without 

governor's  approval,  February  26,  1901.       Stats.  1901,  p. 

34.] 
Cal.    Rep.    Cit.     142.    TOO. 
The  people  of  the  state  of  California,  represented  in  senate 

and  assembly,  do  enact  as  follows: 

Section    1.     All    streets,    lanes,    alleys,    places,    or    courts 

in   the   municipalities   of   this   state,   now  open  or   dedicated, 

or   which   may   hereafter   be   opened   or   dedicated   to   public 

use,  shall  be  deemed  and  be  held  to  be  open  public  streets, 

Gen.  Laws— 80 


lam  ■,  for    the    pur 

r<  by 

■  it'      s:ti.| 

Bi     the 

■I     '.villi  'l    to 

I    in 
rein- 

or     eonveni<  nc< 
may 

.   i 
in    I 

ed   or   r. 
!    i>r    r>  p 

r   r< 
^rri .  m  ft  <]    <>r 

ll  «nii  - 

turn 

nr    to    ur!.  r    ! 

' 

•    •••'•  .11     nf     • 
H 

and 
i  -.    with   outl<  ♦-;,    for   drain- 

■    • 

ich   \v«irk. 

I 
'      two       f    this    act, 
•  ;.in    rif.  ■ 
I    work    to  I.    if 

'       then        ■    •     i  pnr- 
■ 

■ 

til.      with 
nlity   the    r<  port     calli  d     £pi 

■ 

1.    \  the  work   to  be  • 

Inolod  '    proc<    ding; 


1287  STREETS.  Act  3929,  $  5 

2.  A  description  of  the  exterior  boundaries  of  the  district 
which  will  be  benefited  by  the  proposed  improvement  arc! 
should  be  specially  assessed  to  pay  the  cost  thereof; 

3.  Plans,  profiles,  cross-sections  and  specifications  of 
the  work  required  in  order  to  accomplish  said  improve- 
ment; 

4.  An  estimate  of  the  expense  of  said  improvements,  de- 
ducting therefrom  the  estimated  cost  of  so  much,  if  any, 
of  said  improvements  as  may  be  by  law  required  to  be 
done  by  railroads  having  tracks  upon  the  streets  affected; 

5.  A  map  showing  the  district  above  referred  to,  and  also 
the  subdivisions  of  the  property  within  said  district,  as 
ascertained  by  said  engineer,  each  of  which  subdivisions 
shall  be  given  upon  said  map  a  separate  number  in  red 
ink; 

6.  A  list  referring  to  the  said  subdivisions  upon  said 
map  by  the  respective  red  ink  numbers  thereof,  and  show- 
ing the  names  of  the  owners,  if  known,  otherwise  desig- 
nating them  as  unknown,  and  the  valuations  of  said  re- 
spective subdivisions,  as  the  same  appear  upon  the  last 
assessment  roll  of  said  municipality,  if  they  so  appear, 
otherwise  as  estimated  by  said  engineer,  also  the  dimen- 
sions, areas,  and  his  estimates  of  the  benefits  which  the 
respective   parcels  will  receive  from  said  improvement; 

7.  An  estimate  of  all  incidental  expenses  likely  to  be  in- 
curred in  connection  with  the  work,  such  as  clerical,  en- 
gineering, inspection,  printing  and  advertising. 

See.  5.  After  the  report  of  the  engineer  provided  for 
in  the  next  preceding  section  has  been  filed  with  the  clerk 
of  the  municipality,  the  legislative  body  of  said  munici- 
pality shall  consider  the  same  and  shall  have  power,  by 
resolution,  to  adopt  the  same  as  filed  by  said  en  ^ineer,  or 
as  modified  by  the  legislative  body,  and  levy  the  as 
ment  accordingly,  but  the  same  shall  not  constitute  a  lien 
until  all  parties  interested  have  had  an  opportunity  to  be 
heard  as  hereinafter  provided;  in  the  same  resolution  the 
legislative  body  shall  set  forth  the  following; 

1st.  The  rate  of  interest  to  be  charged  upon  deferred 
payments; 

2d.  The  time  to  be  allowed  upon  deferred  payments; 

3d.  The  rate  of  interest  to  be  allowed  upon  bonds  issued 
to  cover  deferred  payments; 

1th.  The  time  for  which  bonds  issued  to  cover  deferred 
payments  are  to  run; 


Act  3929.  §fi  6.  7  i;TS.  U» 

iv     :iTii]     hour    when     an.l     where    any    and    all 

.|.p.  ai   I  jhow 

.   if  any   tiny   have,   why   snid    impi  provided 

Cor  in  Baid   res  tarried  ont  ia   sccord- 

anee   therewith;    Baid    I  i   than    thirty    nor 

s:iid 
r  •  ion ; 

6th.    \  tlOB    "f    I  >f    tin-    .lis- 

tricl    declared    by    the    legislativi    ba  I    by 

-  and 

!.-|ll         11  «  1 1         ' 

•,  and   i:  'ii   tin1   h  gislative 

body   shall    pro^  id< .    i ;  that  the  n  "rk 

tion  shall  include  maintenance   I 

•  I   oumbi  r  of  id  ri  solu- 

• 

A  ft.  r    the    ■  itation    mentioned 

in    st.-.  tii. n    fl ,  ■ 

in  t h n  t-  ct'  tl  pnblie  places  within  the  municipality, 

and 

w  ithin   tbi  t,  at   not   in.>r.'  ths  i  I  feet  in 

■    • 

t  imi 

Imp]  of    n"t 

ii,    :iii«l    shall     in 

the 

and    liru  fly 
and    r-  for   t.. 

the 

I   in  any   i  te  within  the  limits 

tri.'t    thl  D 

tin-    said    I  mi  r  ilution    Bh 

nut    be    eam<  >\    oat    in 

sha!;  tain    a    .1 

the   resolution   by 
Bcription    t..    be 

hearing,    and 

1    circulation,    published    within    the    munii 

f.!inn    in    which    the    imj 
:..  fore  tbi  i  'ng. 

\  t     thi     tiini     nam.  •!    in    tin 
provided    for   for  Baid   hearing   there  shall   bi    filed 


1269  STREETS.  Act  3929,  §§  Jj-10 

legislative  body  an  affidcvit  that  the  notice  has  been  posted 
as  hereinbefore  provided  for,  and  an  affidavit  of  the 
printer  0r  publisher  of  the  newspaper  in  which  said  no- 
tice has  been  published  that  the  same  has  been  pub- 
lished as  hereinbefore  provided  for,  and  the  legislative 
body,  before  proceeding  with  said  hearing,  shall  have  en- 
tered upon  the  minutes  of  the  meeting  an  order  reciting 
that  notice  of  said  hearing  has  been  posted  and  published 
according  to  law,  and  such  recitals  shall  be  conclusive  evi- 
dence of  the  facts  therein  recited,  and  the  legislative  body 
shall  thereupon  proceed  with  the  hearing  of  any  objec- 
tions which  shall  have  been  made  in  writing  and  filed  with 
the  clerk  of  the  municipality  not  later  than  the  hour  for 
hearing  named  in  said  notice,  and  no  other  objections 
shall  be  considered.  Said  hearing  may  be  continued  from 
time  to  time  by  the  legislative  body,  and  all  parties  inter- 
ested shall  be  deemed  to  have  notice  of  said  continuances. 
All  objections  must  be  in  writing,  must  contain  a  descrip- 
tion of  the  property  in  which  the  objector  is  interested, 
and  set  forth  the  nature  of  his  title  thereto  or  interest 
therein,  and  must  state  the  objector's  grounds  of  opposi- 
tion, and  must  be  signed  and  verified  by  the  objector  him- 
self, or  his  attorney  in  fact,  and  objections  which  do  not 
comply  with  these  requirements  shall  not  be  considered  by 
the  said  legislative  body. 

Sec.  8.  At  the  close  of  the  hearing  provided  for  in  the 
preceding  section,  the  legislative  body  shall  pass  a  reso- 
lution setting  aside,  modifying,  or  confirming  the  resolu- 
tion provided  for  in  section  five  hereof,  and  where  the  same 
is  confirmed  or  modified,  the  lien  of  the  assessment  pro- 
vided for  therein  shall  immediately  become  attached  to  the 
respective  parcels  of  land  in  accordance  with  said  confirmed 
or  modified  resolution. 

See.  9.  Any  action  to  contest  an  assessment  levied  by 
the  legislative  body  of  any  municipality  under  the  terms  of 
this  act  must  be  commenced  within  thirty  days  after  the 
entry  upon  the  minutes  of  such  legislative  body  of  the  reso- 
lution provided  for  iu  the  preceding  section  hereof;  and 
any  appeal  from  a  final  judgment  in  such  an  action  must 
be  perfected  within  thirty  days  after  the  entry  of  such 
judgment. 

Sec.  10.  After  the  expiration  of  thirty  days  from  the 
passage  of  the  resolution  provided  for  in  section  eight 
hereof,  the  clerk  of  the  municipality  shall  transmit  to  the 
tax  collector  of  the  municipality  the  map  and  list  provided 


JT70 

tively,  <'f    section 

i  <  tt-   by  the  legislative 

;    i  ay   actioi  been 

ol  i  hie  r<  sulu- 
tion    referred 

until    sii  finally    d<  t<  r- 

mine  i|. 

.     II.      I  tbe    man    nn': 

to  in  thi  ■  ,   t  he   tax   colli  ctor   <d   t  Be 

iniii 

-i  i. -ill 

i    tnstaUnu  ol  - 
. 

ui    which 
dati     of    all    pay- 
menl  d   by   bun;   and   t;  dumu 

in   k  hich  Bhall   bi 
to    i  ndei     ■■  biefa    aaid 

municipality    ahall 
than 

ij.t    by    him    "!'   tin 

tier  thi 

•  t    land    within    Baid    district,    wh 

than  than     sixty     days 

from  ID    and    list    transii. 

to    him    •  ten    ber<  ol ;    n 

v.  itii    tii»-    K'  n«  ral 
of    I 

. 

:  ly    r.  ferred    to    in 
.:    •    ntaining  all  ol 
riptions. 

in.     At    I  and    pla 

said    pro  red  to  in 

against    whir  paid    ur    bou<i 


1271  STREETS.  Act  3929.  §  14 

hereinafter  provided,  or  so  much  of  each  parcel  as  shall 
be  necessary  to  realize  the  amount  assessed  against  such 
parcel  and  its  proportion  of  the  expenses  of  sale,  in  the  or- 
der of  their  numbers  upon  the  map  provided  for  in  subdi- 
vision five  of  section  four  hereof,  at  which  sale  the  munici- 
pality may  be  a  purchaser;  provided,  however,  if  at  or  be- 
fore the  time  fixed  in  the  notice  of  sale  the  owner  of  any 
parcel  shall  file  with  the  tax  collector  a  written  agree- 
ment, waiving  all  objections,  of  whatsoever  kind  or  na- 
ture, against  the  assessment  and  all  proceedings  with 
reference  to  the  same,  and  undertaking  to  pay  the  assess- 
ment on  his  parcel  in  yearly  installments  not  to  exceed 
ten  in  number,  the  first  of  winch  shall  be  paid  at  the  lime 
said  agreement  is  filed,  and  the  others  annually  thereafter, 
one  each  year,  at  the  time  when  the  first  installment  of 
municipal   taxes   within   said   municipality   is   payable,   with 

interest   on   all   deferred    payments   at   the   rate   of  per 

cent  per  annum,  being  the  same  rate  fixed  by  the  resolu- 
tion provided  for  in  section  five  above  for  deferred  pay- 
ments, payable  at  the  same  time  as  the  installments  of 
principal,  then,  and  in  that  event,  the  tax  collector  shall 
mark  upon  the  record  of  the  .  assessment,  opposite  the 
respective  descriptions  or  numbers  of  such  parcels,  memo- 
randa to  the  effect  that  time  has  been  given;  said  waivers 
and  undertakings  shall  be  taken  upon  printed  forms  pro- 
vided by  the  tax  collector,  bound  in  a  substantial  book  and 
kept  among  the  records  of  his  office;  said  agreements 
shall  contain  a  provision  to  the  effect  that  in  case  of  de- 
fault in  payment  of  any  installment  of  principal  provided 
for  therein,  or  interest  accrued  on  deferred  payments,  at 
the  time  called  for  by  said  agreements,  then,  in  that  event, 
the  eatire  remaining  unpaid  installments  shall  become 
immediately  due  and  payable,  and  the  tax  collector  shali 
then  forthwith,  upon  twelve  days'  written  notice  mailed 
to  the  last  known  address  of  the  party,  sell  the  property 
covered  by  the  delinquent  payment  to  realize  the  entire 
unpaid  balance  of  said  installments,  with  accrued  interests 
and  costs  of  sale;  provided,  the  same  have  not  been  paid 
before  the  expiration  of  said  twelve  days.  At  such  sale 
the  municipality  may  be  a  bidder;  said  agreement  shall 
provide  that  the  entire  unpaid  balance  may  be  paid  at  any 
time  before  maturity,  together  with  interest  on  all  de- 
ferred payments,  until  the  date  of  maturity  of  the  install- 
ment  of   principal    next    falling    due. 

Sec.    14.     The    tax    collector   shall   issue   for   each    sale    an 
original   and   duplicate    certificate   of   sale,   referring   to   the 


ETS. 

proceeding  ild,  and  containing  the 

nam  I]    delh  i  r    to 

th<    purchaser,  and  the  dnplicati                                 a   file   in 

his   < iilict-    in    the    t  •  sbs   in   n                                .k. 

If  tli>    property  sold  afl  prorided   in   t 

ed     withi-  tl'i 

- 
in   the  origin al   certificate,   >>r   hi  !   of   the 

shall    t<(>  r,    : 

which    ti.. 

hi*  tii>    prop*  rty,  follow  ption  in  I 

then  bed 

tin  rein. 

At    any    tim  ■   before  the   expiration    of    the    year 

w  hicb  n  d<  mptioD    n 
any    pro]                     und<  r   I 

by  the 

cull-  CtOI 

;in    : i < I < I 

amonnl  l<  motion 

money   st,..|]    i>.    paid 

tin  ir  <\<  li\  i  rin^,'  u; 

the    tax 

17.     The   Mid    fni 
under    ti  inga    b<  r-  in     prot 

voluntary   paj  lie  n  Bolt 

municipal 

fuii..  ■  'I    by    nti  r.  pro- 

ptid   out   only    fur    pnrj 
for   in    ti.is  act. 

provide  'i 
mad 

pality  ti 

r    the    1'  . 

iui.s    not    I 


1213  STREETS.  Act  3929,  §  18 

amount  of  the  installment  agreements  taken,  as  above 
set  forth;  the  form  of  such  bonds  shall  be  substantially 
as   follows: 

"LOCAL   IMPROVEMENT    BOND. 

'•'District    No.    . 

"$ •  No.    . 

"Under  and  by  virtue  of  an  act  of  the  legislature  of  the 
state  of  California"  (title  of  this  act)  "the"  (insert  the 
legal  title  of  the  municipality)  "out  of  the  fund  herein- 
after referred   to,  will   pay  to   the  beaver  the   sum  of  $ 

United  States  gold  coin  of  the  same  weight  and  fineness  as 
that  now  issued  from  the  mints  of  the  United  States  of 
America,  with  interest  thereon,  in  like  gold  coin,  at  the 
rate  of  per  cent  per  annum,  all  as  hereinafter  speci- 
fied, and  at  the  office  of  the  treasurer  of  said  munici- 
pality. 

"This  bond  is  payable  exclusively  from  street  improve- 
ment fund  number  "  (here  insert  designation  of  spe- 
cial fund,  as  same  is  identified  on  the  books  of  the  treasurer 
of  the  municipality,  as  provided  in  section  nineteen  of 
this  act),  "and  neither  the  municipality  nor  any  officer 
thereof  shall  be  holden  for  payment  otherwise  of  its  prin- 
cipal or  interest;  and  installments  of  prncipal  and  in- 
terest accruing  hereon  shall  be  payable  out  of  any  moneys 
in  said  fund  at  the  date  of  their  maturity,  in  order  of  pres- 
entation, and  shall  be  secured  by  all  agreements  and  liens 
provided  for  by  this  act  and  arising  out  of  the  improve- 
ment   to  which   said   fund    relates.     The   term   of   this   bond 

is  years  from  its  date,  and,  at   the  expiration  of  said 

time,  the  whole  sum  then  unpaid  shall  be  elue  and  pay- 
able; but  on  the  second  day  of  January  of  each  year  after 
its  date,  an  even  annual  proportion  of  its  whole  amount  ia 
due  and  payable,  upon  the  presentation  of  the  coupon  there- 
for, until  the  whole  is  paid,  with  all  accrued  interest,  at  the 

rate   of  per   cent   per  annum.     The  interest   is   payable 

semi-annually,  to  wit:  On  the  second  days  of  January  and 
July  in  each  year  hereafter,  upon  the  presentation  of  thj 
coupons    therefor,    the    first    of    which    is    for    the    in' 

from  date  to  the  next  second  day  of  ,  and  thereafter  the, 

interest  Goupons  are  for  semi-annual  interest,  except  the 
last,  which  is  for  interest  from  the  semi-annual  payment 
next  preceding  and  to  the  date  of  the  final  maturity  of  this 
bond.  Should  default  be  made  in  the  annual  payment 
upon  the  principal,  or  in  any  payment  of  interest,  the 
holder   of    this    bond   is    entitled    to "  declare    the   whole    uu- 


Act  tea 

pniil   amount    I  .   anil    to   have   all    I 

and  said   fund  and  an- 

tin  a  enforceal 

• 
r<  <!■  . 

ircu" 

id     muni  n'v 

• 
on  .'ill   priii  - 

•   in  t 

— . 

» 
"Treasurer   of  the"  I  ipality). 

■ 
nnicipality,  anil   th<  the 

shall 
bia 

:ill    then  pw    to 

the  shall   !><•   paid   into   th<    sai<  local    im- 

fund    in 

for  1 
in    the   hands   of   thr 

■ 

nil  ,  bidder, 

<ir- 
.    within    the   municipal 
or     if    there    be    n< 

may  ] 

d    by    the    c<  rtified 

municipality,  and  " 

palil 

in    i 

work,   th<    faithful 
UtiTi  "iJ   with 


1275  STREETS.  Act   3929,    5    19 

said  body;  when  such  contract  and  bond  have  been  en- 
tered into,  said  check  shall  be  returned  to  the  successful 
bidder;  the  unsuccessful  bidders  shall  receive  their  chocks 
upon  notice  of  rejection  of  their  bids;  and  the  legislative 
body  may  require,  and,  if  so,  it  must  be  stated  in  the 
original  resolution  and  petition  and  in  the  notice  for  bids, 
that  the  contractor  to  whom  the  work  is  awarded  shall 
furnish  the  municipality  with  a  bond  in  such  sum  and  with 
such  responsible  surety  corporation  (legally  qualified  to 
carry  on  business  in  the  state  of  California),  as  guarantor, 
as  shall  be  approved  by  said  legislative  body,  conditioned 
that  the  said  contractor  shall  maintain  free  from  all  de- 
fects, except  such  as  may  result  from  ordinary  wear  and 
tear,  the  work  contracted  for  and  performed  for  such  period 
as  may  be  designated  by  said  legislative  body. 

The  contract  must  provide  that  the  work  be  done,  and  the 
work  must  be  done,  strictly  in  accordance  with  the  plans 
and  specifications  provided  for  in  section  four  of  this  act, 
as  modified  by  the  resolution  provided  for  in  section  five 
of  this  act;  the  contract  must  contain  provisions  making 
it  comply  with  the  terms  of  all  statutes  of  the  state  of 
California  in  force  at  the  time  of  the  making  of  the  con- 
tract, with  reference  to  employment,  hours  and  wages  of 
labor. 

The  work  must  be  done  under  the  supervision  of  the 
superintendent  of  streets  of  the  municipality,  or  such  dep- 
uty or  deputies  as  the  legislative  body  shall  appoint  for  the 
purpose. 

No  work  shall  be  paid  for  until  it  has  been  accepted  by  the 
legislative  body.  Whenever  the  contractor  desires  the  work 
or  part  thereof  to  be  accepted  he  must  make  written  ap- 
plication to  that  effect  to  the  legislative  body  of  the  muni- 
cipality. Upon  the  filing  of  such  application  for  accept- 
ance, the  clerk  of  the  municipality  shall  give  at  least  five 
days'  notice  by  publication  within  the  municipality  or  bv 
posting  upon  the  premises  affected,  as  the  legislative  body 
shall  determine,  that  at  a  certain  time  to  be  named  in 
said  notice  the  legislative  body  of  the  municipality  will 
hear  and  consider  any  objections  to  the  acceptance  of  the 
work  or  part  of  the  work  for  the  acceptance  of  which 
said  contractor  has  made  such  application,  and  only  after 
such  hearing  shall  any  work  be  accepted.  If  upon  such 
hearing  objections  to  the  acc<  ptance  are  made  and  belt! 
by  the  legislative  body  to  be  good,  the  legislative  body 
must  require  the  contractor  to  take  such  steps  as  will  re- 
move such  objections,  and  in  the  event  of  his  failure  to 
do    so    within   such    time   as   the   legislative    body   shall   pre- 


STHEKTS.  1  f6 

e,  the   1<  .  body   may   relet  Bach   portion  of  the 

the  r'  ther 

retain   the 

flue   or    to   b<  come    flue    to    him 

tld    him    and    liis   sureties    re- 

Tln'     work     m      |  need      and     completed     within 

nuch   time    as    t h<  fly   shall   prescribe.     If   the 

■  r  fail   t<>   proceed   with   the 
■  i  .1    by    his    contract,    the    li'jjis- 
lative   body   may   i  «rorfc   and   pay   the  cost  of  the 

Bami  rotraetor, 

and  1   to   the  rel<  1 1  ing,  and  also 

hold   bin  for  the  Bam<    npofi  his 

0    for   an;.  I  ting    from    such    aban- 

donn 

.  nt     tot    any     local     im- 
1    may    be    made    in    1 1  i  *  - 

•  .    except    that    no    pro- 
rtained    upon  matter   air.  ad;. 

ng,  and  so  on  until  sufficient  money 
shall   ha  to   pay  for    su.di   local    improve- 

■.    21.     Tf    at    any    time    an    assessment    for    any    local 
lap]  -MMi   thai  Mary 

f..r   Bach    improvement,   the  all   be    refunded 

warrant    on  .    authorize  d    by     the 

•    the    parties    by    whom    it    was    paid;    and, 

in    the    ■  nstallmenl  shall    be   erediten 

on   the  unpaid   installn  nning  with   tb<    one  due  at 

the  l  ■ 

22.     All    special    assessments    levied    under    U 

from  tl  '    as  provided  in  section 

a    lien   upon    the   r<  al    estate    upon    which 

I.    paramount    to    all    other    liens 

j,ri,'  t  d    such    lien    shall 

until    such   B]  are    paid:    and    all 

shall    have    constructive    notice    of    such    lien    from 

tfte  referred  to  in  at  ction 

:•    the    majoritj    of     frontage     b 

-     upon     any     ol       the     | 

I  111 
proved,    th(  body   may   compel   the   remainder  of 


1277  STREETS.  Act  3929,  &  23 

said  frontage  between  said  crossings  to  be  similarly  im- 
proved without  other  proceedings  than  those  provided  for 
in  this  section  as  follows,  to  wit:  The  legislative  body 
shall  pass  a  resolution  ordering  said  work  to  be  done, 
briefly  describing  the  work  and  the  property  in  front  of 
which  the  work  is  to  be  done,  and  fixing  a  time  when 
objections  to  the  doing  of  said  work  will  be  heard  by 
said  legislative  body,  which  said  time  shall  be  not  less  than 
two  weeks  nor  more  than  thirty  days  from  the  date  of  the 
passage  of  the  resolution;  at  least  ten  days  before  the 
time  named  in  said  resolution  for  said  hearing  the  clerk 
of  the  municipality  shall  mail  a  copy  of  said  resolution  to 
the  person  or  persons  to  whom  the  property  in  front  of 
which  the  said  work  is  to  be  done  is  assessed  upon  the 
last  preceding  assessment  roll  of  such  municipality,  at 
their  addresses  if  known,  otherwise  addressed  to  them 
care  of  the  United  States  postoffice  in  the  municipality, 
shall  personally  serve  upon  the  person  or  persons  in  pos- 
session of  the  premises,  if  the  same  be  occupied,  and 
shall  post  a  copy  of  the  same  in  a  conspicuous  place  upon 
the  said  premises,  and  the  certificate  of  said  clerk  to  the 
effect  that  said  mailing,  posting  and  service  has  been  done 
shall  be  filed  with  the  legislative  body  and  entered  upon 
their  minutes,  and  said  entry  shall  constitute  conclusive 
evidence  of  the  facts  stated  in  said  certificate;  at  the  time 
named  in  said  resolution  said  legislative  body  shall  meet 
and  consider  any  objections  which  may  be  made  to  the 
doing  of  said  work;  if  there  are  no  objections  or  if  the 
legislative  body  overrule  the  same,  the  legislative  body 
shall  then  pass  a  resolution  ordering  said  work  to  be 
done;  if  within  ten  days  after  the  passage  of  the  last 
named  resolution  satisfactory  evidence  be  not  produced 
to  the  legislative  body  that  the  said  work  is  to  be  imme- 
diately done  by  private  contract  the  legislative  body  may 
advertise  for  bids  for  such  work  by  such  publication  or 
posting  as  they  shall  deem  necessary  and  let  the  work  to 
the  lowest  responsible  bidder,  and  pay  for  the  same  out 
of  the  general  fund  or  any  other  fund  available  for  the 
purpose;  the  entire  eost  of  such  work  together  with  the 
expenses  incidental  to  the  proceedings  therefor  shall  be 
charged  against  the  property  in  front  of  which  the  same 
has  been  done;  the  clerk  of  the  municipality  shall  imme- 
diately upon  the  completion  and  acceptance  of  the  work 
file  an  itemized  statement  of  said  charge  with  the  recorder 
of  the  county  in  which  the  municipality  is  located,  and 
thereupon  the  said  charge  shall  become  a  lien  upon  the 
property   affected,   which   said   lien   shall  relate   back   to   the 


Act  3930  STREETS.  1 

flat<    of   the   passage   of  thi  -  first      bove 

mentioned  .*ini]   shall  be  eontinui  rty  until 

the  in    full    with    Intel  -   vm    per 

■'.  nt ;    and    the 
municipality    shall     bav<  ai    to    enforce    said     lien    by 

for.  tit  and  s.ll   said  property   for  the   satisfaction 

then 

B4.     This    act    shall    be    known    as    "Tin-    LOca]     [m- 
■■<    >'f    L90] ' '   and   shall    •  t  and   be   in 

upon  its  ipproraL 

2.".      This    act     sha'l     in     no    wisp     affect     an     ■ 

i    "An    act    to    pr  -   work    u 

alleys,   courts,   places   and   sidewalks,  and   for  trac- 

tion municipalities, "    approved     M 

;  ,'li'.  i  n    hundn  e,    or    am'  nd- 

.  or  an  act  act  to  provide  ■  < 

ti  in  •    improvement    l^ml-i   t<  at    certain   as- 

nents    for    I  reel    work    and    improvement 

within    mnnieipaliti  tor    the    payment   "t     said 

s  "    approvi  'I    !'■  '  hun- 

dred ami  ninety-three;  or  any  of  aaid  act  intended 

provide  an  altei  tor 

public    improvements,    and    it    shall    be    within    ti 
tionary    power  of   the   legislative   body   of   any   municipality 
to     pro.'.  .  ,1     in     in  a     inipi" 

tho  f    the    prov  tlir 

r  aaid   act  .   but   whin   any   proceedings   an    commenced 
under  this  act   the  pi  b  amend- 

■ 
shall  thereafter  apply  to  all  such  pro  .  but  anj 

vision    contained    in   said   or   any   other  act  lict    with 

provisions  hereof    -hall  be  void  a*  to  and 
proceedings   commenced    un«l<  r    the    provisions   of 

ACT   3930. 

An    act    to    provide    for    work    upon    Ftrc<  t ;.    Inn.  «.    all 

courts,  places,  and   Bidewalks,  and  for  tb 

of  sewtrs  within  municipalities. 

[Approved   March   is  p.   l ::.] 

7;   1S91,  116.  196.  461. 
1S?S.  23;  1901,  ^S;  1906,  15;  19u5,  63. 
Cat  Rep.  Clt.  69.  486;  73.  7.i;  76.  453;  S2,  190;  86. 

0  613;  93.  404;  M 
•;.  308.   97,  . 
295;   99.  517;   99,  521;   102,  236;   10.1,   406;   102,   417;    UK 


1279  STREETS.  Act  3930,  §§12 

102,    651;  10S,    54;      103,    55;     103,    60;     103,    66;      103,    7S;      103,  175;  103. 

529;      104      4r>S;       105,      16*;      107,       234;      107.      429:      107.      430'  107,  131; 

107.    496;  10S.    35;     108,    169;     112,    5'Jl;     115,    22S;     117,    319;     117,  322;  119, 

591;      121,  315;      121.     85;      121,    632;      122,    541;      126,    21S;      127,  493;  128, 

143;      128,  378;      129,     274;      130,     470;      134,     423;      136,     148;      136,  149;  136, 

249;     138,  125;     138,    126;     138,    128;     138,    29;     138.    30;     138,    54;      138,  55; 

138,     123;      142,     691;      142,    693;      142.     696;      142,    700;     143,     428;  144,  377, 

144,  379;      144.     3S0;      144,    381;      144.    3S2;      145,    180;      145,     261;  145,  583; 

145,  584;  146,   356;     146,     377;   146,   452;     146,   637;     146,    723. 

AMDT   1889. 

Cal.    Rep.    Cit.     97,    314;     99,    388;     102,    236;     102,    237;     102,    407;     102,    417; 

102.    650;     103,    6*;     103,    66;     103,    529;     105,    249;     107,    234;     111,    29-     114, 

154;     117,   319. 

AMD'T  1S91. 

Cal.    Rep.    Cit.     104,  341;     106,    499;     114,    154;     117,    319;     120,    624;      121, 

435;     122,   541;     123,  205;     128,    115;     129,    274;     129,   BS3,     132,   149';     132,   151; 

134,   250;     135,    663;  136,    373;     146,    637;     1.46,   639. 

AMD'T   1893.  § 

Cal.    Rep.    Cit.     102,   417;     102,   423;     106,    15S;     126,    444;     128,    129;     138,   123; 
138,    124;     138,    129;     138,    130;    146,    356;     146,    368;     146,    370;     146,    374. 
See    Thomason    v.    Ruggles,    69   Cai.    465,    and    Oakland    Pav.    Co.    v. 
Hilton,    Id.    479. 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows:  s 

Part  I. 
Section  1.  All  streets,  lanes,  alleys,  places,  or  courts, 
in  the  municipalities  of  this  state  new  open  or  dedicated, 
or  which  may  hereafter  be  opened  or  dedicated  to  publii 
use,  shall  be  deemed  and  held  to  be  open  public  streets, 
lanes,  alleys,  places,  or  courts,  for  the  purposes  of  this 
act,  and  the  city  council  of  each  municipality  is  hereby 
empowered  to  establish  and  change  the  grades  of  said 
streets,  lanes,  alleys,  places,  or  courts,  and  fix  the  width 
thereof,  and  is  hereby  invested  with  jurisdiction  to  order 
to  be  done  thereon  anv  of  the  work  mentioned  in  sec- 
tion two  of  this  act,  under  the  proceedings  hereinafter 
described. 

Sec.  2.  Whenever  the  public  interest  or  convenience 
may  require,  the  city  council  is  hereby  authorized  and 
empowered  to  order  the  whole,  or  any  portion,  either  in 
length  or  width,  of  the  streets,  avenues,  lanes,  alleys, 
courts,  or  places  of  any  such  city  graded  or  regraded  to  the 
official  grade,  planked  or  replankcd,  paved  or  repaved,  ma- 
cadamized or  remacadamized,  graveled  or  regraveled,  piled  or 
replied,  capped  or  recapped,  oiled  or  reoiled,  sewered  or  re- 
sewered,  and  to  order  sidewalks,  manholes,  culverts,  bridges, 
cesspools,  gutters,  tunnels,  curbing,  and  crosswalks  to  be  con- 


■".83  I    BT8. 

Btrncted  therein,  01  to  order  breakwaters,  levees,  or  walls  of 
n.ck.  or  other  material,  to  protect  the  same  from  overflow  or 
injury,  and  to  order  any  other  work  to  be  done  which  shall 

hole  or  any  portion  of  - 
aes,  alleys,  «   placi  s 

and  it  may  ->r.l<  r  any  of  tho  said  w.»rk  to  be  Improved; 
an<i   also   to   ord<  r  ..it i,    ontleta,    for 

drainage     or  in,    over,   or   through    any 

right   of  way   l.t  u  ;    pro 

vided,   that    whenever   the   grad<       I  kreet,   avenue,   lane, 

alley,  court,  or  f ■l.i<*<-  shall  hereafter  be  changed,  the  peti 
tion  ra    of   a    majority    <>f     the     feel    fronting 

thereon,  asking   for  grading    ths    same  n   grade, 

shall  In    a  condition  pr  ■  the  ordi  icfa  grad 

tag  to  1"    done.     [Amendmenl   approved   February 

Stats.   1905,  p.    1  •    iriim-  difl 

lering  any   work  done  or  Improvement 
mads,  which   is  aathoi  icction   two  of  this  act,  the 
council   shall   pasa  a   r>  solution   of  Intention   bo  to  '1", 
an.i   deseribii                 irk,   which  shall   be    posted   conspicu- 
ously  for   two   daya  i    near  the  chamber  door  of  Baid 

council,   and    published    bj  ertions    in    one   <>r    more 

.laily,  Bemi-weekly,  ..r  weekly  newspapers  published  and 
circulated  in  said  city,  Bnd  designated  by  said  council 
for    that    purpose.     Ti.  Buperintendenl    -hall    there- 

upon    r;i   •  along    the   line   of 

saiil    contemplated     work     or    improvement,    ai     oot     more 

than    ono    bund  part,    luit    nol    less    than 

three  in  all,  or  when  the  work  t>«  be  don<  upon  an 

entire  crossing  or  ■■. • -.  part  thereof,  in  ir.mt  of  each  quar- 
ter bloek  and   irregular  block   liable 

of  the  passage  of  said  resolution.  Said  notice  shall  I" 
beat  I  Btreet  Work, ' '  in  than 

inch    in    l<  Dgth,    and    shall,    in    legible    characti 
the    I  f   the   resolution,    its    date, 

l.rii  tlv   the  work  or  improi  i  m<  i  d,  and  r.  i 

ition     fur     further     particulars.     He     shall     ale 
a    notice,    similar    in    -  .     to     1"      published     for 

in   one  i»r  more   dailj  ihed    and 

culati  .1     in     said    city,    and     I 

or   in    citi<  B   \\  hi  r<    1 1.,  r  in 

•  it    in    a   si  mi  -wi  i  kly   or    we<  kly    I 

lated   .and   d<  signati  d.     [n  <  iper 

publish*  d   in    -  -  hall   b<    posti  d   f"t 

days    on    or    mar    the    charaber-il  I    council,    and    in 

two    other    CO]  places   in   sa 


1281  STREETS.  Act  3930,  §  3 

provided.  The  owners  of  a  majority  of  the  frontage  of 
the  property  fronting  on  said  proposed  work  or  improve- 
ment, where  the  same  is  for  one  block  or  more,  may  moke 
a  written  objection  to  the  same  within  ten  days  after  the 
expiration  of  the  time  of  the  publication  and  posting  of 
said  notice,  which  objection  shall  be  delivered  to  the 
clerk  of  the  city  council,  who  shall  indorse  thereon  the  date 
of  its  reception  by  him,  and  such  objections  so  delivered 
and  indorsed  shall  be  a  bar  for  six  months  to  any  further 
proceedings  in  relation  to  the  doing  of  said  work  or  mak- 
ing said  improvements,  unless  the  owners  of  the  one- 
half  or  more  of  the  frontage,  as  aforesaid,  shall  mean- 
while petition  for  the  same  to  be  done.  At  any  time  be- 
fore the  issuance  of  the  assessment  roll,  all  owners  of 
lots  or  lands  liable  to  assessment  therein,  who,  after  the 
first  publication  of  said  resolution  of  intention,  may  feel 
aggrieved,  or  who  may  have  objections  to  any  of  the 
subsequent  proceedings  of  said  council  in  relation  to  the 
performance  of  the  work  mentioned  in  said  notice  of  in- 
tention, shall  file  with  the  clerk  a  petition  of  remon- 
strance, wherein  they  shall  state  in  what  respect  they  feel 
aggrieved,  or  the  proceedings  to  which  they  object;  such 
petition  or  remonstrance  shall  be  passed  upon  by  the 
said  city  council,  and  its  decisijn  therein  shall  be  final  and 
conclusive.  But  when  the  work  or  improvement  proposed 
to  be  done  is  the  construction  of  sewers,  manholes,  culverts, 
or  cesspools,  crosswalks,  or  sidewalks,  curbs  and  gutter.*, 
and  the  objection  thereto  is  signed  by  the  owners  of  a  ma- 
jority of  the  frontage  liable  to  be  assessed  for  the  ex- 
pense of  said  work,  as  aforesaid,  the  said  city  eouncil 
shall,  at  its  next  meeting,  fix  a  time  for  hearing  said 
objections,  not  less  than  one  week  thereafter.  The  city 
clerk  shall  thereupon  notify  the  persons  making  such 
objections,  by  depositing  a  notice  thereof  in  the  postofVii-c 
of  said  city,  postage  prepaid,  addressed  to  each  objector, 
or  his  agent,  when  he  appears  for  such  objector.  At  the 
time  specified  said  city  council  shall  hear  the  objection? 
urged,  and  pass  upon  the  same,  and  its  decisions  shall  be 
final  and  conclusive,  and  the  said  bar  for  six  months  to 
any  further  proceedings  shall  not  be  applicable  thereto. 
And  when  not  more  than  two  blocks,  including  street 
crossings,  remain  ungraded  to  the  official  grade,  or  other- 
wise unimproved,  in  whole  or  in  part,  and  a  block  or  more 
on  each  side  upon  said  street  has  been  so  graded  or  other- 
wise improved,  or  when  not  more  than  two  blocks  at  the 
end  of  a  street  remain  so  ungraded  or  otherwise  unim- 
Gen.  Laws — 81 


ft,  {  3  8TREET& 

proved,  aaid  city  eouneil  may  order  any  of  the  work  men- 

i  .1    in    th  •       I..     don<  -  j    un- 

led   or  animproved    part   of 

and    s.-ii.i    work    n  ng    ]>nrt, 

oted 
council  - 

in     width      01 

■■■half    oi 

■ 
mail  or  if  a 

partially   graded   or    improx  .n.-il 

may    ord(  r   the    r«  maindi  r    impr 

•••  itbetaading   such   obj<  ■•(  ions  \  t 

the  expiration  of  twei  •    thi 

time  ox  s:ii>i  publication   h\ 
at  the  expiration  >>f  | 

:iii(i 

if   do   wri 

>ii  liv.  r 

froi  • 

or    improvemi  nt,   or   ii 

to    b  by    the   own*  i  .li-i 

allov 

1"T     six 

has   not    \»  >  n    legally   signed    bj  ■rity 

ired  jurisdiction   to'oi  loot . 

■ 
which  orili  r,  when  made,  Bhall  be  j.ut. 

panic  :is  |>r<>\  id(  <l   for  t  t    in- 

ti  otion.     !'•'  fori    ] 
of  said   Improvemi 

rst Lmatefl  "i  the  co  II  be  fun. 

i  r « •  i    by   it,   1 
.ml    for  tin-  work  Oi 

fleationa  shall  alti  m.     Whenevei 

contemplated   work  of  impr  in   the  oi.ini- 

cit v  council,  is  of  more  thai 
or  whenevi  r.  accordi  •  j 

the  total  estimati  <\ 
ne-half    the    total 
lane*  ie  lots  or  lai 

said  propoai  d  work  or  impj 
tion  Bx<  't  by  thi  lasl  nt   roll  « 

-   for  municipal  jiui 
do{>th  from  such   tr  s  <>r  Ian;  I   in  bulk, 


1283  STREETS.  Act  3030,  §§5 

the  city  council  may  make  the  expense  of  such  work  or  im- 
provement ehargeable  upon  a  district,  which  the  said  city 
council  shall,  in  its  resolution  of  intention,  declare  to  be  the 
district  benefited  by  said  work  or  improvement,  and  to  be 
assessed  to  pay  the  costs  and  expenses  thereof.  Objections 
to  the  extent  of  the  district  of  lands  to  be  affected  or  bene- 
fited by  said  work  or  improvement,  and  to  be  assessed  to 
pay  the  costs  and  expenses  thereof,  may  be  made  by  inter- 
ested parties,  in  writing,  within  ten  days  after  the  expira- 
tion of  the  time  of  the  publication  of  the  notice  of  the  passage 
of  the  resolnt-'on  of  intention.  The  city  clerk  shall  lay  said 
objections  before  the  city  council,  which  shall,  at  its  next 
meeting,  fix  a  time  for  hearing  said  objections  not  less  than 
one  week  thereafter.  The  city  clerk  shall  thereupon  notify 
the  persons  making  such  objections  by  depositing  a  notice 
thereof  in  the  postoffice  of  said  city,  postage  prepaid,  ad- 
dressed to  each  objector.  At  the  time  specified  the  city  coun- 
cil shall  hear  the  objections  urged,  and  pass  upon  the  same, 
and  its  decision  shall  be  final  and  conclusive.  If  the  objec- 
tions are  sustained,  all  proceedings  shall  be  stopped;  but  pro- 
ceedings may  be  immediately  again  commenced  by  giving  the 
notice  of  intention  to  do  the  said  work  or  make  said  improve- 
ments. If  the  objections  are  overruled  by  the  city  council, 
the  proceedings  shall  continue  the  same  as  if  such  objections 
had  not  been  made.-  |  Amendment  approved  March  6,  1905, 
Stats.  1905,  p.  63;  in  effect  in  60 -days.] 

Sec.  4.  The  owners  of  a  majority  in  frontage  of  lots  and 
lands  fronting  on  any  street,  avenue,  lane,  alley,  place,  or 
court,  or  of  lots  or  lands  liable  to  be  assessed  for  the  expense 
of  the  work  petitioned  to  be  done,  or  their  duly  authorized 
agents,  may  petition  the  city  council  to  order  any  of  the 
work  mentioned  in  this  act  to  be  done,  and  the  city  council 
may  order  the  work  mentioned  in  said  petition  to  be  done, 
after  notice  of  its  intention  so  to  do  has  been  posted  and 
published  as  provided  in  section  three  of  this  act.  [Amend- 
ment approved  March  31,  1891.     Stats.  1891,  p.  199.] 

Sec.  5.  Before  the  awarding  of  any  contract  by  the  city 
council  for  doing  any  work  authorized  by  this  act,  the  city 
council  shall  cause  notice,  with  specifications,  to  be  posted 
conspicuously  for  five  days  on  or  near  the  council  chamber 
door  of  said  council,  inviting  scaled  proposals  or  bids  for 
doing  the  work  ordered,  and  shall  also  cause  notice  of  said 
work  inviting  said   proposal,  and   referring  to   the   specifica- 


9,  5  5  STREETS.  ITW 

tinns  posted  or  on  file,  to  be  published  for  I  w»  days  in  a  daily, 
so  nii-wi  ekly,   or   weeklj  er   published    and   circulate  d 

in  Baid  city,  designated  by  the  council  for  thai  purpose,  and 
in  c  is  mi  newspaper  published   in  said  city,  then  it 

shall  onl]  iii  reinbefore  provided.     All  proposals 

or  bids  offered  shall  bo  accompanied  by  a  check  payable  to 
tho  order  of  the  mayor  of  the  city,  certified  by  a  responsible 
bank,  for  an  amount  which  shall  not  bo  loss  than  ten  per 
if  the  proposal,  or  by  a  bond  for  the 

i  amount  and  so  payable,  signed  by  the  bidder  and  by  two 
Bureties,  who  shall  justify,  before  any  officer  competent  to 
administer  an  oath,  in  double  the  said  amount-,  and  ovrr  and 
above  all  statutory  ■  xemptions.  Baid  proposals  or  bids  shall 
be  delivered  to  tho  clerk  of  the  Baid  city  council,  and  said 
council  shall,  in  o]  in,  examine  and  publicly  declare 

the  same;  provided,  however,  that  no  proposal  or  bid  shall 
be  considered  unless  accompanied  by  said  check  or  bond  sat- 
isfactory to  the  council.  Tin  city  council  may  reject  any 
and  all  proposals  or  bids  Bhould  it  deem  this  for  tin-  public 
o  the  bid  of  any  party  who  has  been  delinquent 

I  unfaithful  in  any  former  contracl  with  tho  municipality, 
shall  reject  all  proposals  or  bids  other  than  the  lowest 

regular   proposal    or   bid   of   any  responsible   bidder,   and    may 

award  tlit1  contract  for  said  work  or  improvement  to  tho  low- 

Ider  at  the  prices  named  in  his  bid,  whieh 

rd  shall  bo  ap  r"\ '  d  by  the  mayor  or  a  t hreo-fonrths 
vote  of  the  city  moil.  Tf  not  approved  by  him,  or  a  three- 
fourths  vote  of  the  city  council,  without  further  proceedings, 
the  city  council  may  n  adv.  rtise  for  proposals  or  bids  for 
the  performance  of  the  work  as  in   the   first   instance,   and 

thereafter   pn d   in   the   manner  in   this  section   provided, 

and  shall  thereupon  return  to  the  proper  parties  tho  respec- 
tive checks  and  bonds  corresponding  to  the  bid  so  rejected. 
Bui  tli-  ■  ompanying  Buch  accepted  proposals  or  bids 

shall  be  held  by   Jie  city  clerk  of  said  city  until  the  contract 

for  doing  said  work,  as  hei  provided,  lias  been  en- 

tered into,  either  by  said  lowest  bidder  or  by  the  owner-  of 

three-fourths    pari    of    the    frontage,    when  upon    said    certified 

check  shall  be  returned  to  said  bidder.  But  if  said  bidder 
fails,  neglects  or  refuses  to  enter  into  the  contrad  to  per- 
form   said    work    or    improvement,    as    hereinafter    prov-i 

then  the  <  i  k  a. mpanying  his  bid  and  the  amount 

therein  mentioned,  shall  be  declared  to  be  forfeited  to 
city,  and  shall  be  collected  by  it   and  paid  into  its  fund  for 
repairs  of  stro(  ts;   and  any  bond  forfei  itea, 


1285  STREETS.  Act  3930,  §  a 

and  the  amount  due  thereon  collected  and  paid  into  said 
fund.  Notice  of  such  awards  of  contracts  shall  be  posted 
for  five  days,  in  the  same  manner  as  hereinbefore  provided 
for  the  posting  of  proposals  for  said  work,  and  shall  be  pub- 
lished for  two  days  in  a  daily  newspaper  published  and  cir- 
culated in  said  city  and  designated  by  said  city  council,  or 
in  cities  where  there  is  no  daily  newspaper,  by  one  insertion 
in  a  semi-weekly  or  weekly  newspaper  so  published,  circu- 
lated and  designated;  provided,  however,  that  in  case  there 
is  no  newspaper  printed  or  published  in  any  such  city,  then 
such_  notice  of  award  shall  only  be  kept  posted  as  hereinbe- 
fore provided.  The  owners  of  three-fourths  of  the  frontage 
of  lots  and  lands  upon  the  street  whereon  said  work  is  to 
be  done,  or  their  agents,  and  who  shall  make  oath  that  they 
are  such  owners  or  agents,  shall  not  be  required  to  present 
sealed  proposals  or  bids,  but  may,  within  ten  days  after  the 
first  posting  and  publication  of  said  notice  of  said 
award,  elect  to  take  said  work  and  enter  into  a  written 
contract  to  do  the  whole  work  at  the  price  at  which 
the  same  has  been  awarded.  Should  the  said  owners 
fail  to  elect  to  take  said  work,  and  to  enter  into  a 
written  contract  therefor  within  ten 'days,  or  to  commence 
the  work  within  fifteen  days  after  the  first  posting  and  pub- 
lication of  said  award,  and  to  prosecute  the  same  with  dili- 
gence to  completion,  it  shall  be  the  duty  of  the  superintend- 
ent of  streets  to  enter  into  a  contract  with  the  original  bid- 
der to  whom  the  contract  was  awarded,  and  at  the  prices 
specified  in  his  bid.  But  if  such  original  bidder  neglects, 
fails  or  refuses,  for  fifteen  days  after  the  first  posting  and 
publication  of  the  notice  of  award,  to  enter  into  the  contract, 
then  the  city  council,  without  further  proceedings,  shall  again 
advertise  for  proposals  or  bids,  as  in  the  first  instance,  and 
award  the  contract  for  said  work  to  the  then  lowest  regular 
bidder.  The  bids  of  all  persons  and  the  election  of  all  own- 
ers, as  aforesaid,  who  have  failed  to  enter  into  the  contract 
as  herein  provided,  shall  be  rejected  in  any  bidding  or  elec- 
tion subsequent  to  the  first  for  the  same  work.  If  the  owner 
or  contractor,  who  may  have  taken  any  contract,  do  not  com- 
plete! the  same  within  the  time  limited  in  the  contract,  or 
within  such  further  time  as  the  city  council  may  give  them, 
the  superintendent  of  streets  shall  report  such  delinquency 
to  the  city  council  which  may  relet  the  unfinished  portion  of 
said  work,  after  pursuing  the  formalities  prescribed  herein- 
before for  the  letting  of  the  whole  in  the  first  instance.  All 
contractors,   contracting  owners  included,  shall,  at  the  time 


Act  3930,   §  6 


US« 


of  executing  any  contract  for  street  work,  execute  a  bond  to 
the  -  n  and  approval  of  the  superintendent  of  streets 

of  said  city,  with  two  or  more  sureties  and  payable  to 
such  city,  in  such  sums  as  the  mayor  shall  deem  adequate, 
[itioned  for  the  faithful  performance  of  the  contract; 
and  the  sureties  shall  justify  before  any  person  competent 
to  administer  an  oath,  in  double  the  amount  mentioned  in 
said  bond,  over  and  Bbove  all  statutory  exemptions.  Before 
being  entitled  to  a  contract,  the  bidder  to  whom  the 
award  was  made,  or  the  owners  who  h:i\ 
the  contract,  must   advance   to  the  superintendent   of  str 

for  payment  by  him,  the  cost  ot'  publication  of  the  notices, 
resolutions,   orders,   or   other   inc 

tera  required  under  thi  1  in  tin's  act, 

and  buco  other  notices  as  may  b  :   requisite  by   the 

city  couneil.  And  in  case  the  work  is  abandoned  by  th« 
city  before  the  letting  of  the  contract,  the  incidental  ex- 
penses incum  h  abandonment  shall  he 
paid  out  of  tin  eity  treasury.  !  Intendment  approved 
March  31,    L89L     Stats.   L891,  p.   199.] 

Sec.  6.  The  superintendent  of  stn  ets  is  hereby  author- 
ized, in  his  official  capacity,  to  make  all  written  contracts, 
and  receive  all  bonds  authorized  by  this  act,  and  to  do 
any  other  act,  either  express  or  implied,  that  pertains  ro 
the  street  department  under  thifi  U   fix  the 

tor    the    comuv  q<  which    shall    not    1"     i 

than    fifteen    days    from    the>    date    of   the   contract,   and   for 
the  completion  of  the  work  under  all  contracts  entered  into 
by    him,    which    work    shall    be    prosecuted    with    dili^ 
from    day    to    day    thereafter    to    completion,    and    he 

■  ad  the  time  so  fixed  from  time  to  time,  under  I 
tion   of  the  eity   council.     The  work   provided   for  in  set 
two  of  this  act   must,  in  all  e  under  tl 

tion  and  to  the  satisfaction  of  the  superintendent  of  stn 
and    the   materials   used    shall   comply   with   the  specifications 
and  be  to  the  satisfaction  of  said  superintendent  of  str 
and     all  -    made    therefor   must    contain    a    provision 

to    that    effect,    and    also    expr<  that,    in    no 

ept   where  it  is  otherwise   provided   in  this  act.  will  the 
city,  or  any  officer  tion  of.  for  any   portion  of  the 

expense,    nor    for    any    delinquency    of    persons    or    pro 
assessed.     The    city    council    may,     by    ordinance,    prescribe 
general    rubs    directing    the    su]  streets   and 

Contractor  as  to  the  materials  to  "lie  used,  .and  the 
mode  of  executing  the  work,  under  all  contracts  there- 
alter     made.     The     assessment     and     appointment     ol      tke 


1287  STREETS.  Act  3930,  §§  6V4,  7 

expenses  of  all  such  work  or  improvement  shall  be  made 
by  the  superintendent  of  streets  in  the  mode  herein  pro- 
vided. 

Sec.  6%.  Every  contractor,  person,  company,  or  cor- 
poration, including  contracting  owners,  to  whom  is  award- 
ed any  contract  for  street  work  under  this  act,  shall, 
before  executing  the  said  contract,  file  with  the  superin- 
tendent of  streets  a  good  and  sufficient  bond,  approved 
by  the  mayor,  in  a  sum  not  less  than  one-half  of  the 
total  amount  payable  by  the  terms  of  said  contract;  such 
bond  shall  be  executed  by  the  principal  and  at  least  two 
sureties,  who  shall  qualify  for  double  the  sum  specified  in 
said  bond,  and  shall  be  made  to  inure  to  the  benefit  of 
any  and  all  persons,  companies,  or  corporations  who  per- 
form labor  on,  or  furnish  materials  to  be  used  in  the 
said  work  of  improvement,  and  shall  provide  that  if  the 
contractor,  person,  company,  or  corporation  to  whom 
said  contract  was  awarded  fails  to  pay  for  any  materials 
so  furnished  for  the  said  work  of  improvement,  or  for 
any  work  or  labor  done  thereon  of  any  kind,  that  the 
sureties  will  pay  the  same,  to  an  amount  not  exceeding 
the  sum  specified  in  said  bond.  Any  materialmen,  person, 
company,  or  corporation,  furnishing  materials  to  be  used 
in  the  performance  of  said  work  specified  in  said  contract, 
or  who  performed  work  or  labor  upon  the  said  improve- 
ment, whose  claim  has  not  been  paid  by  the  said  con- 
tractor, company,  or  corporation,  to  whom  the  said  contract 
was  awarded,  may,  within  thirty  days  from  the  time  said 
improvement  is  completed,  file  with  the  superintendent  of 
streets  a  verified  statement  of  his  or  its  claim,  together 
with  a  statement  that  the  same,  or  some  part  then  of, 
has  not  been  paid.  At  any  time  within  ninety  days  after 
the  filing  of  such  claim,  the  person,  company,  or  corpora- 
tion, filing  the  same  or  their  assigns,  may  commence  an 
action  on  said  bond  for  the  recovery  of  the  amount  due 
on  said  claim,  together  with  the  costs  incurred  in  said 
action,  and  a  reasonable  attorney  fee,  to  be  fixed  by  the 
court,  for  the  prosecution  thereof.  [New  section  approved 
February  21,  1899.     Stats.   1899,  p.  23.] 

Sec.  7.  Subdivision  One — The  expenses  incurred  for 
any  work  authorized  by  this  act  (which  expense  shall  not 
include  the  cost  of  any  work  done  in  such  portion  of  any 
street  as  is  required  by  law  to  be  kept  in  order  or  repair 
by  any  person  or  company  having  railroad  tracks  thereon, 
nor   include    work    which    shall    have    been    declared    in    the 


,  J  7  STREETS.  liCS 

ition  of  intention  to  be  assessed  on  a  district  bene- 
fitted) shall  '.  lota  and  lands  fronting 
then  3  hereinafter  specifically  provided;  each 
lot  or  portion  of  a  lot  being  separately  I,  in  pro- 
portion to  1  .  a1  :i  rate  per  front  foot  sufficient 
to  cover  the  I                 ase  of  the  work. 

Two — T!  of    all    improvements,    ex- 

as  are  done  by  contractors  nnder  the  provision! 

\    until    th(  av.  inics, 

-.    oi    BOturta    are    finally 

on    twenty  of  this  act,   shall 

be  pon   the   lots  and    lands,   as    provided   In   this 

r.     and    character    of    the 

work;   and   after  such  ,;     all   the 

thereafter   done   thereon   shall   be    paid   by    said   city 

out    of    t>  'inn  nt    fund. 

Subdivision  Three — Thi  of  the  work  done  on 
main  ati  shall  be  assessed  at  a  uniform  r.-.te 
pax  the  quarter  blocks  and  irregular  bl 
adjoining  and  cornering  upon  the  eroi  ad  se  pa- 
ly np0n  t  f  each  lot  or  portion  of  a  lot  having 
any    frontage  In    the     said    blocks    fronting     on    said      main 

the  next  i  '.  and  all 

thl.  .,  adary  line  of  the  city  where 

no    B  intervenes,    but     only    according     to    its 

kid   quarter   bl  I    irregular   blocks. 

Where    a    main    street    tenninat< 
-  Of  the  work  doni 
],.,!;  jtreet   opposite    the    termini 

,bal]  upon   the  lots  in  each  of  the  two  qui 

and   cornering  on    I 
tll,  lots    on    said     mar  the 

...  r  half  of  tli.    width  of  said  sti 
iting  on  the  I  of  th< 

such   t.  rminat ion. 

W'h.  re   any   alley    or   subdii 

all   work  don< 
ot    portions 
],.,];  |    alley    or    subdivision    street    to    the    n.  xt 


1289  STREETS.  Act  3930.  §  1 

crossing  or  intersection,  or  to  the  end  of  such  alley  or  sub- 
division street,  if  it   does  not   meet   another. 

Subdivision  Six— The  expense  of  work  done  on  alley  or 
subdivision  street  crossings  shall  be  assessed  upon  the  Iocs 
fronting  upon  such  alky  or  subdivision  streets  on  each 
side  thereof,  in  all  directions,  half  way  to  the  next  street, 
place  or  court,  on  either  side,  respectively,  or  to  the  en.? 
of  such  alley  or  subdivision  street,  if  it  does  not  meet  an- 
other. 

Subdivision  Seven — Where  a  subdivision  street,  avenue, 
lane,  alley,  place,  or  court  terminates  in  another  street, 
avenue,  lane,  alley,  place,  or  court,  the  expense  of  the  work 
done  on  one-half  of  the  width  of  the  subdivision  street 
avenue,  lane,  alley,  place,  or  court  opposite  the  termina- 
tion, shall  be  assessed  upon  the  lot  or  lots  fronting  on 
such  subdivision  street,  or  avenue,  lane,  alley,  place,  or 
court  so  terminating,  according  to  its  frontage  thereon, 
half  way  on  each  side,  respectively,  to  the  next  street. 
avenue,  lane,  alley,  court,  or  place,  or  to  the  end  of  such 
street,  avenue,  lane,  alley,  place,  or  court,  if  it  does  not 
meet  another,  and  the  other  one-half  of  the  width  upon 
the    lots    fronting   such    termination. 

Subdivision  Eight — Where  any  work  mentioned  in  this 
act  (manholes,  cesspoles,  culverts,  cross-walks,  piling,  and 
capping  excepted)  is  done  on  either  or  both  sides  of  tho 
center  line  of  any  street  for  one  block  or  less,  and  further 
work  opposite  to  the  work  of  the  same  class  already  done 
is  ordered  to  be  done  to  complete  the  unimproved  portion 
of  said  street,  the  assessment  to  cover  the  total  exp«  -  - 
of  said  work  so  ordered  shall  be  made  upon  the  lots  or 
portions  of  the  lots  only  fronting  the  portions  of  the 
wock  so  ordered.  And  when  sewering  or  resewering  is 
ordered  to  be  done  under  the  sidewalk  on  only  one  side 
of  a  street  for  any  length  thereof,  the  assessment  for 
its  expenses  shall  be  made  only  upon  the  lots  and  lauds 
fronting  nearest  upon  that  side,  and  for  intervening  in- 
tersections only  upon  the  two  quarter  blocks  adjoin i 
eornering  upon   that   side. 


J  7  STREETS.  I290 

Bul  hllO- 

dr-  d  the  laws  of  this  8  ed  "  An 

.  ide 

•  rnment  of  tli 

approved   April  twenty-nintl  nth  hundred  and  fifty- 

\pril    nineteenth,   i  hundred    and 

fifty  i  the  provisions  of  I 

>n;    but    the   property    In  rein    mi  shall    be   sub- 

for   work 
niil.  r   t  !i  •  idii. 

-It    shall     be    lawful     t  ,\  n.  r    or 

■  ]<•   width 

and                      which    hav<  the    city 
at    his   or    their   own    expense    (after 

ining    p<  -  ■  ,  il    so    to    do,    but 

■  olution   of   intention   t'> 

r    gra  ling  any    trading    apon 

full    width,    or  l'ii.     th< 

and   '  .  and  thi  reupon  to  pro- 

his   nr   t in- i r  from    the 

eity                          ting     forth    the  number    of    on  I 

I  filling  made  by  aim  or  them  in  sai.l  grad 

and    the    ]  >r<  • ;  each  owner     and    t  hat 

the                              to    the  I    width    and 

sai.l  :     to     tin  ,i't.  r 

to    I 

•i     certil  •  rint.  ii. N  nt     shall     record    in    a 

book  r   that    purpose    in    I  indexed. 

Whem  vir    tl  -i..    eity    council    oi 

t,  or  any  portion  thereof,  on  which  any  gra 

has  been  done,  th<  bida  and  con- 
tra. •  Epresa  the  price  by  the  cubic  yard  for  cutting 
and  fiUing  in  and  the  sai.l  owner  <>r  owners,  an.i 
his  or  their  ,  shall,  be  entitled  to 
credit,  "ii  chi  ent  upon  his  or  their  lots  and  lands 
fronting  on  -  ta  for  the  grading  thereof,  to  the 
amount  of  the  cubic  yards  of  cutting  and  filling  set  forth 
in    his   or    their   said    certificate,    at    the    prices    named    in    th 

trad    for   said    cutting  and   tilling;   or,  if  the   gradt     DO 
while    has    been    duly    altered,    only    for    so    mueh    of    said 


1291  STREETS.  Act  3930,  §  7 

certified  work  as  would  be  required  for  grading  to  the 
altered  grade;  provided,  however,  that  such  owner  or 
owners  shall  not  be  entitled  to  such  credit  as  may  be  in 
excess  of  the  assessments  for  grading  upon  the  lots  and 
lands  owned  by  him  or  them,  and  proportionately  asses,  d, 
for  the  whole  of  said  grading;  and  the  superintendent  of 
streets  shall  include  in  the  assessment  for  the  whole  of 
said  grading  upon  the  same  grade  the  number  of  cubic 
yards  of  cutting  and  filling  set  forth  in  any  and  all  certifi- 
cates so  recorded  in  his  office,  or  for  the  whole  of  said 
grading  to  the  duly  altered  grade  so  much  of  said  certified 
work  as  would  be  required  for  grading  thereto,  and  shall 
enter  corresponding  credits,  deducting  the  same  as  pay- 
ments upon  the  amounts  assessed  against  the  lots  and 
lands  owned,  respectively,  by  said  certified  owners  and 
their  successors  in  interest;  provided,  however,  that  he 
shall  not  so  include  any  grading  quantities  or  credit  any 
sums  in  excess  of  the  proportionate  assessments  for  the 
whole  of  the  grading  which  are  made  upon  any  lots  and 
lands  fronting  upon  said  street  and  belonging  to  any  such 
certified  owners  or  their  successors  in  interest.  Whenever 
any  owner  or  owners  of  any  lots  and  lands  fronting  on 
any  street  shall  have  heretofore  done,  or  shall  hereafter 
do,  any  work  (except  grading)  on  such  street,  in  front  of 
any  block,  at  his  or  their  own  expense,  and  the  city  council 
shall  subsequently  order  any  work  to  be  done  of  the  same 
class  in  front  of  the  same  block, .  said  work  so  done  at 
the  expense  of  such  owner  or  owners  shall  be  excepted 
from  the  order  ordering  work  to  be  done,  as  provided  in 
subdivision  eleven  of  this  section  of  this  act;  provide  d, 
that  the  work  so  done  at  the  expense  of  such  owner  or 
owners,  shall  be  upon  the  official  grade,  and  in  condition 
satisfactory  to  the  street  superintendent  at  the  time  said 
order  is  passed. 

Subdivision  Eleven — The  city  council  may  include  in  one 
resolution  of  intention  and  order  any  of  the  different  kinds 
of  work  mentioned  in  this  act,  and  it  may  except  there- 
from any  of  said  work  already  done  upon  the  street  to  the 
official  grade.  The  lots  and  portions  of  lots  fronting  upon 
said   excepted   work   already    done   shall   not   be   included   in 


0,  j7  ■  - 

the   -  »  Mas 

ii..»    be 
•  grading 

>n    of    it 

inipi  :"'t,    the 

■  il    iball    'lir>  vt     tl  pan 

work 

■  n    of    in 1 1  n- 
Buch 

■ 

.if    land, 

■    within    the    limit  - 

.1     diagram     shall 

I    by   tl.  rh   ■ball, 

ut    ti..  certify    i 

-hull 
tlll- 

: 

upon    ti 

■ 

:  .ll      SUOU 

lot,   p 

8li:lU   ■  lands  in  laid 

amount 

ag  shall  ai 
total  sum  npon  to  par 

a    of    land    io 

Bted    tl"  i 

iraati  d  1  rceivcd    by    • 

land. 

i   1    in 
tin 
four. 

app]  led  for  in  this 


1233  Act  3930,  §§  8,  H 

subdivision.     [Amendment    approved   March   31,  1891.    IStats. 
1891,  p.  201.] 

Sec.  8.  After  the  contractor  of  any  street  work  lias 
fulfilled  his  contract  to  tin-  satisfaction  of  the  street  super- 
intendent of  said  city,  or  city  council  on  appeal,  the  s 
superintendent  shall  make  an  assessment  to  cover  the  sum 
due  for  the  work  performed  and  specified  in  said  contract 
(including  any  incidental  exp<  uses),  in  conformity  with 
the  provisions  of  the  preceding  section  according  to  the 
character  of  the  work  done;  or,  if  any  direction  and  de- 
cision be  given  by  said  council  on  appeal,  then  in  con- 
formity with  such  direction  and  decision,  which  assessment 
shall  briefly  refer  to  the  contract,  the  work  contracted 
for  and  performed,  and  shall  show  the  amount  to  be  paid 
therefor,  together  with  any  incidental  expenses,  the  rate 
per  front  foot  assessed,  if  the  assessment  be  made  per 
front  foot,  the  amount  of  each  assessment,  the  name  of  the 
owner  of  each  lot,'  or  portion  of  a  lot  (if  knowu  to  the 
street  superintendent);  if  unknown  the  word  "Unknown" 
shall  be  written  opposite  the  number  of  the  lot,  and  the 
amount  assessed  thereon,  the  number  of  each  lot  or  por- 
tion or  portions  of  a  lot  assessed,  and  shall  have  attached 
thereto  a  diagram  exhibiting  each  street  or  street  crossing, 
lane,  alley,  place,  or  court,  on  which  any  work  has  been 
done,  and  showing  the  relative  location  of  each  district, 
lot,  or  portion  of  iot  to  the  work  done,  numbered  to  cor- 
respond with  the  numbers  in  the  assessments,  and  showing 
the  number  of  feet  fronting,  or  number  of  lots  assessed, 
for  said  work  contracted  for  and  performed.  [Amendment 
approved  March   14,   1889.     tttats.   1889,  p.   166.] 

Sec.  9.  To  said  assessment  shall  be  attached  a  war- 
rant, which  shall  be  signed  by  the  superintendent  of  streets, 
and  countersigned  by  the  mayor  of  said  city.  The  said 
warrant  shall  be  substantially  in  the  following  form; 

Form   of   the    Warrant. 

By    virtue    hereof,    1    (name    of     the     superintendent    of 

streets),    of    the    city    of    ,    county    of    (or    city 

and   county   of  ),   and   state   of   California,    by   virtue 


Act  3930,  5  9  STREETS  1»4 

of   tli<    authority    vested    in    mo   as   said    superintendent   odE 
do   authorize    and    empower    (name    of    fcdtitractWr), 
(his  or  their)   ag<  nts  oi  lemand  and  receive  the 

-    njiim    ti  iiit    nil .  1   diagram    here- 

to   attached!    and    this    shall    be    (hia   or    tbiir)    warrant   for 
im<\ 
(Date.) 

(name   of  superintendent  of  streets.) 

Countt  rsigm  <1   by    (name   of   inayur.) 

Said    warrant,    asBcesmcntj    .-mil    diagram,    togethei    with 

the  certificate  of  the  city  ei  bail  i"   recorded  in  the 

ofli.-c    i.f     said     superintendent    "t  Winn    so    re- 

eorded,   the  several   amounts  i  shall   be  a  lien  upon 

tin-    lands,    lets,   or   poi  pectiveljj 

for    tin     |n  rind   iif    tWO   years    from    ti  I   said   record- 

anleas  sooner  discharged;  and  from  and  after  the  date 

y   warrai  .  diagrsm  ami 

e,  all   persona   mentioned   in  section  eleven  "i    tins 

of    the    '-'intents   of    the 

At'ti  r    said    wan  tnt,    assessment,    diagram, 

and    oertifieate   are    recorded,   the  i  ihaU    be    delivered 

to  tin*  eontraetor,  or  Ins  ag(  st,  or  a  demand,  but 

not  until  after  the   payment  to  the  said  superintendent  of 

f      tin      im-idi  ntal      expenses     not     previously     paid 
by    tin    contractor,    or  tnd    by   virtus   "t 

warrant    said    Contractor,    or    his    agent    or  shall    be 

authorised   t.i   demand   and   receiv*    the   amount   of   the 
era!  over  the  sum  due   for  the   \\.>rk 

ified    in   Buob    contracts    and  r   it 

Shall    appear    by    an\     final    judgment    Oi     any    euiirt    of    this 
slate    that     any    Buit     brought    to  thi     liin    of    any 

sum  of    i' 
work  done  under   tin    provisions  of  this  act    has  bees 

1    by    reason    Of    any    defect,    error,    informality,    omis- 
si.m,  irregularity,  or  illegality   ii 
to    In    in.ii'    ami   issued,  ur   in   tin    record  or  in 

the    return     tin  r-  oi     made     !■>    "i  .  rin- 

tendent                                                                    I   then  in  may,   at 

any    time    within    thre.    months  alter   th(    rntrj  dual 
Judgment,    apply     to    said     superintendent 


12^5  __  STREETS.  Act  3930,  §  10 

issued  the  same,  or  to  any  superintendent  of  streets  in 
office  at  the  time  of  said  application,  for  another  assess- 
ment to  be  issued  in  conformity  to  law;  and  said  superin- 
tendent shall,  within  fifteen  days  after  the  date  of  said 
application,  make  and  deliver  to  said  applicant  a  new 
assessment,  diagram,  and  warrant  in  accordance  with 
law;  and  the  acting  mayor  shall  countersign  the  same 
as  now  provided  by  law,  which  assessment  shall  be  a  lien 
for  the  period  of  two  years  from  the  date  of  said  assess- 
ment, and  be  enforced  as  provided  in  section  seven  of  this 
act.  [Amendment  approved  March  31,  1S91.  Stats.  1891, 
p.  205.] 

Sec.  10.  The  contractor,  or  his  assigns,  or  some  person 
in  his  or  their  behalf,  shall  e-all  upon  the  persons  assessed, 
or  their  agents,  if  they  can  conveniently  be  founel,  and 
demand  payment  of  the  amount  assessed  to  each.  If  any 
payment  be  made  the  contractor,  his  assigns,  or  some 
person  in  his  or  their  behalf,  shall  receipt  the  same  upon 
the  assessment  in  pre  since  of  the  person  making  such 
payment,  and  shall  also  give  a  separate  receipt  if  demand- 
ed. Whenever  the  person  so  assessed,  or  their  agents, 
cannot  conveniently  be  found,  or  whenever  the  name  of 
the  owner  of  the  lot  is  stated  as  "Unknown"  on  the  assess- 
ment, then  the  said  contractor,  or  his  assigns,  or  some 
person  in  his  or  their  behalf,  shall  publicly  demand  pay- 
ment on  the  premises  assessed.  The  warrant  shall  be 
returned  to  the  superintendent  of  streets  within  thirty 
days  after  its  date,  "with  a  return  inelorsed  thereon,  signed 
by  the  contractor,  or  his  assigns,  or  some  person  in  his 
or  their  behaif,  verified  upon  oath,  stating  the  nature  and 
character  of  the  demand,  and  whether  any  of  the  assess- 
ments remain  unpaid,  in  whole  or  in  part,  and  the  amount 
thereof.  Thereupon  the  superintendent  of  streets  shall  re- 
cord the  return  so  made,  in  the  margin  of  the  record  of 
the  warrant  and  assessment,  and  also  the  original  contract 
referred  to  therein,  if  it  has  not  already  been  recorded  at 
full  length  in  a  book  to  be  kept  for  that  purpose  in  his 
office,  and  shall  sign  the  record.  The  said  superintendent 
of  streets  is  authorised   at   any   time   to   receive   the  amount 


5  11  UN 

•  Itic  npon   any  Warrant   issued  by  him, 

and  providi  d, 

thai    n<>    Bnch  arcade   after   suit   !                  com- 

nien  of  the  plaintiff  in  the  action, 

Bhal'  !-ir,'i     of    tlio   Ii<'n    until    tho 

ill  he   refunded   to  the  plaintiff;   and 
tb<    book*   -f   liis  of- 
fice, mi  of  the  amount   of  (Ik-  an 

rod  iction  to 

•    of   tho   party  or  1  -    f.>   whom    the 

•ntraetor 

'lie    time     nn<]     in 

I     in    thi  •      ■  •    shall    thenceforth 

hav  ■■■■!•  .1.    how- 

■    of  such 
■     v.  Iii.'ti    :\   return   may  be 

of    the                        and  war- 

tnaii                        -  ihall 

r   annum  until 
paid. 

11.     T!i.  •iniin!    in    the    assessment 

■  r   persona 
-    in    this    act, 
or  in  any  act  or  d 

ruination  in  relation  tl 

ta    not    been    porf. ir 
1    anil    .substantial    man- 
Hon  to 
or   !■  i    other   act,   detcrminal 

.11.  with- 
in thirty  warrant,  appeal  to  tho 
.1  in  this  Bection,  by  I  tint: 
their  J,  and. filing  1  with  the 
clert  iL  Nol ie<  of  the 
the  hi  ar                                   g  to  thr  worl 

.   and   to  •  ma- 

shall 
bed  tor  five  d  n  such  ap]  i  al,  th< 


1297  STREETS.  Act  3930,  5  12 

council  may  remedy  and  correct  any  error  or  informality 
in  the  proceedings,  and  revise  and  correct  any  of  the  act3 
or  determinations  of  the  superintendent  of  streets  relative 
to  said  work;  may  confirm,  amend,  set  aside,  alter,  modify, 
or  correct  the  assessment  in  such  manner  as  to  them  shall 
seem  just,  and  require  the  work  to  be  completed  according 
to  the  directions  of  the  city  council;  and  may  instruct  and 
direct  the  superintendent  of  streets  to  correct  the  warrant, 
assessment,  or  diagram  in  any  particular,  or  to  make  and 
issue  a  new  warrant,  assessment,  and  diagram,  to  con- 
form to  the  decisions  of  said  city  council  in  relation  thereto, 
at  their  option.  All  the  decisions  and  determinations  of 
said  city  council,  upon  notice  and  hearing  as  aforesaid, 
shall  be  final  and  conclusive  upon  all  persons  entitled  to 
appeal  under  the  provisions  of  this  section,  as  to  all  errors, 
informalities,  and  irregularities  which  said  city  council 
light  have  remedied  and  avoided;  and  no  assessment  shall 
)e  held  invalid,  except  upon  appeal  to  the  city  council,  as 
provided  in  this  section,  for  any  error,  informality,  or  other 
defect  in  any  of  the  proceedings  prior  to  the  assessment, 
or  in  the  assessment  itself,  where  notice  of  the  intention  of 
the  city  council  to  order  the  work  to  be  done,  for  which  the 
assessment  is  made,  has  been  actually  published  in  any 
designated  newspaper  of  said  city  for  the  length  of  time 
prescribed  by  law,  before  the  passage  of  the  resolution  or- 
dering the  work  to  be  done. 

Sec.  12.  At  any  time  after  the  period  of  thirty-five  days 
from  the  day  of  the  date  of  the  warrants,  as  herein  pro- 
vided, or  if  an  appeal  is  taken  to  the  city  council,  as  pro- 
vided in  section  eleven  of  this  act,  at  any  time  after  five 
days  from  the  decision  of  said  council,  or  after  the  return 
of  the  warrant  or  assessment,  after  the  same  may  have 
been  corrected,  altered,  or  modified,  as  provided  in  said 
section  eleven  (but  not  less  than  thirty-five  days  from  the 
date  of  the  warrant),  the  contractor  or  his  assignee  may 
sue,  in  his  own  name,  the  owner  of  the  land,  lots,  or  por- 
tions of  lots,  assessed  on  the  day  of  the  date  of  the  record- 
ing of  the  warrant,  assessment,  and  diagram,  or  any  day 
thereafter  during  the  continuance  of  the  lien  of  said  asscss- 
Gen.  Laws— 82 


Act  3930.  §  12  STREETS.  U» 

■  nt    rrmai 

unpaid,   with  thereon  :it   the  rat.    ..r  ten   per  tent 

|m  r  annum  until   |  i  in  all  eases  of  recover;  under 

the    ■  t,   the   plaintiff  Bhal]   r. 

sum   of   fifteen   dollars,   in   addition    to   ti  cost    90 

»ttO]  ,,        |||„,.,      <-,\,\      ri    gOV,    ry 

rough t,  nft(  r  a  personal  demand 

•  it  so  de- 
led, the  plaintiff  shall                 ■    titled  to  have  and  re- 

11   i|"llar<   as   at  ton  -.   in   addi- 

tion   to   ::!!    t.i  •  inding   that   the  suit    may 

•  ■v.  ry    in 
•  .1    !.'     may   ha  •                                           r.     Suit    may 

be   1  twit  hin  I  is,|i,-ti.in 

tlif    city    is    in    which    -aid    work    hag    In  rii    .|on,,    aii. I    111 

•    lottl,    portions   of 

.  ,\  i!  h  due  diligt 
In     ;  a   actions    may   lie    hail 

in  such  ,   in   t be  cod<  .s  and  la^i 

this  stat..     The    said   wairant,  and 

.    with    the    affldavil  non-payment, 

shall    in-    held    prima    1  the  reg   larity   and 

cori'  •!    the    prior    pr 

ami  ami    city    OOunejl 

upon     v.  I 

tb(    plaintiff  ' 

cover   in    tin    action.       1  in    which  I    shall    be 

■  all    hav-  li'  n 

prei 

to     lie    sol, I    ,■•  I     the    sai 

nd    "M    ap|  .  al. 
the   ap]  ■  il    '",    vi  Bted   with   th,    same   p 

.    on    the   court. 

ich  an  ap 
1m  q    o-l.i  r   case  -.     In   all  pi  nding, 

■    t    in   conflid 
wil,  .11  1..    liberally 

imendmenl    ap- 


1299  STREETS.  Act  3930,  §§  12%,  13 

Sec.  12%.  The  city  council,  instead  of  waiting  until  the 
completion  of  the  ifnprovemtnt,  may,  in  its  discretion,  and 
not  otherwise,  upon  the  completion  of  two  blocks  or  more 
of  any  improvement,  order  the  street  superintendent  to 
make  an  assessment  for  the  proportionate  amount  of 
contract  completed,  and  thereupon  proceedings  and  rights 
of  collection  of  such  proportionate  amount  shall  be  had  as 
in  sections  eight,  nine,  ten,  eleven,  and  twelve  of  the  act 
of  which  this  is  amendatory  is  provided.  [New  section 
approved  March  14,  1889.     Stats.  1889,  p.  169. J 

Sec.  13.  When  any  portion  of  any  street,  aver; vie,  lane, 
alley,  court,  or  place  in  said  city  improved,  or  any  side- 
walk constructed  thereon  shall  be  out  of  repair,  or  needing 
reconstruction,  and  in  condition  to  endanger  persons  or 
property  passing  thereon,  or  in  condition  to  interfere  with 
the  public  convenience  in  the  use  thereof,  it  shall  be  the 
duty  of  said  superintendent  of  streets  to  require,  by  notice 
in  writing,  to  be  delivered  to  them  or  their  agents  person- 
ally, or  left  on  the  premises,  the  owners  or  occupants  of 
lots  or  portions  of  lots  fronting  on  said  portion  of  said 
street,  avenue,  alley,  lane,  court,  or  place,  or  of  said  portiou 
of  said  sidewalks  so  out  of  repair  or  neeeling  reconstruction 
as  aforesaid,  to  repair  or  reconstruct,  or  to  do  both,  forth- 
with, said  portion  of  said  street,  avenue,  lane,  alley,  court, 
or  place,  to  the  center  line  of  said  street  in  front  of  the 
property  of  which  he  is  the  owner,  or  tenant,  or  occu- 
pant; and  said  superintendent  of  streets  shall  particularly 
specify  in  said  notice  what  work  is  required  to  be  done, 
and  how  the  same  is  to  be  done,  and  what  material  shall 
be  used  in  said  repairs,  or  reconstructions,  or  both.  If 
said  repairs,  or  reconstructions,  or  both,  be  not  commenced 
within  three  days  after  notice  given  as  aforesaid,  and 
diligently  and  without  interruption  prosecuted  to  comple- 
tion, the  said  superintendent  of  streets  may,  under  au- 
thority from  said  city  council,  make  such  repairs,  recon- 
struction, or  both,  or  enter  into  a  contract  with  any  suitable 
person,  at  the  expense  of  the  owner,  tenant,  or  occupant, 
after  the  specification  for  the  doing  of  said  work  shall 
have  been  conspicuously  posted  by  him  iu  his  office  for  two 
days,  inviting  bids  for  the  doing  of  said  work,  which  bids 
shall  be  delivered  to  him  at  his  office  on  or  before  the  sec- 
ond day  of  said  posting,  and  opened  by  him  on  the  next  day 


1,  15  STR:  1300 

ration  of  ;n^,   anil 

I  In-                    by   bim  1                   d  to  tin    lowi  -t    biddi  r.   if 

bid,  in  the  judgmei  I  ierint<  n- 

ili  ni ,   xh.-ill    b<     n  i                             •  pre- 

of  the  contract  to  Hie   Inspection  of  :tl! 

■ 
trad  ')  bo  commenced  Within  twenty- 

four  hour  and 

with, nit  delay  to  the 
rintendent.    13  ...  B(    ,,r 

laid. 

t,>    t 

I    il.  1  i  v  r    t'i    said 

|  . 

i    that   thi 
are   reasonabli    and  just,  :1ml   that   he,  laid  superintendent, 

1   approved    hfareh   14, 

ii      If   th(  of  tho   -.  materia]   for 

such    Impi  the    coini'l'  n n<l    the 

deli 

r.i  tin   contra 

demand,  •  tall    have 

tin-  or 

tin   amount  claimed  for  rk  and  mi  -1  "f  tin1 

righl  in    such 

on.     Said 

inti  ml,  I,-  by  him   in  hia 

•  1    to 

nim  oner. 

In  additi 
abo1  '*''    shall 

lution   it   ordinance,    to    pi 

be   in- 'in  ri  d    I 

■ 


1£01  STREETS.  Act  3930,   §§  16-19 

the    expenses    of    any    such    repairs    not    otherwise    provided 
for. 

Sec.  16.  The  person  owning  the  fee,  or  the  person  '.n 
whom,  on  the  day  the  action  is  commenced,  appears  the 
legal  title  to  the  lots  and  lands,  by  deeds  duly  recorded 
in  the  county  recorder's  office  of  each  county,  or  the  per- 
son in  possession  of  lands,  lots,  or  portions  of  lots  or  build- 
ings under  claim,  or  exercising  acts  of  ownership  over  the 
same  for  himself,  or  as  the  executor,  administrator,  or 
guardian  of  the  owner,  shall  be  regarded,  treated,  and 
deemed  to  be  the  "owner"  (for  the  purpose  of  this  law), 
according  to  the  intent  and  meaning  of  that  word  as  used 
in  this  act.  And  in  case  of  property  leased,  the  possession 
of  the  tenant  or  lessee  holding  and  occupying  under  such 
persons  shall  be  deemed  to  be  the  possession  of  such 
owner. 

Sec.  17.  Any  tenant  or  lessee  of  the  lands  or  lots  liable 
may  pay  the  amount  assessed  against  the  property  of  which 
he  is  the  tenant  or  lessee  under  the  provisions  of  this  act, 
or  he  may  pay  the  price  agreed  on  to  be  paid  under  the 
provision  of  section  thirteen  of  this  act,  either  before  or 
after  suit  brought,  together  with  costs,  to  the  contractor,  or 
his  assigns,  or  he  may  redeem  the  property,  if  sold  on 
execution  or  decree  for  the  benefit  of  the  owner,  within  the 
time  prescribed  by  law,  and  deduct  the  amount  so  paid 
from  the  rents  due  and  to  become  due  from  him,  and  for 
any  sums  so  paid  beyond  the  rents  due  from  him,  he  shall 
have  a  lien  upon  and  may  retain  possession  of  the  said 
land  and  lots  until  the  amount  so  paid  and  advanced  be 
satisfied,  with  legal  interest,  from  accruing  rents,  or  by 
payment  by   the   owner. 

Sec.  18.  The  records  kept  by  the  superintendent  of 
streets  of  said  city,  in  conformity  with  the  provisions  of 
this  act,  and  signed  by  him,  shall  have  the  same  force  and 
effect  as  other  public  records,  and  copies  therefrom,  duly 
certified,  may  be  used  in  evidence  with  the  same  effect  as 
the  originals.  The  said  records  shall,  during  all  office 
hours,  be  open  to  the  inspection  of  any  citizen  wishing  to 
examine  them,  free  of  charge. 

Sec.  19.  Notices  in  writing  which  are  required  to  be 
given  by  the  superintendent  of  streets,  under  the  provi- 
sions of"  this  act,  may  be  served  by  any  person,  with  the 
permission  of  the  superintendent  of  streets,  and  the  fact 
of  such  service  shall   be  verified  by  the  oath  of  the  person 


■    ■  .1    ■  *  .vim 

r   pui  ail 

•  I   under  the  proris 

oaths,    "i 

who 

' 
•    |"  r 

'  irch    1  ». 

p.    17"!] 

end   of 

■•    WIT. 

.     u mli  r    Miich 

irith    the 

I 
■ 

i 

.  i.li  il 
•  litiunally 

■ 

time, 

•  .1   for   th< 

an  at    place    within    tin    iminici- 


1303  .RTS.  Act  3930,  §§  22-24 

pality,  and  such  records  as  may  be  required  by  the  pro- 
visions of  this  act.  He  shall  superintend  and  direct  the, 
cleaning  of  all  sewers,  and  the  expense  of  the  same  shall 
be  paid  out  of  the  8tr<  et  or  Bewer  fund   of  said   city. 

Sec.  22.  It  shall  be  the  duty  of  the  superintendent  of 
streets  to  see  that  the  laws,  ordinances,  orders,  and  regu- 
lations relating  to  the  public  streets  and  highways  be  fully 
carried  into  execution,  and  that  the  penalties  thereof  are 
rigidly  enforced.  He  shall  keep  himself  informed  of  the 
condition  of  all  the  public  streets  and  highways,  and  also 
of  all  public  buildings,  parks,  lots,  and  grounds  of  said  city, 
as  may  be  prescribed  by  the  city  council.  He  shall,  before 
entering  upon  the  duties  of  his  office,  give  bonds  to  the 
municipality,  with  such  sureties  and  for  such  sums  as  may 
be  required  by  the  city  council;  and  should  he  fail  to  see 
the  laws,  ordinances,  orders,  and  regulations  relative  to 
the  public  streets  or  highways  carried  into  execution,  after 
notice  from  any  citizen  of  a  violation  thereof,  he  and  his 
sureties  shall  be  liable  upon  his  official  bond  to  any  person 
injured  in  his  person  or  property  in  consequence  of  said 
official  neglect. 

Sec.  23.  If,  in  consequence  of  any  graded  street  or 
public  highway  improved  under  the  provisions  of  this  act, 
being  out  of  repair  and  in  condition  to  endanger  persons 
or  property  passing  thereon,  any  person,  while  carefully 
using  said  street  or  public  highway,  and  exercising  or- 
dinary care  to  avoid  the  danger,  suffer  damage  to  his  per- 
son or  property,  through  any  such  defect  therein,  no  re- 
course for  damages  thus  suffered  shall  be  had  against  such 
city;  but  if  such  defect  in  the  street  or  public  highway 
shall  have  existed  for  the  period  of  twenty-four  hours  or 
more  after  notice  thereof  to  the  said  superintendent  of 
streets,  then  the  person  or  persons  on  whom  the  law  may 
have  imposed  the  obligations  to  repair  such  defect  in  the 
street  or  public  highway,  and  also  the  officer  or  officers 
through  whose  official  negligence  such  defect  remains  un- 
repaired, shall  be  jointly  and  severally  liable  to  the  party 
injured  for  the  damage  sustained;  provided,  that  said  super- 
intendent has  the  authority  to  make  said  repairs,  under  the 
direction  of  the  city  council,  at  the  expense  of  the  city. 

Sec.  24.  The  city  council  of  such  city  shall  have  full 
power  and  authority  to  construct  sewers,  gutters,  and  man- 
holes, and  provide  for  the  cleaning  of  the  same,  and  cul- 
verts or  cesspools,  or  crosswalks  or  sidewalks,  or  any  por- 
tion  of   any   sidewalk,   upon   or  in   any   street,   avenue,  lane, 


STREETS. 

alley,    court,    or   place    in    such    city;    nn.l    also    f'>r   draii 
pur]  r    or    through    any  I    or 

for  Bucb    purpost  s,   wil ' 

■ 
■ 

rln     work    <>r    imf -r  !    in    thi- 

Bhall   be  tten  or  any 

■ 

mneil   may,   in 

:iric|  ,.    .mi  In  d,    ami 

plan  .  and 

<'li  ai                          .    sliall    pr  i  i  ingi  ut    fund 

and    in    i  funds 

provid<  d,  "lit   nt    •  and 

building,  ra;    but    win  u- 

■ 
i   and   let   out   by 
and 

lir.M    in- 

Btax 

tuneil    may.    in  ■  r. 

by   resolution,  thai 

paid  <>ut 

led    for 
from  li   pari    I 

and   Bhall 

[■roviiii  d.      [A 
■      I 

Part    U. 

■t 
rer,  then  1 


1305  STREETS.  Act  3030,  §§  :'i.  2« 

cretion,  determine  to  construct  said  sewer,  and  assess  the 
cost  and  expenses  thereof  upon  the  property  to  be  affect- 
ed or  benefited  thereby,  in  such  manner  and  within  such 
assessment  district  as  it  shall  prescribe,  and  the  lien  there- 
for upon  said  property  shall  be  the  same  as  is  provided 
in  section  nine  of  this  act,  or  said  council  may  determine 
to  construct  said  sewer  and  pay  therefor  out  of  the  street 
contingent  fund. 

Sec.  28.  If,  at  any  time,  the  city  council  shall  deem  it 
necessary  to  incur  any  indebtedness  for  the  construction 
of  sewers,  in  excess  of  the  money  in  the  street  contingent 
fund  applicable  to  the  construction  of  such  sewers,  they 
shall  give  notice  of  a  special  election  by  the  qualified 
electors  of  the  city,  to  be  held  to  determine  whether  such 
indebtedness  shall  be  incurred,  feuch  notice  shall  specify 
the  amount  of  indebtedness  _proposed  to  be  incurred,  the 
route  and  general  character  of  the  sewer,  or  sewers  to  be 
constructed,  and  the  amount  of  money  necessary  to  be 
raised  annually  by  taxation  for  an  interest  and  sinking 
fund  as  hereinafter  provided.  Such  notice  shall  be  pub- 
lished for  at  least  three  weeks  in  some  newspaper  published 
in  such  city,  and  no  other  question  or  matter  shall  be  sub- 
mitted to  the  electors  at  such  election.  If,  upon  a  canvass 
of  the  votes  cast  at  such  election,  it  appear  that  not  less 
thnn  two  thirds  of  all  the  qualified  electors  voting  at  such 
election  shall  have  voted  in  favor  of  incurring  such  indebt- 
edness, it  shall  be  t,he  duty  of  the  city  council  to  pass  an 
ordinance  providing  for  the  mode  of  creating  such  indebted- 
ness, and  of  paying  the  same;  and  in  such  ordinance  pro- 
vision shall  be  made  for  the  levy  and  collection  of  an  an- 
nual tax  upon  all  the  real  and  personal  property  subject 
to  taxation,  within  such  city,  sufficient  to  pay  the  interest 
on  such  indebtedness  as  it  falls  due,  and  also  to  constitute 
a  sinking  fund  for  the  payment  of  the  principal  thereof, 
within  a  period  of  not  more  than  twenty  years  from  the 
time  of  contracting  the  same.  It  shall  be  the  duty  of  the 
city  council  in  each  year  thereafter,  at  the  time  when  other 
taxes  are  levied,  to  levy  a  tax  sufficient  for  such 
in  addition  to  the  taxes  authorized  to  be  levied  for  city  pur- 
poses. Such  tax,  when  collected,  shall  be  kept  in  the  treas- 
ury as  a  separate  fund,  to  be  inviolably  appropriated  to  the 
payment  of  the  principal  and  interest  of  such  indebtedness. 

Sec.  29.  If  bonds  are  issued  under  the  provisions  of  the 
last  section,  said  bonds  shall  be  in  sums  of  not  less  than 
one    hundred    dollars    nor    more    than    one    thousand    dollars, 


shnV  r    of    tlir 

-    Jot 

•  •!   by  the 

to   be 

lis-i' 
innmn. 

-h-ill. 
timi 

day  and 

hour  hit  i<«n     ti>     be 

I  lull. 

n  - 

■  I    by    t  i 

■ 

Ider,   bat 

:•   art  leet  than 

■  II. 

fun 

t    which    th.     I 

•      t<j  thi 

■  1     which  !.    if 

i   fund   left   in   tbi 

pur]  '  t:n  ii<  I  in  •  i:t    approved    March    15, 

i]    shrill    • 

pay  tli>  n 
or  by   I 
vid<  d,   ti  il   shall   . 

nt\   days  in  at  1< 
[li  tl  :1   n  hich    th'    s<  wi  r    is    I  .in  1 


1307  STREETS.  Act  3030,  §  3) 

one  in  the  city  and  county  of  San  Francisco,  for  sealed 
proposals  for  constructing  aaid  S(  we  r.  The  work  may  be 
let  in  sections,  and  must  be  awarded  to  the  lowest  respon- 
sible bidder,  the  council  having  the  right  to  reject  any  and 
all  bids.  The  work  shall  be  done  and  the  materials  fur- 
nished under  the  supervision  and  to  the  satisfaction  of  th.3 
superintendent  of  streets  and  the  city  engineer. 

Part    III. 

_  Sec.  34.  First — The  city  engineer,  or  where  there  ia  no 
city  engineer,  the  county,  or  city  and  county  surveyor,  shall 
be  the  proper  officer  to  do  the  surveying  and  other  engi- 
neering work  necessary  to  be  done  under  this  act,  and  to 
survey  and  measure  the  work  to  be  done  under  contracts 
for  grading  and  macadamizing  streets,  and  to  estimate 
the  costs  and-  expenses  thereof;  and  every  certificate 
signed  by  him  in  his  official  character  shall  be  prima  facie 
evidence  in  all  courts  in  this  state  of  the  truth  of  its 
contents.  He  shall  also  keep  a  record  of  all  surveys  made 
under  the  provisions  of  this  act,  as  in  other  cases.  In  all 
those  cities  where  there  is  no  city  engineer,  the  city 
council  thereof  is  hereby  authorized  and  empowerd  to  ap- 
point a  suitable  person  to  discharge  the  duties  herein  laid, 
down  as  those  of  city  engineer,  and  all  the  provisions  here- 
of applicable  to  the  city  engineer  shall  apply  to  such  per- 
son so  appointed.  Said  city  council  is  hereby  empowered 
to   fix   his   compensation   for   such    services. 

Seeond — The  words  "work,"  "improve, -*'  "improved" 
and  "improvement,"  as  used  in  this  act,  shall  include  all 
work  mentioned  in  this  act,  and  also  the  construction,  re- 
construction and  repairs  of  all  or  any  portion  of  said 
work. 

Third — The  term  "incidental  expenses,"  as  used  in  this 
act,  shall  include  the  compensation  of  the  city  engineer  for 
work  done  by  him;  also  the  cost  of  printing  and  advertis 
ing  as  provided  in  this  act,  and  not  otherwise;  also,  the 
compensation  of  the  person  appointed  by  the  superintend- 
dent  of  streets  to  take  charge  of  and  superintend  any  of 
the  work  mentioned  in  section  thirty-five  of  this  act.  All 
demands  for  incidental  expenses  mentioned  in  this  subdi- 
vision shall  be  presented  to  the  street  superintendent  by 
itemized  bill,  duly  verified  by  oath  of  the  demandant. 

Fourth — The  notices,  resolutions,  orders  or  other  mat- 
ter required  u>  be  published  by  the  provisions  of  this  act, 
and  of  the  act  of  which  this  is   amendatory,  shall   be  pub- 


}  34  STR'  "°* 

!    in    a   daily    •  -    •■ . '  ■  r<    such    there    is, 

and   v  .  .    „, ■mi-wcokly   or 

•    mch 

the    publicationa    In nin 
•     r.    that    only    in    case    there 

■  •  r    printed    or 
circulated  in  solutions, 

quired  to  b<    pub- 

'■     in    a     i  ;iiul     kc;  • 

for  quin  d    h<  r.  in    for    the 

publ  ;  v   or  wet  kly 

-  in    such    ■ 

•  I  •    provided 
pub- 

r  or  flei  of  the  the 

•  .an  that  providi  I 

.  ry    tn    give    validity    to   any 

■ 

•        :  ad   i  he  w  ■  -r.l  "eil 

i    M 

•  'l   to  Include,  all  aorptcm* 
tiom  _r,    and    I 

li'  r< 

1    in 
thia  .   and   include   pavt 

'•■_•. 
of   iron,   wood   or  otl.ir    ma* 
not,  which  the  eity  eouneil  shall 

d    in    this    act,    shall 
■  I    to,    and    is 

-.  .  -        • 

and  i  "  main  lallj 

It  ;      t  he 
nr   irp  f  ill    mean 

I    1>\    mail  or    partially   by   a 

• 

-  -ill   be  under- 

I  ■  d    :in      li<  r<  1. 

t     is, 

undi 

In    all    tl. 
inti  adt  nt    or 


1209  STREETS.  Act  3930,  §  35 

of  streets,  the  city  council  thereof  is  hereby  authorized  an  I 
empowered  to  appoint  a  suitable  person  to  discharge  the 
duties  herein  laid  down  as  those  of  street  superintendent  or 
superintendent  of  streets;  and  all  provisions  hereof  appli- 
cable to  the  street  superintendent  or  superintendent  of 
streets   shall    apply   to   such  so    appointed. 

Ninth — The  term  "city  council"  is  hereby  declared  to 
include  anybody  or  board  which,  under  the  law,  is  the 
legislative    department    of    the    government    of    any    city. 

Tenth — In    municipalities    in     which     there    is    no     m 
then  the  duties  impos*  d   upon  said  officer  by  the  provisions 
of  this  act  shall  be  jjerfornv  d  by  the  president  of  the  board 
of   trustees,  or  other  chief   executive   officer   of   the    munici- 
pality. 

Eleventh — The  term  "clerk"  and  "city  clerk"  as  used  in 
this  act,  is  hereby  declared  to  include  any  person  or  officer 
who   shall   be   clerk   of   the   said   city   council. 

Twelfth — The  term  "quarter  block,"  as  used  in  this  act 
as  to  irregular  blocks,  shall  be  deemed  to  include  all  lots 
or  portions  of  lots  having  any  frontage  on  either  inter- 
secting street  half  way  from  such  intersection  to  the  next 
main  street,  or,  when  no  main  street  intervenes,  all  the 
way   to   a  boundary   line   of   the   city. 

Thirteenth — The  term  "one  year,"  as  used  in  this  act. 
shall  be  deemed  to  include  the  time  beginning  with  January 
first  and  ending  with  the  thirty-first  day  of  December  of 
the    same    year. 

Fourteenth — Eeferences  in  certain  sections,  by  number, 
to  certain  other  sections  of  "this  act"  refer  to  the  num 
ber  of  the  sections  of  the  original  act,  as  heretofore  amend- 
ed, unless  it  appears  from  the  context  that  the  reference 
id  to  the  section  of  this  amendatory  act,  when  it  shall  be 
construed  according  to  the  "context.  [Amendment  approved 
March    31,    1891.     Stats.    1891,   p.    200.] 

Sec.  35.  The  superintendent  of  streets  in  all  cities  hav- 
ing a  population  of  fifty  thousand  or  over  shall,  when  in 
his  judgment  it  is  necessary,  appoint  a  suitable  person  to 
take  charge  of  and  superintend  the  construction  and  im- 
provement of  each  and  every  sewer  constructed  or  im- 
proved under  the  provisions  of  this  act,  and  of  piling  and 
capping,  sidewalks,  or  of  the  paving  of  whatever  char- 
acter heretofore  mentioned,  in  whole  or  in  part,  of  one 
block  or  more,  whose  duty  it  shall  be  to  see  that  the  con- 
tract   made    for   the    doing   of   said   work   is   strictly  fulfilled 


IMO 

in  i  i.part nr«-  therefrom  to 

mp<  rintendent  Bueb 

d    for   liis   time   actually   <  mploy<  1   in 

of   his  duti<  s'  such   eompene  shall   1>. 

•  .1    four    d  t    .l:iv.     The    Mm 

i.i.'li   bhe   party   m   employed   sin  titled   shall    be 

within    the     meaning 
Mt.     [Amendment    ap 
;    March 

'    entitled    "An    :..'t    to    provide  for    ths 

improvement    of    ^tr.-<t>,    lanes,    all.  \  and 

rs    within  munici 
I  :i  I  i  • 

n  bj    repealed;   provided,   thai    any   wort 

or    pi  !     ;.nor    t.i    thl 

!  1    in 

nil    i  i oder   laid    ac I 

hundred  and   .  i (_: i  said 

r 

Bball    tal  'i.l    1..-    in    fnr.T 

Imn  and    nil    acta   and    part* 

inflict   «  hereby  repealed;  and  pro- 

■  r.    t  hat    any  work    or 

■  il  commenced  urn  «f  n  hich   |  •                   nda 

tor]    Bball    in    now  d    thereby,   bat    shall    in    all 

i"     finished    and  completed    thereunder.     [Amend- 

I   approved   March   11,  ]                                 p.   178.] 

The     city     eounci]    is     hereby    empowered      to 
change   '»r    modify  lane, 

Bill  y,  plac  grade  or  r.  pave  I  he  Bam< 

inform    to    Buch    modified    grade,   in    the    mannei 
1 1 1 .- 1  tt.«r    provided.     Bef< 
(]i  ml  the  city  council  shall  pass  an  ordinance  ition 

of  intention  to  make  Buch  changi    <>r  modification  of  grade, 
and  it  shall  havi    power  al  i    time  and  in  th<    - 

ordinance   nr   resolution    tn    provide    tor   the   actual    cost    of 
performing  the  work  <>f  regrading,  r< 
walking,  or  curbing  of  said  street  ><r  portion  ■ 

Othef     mat.  rial     with     whioh     it  mrly 

.  il.    paved,    lowered,    sidewalked,   or   curbed;    and     that 
th.    ooat    "i    the   Bame   shall   also   be  assessed   upon 
district    which    is   deelar  d   to   bi  d   by  such  aha 

or  modified  grade.     One  or  mor 

I     in     the     sain,      ordinance     or     resolution. 


1311  .        STREETS.  Act  3330,  §§  39,  40 

Such  ordinance  or  resolution  shall  be  published  in  the 
newspaper  in  which  the  official  notices  of  the  city  coun- 
cil are  usually  printed  and  published;  and  such  newspaper 
is  to  be  designated  in  such  ordinance  or  resolution.  Such 
publication  snail  be  made  in  every  regular  issue  of  such 
paper  for  not  less  than  ten  days,  and  shall  describe  the  pro- 
posed change  or  modification  of  grade  or  regrading,  and 
shall  designate  and  establish  the  district  to  be  benefited 
by  such  change  or  modification  of  grade  or  regrading,  and 
to  be  assessed  for  the  cost  of  the  same.  Within  five  days 
after  the  first  publication  of  the  ordinance  or  resolution  of 
intention,  the  superintendent  of  streets  shall  cause  to  be 
conspicuously  posted  within  the  district  designated  in  the 
ordinance  or  resolution,  notice  of  the  passage  of  said  reso- 
lution. Said  notices  shall  be  the  same  in  all  requirements 
of  contents  and  posting  as  the  "Notices  of  Street  Work" 
provided  for  in  section  three  of  the  original  act  to  which 
this  is  amendatory.  If  no  objection  to  said  proposed 
change  or  changes,  or  modifications  of  grade,  shall  be 
filed  with  the  clerk  of  the  council  within  thirty  days  from 
the  first  publication  of  the  ordinance  or  resolution  of  in- 
tention hereinbefore  mentioned,  the  city  council  shall  have 
power  to  declare  such  grades  to  be  changed  and  estab- 
lished in  conformity  to  said  ordinance  or  resolution;  pro- 
vided, that  no  change  of  an  established  grade  shall  be 
ordered  except  on  petition  of  the  owners  of  a  majority 
of  the  property  affected  b}r  the  proposed  change  of  grade. 
[Amendment   approved   March  9,   1893.     Stats.   1893,  p.   89.J 

Sec.  39.  Within  thirty  days  after  the  first  publication 
of  said  notice,  any  person  owning  property  fronting  upon 
said  portions  of  the  street  or  streets  where  such  change 
of  grade  is  made,  may  file  a  petition  with  the  clerk  of  tin- 
city  council  showing  the  fact  of  such  ownership,  the  fie- 
scription  and  situation  of  the  property  claimed  to  be 
damaged,  its  market  value,  and  the  estimated  amount  of 
damages  over  and  above  all  benefits  which  the  property 
would  sustain  by  the  proposed  change  if  completed.  Such 
petition  shall  be  verified  by  the  oath  of  the  petitioners  or 
their  agents.  [Amendment  approved  March  9,  1S93.  Stats. 
1893,  p.  90.] 

See.  40.  Whenever  such  petition  or  petitions  have  been 
filed,  the  mayor,  surveyor,  and  superintendent  of  streets 
of  the  city,  or  city  and  county,  acting  as  a  board  of  com- 
missioners, shall  assess  the  b<  nefits,  damages,  and  costs 
of  the  proposed  change   of  grade  upon  each  separate  lot  of 


within    B  laid    lot 

upon   th<  ty,  or  city   and   county 

i  t     roll.  a  nt     approved     March    0, 

rn  to  ma 

•  heir 
■  •  Intendment 

12.      Ph( 

■   un- 
der 

- 

l     th«) 

dam  ••  r.   mi 

I 

and 
irith    it>   b 

■ 

• 

and    file 

rib* 
-  tiii   dam- 
ting  I 

and  i   <l--*<-ri;»- 

tion 

t|,0  ■  mnt  of  hpi 

in    I  '  ' 

upoi 
to  b 

.  i  .|     Mai 

If  in    ai  • 

ill     li.     in 
'lull! 


1313  STREETS.  Act  3930,  §  46 

menr  thereon,  or  any  interest  therein,  it  shall  be  set  down 
as  belonging  to  unknown  owners.  Error  in  the  designation 
of  the  owner  or  owners  or'  any  land  or  improvements,  or 
particulars  of  their  interest,  shall  not  affect  the  validity  of 
the  assessment.  On  the  tiling  of  said  report,  the  clerk  of 
said  city  council  shall  give  notice  of  such  filing  by  the 
publication  of  at  least  ten  days  in  one  or  more  daily  news- 
papers published  and  circulate. I  in  said  city;  or  if  there 
be  no  daily  newspaper,  by  three  successive  issues  in  a 
weekly  or  semi-weekly  newspaper  so  published  and'  circu- 
lated; and  said  notice  shall  require  all  persons  interested 
to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  city  council,  on  a  day  to  be  fixed 
by  the  city  council  and  stated  in  said  notice,  which  day 
shall  not  be  less  than  twenty  days  from  the  first  publica- 
tion thereof.  [Amendment  approved  March  9,  1S93.  Stats. 
1893,  p.  91.] 

Sec.  46.  All  objections  shall  be  in  writing  and  filed  with 
the  clerk  of  the  city  council,  who  shall,  at  the  next  meeting 
after  the  date  fixed  in  the  notice  to  show  cause,  lay  the  said 
objections,  if  any,  before  the  council,  which  shall  fix  a 
time  for  hearing  the  same;  of  which  time  the  clerk  shall 
notify  the  objectors  in  the  same  manner  as  are  notified 
objectors  to  the  original  resolution  of  intention.  At  the 
time  set,  or  at  such  other  time  as  the  hearing  mav  be 
adjourned,  the  city  council  shall  hear  such  objections  and 
pass  upon  the  same,  and  at  such  time  shall  proceed  to  pass 
upon  such  report,  and  may  confirm,  correct,  or  modify  the 
same,  or  may  order  the  commissioners  to  make  a  new 
assessment,  report,  and  plat,  which  shall  be  filed,  notice 
given  and  had,  as  in  the  case  of  an  original  report.  In 
case  the  ordinance  or  resolution  of  intention  also  pro- 
vides for  the  assessing  upon  the  district  the  cost  of  re- 
grading  or  repaving  such  street  or  streets  to  such  changed 
or  modified  grade,  after  the  report  of  the  commission)  rs 
as  to  the  damages  caused  by  such  change  of  grade 
been  passed  upon  b}r  the  city  council,  it  shall  then  advertise 
for  biels  to  perform  the  work  of  regraeling,  repaving,  sewer- 
ing, sidewalking,  or  curbing  such  street  or  streets  with  the 
same  or  other  material  with  which  the  same  had  been  for 
merly  graded,  paved,  sew<  r  d.  side-walked,  or  cur 
first  causing  a  notice,  with  specifications,  to  be  posteel  con- 
spicuously for  five  days  on  or  near  the  council  chamber 
door,  inviting  seal<  d  proposals  for  bids  for  doing  such 
work,  and  shall  also  cause  notices  of  said  work,  inviting 
Gen.  I>a\vs— 83 


Act  3«0.  §  4i  STRI  OH 

Is    and     H  fl  rr: '  •  DSted 

or  on  die,  t"  be  publish*  d  I  wo  d 
or   weekly    n< 

city,   and  mncil   foT   (hat   pUT] 

and    in    i  |    in    the 

tin  n  it  ^liall  be  posl  three  of  the 

g  nril  act  to  w'li.-li  tl  AH  pro] 

off*  red   eh  all    1 
rder  of  t hi 
■ 
than  t<  n  per  t  by 

■ 

ill    just  ity    und<  r   '>:ii I.    in    >l 
all   statu! 
•ir  Ih'.I*  slinil  be  d<  li\   r<  1  to  th< 

i»oun<*il   sii.-iii    in  i  inr-   and 

nnbliely  that    no 

nr    hi<l    shall     b<  inied 

eooneil   may   reject   any   and  all   bid* 

ii   award 
i    or  th<    three-fourths   « 

r  or  the 
of    tin  nnciJ 

may    r>  advertise    for    i  • 

■ill    tin  ri 
proc<  'il    in    tli'  >i'!'  rl.      All   cl 

rk    until    the 

certil  Forfeited  1  and 

shal  '■    :i11 

bon 

nt.i  such   fund.     N 

:    be    pul 
iiiainii  r    as    hereinbi  fore    pro\  id< 

ud      work.      |  Ann  n, Inn  nt     a] 
P-    ;,1-J 

After 

council    I 
the  coat    of    I 

land   l\  ing   w ithin   tin 


1315  STREKTS.  Act  3930,  §§  48,  49 

the  same  so  that  each  lot  will  be  assessed  for  its  propor- 
tion of  the  same.  a<  Tiling  to  the  benefits  it  receives  from 
the  work,  and  in  the  same  manner  in  which  the  damages 
caused  by  the  change  of  grade  were  assessed  upon  the 
same.  Such  commissioners,  in  making  such  assessment, 
shall  show  the  total  amount  for  which  each  lot  or  tract 
is  assessed,  in  excess  of  all  benefits,  for  the  total  cost  of 
changing  and  modifying  the  grade  of  the  street,  as  well  as 
the  regrading,  repaying,  s<  w<  ring,  sidewalking,  and  curb- 
ing of  the  same,  and  costs  or  damages  connected  therewith. 
The  provisions  of  the  act  to  winch  this  is  amendatory  in 
r<  gard  to  the  mode  or  manner  of  the  assessment  of  the 
cost  of  such  work  shall  not  apply  to  the  work  herein  con- 
templated; neither  shall  the  provisions  of  the  same  in  re- 
gard to  the  issuing  of  bonds  to  represent  the  cost  of  the 
same,  nor  the  provisions  in  regard  to  the  right  of  protest 
against  the  work.  [Amendment  approved  March  9,  1893. 
Stats.  1893,  p.  92.] 

Sec.  48.  The  clerk  of  said  city  council  shall  forward 
to  the  street  superintendent  of  the  city  a  certified  copy  of 
the  report,  assessment,  and  plat,  as  finally  confirmed  and 
adopted  by  the  city  council.  Such  certified  copy  shall 
thereupon  be  the  assessment  roll,  the  cost  of  which  shall 
be  provided  for  by  the  commissioners,  as  a  portion  of  the 
cost  of  the  proceedings  therein.  Immediately  upon  receipt 
thereof  by  the  street  superintendent,  the  assessment  there- 
in contained  shall  become  due  and  payable,  and  shall  be  a 
lien  upon  all  the  property  contained  or  described  therein. 
[Amendment   approved   March  9,   1893.     Stats.   1S93,   p.   93. J 

Sec.  49.  The  superintendent  of  streets  shall  thereupon 
give  notice,  by  publication  for  ten  days  in  one  or  more 
daily  newspapers  published  and  circulated  in  said  city,  or 
city  and  county,  or  two  successive  insertions  in  a  weekly 
or  semi-weekly  newspaper  so  published  and  circulated,  that 
he  has  received  said  assessment  roll,  and  that  all  sums 
levied  and  assessed  in  said  assessment  roll  are  due  and 
payable  immediately,  and  that  the  payment  of  said  sums  is 
to  be  made  to  him  within  thirty  days  from  the  date  of  the 
first  publication  of  said  notice.  Said  notice  shall  also  con- 
tain a  statement  that  all  assessments  not  paid  before  the 
expiration  of  said  thirty  days  will  be  declared  to  be  de- 
linquent, and  that  thereafter  the  sum  of  five  per  cent  upon 
the  amount  of  such  delinquent  assessment,  together  with 
the  cost  of  advertising  each  delinquent  assessment  will  be 
added  thereto.  When  paymt  nt  of  any  assessment  is  made 
to    said    superintendent    ol    streets,    he    shall    write    the    word 


■'.  }  49  STRE 

-  -   ec1  ive 
paid,  mil I  tli-  by  nr  for 

■  i    sh-ill    give    a    n 
therefor.    On  tin  said  thirty  days,  .-ill  a- 

ts    then    unpaid    shall    be    and    become    delinquent,    and 
aaperinti  na<  a\  til  certify  Bueb  t   • 

■  t    i-'-h,   and   shrill    add 
to  the  amoui  I  inquent. 

■ill.    within    five    •:  tin- 

ed   tn  a. he  rtiai  rioua 

-  <  1  <•  l i n 1 1 u .  nt,  and   '  thereof,   including  th< 

iieh    las!    shall    D<  sum    of 

of  land  Bcparnti  k 

property   in   the  latne 

manner    as    is    ur   may    l"'    provided    for    the    collection    of 

■  •!    .lit.  r   the    date   of   sai.i    de- 

linq  the    tiin.  ■      Il  it  in     pro- 

viilr. I    foT  at  shall    be   r<  <■<  ived,  the 

:■  <  In  r 

with   tin  already   Incurred,  shall 

h.     Sai-1    list    nf    delinqu<  d1 

•  ime   an. I  •  I.,    j  rop 

•  I     daily     fur 
rs  publish*  .i  and  circu- 
as  in  a  *  eekly 
■  i   circulati  .1    i>.  fore    the   da; 

j  -   I  r 

the 
..r  in   front   «.f  the  <>fli  sup<  rin- 

A  'I     ;  1.1    shall    I 

!<    in 
;      an.)    thi 
;ll,    if    th.  r..    i-    ao    rod*  mptioa, 
make  and  d<  liver  tut1  :  .  ,|  con 

dd,  and    may  i'. .11.  ;  til, 

b  d<  ■  ■!  one  dollar.     All  pp 
lir    law    in    rel  le    and    r.  dem] 

of  propi  county  taxes,  in  1 

•    are 

to  the  Bale  ami    •  ..  linquu  nt 

•    failure  ti»  ri  ■;• 
be    prin  f  the  regu  larity   .'i    all 

rruutee.      I 


1317  STREETS.  Act  3930,  §§  50,  51 

intendent  of  streets  shall  from  time  to  time  pay  over  to  the 
city  treasurer  all.  moneys  collected  by  him  on  account  of 
any  such  assessments.  The  city  treasurer  shall,  upon  re- 
ceipt thereof,  place  the  same  in  a  separate  fund,  desig- 
nating, each  fund  by  the  name  of  the  street,  square,  lane, 
alley,  court,  or  place  for  the  change  of  grade  for  which 
the  assessment  was  made.  Payments  shall  be  made  from 
said  fund  to  the  parties  entitled  thereto,  upon  warrants 
signed  by  the  commissioners  or  a  majority  of  them.  [Amend- 
ment  approved  March   9,    1S93.     Stats.    1893,   p.   93.] 

Sec.  50.  When  sufficient  money  is  in  the  hands  of  the 
city  treasurer,  in  the  fund  voted  for  the  proposed  work  or 
improvement,  to  pay  the  total  cost  for  damages,  as  well  as 
for  the  cost  of  doing  the  work,  and  all  other  expenses  con- 
nected therewith,  it  shall  be  the  duty  of  the  commissioners 
to  notify  the  owner,  possessor,  or  occupant  of  the  premise  s 
damaged,  and  to  whom  damages  have  been  awarded,  that 
a  warrant  has  been  drawn  for  the  payment  of  the  same, 
which  can  be  received  at  the  office  of  such  commissioners. 
Such  notification  may  be  made  by  depositing  a  notice,  post- 
age paid,  in  the  postoffice,  addressed  to  his  last  known 
place  of  residence.  If,  after  the  expiration  of  three  days 
after  the  service  or  deposit  of  the  notice  in  the  postoffice, 
he 'shall  not  have  applied  for  such  warrant,  the  same  shall 
be  drawn  and  deposited  with  the  city  treasurer,  to  be  de- 
livered to  him  upon  demand.  [Amendment  approved  March 
9,    1S93.     Stats.    1893,   p.    9-1.] 

Sec.  51.  If  the  owner  of  any  premises  damaged  neglects 
or  refuses,  for  ten  days  after  the  warrant  has  been  placed 
in  the  hands  of  the  city  treasurer,  subject  to  his  demand,  to 
accept  the  same,  the  city  council  may  cause  proceedings 
to  be  commenced,  in  the  name  of  the  city,  to  condemn  said 
premises,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  ordinance  or  resolution  of  intention  shall  be 
conclusive  evidence  of  the  necessity  of  the  same.  Such 
proceedings  shall  have  precedence,  so  far  ss  the  business 
of  the  court  will  permit,  and  any  judgment  for  damages 
therein  rendered  shall  be  payable  out  of  the  special  fund 
in  the  treasury  for  that  purpose.  At  any  time  after  the 
trial  and  judgment  entered,  or  pending  appeal,  the  court 
may  order  the  city  treasurer  to  set  apart  in  the  city  treas- 
ury a  sufficient  sum  from  said  fund  to  answer  the  judgnu  nt, 
and  thereupon  may  authorize  cr  order  the  municipality  to 
proceed  with  the  prooosed  work  cr  improvements.  In  casu 
of  a  deficiency  in  said  fund  to  pay  the  whole  assessed  judg- 
ment and   damages,   the   city  council   may,  in  its  discretion, 


Act  3931  8TREBT8. 

ordl  r  tlir    balance   tlicr. -nf  to  !"•   paid   OUt   dt  the  grnoral   fund 

v.  nr  to  be  distributed  by  tlio  commissioners 

■  n  t : 
but    in   thr   list    named   ease,   Iv  Did   delay,   the 

•  ,-ii    may  such   balance   oa1   df  any   avail- 

able fond  in  the  treasury,  ami  reimburse  the  Bame  from  the 
collection    of  -uch 

warrants  in  the  order  of  their  presentation;  provided,  that 

warr  ami      t  •  r  the 

w>rk    shall    have    prioi  and 

and   the   treasurer  shall  sir  that  sufficient    m 

.ins    in    the    fund    to    pay    all    warrants    Of    the    first    class 

,  I.      The   pi 

Hiic    thou  bundr<  d    and    (\f I  of 

e,    r<  quiring   t  he    :  ithiti 

thirty   di  ill    nol    apply 

to  Icred     in     proi  audi  r     I 

■I    Mar.-!      •       -  ,   J6\] 

58.      All     ith.  r     |.r  in     tlio    art    to 

which    tl  which    provisions    are    not 

ir   conflict   herewith,  shah  apply   to  all   m 
tained.     All  pro lings  in  any  work  or  improvement,  such 

-    pPOVidi  il    I'.ir    in    tl 

in    |  ■  or  by   rtrtue 

i  ordinance  or  resolution  of  intention  hcrel  -  d, 

may,     from     any     »t 

menced    and    now     in  bi     continued    ander    this 

act    by   r<  Bolution  work   or 

improvement   n»ay   then   i><  I   under  the 

it,  with   full   for  •(■  and  effect   in   all 
tl,,.  m  which  such  r 

Iution  or  ordinance  shall  declare  the  intention  to  1 
work    done    or    improvi 

!  under  tliis  act;  ami  from  such 
made     all    pi  had    nrc 

.'.tirim  d,    ami    made    ralid,    and    it 

unnecessary    to     rene*     or  tin    any     pro- 

prior    to    tl,.  this   act.     [Amend 

March   9,       !  95.] 

The    provisions    of    thi  ill    b<     lil 

I  to  permit   tl 
proved    March  '-'6.] 

A^T   3931. 
\,,     a,  t     to    provid*1     for    ; 

wid.  rting       un  ing,    oonl 


1313  STREETS.  Act  3031,  §§  i-3 

ing,  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane,  alley,  court,  or  place  within  municipali- 
ties or  cities  and  cities  and  counties  of  forty  thousand 
inhabitants  or  over,  and  to  condemn  and  acquire  any 
and  all  land  and  property  necessary  or  convenient  for 
that  purpose. 

[Approved    March    23,    1893.     Stats.    1893,    p.    220.] 

The    code    commissioners    say    of    this    act:    "Probably    unconstitu- 
tional.    (Darcy   v.    Mayor   of  San   Jose,   104   Cal.    642;    Pasadena   v     Stjm- 
son,    91   Cal.    858.) 
Cal.    Rep.    Cit     140,    360. 

Section  1.  Be  it  enacted:  Whenever  the  public  interest 
or  convenience  may  require,  the  city  council  of  any  mu- 
nicipality or  cities  and  cities  and  counties,  containing  over 
forty  thousand  inhabitants,  shall  have  full  power  to  or- 
der, and  upcu  the  petition  of  the  owners  of  a  majority 
of  the  frontage  to  be  taken  for  said  purpose  shall  order, 
the  opening,  extending,  widening,  straightening,  diverging, 
curving,  contracting,  or  closing  up,  in  whole  or  in  part,  of 
any  street,  square,  lane,  alley,  court,  or  place  within  the 
bounds  of  such  city,  and  shall  condemn  and  acquire  any 
and   all  lands   necessary   or   convenient   for   that    purpose. 

Se3.  2.  Before  ordering  any  work  to  be  done  or  im- 
provement made,  which  is  authorized  by  section  one  of  this 
act,  the  city  council  shall  then  pass  a  resolution  declaring 
the  intention  to  do  said  work,  describing  the  work  or  im- 
provement, and  the  land  deemed  necessary  to  be  tak^n 
therefor,  and  specifying  the  exterior  boundaries  of  the 
district  of  land  to  be  affected  or  benefited  by  said  work  >r 
improvement,  and  be  assessed  to  pay  the  damages,  cost, 
and  expense  thereof. 

Sec.  3.  The  street  superintendent  shall  then  cause  to 
be  conspicuously  posted  along  the  line  of  said  contemplate.! 
work  or  improvement,  and  not  more  than  three  hundred 
feet  in  distance  apart,  but  not  less  than  three  in  all,  no- 
tices of  the  passage  of  said  resolution.  Said  notice  shall 
be  headed,  "Notice  of  Public  Work,"  in  letters  not  less 
than  one  inch  in  length,  shall  be  in  legible  characters, 
state  the  fact  of  the  passage  of  the  resolution,  its  date, 
and,  briefly,  the  work  of  improvement  proposed,  and  refer 
to  the  resolution  for  further  particulars.  He  shall  also 
cause  a  notice  similar  in  substance  to  be  published  for  a 
period  of  ten  days  in  one  or  more  daily  newspapers  pub 
lished  and   circulated   in   said   city,   and   designated   by  said 


I    I  8  STRFRTP 

city  council;  "r  if  then  aily  newspaper  so  published 

then   bj 

bo   published, 
circu 

'  hrOUgh    wh<  m    la  • 

i-   who  will   be  damaged  «>r  aft'. 

u itlin    ten    di  t ho 

with   the  clerk  <>f   the 
tin<;  in  what 
n  \\'  be  damaged,  vrhieb  "!> 
red  1  •       ■    city  council, 

reception    by 
council,    • 
; 
•  \   a   timi 

thi  reafteT.    The   city 
I    such 

•  !   to  such 

■  hich   tae   bearing 
ii  shall  bear  the 

■ 

nil 

•milt  roll     • 

widening 

I    ' 

■   the 

I 
..    within    Hi-     tim. 
il    shall    b 

ide   which   is  authorized   bj 

risdicl  on,    as    pr<n  ided    in 

si 

t  regard, 


1321  STREETS.  Act  3931,  §§  7.  8 

have  full  supervision  of  the  proposal  vrork  or  improve- 
ment until  the  completion  thereof  in  compliance  with 
this  statute.  For  their  services  they  shall  each  receive, 
as  compensation,  not  to  exceed  five  dollars  for  every  day 
of  actual  service;  provided,  that  said  compensation  shall 
not  be  paid  for  a  longer  term  than  six  months  for  each 
district,  unless  extended  by  the  council.  Such  extension 
shall  not  exceed-  two  months  at  one  time,  nor  shall  the 
term  of  office  of  said  commissioners,  for  any  district,  con- 
tinue for  longer  than  one  year.  Such  compensation  shall 
be  added  to  and  be  chargeable  as  a  part  of  the  expenses 
of  the  work  or  improvement.  Each  of  said  commissioners 
shall  file  with  the  clerk  of  the  city  council  an  affidavit  and 
a  bond  to  the  state  of  California,  in  the  sum  of  five  thou- 
sand dollars,  to  faithfully  perform  the  duties  of  his  office. 
The  city  council  may  at  any  time  remove  any  or  all  of 
said  commissioners  for  cause  upon  reasonable  notice  and 
hearing,  and  may  fill  any  vacancies  occurring  among  them 
for  any  cause.  At  the  end  of  the  terms  of  said  com- 
missioners, they  shall  hand  over  all  unfinished  business 
to  the  city  council,  who  shall  complete  the  same.  In  all 
municipalities  where  there  is  a  board  of  public  works, 
such  board  shall  constitute  the  beard  of  commissioners  in 
this  section  provided  for,/  and  shall  perform  the  duties 
of  such  commissioners,  and  their  salaries  as  members  of 
the  bc?.rd  of  public  works  shall  be  in  full  compensation 
for  such  services.  It  shall  be  the  official  duty  of  the  city 
attorney  to  render  said  commissioners  ail  necessary  legal 
Services;  provided,  that  the  city  surveyor  shall,  for  any 
work  or  services  which  he  may  perform  by  the  direction 
of  the  common  ecuncil  or  other  legislative  department  of 
the  city  government,  receive,  in  addition  to  his  salary 
allowed  by  law,  all  sums  which  he  may  lay  out,  pay  out, 
or  expend  in  the  prosecution  of  said  work,  for  materials 
or  labor  necessarily   therein  by   him   employed. 

Sec.  7.  Said  commissioners  shall  have  an  office  assigned 
to  them  by  the  city  council,  in  the  city  hall,  and  shall 
have  power  to  employ  a  secretary,  at  a  salary  not  to  ex- 
ceed one  hundred  and  fifty  dollars  per  month,  and  such 
other  clerical  assistance  as  shall  be  provided  tnem  by  the 
city  council,  the  salaries  and  fees  of  whom  shall  be  estab- 
lished and  fixed  by  said  city  council. 

Sec.  8.  All  such  charges  and  expenses  shall  be  deemed 
as  expenses  of  said  work  of  improvement,  and  be  a  charge 
only    upon    the    funds    devoted    to    the    particular    work    or 


I  ;«.  10  !  iCTS. 

iropi 

land    ami    in 

;    by    tiii' 
■ 

irity 

wh.iInT 

■    land  <n 

;m,.l.  and  in  t;..  i  v.  in   steal]  tlir 

■    ■ 

•        vi'  w     tli" 

■•  .1    by    any    of 

■ 

■     • 

or    wi.l. 

•  r     Ailing 

■        nf 

■ik.  n.   for  iii'    work  or 

and    • 

-. 
t  in     comr 

iball   I-    ■ 


1323  STREETS.  Act  3931,  §§  11-11 

descriptive  number  shall  be  a  sufficient  description  of  it 
in  any  suit  entered  to  condemn  and  iu  all  respects.  When 
the  report  and  plat  ar<'  approved  by  the  city  council,  a 
copy  of  said  plat,  appropriately  designated,  shall  be  filed 
by  the  clerk  thereof  in  the"  office  of  the  recorder  of  the 
county. 

Sec.  11.  Said  report  shall  specify  each  lot,  subdivision, 
or  piece  of  property  taken  or  injured  by  the  widening  or 
other  improvement,  or  assessed  therefor,  together  with  the 
name  of  the  owner  or  claimant  tin  reof,  or  of  persons  in- 
terested therein  as  lessees,  incumbrances,  or  otherwise. 
so  far  as  the  same  are  known  to  such  commissioners,  and 
the  particulars  of  their  interests,  so  far  as  the  same  can 
be  ascertained,  and  the  amount  of  value  or  damage,  or  the 
amount  assessed,  as  the  case  may  be. 

Sec.  12.  Tf  in  any  case  the  commissioners  find  conflict- 
ing claims  of  title  exist,  or  shall  be  in  ignorance  or  doubt 
as  to  the  ownership  of  any  lot  of  land,  or  of  any  improve- 
ments thereon,  or  any  interest  therein,  it  shall  be  set  down 
as  belonging  to  unknown  owners.  Error  in  the  designa- 
tion of  the  owner  or  owners  of  any  land  or  improvements, 
or  of  the  particulars  of  their  interest,  shall  not  affect  the 
validity  of  the  assessment  or  the  condemnation  of  the  prop- 
erty to  be  taken. 

Sec.  13.  Said  report  and  plat  shall  be  filed  in  the 
clerk's  office  of  the  city  council,  and  thereupon  the  clerk 
of  said  city  council  shall  give  notice  of  such  filing  by  pub- 
lication for  at  least  ten  days  in  one  or  more  daily  news- 
papers published  and  circulated  in  said  city;  or  if  there  be 
no  daily  newspaper,  by  three  successive  insertions  in  a 
weekly  or  semi-weekly  newspaper  so  published  and  cir- 
culated. Said  notice  shall  also  require  all  persons  interest- 
ed to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  city  council,  on  or  before  a  day  fixed 
by  the  clerk  thereof,  and  stated  in  said  notice,  which 
day  shall  be  not  less  than  thirty  days  from  the  first  pub- 
lication thereof. 

Sec.  14.  All  objections  shall  be  in  writing,  and  filed 
with  the  clerk  of  the  city  council,  who  shall,  at  the  next 
meeting  after  the  day  fixed  in  the  notice  to  shew  cause, 
lay  the  said  objections,  if  any,  before  the  city  cojlncilj 
which  shall  fix  a  time  for  hearing  the  same,  of  which 
the    clerk    shall    notify    the    objectors    in    the    same    manner 


'•>r3    to    the    01  •  tion    of    intention.        At 

tin'     timi  ol  h<  r    time    as    tlio    hefi : 

be    adjoui  i  i  d   1  tncil    ahal]  ixxth    objec- 

-  upon  thi  n.l  at  such  time,  »>r  if  there 

first  meeting  afl       I  set  in 

such    ord  h    other    time    as    may 

shall   proceed  to   pass  upon  Birch  report,  and  may 

I'.iiiiirm,    com  it    or    modify, 

then  tn    .-mil    ord«  i  re- 

port, and    plat,   vrhieta   in    either   i*;iso   shall    be 

fill  d,  and  ring  had,  as  in  1 

tin    original   report;    but   no   report,  or   plat,  "r   .-i- 

:  ••  r   thf   expiration 
appointing  nt. 

Tin'   i'l.  rk   us  simii    forward 

i 
•  t,  and  plat  aa  finally  I  and 

!      copy      shall 
tin  i  and     thirty    .1 

Iii  ii   mi    the    prop*  ii \ 

improvement, 
a*  h<  ri  inbi  led, 

in    laid   city   and   county, 

I  ly     or     V' 
.t   hi.  hai 
I    nil    siim~    h  \  led 
am!  I    roll     ai 

t  hat     t  i  mis 

iiini    w  i;  hin    thirty  .    •,    of 

:ilsn 

th.    i  "ill   1"'   deelart  >l    to 

di  li]  i'l    that     •  i  he    Mini    of    five    ]»  r 

■■nit    of    t  Mih    ill  linqm 

dl  lilllpK   : 

will    I"     added    then  to.      Winn    payment    ol    a 

the    word    "Paid"   and    tb<  -    •    the 

and    the    nam 
by   or   lor   whom    - 

saiil     thirl  In  n      tin] 

ami    I  i  .  ruit<  i,'i' 


1325  STREETS.  Act  3931,  |  16 

shall  certify  such  fact  at  the  foot  of  said  assessment  roll, 
and  shall  add  five  per  cent  to  the  amount  of  each  ass<  ss- 
ment  so  delinquent.  The  said  superintendent  of  streets 
shall,  within  five  days  from  the  date  of  said  delinquency, 
proceed  to  advertise  and  collect  the  various  sums  delin 
quent  and  the  whole  thereof,  including  the  cost  of  ad 
vertising,  which  last  shall  not  exceed  the  sum  of  fiftj 
cents  for  each  lot,  piece,  or  parcel  of  land  separately  as> 
sessed,  by  the  sale  of  the  assessed  property  in  the  same 
manner  as  is  or  may  be  provided  for  the  collection  ot 
state  and  county  taxes;  and  after  the  date  of  said  delin- 
quency, and  before  the  time  of  said  sale  herein  provided 
for,  no  assessment  shall  be  received  unless  at  the  same 
time  the  five  per  cent  added  thereto,  as  aforesaid,  together 
with  the  cost  of  advertising  then  already  incurred,  shall 
be  paid  therewith.  Said  list  of  delinquent  assessments 
shall  be  published  daily  for  five  days  in  one  or  more 
daily  newspapers  published  and  circulated  in  such  city, 
or  by  at  least  one  insertion  in  a  weekly  newspaper  so  pub- 
lished and  circulated,  before  the  day  of  sale  of  such 
delinquent  assessment.  Said  time  of  sale  must  not  be 
less  than  seven  days  from  the  date  of  the  first  publication 
of  said  delinquent  assessment  list,  and  the  place  must  be 
in  or  in  front  of  the  office  of  said  superintendent  of  streets. 
All  property  sold  shall  be  subject  to  redemption  in  the 
same  time  and  manner  as  in  sales  for  delinquent  state  and 
county  taxes;  and  the  superintendent  of  streets  may  col- 
lect for  each  certificate  fifty  cents,  and  for  each  deed  one 
dollar.  All  provisions  of  the  law  in  reference  to  the  sale 
and  redemption  of  property  for  delinquent  state  and  county 
taxes  in  force  at  any  given  time  shall  also  then,  so  far 
as  the  same  are  not  in  conflict  with  the  provisions  of  this 
act,  be  applicable  to  the  sale  and  redemption  of  property 
for  delinquent  assessments  hereunder,  including  the  issu- 
ance of  certificates  and  the  execution  of  deeds.  The  deed 
of  the  street  superintendent  made  after  such  sales,  in  case 
of  failure  to  redeem,  shall  be  prima  facie  evidence  of  the 
regularity  of  all  proceedings  hereunder  and  of  title  in  the 
grantee.  It  shall  be  conclusive  evidence  of  the  necessity 
of  taking  or  damaging  the  lands  taken  or  damaged,  and  of 
the  correctness  of  the  compensation  awarded  therefor. 
The  superintendent  of  streets  shall,  from  time  to  time, 
pay  over  to  the  city  treasurer  all  moneys  collected  by  him 
on  account  of  any  such  assessments.  The  city  treasurer 
shall,  upon  receipt  thereof,  place  the  same  in  a  separate 
fund,    designating    such    fund    by    the    name    of    the    street, 


Act  3531.  {J  17.  1»  STREETS.  #  VM 

square,  !anr.  rt,  or  place  for  t ho  widening,  open- 
ing,   or    other  improvement    of    which    thi 
made.     Pays  •  be    ma'l  ■    from    s.tiil   fnnd    to  the 
pari  to,    upon     warranta    ifcgTind    by    the 

01  :i    DOS  (Ority  of  them. 

i     snffi.ii  nt    money    is    in    the    hands    of    the 

city   treasurer,   in   the   fond  devoted   to   the   proposed  work 

or   Improvement,   t<>    >  the    Land    or   Unprovementa 

!,    and    when,    in    the    discn  I    n    of    the 

conr  :n,  the  time  shall  have 

mak<    pavm<  eta,  it   shall   be  the  duty  of  the  eom- 

t\     the    owni  r.    i  . pant 

.!iy    land   or  ata    thereon    to    whom   dam 

shall   li.-r.  rznnt   1ms  been  drawn 

fur    the    paymi  it    of  1  .   and    thj 

such    warranl  ■  upon 

prop*  rty  to  be  taken :  such 

a    in  ■  •  ■     ,\  n    ..win  rs.    tn 

be   made    by  paid,   in    the 

■  l   to   his   last    known    place  of  abodi    or 

n.-. .     It.  at    the   expiration   of   thirty    days   after  tin' 

told    not    have    applied    for 

such  warrant  thi    Land  to  be 

drawn   shall   be  deposited  with     the 

county    '  and   ■hall   be   delivered    to    snch    owner, 

ipant,    upon     I  M 

of    COndi  lunation    shall    !><■    h:nl, 

when  tin    s.i!!i.    > hull  be  canceled. 

!<?.      It"  1><      taken    n. 

or    n  :'    the    warrant    drawn    in    his    favor,    'is 

afon  said,  or  I  i   the   ri  port   as   to   tb< 

tnk;-  with    thi 

ity  council,  n  to  b<    taki  n  for  the 

condemnation  thei  w  under  the 

of    i  lomain.     The    complaint    may    aver    that    it    la 

the  city  to  take  or  damage  am!  a  the 

sai.i  in- nt    therein,   a*   the   eaa<    may   be, 

without  rt h   tin  ga   herein    provided 

and    the    resolution    and    ordinance     ordering    Baid    work    to 
be    done    shall    1"  --ity. 

|]    b<     brought    in    the    name    of    the 
municipality,   and   hav< 
of   the    courl    will    p<  rmit ;    and 

tin  r>  in    ri  n  '■  r<  il    shall    1-     payabli     onl    of   Hueh    portion    of 
the   special    fund    as    may   remain    in    the    treaswry,   so   far 


1227  STREETS.  Act  3931,  §§  19-21 

as  the  same  can  be  applied;  At  any  time  after  trial  and 
judgment  entered,  or  preceding  an  appeal,  the  court  may 
order  the  city  treasurer  to  set  apart  in  the  city  treasury 
a  sufficient  sum  from  the  fund  appropriated  to  the  particu- 
lar improvement,  to  answer  the  judgment  and  all  damages, 
and  thereupon  may  authorize  and  order  the  municipality 
to  enter  upon  the  land  and  proceed  with  the  proposed  work 
and  improvement.  In  case  of  a  deficiency  in  said  fund 
to  pay  the  whole  of  said  judgment  and  damages,  the  city 
council  shall  order  the  balance  thereof  to  be  paid  out  of 
the  general  fund  of  the  treasury. 

Sec.  19.  The  treasurer  shall  pay  such  warrants  out  of 
the  appropriate  fund,  and  not  otherwise,  in  the  order  of 
their  presentation;  provided,  that  warrants  for  land  or 
improvements  taken  or  damaged  shall  have  priority  over 
warrants  for  charges  and  expenses,  and  the  treasurer  shall 
see  that  sufficient  money  is  and  remains  in  the  fund  to  pay 
all  warrants  of  the  first  class  before  paying  any  of  the 
second. 

Sec.  20.  If  any  title  attempted  to  be  acquired  by  virtue 
of  this  act  shall  be  found  to  be  defective  from  any  cause, 
the  city  council  may  again  institute  proceedings  to  acquire 
the  land  as  in  this  act  provided,  or  otherwise,  or  may 
authorize  the  commissioners  to  purchase  the  same,  and 
include  the  cost  thereof  in  a  supplementary  assessment, 
as  provided  in  the  last  section. 

Sec.  21.  1.  The  words  "work"  and  "improvement,"  as 
used  in  this  act,  shall  include  all  work  mentioned  in  sec- 
tion one  of  this  act. 

2.  In  case  there  is  no  daily  or  weekly  or  semi-weekly 
newspaper  printed  and  circulated  in  the  city,  then  such 
notices  as  are  herein  required,  to  be  published  in  a  news- 
paper shall  be  posted  and  kept  posted  for  the  length  of 
time  required  herein  for  the  publication  of  the  same  in 
a  weekly  newspaper,  in  three  of  the  most  public  places 
in  such  city.  Proof  of  the  publication  of  posting  of  any 
notice  provided  for  herein  shall  be  made  by  affidavit  of 
the  owner,  publisher,  or  clerk  of  the  newspaper,  or  of  the 
poster  of  the  notice. 

3.  The  word  "municipality"  and  the  word  "city"  shall 
be  understood  and  so  construed  as  to  include  all  corpora- 
tions heretofore  organized  and  now  existing,  or  hereafter 
organized,  for  municipal  purposes. 


:.   3  23  STREETS.  133 

'inn    "street    sup'  f  t"    and    ' '  ■npSTintend- 

!  in  this  act,  shall  be  understood  and 
•  md    are    hereby    deelared    to 

inch  .    doty   it   is,  under 

-  tin-  im- 
provement thereof,  in  any  city.  In  .-ill  those  cities  win  ro 
tin  ]•■  .         t.  n  1. nt      or    su|"  rintendent   of 

•     v  antborised    and 

a   suitab  to   discharge   the 

r<  in    bud  •]»  rintendent 

i   .-ill   the   provisions  hereof 

-t;»  rint"  i 

I  apply  to  potato  d. 

'  is  hereb;  Include 

!  which,  under  the  law,  is  the  legislative 

I 

•  ■].  rk, ' '   as   MM  'I    in    this 
KM    Of    1'ili.-.  r 
v.  II  nciL 

-."     as     lisril 

in   t  ■  Inelndi    any   j  i  rson   or  <>fli  hall 

.    f umls. 

The  may  >r.  tax  <•  ad  elty  nr  <-itv  and 

•  -  •   all   municipalities 

this   acl 

•    •  den- 

'  '  ir.'h 
nine,     ■;•.■■ 
■ 
la   bo  ird  "f  audit,  v. 
■ 
fully 

including   the 
•  I    of 
audit,   oi  fits   mi  Ik  r<  by   autboi 

-     ill    fin.l    ' 
■ 
tin  roof  and  to  t  s.-ii.] 

i.l     allow 
i     for     ii. 


1329  STREETS.  Act  *r» 

by  said  city  council,  and  when  said  taxes  are  collected  the 
said  amounts  shall  be  paid  out  of  the  general  fund  of 
said  municipality  in  the  same  manner  as  other  claims  and 
demands  are  paid. 

Sec.  23.  The  act  approved  March  sixth,  eighteen  hun- 
dred and  eighty-nine,  entitled  An  act  for  opening,  widen- 
ing, and  extending  streets,  etc.,  after  the  passage  of  this 
act,  shall  not  apply  to  any  city  or  city  and  county  having 
a  population  of  forty  thousand  inhabitants  or  over;  but 
as  to  any  city  or  city  and  county  having  a  population  of 
forty  thousand  or  over  said  act  shall  not  apply;  but '  said 
cities  and  cities  and  counties  shall  be  subject  only  to  the 
provisions  of  this  act  in  all  matters  embraced  within 
the  purview  of  this  act;  provided,  however,  that  the  pres- 
ent city  council  or  other  governing  body  of  any  munici- 
pality of  forty  thousand  inhabitants  or  over  shall  have 
power,  by  a  three-fourths  vote  of  its  members,  to  extend 
the  lite  of  any  existing  commission  until  its  work  shall 
have  been  completed  as  in  said  act  provided;  but  in  all 
other  cases  in  cities  or  cities  and  counties  of  forty  thou- 
sand inhabitants  or  over,  the  assessments,  plats,  and  re- 
ports filed  by  said  commissioners  are  declared  to  be  null 
and  void,  and  all  moneys  collected  under  the  provisions 
of  said  act  shall  be  refunded  to  the  persons  from  whom 
the  same  were  collected,  in  the  same  manner  as  taxes 
which  have  been  twice  collected,  and  the  said  commis- 
sioners are  hereby  removed  from  office;  provided  further, 
however,  that  in  case  of  the  lands  necessary  to  widen 
or  open  any  street,  there  shall  have  been  actually  pur- 
chased and  conveyed  to  the  municipality,  under  the  pro- 
visions of  said  act  of  March  sixth,  eighteen  hundred  and 
eighty-nine,  more  than  one-half  of  the  land  necessary 
for  said  improvements,  as  shown  by  the  report  and  plat 
on  file,  then  said  streets,  and  the  improvement  thereof, 
shall  not  be  affected  by  this  act,  but  the  same  shall  be 
completed  as  commenced. 

Sec.  24.  This  act  shall  be  liberally  construed,  to  pro- 
mote the  objects  thereof. 

This  act  shall  take  effect  and  be  in  force  from  the  time 
of  its  passage. 

ACT  3932. 

An   act   to   provide   a   system   of   street   improvement   bonds 
to  represent   certain  assessments  for   the  cost  of  street 
Gen.  Laws — 84 


Act  3'.-32,   §5  1.  2  SOTS.  1310 

worl;    and    ltnpf*Vi  mi  nt    witliin    municipalities,    ;i n « 1 
for    I  lb    tiun.ls. 

[Approved   F<  r-\  p.  33.] 

An  40. 

Oil    it-r    CH     ■:.-.   i?3:    M  "~».   131:    m 

ir   a»   It    in.  lei  ■...; 

1.     Wherever  in  il 

:ni.l    thaU    I"     tiikrn    tO    Ml.  :in.    tie 

,■  d  • '  A  n  ■    work   upon  streets,  lanes, 

1    for   construction 

municipi  Man  h     i  igb 

ii   hundri  |  ml   :il!   arts   am«n 

or    supplementary    I  sd      win  r>  v>  r 

in     •  J     bod)      or    offiC(  r 

aol  herein 

h>     ill'  :n) 
•nl    or     ;  tin- 

■ 

all  act  tary   tli«  t 

lUCil    Of    any    nmnic  i  pality 

in  tl  ihall  find,  np  in  i  stimati  n<  <  r, 

that  improvemi  nt    an- 

thor  "' r  than  fifty 

•    so   pro- 

ater    ction 

work  i'"' 

noW<  r.     i  ,!l°      that     Si  rial     b 

w..rk    or    ini- 
led, 

i   their  dati .  and  annual   proportion 

•on, 

r  their  d 

until  '    '     :i    '"    payable 

■ 

•    r,    at    •   •     n 
•     annum    nn    all 

■     it  I 
unieipalH 

mis    paid    hira 


1331  STREETS.  Act  3932,  §§  3,  4 

said  bonds  and  the  interest  thereon,  and  from  which  he 
sball  disburse  such  suras,  upon  the  presentation,  of  said 
coupons;  and  under  no  circumstances  shall  said  bonds  or 
the  interest  thereon  be  paid -out  of  any  other  fund.  Said 
city  treasurer  shall  keep  a  register  in  his  office,  which 
shall  show  the  series,  number,  date,  amount,  rate  of  in- 
terest, payee  aud  indorsees  of  each  bond,  and  the  number 
and  amount  of  each  coupon  or  principal  or  interest  pai  i 
by  him,  and  shall  cancel  and  file  each  coupon  so  paid. 
[Amended   March    2,    1899.     Stats.    1899,    p.    40.] 

Sec.  3.  When  said  city  council  shall  determine  that 
serial  bonds  shall  be  issued  to  represent  the  expenses  of 
any  proposed  work  or  improvement  under  said  street- 
work  act,  it  shall  so  declare'  in  the  resolution  of  intention 
to  do  said  work,  and  shall  specify  the  rate  of  interest 
which  they  shall  bear.  The  like  description  of  said  bonds 
shall  be  inserted  in  the  resolution  ordering  the  work,  in 
the  resolution  of  award,  and  in  all  notices  of  said  pro- 
ceediftgs  required  by  said  street-work  act  to  be  either 
posted  or  published;  and  also  a  notice  that  a  bond  will 
issue  to  represent  each  assessment  of  twenty-five  dollars 
or  more  remaining  unpaid  for  thirty  days  after  the  date  of 
the  warrant,  or  five  days  after  the  decision  of  said  council 
upon  an  appeal,  and  describing  the  bonds,  shall  be  in- 
cluded in  the  warrant  provided  for  in  section  nine  of  said 
street-work  act.  [Amended  March  2,  1899.  Stats.  18D9 
p.   40.] 

Sec.  4.  After  the  full  expiration  of  thirty  days  from 
the  date  of  the  warrant,  or  if  an  appeal  be  taken  to  the 
city  council,  as  provided  in  section  eleven  of  said  street- 
work  act,  then  five  days  after  the  final  decision  of  said 
council,  and  after  the  street  superintendent  shall  have 
recorded  the  return,  as  provided  in  section  ten  of  the 
same  act,  the  street  superintendent  shall  make  aud  certify 
to  the  city  treasurer  a  complete  list  of  all  assessments  un- 
paid, which  amount  to  twenty-five  dollars  or  over,  upon 
any  assessment  or  diagram  number;  and  said  treasurer 
shall  thereupon  make  out,  sign,  and  issue  to  the  contractor, 
or  his  assigns,  payee  of  the  warrant  and  assessment,  a 
separate  bond,  representing  upon  each  lot  or  parcel  of 
land  upon  said  list  the  total  amount  of  the  assessments 
against  the  same,  as  thereon  shown.  And  if  said  lot  or 
parcel  of  land  is  described  upon  said  assessment  and  dia- 
gram by  its  number  or  block,  or  both,  and  is  also  desig- 
nated  by   its   number    or   block,    or   both,    upon    the    official 


Act  3932,  S  *  STREETS.  1333 

map  of  said  municipality,  or  upon  any  map  on  file  in  the 
office  <>f  the  county  recorder  of  the  county  in  which  s;i i>l 
municipality  is  situated,  tin  n  it  shall  be  in  said  bond  q 
Bufficienl  description  of  said  lot  or  parcel  of  land  to  di 
nate  it  by  said  number  or  Mock,  <>r  both,  as  it  appears 
on  said  official  <>r  recorded   map. 

Said    bund    shall   be   substantially   in   the   following   form: 

Street    Improvement    B 

Beriei  (designating  it),  in  the  city  (or  other  form  of 
the    municipality)    of    (naming  it). 

$ 100.  .  .     No.  . 

I  mil  r  and  by  virtue  of  an  act  of  the  legislature  of  the 
state  of  California  (title  of  said  act),  I,  out  of  the  fund 
for   the   shore   designated   Btreet-improvement  bonds,   si 

,   will    pay   to  ,   or   order,   the   sum    of   dollars 

(| )   with  interest  at   the  rate  of  per  cent  jar  an- 
num, all  as  is  hereinafter  specified,  and  ;it  the  office  of  the 

treasurer  of  the of ,  state  of  California!    Thie 

bond    is    issued    to    represent    the    cost    of    certain    si 

k    upou  ,   in   the   of  — ,   as   the   same   is 

fully    described     in     assessment    number .  by 

ntendent    of    said    ,    after    his    accept- 
ance  of   said   work,   and    recorded    in    his   office.     Its   amount 

is  the  amouni  -'    the  lot 

or   parcel   of   land    numbered    therein,    and    in    the    diagram 

attached  then  lumber  ,  and   which  now  remains 

unpaid,    but    until    paid,    with    accrued     U  Lfl    a    first 

lien    upon   the   pro  d    thereby,    as    the   same    is 

ribed  herein,  and  in  said  recorded  assessment  with  its 

to   wit:    the    lot   or    parcel    of    land    in    said   of 

f  county  of  ,  state  of  California,  . 

This    bond    is    payable  ly    from    said    fund,    astd 

neither   the   municipality   nor  any  officer   thereof   La    to    he 
liolden   for    payment   otherwise    of    its    principal    or    int. 

i   ,,['   this  bond   is  years  from    its  da1 

the    expiration    of    Baid    time    the    whole    sum    then    un 
I  be  due  and  payable;   but   on   the  Becond  day  of  Jana- 
eaah   year    after    its    date   au    even    annual    proportion 


1333  STREETS.  Act  3932,  5  4 

of  its  whole  amount  is  due  and  payable,  upon  presentation 
of  the  coupon  therefor,  until  the  whole  is  paid,  with  all 
accrued  interest  at  the  rate  of  per  centum  per  annum. 

The  interest  is  payable  semi-annually,  to  wit:  on  the 
second  days  of  January  and  of  July  in  each  year  hereafter, 
upon  presentation  of  the  coupons  therefor,  the  first  of 
which  is  for  the  interest  from  date  to  the  next  second  day 
of  ,  and  thereafter  the  interest  coupons  are  for  semi- 
annual interest,  except  the  last,  which  is  for  interest  from 
the  semi-annual  payment  next  preceding  and  to  the  date 
of   the   final   maturity  of   this   bond. 

Should  default  be  made  in  the  annual  payment  upon  the 
principal,  or  iu  any  payment  of  interest  from  the  owner  of 
said  lot  or  parcel  of  land,  or  any  one  in  his  behalf,  the 
holder  of  this  bond  is  entitled  to  declare  the  whole  unpaid 
amount  to  be  due  and  payable,  and  to  have  said  lot  or  par- 
cel of  land  advertised  and  sold  forthwith,  in  the  manner 
provided  by   law. 

At  said  of  this  day  of  ,  in  the  year 

one  thousand  hundred  and  . 


City  treasurer  of  the  of  . 

Provided,  that  in  case  the  amount  of  unpaid  assessments 
upon  any  lot  or  parcel  of  land  shall  be  less  thon  twenty- 
Jive  dollars,  then  the  same  shall  be  collected  as  is  here- 
inbefore   provided    in   part    one    of    said    street-work    act. 

Provided,  also,  that  if  any  person,  or  his  authorized 
agent,  shall  at  any  time  before  the  issuance  of  the  bond 
for  said  assessment  upon  his  lot  or  parcel  of  land  present 
to  the  city  treasurer  his  affidavit,  made  before  a  com- 
petent officer,  that  he  is  the  owner  of  a  lot  or,  parcel  of 
land  in  said  list,  accompanied  by  the  certificate  of  a 
searcher  of  records  that  he  is  such  owner  of  record,  and 
with  such  affidavit  and  certificate  such  person  notifies  said 
treasurer  in  writing  that  he  desires  no  bond  to  be  issued 
for  the  assessments  upon  said  lot  or  parcel  of  land,  then 
no  such  bond  shall  be  issued  therefor,  and  the  payee  of 
the  warrant,  or  his  assigns,  shall  retain  his  right  for 
enforcing  collection  as  if  said  lot  or  parcel  of  land  had 
not  been  so  listed  by  the  street  superintendent. 


Act  3»r.   I  I  1334 

-•  rial 

■  ■ 
at  t;. 

■ 
In    annual  MCOBd    •  nu.irv    in 

tvI.   until    all     i: 

"ion 
niial 
i.-h    chilli 
M    tin- 
fur    1 1  *  *  - 
>m|    tin-    1  .-t — t    of    which    Bhnll 
■  m, I    <l:i\ 

:i     the 

.       ... 

■ 

f    which    ' 

- 
.11    b.     prima    I 

•  _•-  inder 

■ 

■  -       •      ■.!•'• 

..f  said   li-  n, 

A.] 

.       | 

I 
nn<l 

unircr    pro.-crd    to    r.  find    sell    «aid    lot    or    ] 


1335  STREETS.  Act  3932,  ?  5 

of  land  as  herein  provided,  then  the  whole  bond  or  its  un- 
paid remainder,  with  its  accrued  interest,  ;is  expressed  in 
said  bond,  shall  become  due  and  payable  immediately,  and 
on  the  day  following  shall  become  delinquent. 

Subdivision  a.  Upon  the  application  of  the  holder  of 
any  bond  that  is  now  or  shall   hereafter  become  delinquent 

as  provided  in  this  section,  the  said  city  treasurer  shall" 
publish  for  two  weeks  in  a  newspaper  of  gi  neral  circula- 
tion, to  be  designated  by  him,  published  in  the  city  where 
his  office  is  situated,  a  notice  which  must  contain  the  date, 
number,  and  Beries  of  the  delinquent  bond,  a  description 
of  the  property  mentioned  in  said  bond,  and  the  name  of 
the  owner  of  such  property  (if  known),  and  if  unknown, 
the  fact  shall  be  so  stated,  the  amount  due  thereon,  and 
a  statement  that  unless  the  amount  of  said  bond  and  the 
interest  due  thereon,  together  with  the  cost  of  publication 
of  such  notice  are  paid,  the  real  property  described  in  sail! 
bond  will  be  sold  at  public  auction  on  a  day  to  be  thereon 
fixed,  which  shall  not  be  less  than  fifteen  nor  more  than 
thirty  days  from  the  day  of  the  first  publication  of 
notice,  and  the  place  of  such  sale,  which  must  be  the  oftfee 
of  the  said  city  treasurer. 

Subdivision  b.  The  city  treasurer,  before  the  day  of 
sale  hereinafter  provided  for,  must  file  with  the  city  clerk 
a  copy  of  the  publication,  with  an  affidavit  of  the  publisher 
of  such  newspaper,  or  some  one  in  his  behalf,  attached 
thereto,  that  it  is  a  true  copy  of  the  same;  that  the  pub- 
lication was  made  in  a  newspaper,  stating  its  name  and 
place  of  publication  and  the  date  of  each  appearance  in 
which  such  publication  was  made — which  affidavit  is  pri- 
mary evidence  of  all  the  facts  stated  therein. 

Subdivision  c.  The  city  treasurer  must  collect,  in  addi- 
tion to  the  amount  due  on  such  bond,  the  cost  of  the  pub- 
dcation  of  such  notice,  and  fifty  cents  for  the  certificate  of 
jale,  as  hereinafter  provided. 

Subdivision  d.  At  any  time  prior  to  the  sale,  the  owner 
or  person  in  possession  of  any  real  estate  offered  for  sale 
under  the  provisions  of  this  a->t  may  pay  the  whole  amount 
«f    said    bond    then    due,    with    costs,    aud    such    bond    shall 


t,  5  .'  BTRflKTS.  UM 

i;>nn    be  :    but    m  oase    such    pS]  Dot 

by   such  .  <>r   by   some 

one    in    behalf    of    such  the 

property  subject  thereto  shall  u  herein  provided. 

Bobdiviaion   f.     The  city   I  re  delivering 

.  must,  in  a  book   kept   iii  I  pur- 

ent<  r    t  Dotobi  r,   i  :.   a 

u    of    the    land    sold    e  with    the    de- 

scripl ion    of    :  parohasi 

name,   thi  I  "ms 

on   tin'  margio  of  the   1 k,  and   pnl  nuni- 

iblic 
.   and 
In    shall  •  the  bond  the  words  '*Can- 

of   the   property,"   gi 

Bubdiv  I  mm.  diately   on    t  hi 

shall  i    li.  ii    mi    the    pro 

td   him,   tn   the   extent  -   only  dn 

such  lien  by  the  paj  mi  pur- 

including  a    provid 

a  at  the  rate  of  oi  .   month  t  rem 

(if     thr      | 

be   mad.-   by   the   ■ 

within    tv. 
nr  at  any  time  prior  to  the  application  for  a 
inafter     provided.     Redempl  lawful 

'  !i.  n     ma 

t  r.  aaurer   he  •  t    paid    I 

named  in   his  certificat  y  it  on  demand  to  hi 

his   a 

i.     On    n  the 

ler   must    file    it,   and    make   :m    i  ntry    in    :i 
to    that     1 
shall    In 

■ 

mom  v,   thi 

"Redeemed,"    the    date,    and    by    wh 

u   of   the  book  w 
made. 

j.      Iff 
the   t  imi    allow<  d    by   Bub  li .  ision   h 
tion,    the    city    tr. 
application   i>:  r    his    at> 


1337  STREETS.  Act  39C2    j|  5 

to   said  purchaser,  or  his  assignee,  a  deed  to   the  property, 
reciting  in   the   deed,  substantially,  the   matter  contained   in 
the   certificate,  and   that  no   person   has  redeemed   the    prop- 
erty during  the  time  allowed  for  its  redemption;  the  treas- 
urer   shall    be    entitled    to    receive    from    the    purchase    two 
dollars   for   making   said    deed,   which    shall   be   deposited   m 
the  city  treasury  for  the  use  of  the  city  after  payment  has 
been  made  therefrom  for  the  acknowledgment  of  said   deed; 
provided,    however,   that   the    purchaser   of   the   property,   or 
his  assignee  must,  thirty  days  prior  to  the  expiration  of  the 
time   of   the   redemption,  or   thirty   days   before   his    applica- 
tion for  a  deed,  serve  upon  the  owner  or  agent  of  the  prop- 
erty purchased,  if  named  in  such   certificate,   and   upon   the 
party   occupying  the   property,   if   the   property  is   occupied, 
a    written    notice,    stating    that    said    property,"  or    a    portion 
thereof,    has    been    sold    to    satisfy    the    bond    i;,,71     the    ,]., to 
of    sale,    the    date,    number,    and    series    of    the    bond,    the 
amount  then   due,  and  the   time   when   the  right  of  redemp- 
tion   will    expire,    or    when    the    purchaser    will    apply    for 
a  deed,  and  the  owner  of  the  property  shall   have   the  right 
of    redemption    indefinitely,    until    such    notice    shall     have 
been    given    and   said    deed    applied    for,   upon    the    payment 
of   the    fees,   penalties,    and    costs   in    this    act    required.      In 
case    of    unoccupied     property,    a    similar    notice     must     be 
•posted   in   a    conspicuous    place   upon   the    property    at    li  as1 
thirty   days   before   the   expiration   of   the   time   for   redemp- 
tion,   or    thirty    days    before    the    purchaser    applies    for    a 
deed;   and  no  deed  to  the  property  sold,  in  accordance  with 
the    provisions    of    this    act,    shall    be    issued    by    the    city 
treasurer    to    the    purchaser    of    such    property,    until    sucii 
purchaser   shall   have   filed   with   such    treasurer   an    affidavit 
showing   that   the   notice   hereinbefore   required   to   be   given 
has  been  given  as  herein  required,  which  said  affidavit  shall 
be   filed   and   preserved  by   the   said   treasurer   as   other   rec- 
ords   kept    by    him    in    his    office.     Such    purchaser    shall    be 
entitled   to   receive    the   sum    of    fifty   cents   for   his    service 
of    such    notice    and    the    making    of    said    affidavit,    which 
sum    of   fifty   cents   shall    be    paid    by    redemptioner'  at    the 
time  and  in  the  same  manner  as  the  other  sums,  costs    and 
fees  are  paid. 

Subdivision  k.  The  deed,  when  duly  acknowledged  or 
proved,  is  primary  evidence  of  the  regularity  of  all  pro- 
ceedings theretofore  had,  and  conveys  to  the  grantee  the 
absolute  title  to  the  lands  described  therein,  as  of  the 
date  of  the  expiration  of  the  period  for  redemption  free 
of  all  incumbrances,  except  the  lien  for  state,  county    and 


.    J  6  1*S8 

mnnierpa]   taxes.     [Amended    bCarcJi   2,  It 

trn'-k   or  tmck8  of  any 

: 
Mn  ri  from    auch    pt 

• 
..r    •  the 

or    ini|  in      ;iU  to     that 

rd<  v  >\   to   be   performed   ander  N  ii'':i 

thin 
' 

■ 
■xr-r  imn 
bj    him,  .i.l     to     ii 

upon    n 
thirty  days,  "r  within  of    time 

_h  cl 

h    work    <>r    iinj  r©T(  DM  nt    in    1 1n 

nmnnrr   or  rdi  r>'<l,    i-  eity 

■  mi  ■!. 
and    snr-'  pre- 

• 
■ 
with   the  f\<Tk  of  imp- 

i  ork    or    im]  • 

mncil  t<>   : 
surh     work     or    in 

■ 
provi  I'd.      The    friilur- 
t.ikt  n  ai 
wit! 

-'mil     take     no    full  -,'S    i"    th< 

anl<  ss  such 

I 

h     work 
rx  rform 
■ 
.  il    may    pace    an 


1339  STREETS.  Act  3932,  §  6 

performed,  and  a  statement  tbat  unless  within  thirty 
days  after  the  recording  of  the  return  of  the  warrant,  or 
within  five  days  after  the  final  decision  of  the  council  on 
an  appeal,  the  said  person  or  company  shall  pay  the  cost 
of  said  work,  or  the  street  superintendent  of  said  city  shall 
issue  bonds  to  represent  the  cost  of  said  work,  stating 
also  that  the  cost  of  said  work,  in  case  bonds  shall  issue, 
shall  be  paid  in  ten  yearly  installments,  and  also  the  rate 
of  interest  (not  to  exceed  ten  per  cent  per  annum)  that 
the  same  shall  bear.  The  subsequent  procedure  shall  be 
as  provided  by  the  "Street-work  Act."  A  similar  state- 
ment shall  also  be  incorporated  in  all  notices  required  to 
be  posted  or  published  by  the  provisions  of  the  "Street- 
work  Act";  also  in  the  ordinance  or  resolution  ordering  the 
work,  advertisement  for  proposals,  and  in  the  contract. 
Whenever  the  person  or  cempany  owning  any  such  railroad 
shall  not  have,  within  thirty  days  after  the  recording  of 
the  return  of  the  warrant,  or  within  five  days  after  the 
final  decision  of  the  council  on  an  appeal,  paid  the  cost  of 
such  work,  the  street  superintendent  shall  issue  to  the 
contractor,  or  his  assigns,  bonds  for  the  amount  of  such 
cost,  which  shall  describe  the  franchise,  tracks,  and  road- 
bed along  or  between  which  said  work  has  been  performed, 
and  describing  the  same  as  upon  the  assessment  and  dia- 
gram, giving  its  assessment  number.  Such  bonds  shall 
also  describe  the  work  performed,  giving  the  total  amount 
of  the  cost  of  such  work,  the  name  of  the  owner  of  said 
railroad,  the  number  of  installments  in  which  the'  cost 
of  the  work  is  to  be  paid,  and  the  rate  of  interest  which 
the  deferred  payments  shall  bear.  Said  bonds  shall  be  in 
sums  of  not  loss  than  one  hundred  dollars  or  more  than 
one  thousand  dollars,  and  shall  recite  that  the  total  amount 
of  the  cost  of  such  work,  together  with  the  interest  there- 
on, as  represented  in  said  bonds,  is,  except  state,  county, 
and  municipal  taxes,  a  first  lieu  upon  all  the  track,  road- 
bed, switches,  and  franchises,  of  said  railroad  lying  within 
the  corporate  limits  of  the  city  or  town,  on  any  part  of 
which  said  work  has  been  performed.  Said  street  super- 
intendent shall  also  keep  a  record  of  such  bonds,  as  re- 
quired by  section  eighteen  of  the  ' '  Street-work  Act. ' ' 
Whenever  bonds  have  been  issued,  as  herein  provided,  the 
same,  together  with  the  cost  of  such  work  and  the  interest 
thereon,  shall  be,  except  state,  county,  or  municipal  taxes, 
a  first  lien  upon  all  the  tracks,  roadbed,  switches,  and 
franchises  of  said  railroad  within  the  corporate  limits 
of   the   eity  or   town,  on   any  part  of  which  said   work   has 


Act  E>33  STREETS.  iMO 

[  i  rformed.     G  and    five    of  this  act,  re- 

gar<!;-  loaure  of  strei  t  bonds, 

ibcd     tin  n  in,    shall    apply 

rk  required  to  be  p<  rfonned   by 

the   treasurer   )>y   said   sections  shall   be    performed   by   the 

nt,    in    so    far  fox    the    1'iv- 

•  in-  provisions  of 

!   tn  a  |  ■  anil   the 

ntemplated  by  this  section. 

All    pi  not    ineonsisti  nt 

with  I  ball  apply  h<  i 

!    in    this   Mt, 

shall   ■  and   include  any  pi  raon   who.  osdei 

A  ax    of    the    ftinils   of 
mnnicipaJ 

Dtitled  "An  act  to  ami  ml  an  act  '  -ntitlcd 
'An  rk    upon  lanes,   alloys, 

-  \v- 

d     intiiii  •  -1     March  ?ith, 

In  'l    and  by  adding  I bi  reto    an 

r,     consisting  '   of      sections 

rfy- 

im- 

nth,   alghti  ea 

bundn  il  by   I  I   to 

anil    al!  ngs    hitherto    commenced    thei 

may    be    comph  ted    anil    have    full    force 
•    ,  -     ■       •         i .  ,  1 . 

M    take   effect   and  of   force 

from    ami   aft.  r   its 

ACT   3933. 

\n    r,,»  |   regulating  the  manner  of  sale  anil   re- 

for   di  linqui  i  inents 

■  »r  or   in- 
t,,    :  (tending,    widening,    straight- 

■  ontracl  g    up, 

in  ilh  y, 

cou'-  thin  municipalities  in  this  gi 

[A] 

n   si-nate 

and  assembly 

1.     A  II   sales,  and    red*  mpl  i 
,,  Ll  u [ 'i hi    w  leviod    and    as- 


1341  SUISUN    CITY— SUNDAY.  Acts  3938-3H48 

sesses  to  pay  the  damages,  costs,  and  expense  for  or 
incident  to  laying  out,  opening,  extending,  widening, 
straightening,  diverging,  curving,  constructing,  or  closing 
up,  in  whole  or  in  part,  any  street,  square,  lane,  alley, 
court,  or  place  within  municipalities  in  this  slate,  shall 
remain  unpaid  and  become  delinquent  under  the  provis- 
ions of  any  act  or  law  regulating  such  matters,  shall  be 
made  and  had  in  the  same  time  and  manner  as  such  sales 
and  redemption  were  required  by  law  to  be  made  and 
had  on  the  first  day  of  January,  Anno  Domini  eighteen 
hundred  and  ninety-five. 

Sec.    2.     All    acts    or   parts   of   acts   in    conflict   with    this 
act  are  hereby  repealed. 

Sec.   3.     This   act   shall  take   effect   and  be  in  force  from 
and  after  its  passage  and  approval. 


TITLE  480. 

SUISUN  CITY. 
ACT    3938. 

Authorizing    and    empowering    board    of    trustees    to    grade 
and   improve   streets.      [Stats.   1871-2,   p.   658.] 

"Superseded  by  1885,  147,  chap.  CLIII;  and  by  the  incorporation  of 
the  city  under  Municipal  Government  Act  of  1883."— Code  Commission- 
era'   Note. 


TITLE  481. 

SUMMONS. 
ACT   3943. 

Concerning    service    of    summons    upon    absent    defendants. 
[Stats.    1871-2,   p.   392.] 
Repeaied  1873-4,   495. 


TITLE  482. 

SUNDAY. 
ACT  3948. 

To     prohibit     barbarous     and     noisy      amusements     on     the 
Christian    Sabbath.      [Stats.    1855,   p.   50.] 
Superseded  by  sees.   299-301,  Pen.   Code,  which  have  been  repealed. 


Acts  3949-reo  SUPERVISORS.  UO 

ftCT   3949. 

Fj  provide  for  the  bettor  observance  of  the  Sabbath.    [Stats. 

p.  1-4-l 

This  act   wai  dr-ciared   v-)hl   In   Ex   parte   Newman,   S  Ca»l.   602. 

ACT    3950. 

For  L881,    p.    C55.J 

.    Code,    sec    M    et    acq.,    which    have    r>- 

ACT  3951. 

Cal.   ON.) 

stwaan   six    p.    i  aad    six    p. 

It   Is  in   fu 

ACT    3952. 

To   |  '    from  labor.  398,  p.  54.] 

I   a   rest    In    £. 


TITLE   483. 

ACT 

Ti>    .  iardl    of    supervisors    to    authorize    the    emploj- 

mint  of  deputies  in  certain  eases.     ,  J7.J 

•   Uie  Count)   Government  Act*,  aee  M 

ACT    3958. 

To  •  napli    boards  ol   aupen  isora  and 
tn    pari  Tin    • 

XIV,  "f   tii istituti..!!.  L881,   p.  54.] 

i  >'  nat.  ass.) 

This  act   related   to  the   fixing  of_  water   m 

ACT    3959. 
Authorising  boards  of 

sitatus  in  criminal  eases.     [81 

In   full  In  to   Penal  Code,   p 

ACT    3960. 

Is    ooafsx    power    apoo    supervisors  U     sewers. 

"''■J 


1S43  SUPREME    COURT    COMMISSION— LIBRARY.     Ac ts  3961-3974 

Superseded    by    County    Government    Act    and    the    charter    of    San 
Francisco. 
Cal.    Rep.   Cit.     98,   683. 

ACT    3961. 

Authorizing  any  board  of  supervisors  to  refund  the  bonded 
indebtedness.     [Stats.   1885,  p.  211.] 

Superseded   by   subd.    13,   sec.   25,   1S97,    460. 

ACT   3962. 

Authorizing  board  of  supervisors   to   transfer  certain  funds. 
[Stats.    1880,   p.    133.] 

Superseded  by  subd.   18,    sec.    23,   1897,    463. 

This  act  authorized  the  transfer  of  swamp   land  funds  to  the  gen- 
eral fund. 
Cal.   Rep.   Cit.     142,   449;    142,   450. 

ACT  3963. 

Empowering  boards  of  supervisors  to  levy  a  special  tax 
for. the  purpose  of  displaying  products  and  industries 
of  any  county  at  domestic  or  foreign  expositions,  lor 
the  purpose  of  encouraging  immigration  and  increasing 
trade  in  the  products  of  the  state,  [btats.  19U1,  p. 
569.] 


TITLE  484. 
SUPREME  COURT   COMMISSION. 
ACT   3968. 

To   provide   for   the   appointment   of   supreme   court   commis- 
sioners.     [Stats.  1S»9,  p.  13.] 
Superseded  1S93,  1. 

ACT    3969. 

Providing    for    the    appointment    of    supreme    court    commis- 
sioners  and   their   secretary.     [Stats.   1893,   p.   1.] 
Cunuuued  li'JT,   M;    chap.   LII;     1&99,   11;     liol,   273;    X*Jt,   17a. 


TITLE  485. 
SUPREME    COURT    LIBRARY. 
ACT   3974. 

To    provide    a   law   library    for    the    supreme    court.      [Stats. 
1867-8,   p.    659.] 

Superseded   by   Political   Code,    sees.    2313-2316. 


Act*  3  :•" •    ' ''.*..  J  l    BUPKBMB    COURT    REPuRTER-SURVEYORS.     HM 

ACT    3975. 

To    authorize    t ho    justices    of    the    supreme    court    to    appoint 
a  librarian   i  tort,  and  firing  i  salary,     [fcitat*. 

I,  p.  182.] 


TITLE   486. 

PBEME   I  OUBT  BEPOBTER 

ACT    3980. 

Providing   fox   the   appoint:  .   deputy   supreme  court 

reporter.     [H  - 1,  p.  y.J 


TITLE   487. 

.  KKAL. 
ACT  3985. 
Authorizing    the    ■-'  I    furnish    his    ofli-'e 

and   vault    thj  ^'ng  an  appropriatioo   I 

B52.J 

Ttiii   I  id   lull    In   l'ulllJcal   CuOu,    A  1111. 


TITLE  488. 

ACT   3990. 

An  act   to  define  the  duties  of  and  to   li.-.nso  land  lurve; 
■  larch    31,  .    1».    4  7».J 

Aimi.aiJ    Uu3.    267. 
CaI     >  MS. 

1.      Bl  •  •  rink'    to    become    a 

land    Surveyor    in    this    state    mi. 

;  .  ral    of   tB  •    :     raou 

of   good    moral    ch  . 

d   by   the   board  ot 
axamining   sun  < }  this 

act;,     which     certificate     shall     sit      lorth     that      th< 

nam.  d    tiurriu    is,    m    the    opinion    ol    th<  j'lng 

the  same,  s  tit  and  coi 

aland-  ther  with 

port  the  constitution  of  thin  the   Unit* 


IMS  SURVEYORS.  Act  3990,  §§  2-7 

and  that  he  will  faithfully  discharge  the  duties  of  a  licensed 
land  surveyor,  as  defined  in  this  act. 

Sec.  2.  Upon  receipt  of  such  certificate  and  oath  by  the 
state  surveyor-general,  it  shall  be  his  duty  forthwith  to 
issue  to  such  applicant  a  license,  without  charge,  whicn. 
license  shall  set  forth  the  fact  that  the  applicant  is  a  com- 
petent surveyor,  or  that  he  has  had  at  least  two  years'  ex- 
perience in   the  field  as  a  surveyor  or  assistant  surveyor. 

Sec.  3.  Such  license  shall  contain  the  full  name  of  the 
applicant;  the  technical  institution  from  which  he  is  a  grad- 
uate (if  he  be  a  graduate),  or  if  he  be  not  a  graduate,  the 
fact  must  be  stated  in  the  license;  his  birthplace,  age,  and 
to  whom  issued;  the  name  of  the  person  upon  whose  certi- 
ficate the  license  is  issued,  and  the  date  of  its  issuance. 

Sec.  4.  All  papers  received  by  the  state  surveyor-gen- 
eral on  api  lication  for  licenses  shall  be  kept  on  file  in  his 
office,  and  a  proper  index  and  record  thereof  shall  be  kept 
by  him,  and  a  list  of  all  licensed  land  surveyors  shall  be 
kept  by  him,  and  he  shall  monthly  transmit  to  the  county 
recorder  of  each  county  in  this  state  a  full  and  correct  list 
of  all  persons  so  licensed;  and  it  is  hereby  made  the  duty 
of  such  recorders  to  keep  such  lists  in  their  offices  in  sucn 
a  way  as  they  may  be  easily  accessible  to  all  persons. 

Sec.  5.  Within  twenty  days  after  the  passage  of  this 
act,  the  governor  shall  appoint  three  surveyors  in  good 
standing,  members  of  the  Technical  Society  of  the  Pacific 
Coast,  and  two  other  surveyors  in  good  standing,  not  mem- 
bers of  such  society,  as  a  board  of  examining  surveyors, 
who  shall  conduct  such  examinations  and.  make  such  in- 
quiries as  to  them  may  seem  necessary  to  ascertain  the 
qualifications    of    applicants    for    surveyors'    licenses. 

Sec.  6.  A  majority  of  the  board  of  examining  surveyors 
shall  meet  on  the  first  Friday  of  each  month  during  their 
term  of  office,  in  the  rooms  of  the  Technical  Society  of  the 
Pacific  Coast,  in  San  Francisco,  and  at  such  other  time's 
and  places  as  they  may  select.  The  members  of  the  board 
shall  hold  office  for  the  term  of  one  year  from  the  date  of 
appointment,   and  shall   serve  without   compensation. 

Sec.    7.     Every    licensed    surveyor    shall    have    a    seal    of 

ofiice,   the   impression   of    which    must    contain    the   name    of 

the  surveyor,  his  principal  place  of  business,  and  the  words 

."Licensed   surveyor";   and  all   maps   and   papers   signed    by 

Gen.  Laws— 85 


BURVEYOR8.  MM 

liim,    an.l    to    whir-h    paid    BeaJ    fa  bed,    shall    bo 

prima  facii  •    in  all  the  eonrtt  of  this  itete. 

8.      Snr  with 

■ 
r   proi  id.  .1. 

ori»  •!  to  admin  - 
■ 
identify  :    or, 

•  r  .ir  maaamearf    l><    Caaad   La   a   parathable  aandi- 

aad    it    appi  t  hat    »\  i  oing 

Mich    ■•.int.  r    or    monument      be  ..r     win ■•  ■ 

miii 
for   the   faithful   p.  rforman  i   his 

:       as 

■  part  <>f  the  Bald  aotei 

•     nlatniL' 

tracing  or  eetabHehaag  <.f   property   or  ben  ad- 

shall    be    thr    •  ;IIL,    .,„  v 

■ 

■    and    re] 

with   thi 

■  m. 

I 

oandarj  line*,  pub! 
original 

!■    by   «   Hcen  .all   file 

..r  an/ 
portion    thi 
shall   be   made   in 
..r   ii 

I'V    thirtv    inehea.     Tb 
either  an   original     plat    or 
tain    all    thi     data 
ticaJ     snrvi  \  ..r    tu    r.  t : 

.    kind,      •  Tint 

intended 
wit  i  ontlii 

;    land    s 


1347  SURVEYORS.  Act  3990,  §§  12.  U 

and  lengths  of  boundary  lines;  the  angles,  as  measured 
by  Vernier  readings,  which  the  lines  of  blocks  or  lots,  if 
the  record  relate  to  an  original  town-site  survey,  make  with 
each  other  and  with  the  center  lines  of  adjacent  streets, 
alleys,  roads,  or  lanes;  the  variations  of  the  magnetic 
needle  with  which  old  linos  have  been  retraced;  the  scale 
of  the  map;  the  date  of  survey;  a  proper  connection  with 
one  or  more  points  of  an  original  or  larger  tract  of  land, 
and  the  name  of  the  same;  the  name  of  the  grant  or  grants, 
or  of  the  townships  and  ranges  within  which  the  survey  is 
located;  the  signature  and  seal  of  the  surveyor;  provided, 
that  nothing  in  this  section  shall  require  a  record  to  be 
made  of  surveys  of  a  preliminary  nature  where  no  monu- 
ments or  corners  are  established;  provided  further,  that  if 
the  survey  can  be  as  well  described  in  writing,  or  by  a 
small  diagram,  or  by  both,  the  surveyor  shall  file  with  said 
recorder,  a  record  of  such  a  survey,  either  in  writing  or  by 
diagram,  or  by  both  writing  and  diagram.  Such  record  shall 
be  on  one  or  more  sheets  of  writing  paper,  drawing  paper, 
or  cloth,  of  a  uniform  size  of  eight  by  twelve  and  one- 
half  inches,  and  shall  contain  all  the  data  as  required  on 
the  larger  record  as  described  above;  provided,  further, 
that  if  the  survey  relate  to  the  retracing  of  lines  of  lot3 
or  tracts  of  land  of  which  a  map  is  already  on  file  in  said 
recorder's  office,  and  no  changes  are  made  in  dimensions 
or  angles,  by  the  resurvey,  from  those  given  on  said  map 
or  plat,  the  surveyor  shall  not  be  required  to  file  a  record 
of  such  a  survey.  [Amendment  approved  March  20,  1903. 
•  Stats.   1903,  p.  267.] 

Sec.  12.  The  record  of  surveys  thus  filed  with  the  county 
recorder  of  any  county  must  be  by  him  pasted  into  a 
stub-book,  provided  for  that  purpose,  and  he  must  keep 
a  proper  index  of  such  records,  by  name  of  owner,  by  name 
of  surveyor,  by  name  of  grant,  city,  or  town,  and  by  United 
States  subdivisions;  and  he  shall  make  no  charge  for  filing 
and  indexing  such  records  of  surveys. 

Sec.  13.  Upon  the  failure  of  any  licensed  surveyor  to 
comply  with  the  requirements  of  this  act  atfd  the  fur- 
nishing of  satisfactory  proofs  of  such  fact,  the  state  sur- 
veyor-general must  revoke  his  license,  and  no  other  license 
shall  be  issufd  to  him  within  one  yea,r  from  such  revoca- 
tion. A  violation  of  section  eleven  of  this  act  shall  be  a 
misdemeanor,  and  any  person  convicted  of  such  violation 
shall    be   punished    by   a   fine   not   to   exceed    more   than    one 


SURVEYS.  J*S 

hundred    dollars,    or    Imprisonment    in    the   county    jail    not 
i  iin^  thirty  di 

14.     Il  to    meet    and 

I    as    in     this    act     provided, 

applicants   the  eertificafe    or   ■•' rtificatee 

■ 
may  be  eompi  lied 

■  1    if    upon    the    bearing    of    such 

i  ■ 

• .   or   to    issue    him 

a,    sui'li    board 
ft  v. -rally,    liable 
ling,    Including 

-  -itly 

I    by   such    re- 
indn  .1  d 

may  bi 

it    v  i f   it   !.<•  for   plain* 
i<  nee   of 
■      brought 

•     -       ;:■■'.    lionl     <>f     ' 

that    part   of   the   ' 

-    la    hi  r.  by    n 

I  all   proceeding* 
•   shall  be  in  accordan 

with. 

■    shall    tn  Ti    the    first    day    of 

July,  hundred    and    ninety  one. 


TITLE   4883. 

ACT 

■  ,    further  .rkinps   of   the    gov 

etion   1.     V.  bi  d  in 

!.. .  u   mat 

mnd,  or  I 

ill    be    hii 
r.  in  a  monument  of  heavily 


1349  SUTTER   COUNTY.  Acts  3995-399S 

galvanized  iron  pipe  or  galvanized  iron  stake  not  less  than 
two  inches  in  diameter  and  not  less  than  two  feet  long,  or 
other  monument   not   less   in   size   and   equally   imperishable. 

Sec.  2.  All  such  monuments  located  in  public  highways 
shall  be  placed  with  the  top  not  less  than  twelve  inches 
b<  low  the  surface  of  the  ground,  but  when  not  located  in 
public  highways,  they  shall  be  placed  with  the  top  six 
inches  above  the  surface  of  the  ground.  If  the  top  of  the 
monument  is  placed  above  the  ground,  it  shall  be  not  less 
than   four  feet  long,  if   of  metal. 

Sec.  3.  The  surveyor  shall  note  witness  objects  that  are 
within  a  reasonable  distance  of  any  corner,  and  state  dis- 
tance and  course  from  said  corner,  and  recorel  the  same  in 
a  properly  indexed  record  book  kept  in  the  county  surveyor's 
office,  which  shall  be   a   public   record. 

Bee.  4.  All  boards  of  supervisors  are  required  to  furnish 
all  necessary  pipes  or  stakes  for  monuments  for  their  re- 
spective counties  without  cost,  on  demand. 


TITLE  489. 

SUTTER  COUNTY. 
ACT    3995. 

Auditor  and  treasurer  of  to  cancel  certain  certificates  of 
the  register  of  the  state  land  office  and  certain  con- 
trollers '   warrants.      [Stats.    1877-8,   p.   324.] 

ACT  3996. 

Authorizing  the   transfer  of  funds.      [Stats.   1875-6,  p.   249.] 

"Superseded    by    subd.    18,    sec.    25,    County    Government    Act,    lSaT, 
463." — Code    Commissioners'    Note. 

ACT  3997. 

To    authorize    the    transfer    of    certain    funds    in.     [Stat*. 
1877-8,  p.   1020.] 

This   act   authorized   the   transfer   of  funds   from   the   road   district 
fund  to  the  school  fund  on  the  petition  of  a  majority  of  the  taxpayers. 

ACT  3998. 

To   provide   for  a   separate  judge   for   each   of   the   counties 
of    Yuba    and    Sutter.     [Stats.     1897,    p.    48.J 


AcU  3999-4011  SUTTER    CREEK.  ISO 

ACT  3999. 

Tii  provide  for  tlir  j. rotation  of  certain  lands  in  from  over- 
flow.    [W  B,  p.  316.] 

Amended    1671  -H.    307.     Supplemented   1871-2.    7J4. 

■■T'nronstlUitlonal    as    to    aec.    21.     (Him  ke,    101    CaJ. 

131;      W'Ms.ji     v  <t'r     Not*-. 

-.    41   Cal.    Jil;     StouKoo   v.  Pnrks.   M   Cal     16«. 

•       47.   92;     61.   *ri;     12.   546;     M.    179;     95.   Ill;     171.    31. 
ACT   4000. 
Authorizing  transcribing  of  records  in.     [Stats.  1858,  p.  205.] 

ACT   4001. 

-   and   highways  in.      [Stats.   1873  t ,   p,  | 

■  1    MS*,    f..    chap.    X,    • 

ACT  4002. 

School  trustees,  fixinp  time  f  n  of.      [Stats.  1875-6.  p. 

141.] 
by   Political  <V*Ie.   s«t>.   OSS,    as  amended  1*95.   247. 
Milt,   also,    the  fallowing1— 

ACT  4003. 

Relating  to  levee  .1  i^t ri ■•  t  \...  i.     [Approved  Nfareh  19,  1889. 

".J 
ACT  4004. 

Relating  to  ■wamp-land  district  seventy.  I  Marcs 

in,  1891.    stats.  1891,  p. 
ACT  4005. 
amending  the-  act  suthi  •  Btrncl  br 

ar  '      r.-li      19,     1889. 

.:.] 

AcU  for   the   better   ;  ry,   see   act   464.    .. 


TITLE  490. 
.   GBEBK. 
ACT  4010. 

Town  of.  incorporating.      [Stats.   189  -7.] 

40 

ACT   4011. 

\ma.l<>r  OoUUty,  -   running  at  larr^ 

in.      [8ta1 

198. 


1361  SWAMP    AND    OVERFLOWED    LA-NDS.     Acts  4016-4027 

TITLE  491. 

SUTTER'S  FORT. 
ACT  4016. 

To  provide  for  the  acquisition  of  Sutter 's  Fort  and  appoint- 
ing trustees  therefor.     [Stats.  1891,  p.  25.] 

ACT  4017. 

For  the  appointment  of  a  guardian  of  Sutter's  Fort,  and  pre- 
scribing his  duties.      [Stats.  1895,  p.  56.] 
Amended  1905,    171. 


TITLE   492. 
SWAMP  AND  OVERFLOWED  LANDS. 
ACT  4022. 

To  provide  for  the  proper  distribution,  in  the  several  county 
treasuries,  of  funds  arising  from  the  sale  of  swamp  lands. 
[Approved  March  28,  1874.     Stats.  1873-4,  p.  770.] 

ACT  4023. 

Fresno  and  Kern  counties,  providing  for  determining  rights  in 

certain  swamp  and  overflowed  lands  in.      [Stats.  1877-8, 

p.  358.] 

Cal.    Rep.    Cit.     66,    566;     66,    568. 

ACT  4024. 

State  treasury,  providing  for  payment  of  certain  controller's 
swamp-land  warrants.     [Stats.  1871-2,  p.  873.] 
This   act  pledged   payments   on   swamp  lands   to   the   redemption   ot 
warrants. 

ACT  4025. 

Quieting  title  to  certain  lands.      [Stats.   1873-4,  p.  803.] 

This    act    confirmed    the    title    of    certain    swamp    lands    to    J.     P. 
Counts  and  Myron  Smith. 

ACT  4026. 

Providing  for  the  dissolution  and  annulment  of  swamp  and 
overflowed  land  reclamation  districts  and  protection  dis- 
tricts for  non-user  of  corporate  powers.  [Approved  Feb- 
ruary 17,  1899.     Stats.  1899,  p.  13.] 

ACT  4027. 

To  declare  certain  tide  lands  public  grounds,  and  granting  the 
same  to  the  county  of  San  Mateo  in  trust  for  the  use  of 


Act*  40^8-«31  SWAMP    AND   OVERFLOWED    LANDS.  132 

tin  public.  [Approved  February  27,  1S93.  Stata.  1893, 
!•■  12.] 

ACT   4028. 

Quitclaiming  to  the  successors  in  interest  of  James  Bowman 
nil  En  "Water  Lol   r?o.   116,"  in  San 

Franeisco.  [Approved  March  n,  1893.  Stats.  1893,  p. 
151.] 

ACT   4029. 

An   act   to  determine  that  lands  of  this   state  arc  swamp  and 
red  when  retun  !i  by  the  EJnited  states 

Bur.  r.tl. 

[Approved  March  81,  1891.    stats.  1891,  p  221.] 

■.vithin   this  state  whieh  have   been  n 

nia_\  r  be  retm  ■orveyor* 

. r i a | .  and  overflowed  lands,  and  shown  as  such 

on  approved  township  ill,  as  soon  as  patent!  have 

t  by  this  ki  Id  to  be 

of  i  be  ebarai  I  rever,  thai  noth- 

iug  herein  contained  ■hall  be  eonttraed  to  affeel   the  r; . 

lead  or  pre-emption  settler  claiming  under  the 

laws  of  the    (Jniti  any  suit    now 

pending  in   any  court  a   the  parties  thereto;  pro- 

otained  in  this  act  shall  be  construed 

the    rights   of   any   Bettler   now   or    Inn  after   lo- 

.    if   |"  re- 
mitted ander  existing  1 

This  ael  shad]  I  t  from  and  after  its  pas- 

ACT  4030. 

Quitclaiming  to  tl  3aHie  C.  Perry 

all  claim  lifornia  I 

of  land  in  the  city  and  county  of  8an  Francisco  i 
it    Dumber  one   hundred   and  sixt . 
og  and  ■  \'  cuts 

a  d<  itclaim  then  for  to  said  •  -  is 

i.l  Bailie  C.  P<  rry.     [Appn  a  9,  1893. 

p.     ML'.] 

ACT   4031. 

>f  the  land 

lion   or   di  inland    hikes,   and 


1353  SWAMP    AND    OVERFLOWED    LANDS.     Act  4031,  §§  1-4 

unsegregated  swamp   and  overflowed  lands,  and  validat- 
ing sales  and  surveys  heretofore  made. 

[Approved  March  24,  1893.     Stats.  1893,  p.  341.] 

Amended  1899,   182. 
Cal.   Rep.    Clt.     143.   327;     143,   328;     143,   330;     143,    332. 

Section  1.  Any  person  desiring  to  purchase  any  of  the 
lands  uncovered  by  the  recession  or  drainage  of  the  waters 
of  inland  lakes,  and  inuring  to  the  state  by  virtue  of  her 
sovereignty,  or  the  swamp  and  overflowed  lands  not  segre- 
gated by  the  United  States,  shall  make  an  application  there- 
for to  the  surveyor-general  of  the  state,  which  application 
shall  be  accompanied  by  applicant's  affidavit  that  he  is  a 
citizen  of  the  United  States,  or  has  declared  his  intention 
to  become  such,  a  resident  of  this  state,  of  lawful  age,  that 
lie  desires  to  purchase  such  lands  (describing  the  same  by 
legal  subdivisions,  or  by  metes  and  bounds  if  the  legal  sub- 
divisions are  unknown)  under  the  provisions  of  this  act; 
that  he  desires  to  purchase  the  same  for  his  own  use  and  ben- 
efit, and  for  the  use  and  benefit  of  no  other  person  or  persons 
whomsoever,  and  that  he  has  made  no  contract  or  agreement 
to  sell  the  same,  and  that  he  does  not  own  any  state  lands 
which,  together  with  that  now  sought  to  be  purchased,  ex- 
ceeds six  hundred  and  forty  acres. 

Sec.  2.  Upon  the  filing  of  said  application,  when  the  land 
has  not  been  sectionized,  the  surveyor-general  shall  author- 
ize the  county  surveyor  of  the  county  where  the  whole  or 
the  greater  portion  of  the  land  lies  to  survey  the  same,  who 
shall  make  an  actual  survey  thereof,  at  the  expense  of  the 
applicant,  establishing  four  corners  to  each  quarter  section, 
a^d  connecting  the  same  with  a  United  States  survey;  and 
he  must,  within  thirty  days,  file  with  the  surveyor-general 
a  copy,  under  oath,  of  his  field  notes  and  plat,  and  a  state- 
ment, under  oath,  showing  whether  or  not  the  land  is  occu- 
pied by  any  actual  settler. 

Sec.  3.  If  the  surveyor  thus  authorized  shall  fail  to  make 
his  return  to  the  surveyor-general  within  the  time  specified 
in  the  preceding  section,  the  surveyor-general  may  designate 
another  person  to  make  the  said  survey. 

Sec  4.  No  application  to  purchase  land  under  this  act 
shall  be  approved  by  the  surveyor-general  until  the  expira- 
tion of  ninety  days  from  the  filing  thereof  in  his  office,  and 
meanwhile  the  land  shall  be  subject  to  the  adverse  claim  of 


Acl  MCI.  Jt  &-S    SWAMP    AND   OVERF1-OWED    LA  H  '3M 

•irtnal    s.  ttlrr    Who    ban    r»  - i •  1  ■  •  1    thereon    when    the    said 
application   was  fill  .1. 

Th<-  lands  designated  in  this  art  shall   ho  sold   and 

ot<  'I  at  the  pi  o  dollan  and  fifty  srati  pas  sere 

and  on  tl  I  paymi  nt 

Ian. Is.      All    n 

t  ii  nd 
in    which    tin    Ian  ;  :.   and    shall    be 

-•■1  nf  in  the  same  manner  us  moi 
ing  from  I  and*, 

nn<l  all  m  1   f.>r  tin 

and   • 

iw.      If  ■  1   iit     fa 

..■!i    lands 
•  j    .     • 

Imendmi  -I  If  arch 

52.] 

8(PC,    '  t"  thi    l:u  :n   this  net  vr) 

t 

•    rmation  of 
fn  t1  all  of  the  pr.' 

law  of  swamp    n 

lands;   provid<  d,  tl 
iii   which   the  lands,  ur   the   g 

rmine,  n|  . .  far, 

by   the    I  <inu 

half   Or    ii  b    land,    ti. 

Ul.-it: 

' 
■   the  pnrebam  r  .and 

t 

BOWS    that    it    is    not    of   *  ,1    in 

I    ' 
land  wed   lands  which   lands  t><  long  to 

any     of     the  bed    in    lection    one    of    this 

unnll,  for  all   |  nd  shall  h 

nn<l  ill   tim*»»  s 

is  swamp  an 
anv  and  all   c 


1354a  SWAMP   AND   OVERFLOWED    LANDS.     Acts  4032,  4033 

ers  of  certificates    ">f  purchase  shall   not  be  affected  by  the 
provisions  of  this  act. 

Sec.  9.  All  plats  of  any  lands  described  in  section  one  of 
this  act  which  have  been  heretofore  made  under  authority 
of  the  United  States  surveyor-general,  and  which  plats  des- 
ignate the  same  as  swamp  and  overflowed  lands,  shall  be 
d-emed  valid  and  effectual  as  surveys  of  such  lands  from 
and  after  the  date  thereof. 

Sec.  10.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

ACT  4032. 

An  act  to  abolish  the  state  board  of  tide-land  commissioners, 
and  to  repeal  sections  three  hundred  and  sixty-five  and 
six  hundred  and  ninety-eight  of  the  Political  Code. 

[Approved   February   4,    1876.     Amendments   1875-6,   p.    15.] 

Section  1.  The  state  board  of  tide-land  commissioners  is 
hereby  abolished. 

Sec.  2.  All  books,  maps,  papers,  and  documents  belonging  to 
the  archives  of  said  board,  and  all  other  property  of  the  state 
under  its  custody,  must  be  deposited  with  and  kept  and  pre- 
served by  the  surveyor-general  of  the  state. 

Sec.  3.  Sections  365  and  698  of  the  Political  Code  are 
hereby  repealed. 

Sec.  4.  An  act  entitled  "An  act  supplementary  to  and 
amendatory  of  An  act  supplementary  to  and  amendatory  of 
an  act  entitled  An  act  to  survey  and  dispose  of  certain  salt- 
marsh  and  tide  lands  belonging  to  the  state  of  California," 
approved  March  30,  1868,  also  an  act  approved  April  1,  1870, 
approved  March  30,  1874,  is  hereby  repealed. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Compare  in  connection  with  section  4  of  this  act  section  34S8  of 
Political  Code,   as  amended  in  1891. 

ACT  4033. 

To  survey  and  dispose  of  certain  salt-marsh  and  tide  lands 
belonging  to  the  state.     [Stats.  1867-8,  p.  716.] 

Supplemented  and  amended  186H-70,  541:  1873-4,  858.  Was  continued 
In  force  by  sec.  3488,  Pol.  Code.  See,  however,  subd.  4  of  the  act  or 
1S75-6,    15,   act  4032,   ante. 


;   1  TAXATION. 

TITLE  493. 

TAXATION. 
ACT  4035. 

•  s,  inheritances,  be- 

•  •      • 

direct   th<  at  its  pro* 

Dl    of    liiTis   cr 

qaiet  tit 

:•  led    "An 

•  •    -   I  ii 

i    to   direct 

tin  March     22, 

•  .  end  all   ads  aii'l   parti 
fllct    will. 

[Approvi  '1  Mar.  '  p.  :U\.] 

•  hieta  thai]  <>r  will  or  by 

Who    may 

M  hill     :i    r^-  ■!■  nt    ..f    tlii-4 

•    •  I  ■  •      ! .  thai] 

-  LaeoBM  there- 
fron  rred  bv  deed,  grant  k'ift, 

ni|  lation  of   the  d 
or  b 

b   death,  at,  or  to 

r  by  reft- 

i  be* 

•  ni  iti<  d,   in   poeeeai  .to 

ill  bf  and   is  nub- 

I  for,  to  b  the  treas- 

I,    for    the 

tax  thai]  da  a  lien 

the  pro]  ■  tho 

met  or  is  •  rred  and  all 

adm  te    so 

transf.  rn  <l    Of  lbl<      foi  all    such 

n  paid  m  b<  r.  inaiter  <li- 
I.     The   t.i\  so  impoeed  shall  be  ni»>n   the  market  value 

and  ante 
upon  '  mptiona  b 

Wheat  vi  r  an\ 

t  up  tit    <l    rivi  .1    from    any 
Bind)  the  paaaai  .  such  ap- 


TTON. 


••ointment  when  made  shrill  be  deemed  a  transf<  r  taxable  un- 
'<  r  the  provisions   >t'  this  act  in  the  sunic  manner  as  though 
m     property    to    which    such    appointment    relates    belonged 
lutely   to   tlu    donee   of   such    power  anil    had   been   be- 
,  i«  :itli«  <1   or  devised  by  Bueh  donee  by  will;  and  whenerer 
ay    person   or  corporation   possessing  such   a   power  of   ap- 
pointment  so  derived  shall  omit  or  faii   to  exorcise  the  same 
within   the    time    provided    therefor,    in    whole    or    in    part,    a 
transfer   taxable   under   the    provisions   of   this   act   shall   be 
deemed  to  take  place  to  the  ext<  oi  of  such  omissions  or  fail- 
ure, in  the  same  maimer  as  though  the  persons  or  corporal 
thereby  becoming  entitled  to  the  possession  or  enjoyment  of 
the   property   to    which    such    power    related    h  i  di  d 

thereto  by  a  will  of  the  donee  of  the  power  failing  to  exer- 
cise such  power,  taking  effect  at  the  time  of  such  omission 
or  failure. 

Sec.  2.  When  the  property  or  any  beni  fical  interest  therein 
bo  passed  or  transferred  exceeds  in  value  the  exemption  here- 
inafter specified  and  shall  not  exceed  in  value  twenty-five 
thousand  dollars  the  tax  hen  by  imposed  shall  be: 

(1.)  Where  the  person  or  persons  entitled  to  any  beneficial 
interest  in  such  property  shall  be  the  husband,  wife,  lineal 
issue,  lineal  ancestor  of  the  decedent,  or  any  child  adopted 
as  such  in  conformity  with  the  laws  of  this  state,  or  any 
child  to  whom  such  decedent  for  not  less  than  ten  years 
prior  to  such  trans!  r  stood  in  the  mutually  acknowledged 
relation  of  a  parent,  provided,  however,  such  relationship  be- 
gan at  or  before  the  child's  fifteenth  birthday,  and  was  con- 
tinuous for  said  ten  years  thereafter,  or  any  lineal  issue  of 
such  adopted  or  mutually  acknowledged  child,  at  the  rate  of 
one  per  centum  of  the  clear  value  of  such  interest  in  such 
property. 

(2.)  Where  the  person  ot  persons  entitled  to  any  beneficial 
interest  in  such  property  shall  be  the  brother  or  sister  or  a 
descendant  of  a  brother  or  sister  of  the  decedent,  a  wife  or 
widow  of  a  son,  or  the  husband  of  a  daughter  of  the  dece- 
dent, at  the  rate  of  one  and  one-half  per  centum  of  the  clear 
value  of  such  interest  in  such  property. 

(3.)  Where  the  person  or  persons  entitled  to  any  beneficial 
interest  in  such  property  shall  be  the  brother  or  sister  of  the 
father  or  mother,  or  a  descendant  of  a  brother  or  sister  of 
the  father  or  mother  of  the  decedent,  at  the  rate  of  three 
per  centum  of  the  clear  value  of  such  interest  in  such  prop- 
erty. 


Act  «ns.  55  J.  4  taxvt:  ijmj 

1  as  entitled  to  any  beneficial 

•  the 
ther  or  a  le  bi         r 

l«  ntr 
at  tl.  r  v.ilue  of  such  in- 

■ 

II   b<-   in   Bl 

:.   <>r   shiill    be 

iv  jMilttic 

.  ..  h   v.ilue 

■     •  •■ 
n  In  n  the  market  vaJoa 
lol- 

■ 

>ne 

.    .,    to  |10  . 

■ 

two 

■     •         ft  t*<     j.ri- 
(1.)   AB 

■ 

the 


1354a  TAXATION.  Act  403d,  §  5 

(3.)   Property     of     the     clear     value     of     two     thousand 
transferred    to    e>ch    o  de- 

d   in   the   second  subdivision  of   section   2   shall   be   ex- 
empt. 

(4.)   Propertv  of  the  clear  value  of  one  thousand  five  hun- 
0)   dollars   transferred   to  each  of  the   persons 
.1.  scribed  in  the  third  subdivision  of  section  2  shall  be  ex- 
empt. 

(5.)  Property  of  the  clear  value  of  one  thousand 
($1,000.00)  dollars  transferred  to  each  of  the  persons  de- 
scribed in  the  fourth  subdivision  of  section  2  shall  be  ex- 
empt. 

(6)    Property  of  1  value  of  five   hundred 

dollars  transferred  to  each  of  the  persons  and  corporations 
described  in  the  fifth  subdivision  of  section  2  shall  be  ex- 
empt. 

Sec.  5.  When  any  grant,  gift,  legacy,  or  succession  upon 
which  a  tax  is  imposed  by  section  one  of  this  act  shall  be  an 
estate,  income,  or  interest  for  a  term  of  years,  or  for  life, 
or  determinable  upon  any  future  or  contingent  event,  or 
shall  be  a  remainder,  reversion,  or  other  expectancy,  real  or 
personal,  the  entire  property  or  fund  by  which  such  <- 
income,  or  interest  is  supported,  or  of  which  it  is  a  part, 
shall  be  appraised  immediately  after  the  death  of  the  d<  ce- 
dent, and  the  market  value  thereof  determined,  in  the  man- 
ner provided  in  section  fourteen  of  this  act,  and  the  tax 
prescribed  by  this  act  shall  be  immediately  due  and  payable 
to  the  treasurer  of  the  proper  county,  and  tog(  theT  with  the 
interest   tl  -hall   be   and   remain   a   lien  prop- 

erty until  the  same  is  paid;  provided,  that  the  person  or 
persons,  or  body  politic  or  corporate,  beneficially 
in  the  property  chargeable  with  said  tax,  may  elect  not.  to 
pay  the  same  until  the  shall- come  into  the  actual  possession 
or  enjoyment  of  such  property,  and  in  that  case  such  person 
or  persons,  or  body  politic  or  corporate,  shall  execute  a  bond 
to  the  people  of  the  .State  of  California,  in  a  penalty  of  twice 
the  amount  of  the  tax  arising  upon  personal  estate,  with 
such  sureties  as  the  said  superior  court  may  approve,  condi- 
tioned for  the  payment  of  said  tax,  and  interest  thereon,  at 
such  time  or  period  as  they  or  their  representatives  may 
come  into  the  actual  possession  or  enjoyment  of  such  prop- 
,  which  bond  shall  be  filed  in  the  office  of  the  county 
clerk  of  the  property;  provided  further,  that  such  person 
shall  make  a  full  and  verified  return  of  such  property  to  said 
court,  and  file  the  same  in  the  office  of  the  county  clerk 
within  one  year  from  the  death  of  the  decedent,  and  within 


tax  at:  135U 

that  and    rOMiv   tin-  same 

• 

■    or 
iiniT'  test  oi 

•  r    :illi>\v.i' 

\.   or   ftpp 

r  re- 
cniii|n  n- 
■  :i.i  above  th< 

'•all      In-     ;  -li.t     tax; 

•  are 

-  ■ 
■ 

il]<    ted  i  hereon, 

■ 

lij       -lit  lis 

r  .••  nturn 
!    in    all    ■ 

•     •    pay 

■  -I    In    tin     form 

r        tin m    i mi 

•     ■ 

- 
■ 

r    if 


1354s  TAXATION.  Act  4035.  §§  10-12 

thereon,  upon  the  market  value  thereof,  from  the  legatee  or 
person  entitled  to  such  property,  and  he  shall  not  deliver,  or 
be  compelled  to  deliver,  eific  legacy  or  property  sub- 

ject to  tax  to  any  person  until  he  shall  have  collected  the 
tax  thereon;  and  whenever  any  such  legacy  shall  be  charged 
upon  or  payable  out  of  real  estate,  the  executor,  adminis- 
trator, or  trustee  shall  collect  said  tax  from  the  distributee 
thereof,  and  the  same  shall  remain  a  charge  on  such  real 
estate  until  paid;  if,  however,  such  legacy  be  given  in  money 
to  any  person  for  a  limited  period,  the  executor,  adminis- 
trator, or  trustee  shall  retain  the  tax  upon  the  whole 
amount;  but  if  it  be  not  in  money  he  shall  make  applica- 
tion to  the  superior  court  to  make  an  apportionment,  if  the 
case  require  it,  of  the  sum  to  be  paid  into  his  hands  by  such 
legatees,  and  for  such  further  order  relative  thereto  as  the 
case  may  recmire. 

Sec.  10.  All  executors,  administrators,  and  trustees  shall 
have  full  power  to  sell  so  much  of  the  property  of  the  de- 
cedent as  will  enable  them  to  pay  said  tax.  in  the  same  man- 
ner as  they  may  be  enabled  by  law  to  do  for  the  payment  of 
debts  of  the  estate,  and  the  amount  of  said  tax  shall  be  paid 
as  hereinafter  directed. 

Sec.  11.  Every  sum  of  money  retained  by  an  executor, 
administrator,  or  trustee,  or  paid  into  his  hands,  for  any  tax 
on  property,  shall  be  paid  by  him,  within  thirty  days  there- 
after, to  the  treasurer  of  the  county  in  which  the  probate 
proceedings  are  pending,  and  the  said  treasurer  shall  give, 
and  every  executor,  for  administrator,  or  trustee  shall  take 
duplicate  receipts  for  such  payment,  one  of  which  receipts 
said  executor,  administrator,  or  trustee  shall  immediately 
send  to  the  control  i  r  of  the  state,  whose  duty  it  shall  be  to 
.charge  the  treasurer  so  receiving  the  tax  with  the  amount 
thereof,  and  said  controller  shall  seal  said  receipt  with  the 
seal  of  his  office,  and  countersign  the  same,  and  return  it  to 
the  executor,  administrator,  or  trustee,  whereupon  it  shall  be 
a  proper  voucher  in  the  settlement  of  his  accounts;  and  an 
executor,  administrator,  or  trustee  shall  not  be  entitled  to 
credits  in  his  accounts,  nor  be  discharged  from  liability  for 
such  tax,  nor  shall  said  estate  be  distributed,  unless  he  shall 
produce  a  receipt  so  scaled  and  countersigned  by  the  con- 
troller, or  a  copy  thereof,  certified  by  him,  and  file  the  same 
■with  the  court. 

Sec.  12,  Whenever  any  debts  shall  be  proven  against  the 
estate  of  a  decedent  alter  the  payment  of  legacies  or  dis- 
tribution of  property  from  which  the  said  tax  has  been  de- 


}  13  U^li 

and  a  refund  is  made 
a  of 

.:■!    to    him    liy    the 

•Her. 

r  or  ti 

■ 

cor- 

r 


13541  TAXATION.  Act  4035.  j  U 

thereafter  to  become  due  upon  said  securities,  deposits  Or 
other  assets,  including  the  shares  0f  the  capita]  stock  of  or 
other  interests  in,  the  safe  depo  M  trust  company 

corporation,  bank  or  other  institution,  making  the  delivery 
or  transfer;  and  the  payment  as  herein  pi  ,11  be  en- 

forced in  an  action  brought  in  accordance  with  the  provi- 
sions  of   section   seventeen   of   this   chapter. 

Sec.  14.  TVhen  the  value  of  anv  inheritance,  devise  be- 
quest, or  other  interest  subject  to  the  payment  of  said  tax 
is  uncertain,  the  superior  court  in  which  the  probate  pro- 
ceedings are  pending,  on  the  application  of  anv  interested 
party,  or  upon  its  own  motion,  shall  appoint  some  compe- 
tent person  as  appraiser,  as  often  as  and  whenever  occasion 
may  require,  whose  duty  it  shall  be  forthwith  to  {rive  such 
notice  by  mail,  to  all  persons  known  to  have  or  claim  an 
interest  in  such  property,  and  to  such  persons  as  the  court 
may  by  order  direct,  of  .the  time  and  place  at  which  he  will 
appraise  such  property,  and  at  such  time  and  plaee  to  ap- 
praise the  same  and  make  a  report  thereof,  in  writir,"  to 
said  court,  together  with  such  oth  r  facts  in  relation  there- 
to as  said  court  may  by  order  require  to  be  filed  with  the 
clerk  of  said  court;  and  from  this  report  the  said  court 
shall    by  order,   forthwith   assess    and   fix   the   marSt  vanle 

and^he^o311,63',  ^T1803'  beflUPsts-  or  other  interests, 
and  the  tax  to  which  the  same  is  liable,  and  shall  immedi- 
ately cause  notice^  thereof  to  be  given,  by  mail,  to  all  par- 
ties known  to  be  interested  therein;  an  the  value  of  every 
future  or  contingent  or  limited  estate,  income,  or  interest 
shall,  for  the  purposes  of  this  act,  be  determined  by  the 
rule,  method,  and  standards  of  mortality  and  of  ralae  that 
are  set  forth  in  the  actuaries'  combined  experience  tables 
of  mortality  for  ascertaining  the  value  of  policies  of  life 
insurance  and  annuities,  and  for  the  determination  of  the 
liabilities  of  life  insurance  companies,  save  that  the  rate  of 
interest  to  be  assessed  in  computing  the  present  value  of 
all  future  interests  and  contingencies  shall  be  five  per  cen- 
tum per  annum;  and  the  insurance  commissioner  shall  on 
the  application  of  said  court,  determine  the  value  0f  such 
future  or  contingent  or  limited  estate,  income,  or  interest 
upon  the  facts  contained  in  such  report,  and  certify  the 
same  to  the  court,  and  his  certificate  shall  be  conclusive 
evidence  that  the  method  of  computation  adopted  therein 
is1  correct.  The  said  appraiser  shall  be  paid  by  the  county 
treasurer  out  of  any  funds  that  he  may  have  'in  his  hands 
on  account  of  said  tax,  on  presentation  of  a  sworn  itemized 


.   $5   li-17  TAX  \T!< 

oral  ami  on  the  certificate  of  the 

rilv 
employed  in  -  tual  :tnj 

■ 

r,  ad- 
min any 

l<  iin  aaor, 

hundred 

•  .1    in 

the  county  in  which  is  si t- 

I 

n    in    the 
•  v   in    wh 

■  lic- 

and 

in    • 


13511c  TAXATION.  Act  4035,  §§  18,  19 

lour  of  said  Code  of  Civil  Procedure  for  filing  a  Iranscript 
of  an  original  docket. 

Sec.  18.  Whenever  the  treasurer  of  any  county  shall  have 
reason  to  believe  that  any  tax  is  due  and  unpaid  under  this 
act,  after  the  refusal  or  neglect  of  the  persons  interested 
in  the  property  liable  to  sai<l  tax  to  pay  the  same,  he  shall 
notify  the  district  attorney  of  the  proper  county,  in  writ- 
ing, of  Buch  failure  to  pay  such  tax,  and  the  district  at- 
torney so  notified,  if  he  have  probable  cause  to  believe  a 
tax  is  due  and  unpaid,  shall  prosecute  the  proceedings  in  the 
superior  court,  as  provided  in  section  seventeen  of  this  act 
for  the  enforcement  and   collection  of  such   tax. 

Sec.  19.  The  controller  of  state  shall  furnish  to  each 
county  clerk  a  book,  which  shall  be  a  public  record,  and 
in  which  he  shall  entrr  the  name  of  ever}-  decedent  upon 
whose  estate  an  application  has  been  made  to  the-  superior 
court  for  the  issuance  of  letters  of  administration,  or  let- 
ters testamentary,  or  ancillary  letters,  the  date  and  place 
of  death  of  such  decedent,  the  estimated  value  of  his  real 
and  personal  property,  the  names,  places  of  residence,  and 
relationship  to  him  of  his  heirs-atdaw,  the  name  and  places 
ol  residence  of  the  legatees  and  devisees  in  any  will  of 
any  such  decedent,  the  amount  of  each  legacy  and  the  esti- 
mated value  of  any  real  property  devised  therein,  and  to 
whom  devised.  These  entries  shall  be  made  from  the  data 
contained  in  the  papers  filed  on  any  such  application,  or 
in  any  proceeding  relating  to  the  estate  of  the  decedent. 
The  county  clerk  shall  also  enter  in  such  book  the  amount 
of  personal  property  of  any  such  decedent,  as  "hown  by  the 
inventory  thereof  when  made  and  fiied  in  his  office,  and  the 
returns  made  by  any  appraiser  appointed  by  the  court  under 
this  statute,  and  the  value  of  annuities,  life  estates,  terms 
of  years,  and  other  property  of  such  decedent,  or  given  by 
him  in  his  will  or  otherwise,  as  fixed  by  the  superior  court, 
and  the  tax  assessed  thereon,  and  the  amounts  of  any  receipts 
for  payment  of  any  tax  on  the  estate  of  such  decedent  under 
this  statute  filed  with  him.  The  county  clerk  shall,  on  the 
first  day  of  January,  April,  July  and  October  of  each  year 
make  a  report,  in  duplicate,  upon  forms  to  be  furnished  by 
the  controller  of  state,  containing  all  the  data  and  matters 
required  to  y  entered  in  such  book,  and  also  of  the  prop- 
erty from  which,  or  the  party  from  which,  he  has  reason  to 
believe  the  tax  under  this  act  is  due  and  unpaid,  one  of 
which  shall  be  immediately  delivered  to  the  county  treas- 
urer and  the  other  transmitted  to  the  state  controller. 


1BI1 


on  al!  him. 

I 

- 
r 


llm  TAXATI  Act  4035,  §§  25-29 

dent  may  have  died  BeiBed,  8aid  tax  has  hern  paid,  and  by 
whom  paid,  and  whether  I  is  in  full  of  Baid  tax;  and 

said  reeeipt  may  be  recorded  in  the  clerk's  office  in  the 
county   in    which   said    i  uate,   in   a   book   to   be 

kept  by  said  clerk  for  such  purpose,  which  shall  be  labeled 
"inheritance   t: 

Sec.  25.  All  taxes  levied  and  collected  under  this  act, 
up    to    tlie   amount   of   $250,000   annually,    shall    be   paid    into 

ry   of    the   state,   for   the    uses    of    thi 
fund,  and  all   taxes  levied  and  collected  in  c> 
0UO    annually   shall    be    paid    into    the    state    treasury    to    the 
en  dit  of  the   general   fund   thereof. 

Sec.   26.     Every   officer   who    fails   or   refusi  s    to    perform. 
within    a   reasonabli     time,   any   and   evi  ry   duty    n  squired   by 
of  this  act,   or   who   fails  or  refuses   to    make 
s»nd  <li -liver  within  a  reasonable   time  any  statement  or  rec- 
ord  required   by    this   act,    shall    I 

fornia    the    sum    of    one   thousand    dollar-  i  red 

in  an  action   brought  by    th  neral    in  the  name 

of  the  people  of  the  state  on  the  relation  of  the  conlrolh  r. 

.   27.     An  act  entitled   "An  act  to  establi.-.h  a  tax  oe. 
'eral  inheritances,    •  o  provide  for 

its  collection,  and  to  direct  the  disposition  of  the  pro- 
ceeds," approved  March  2?.,  1893,  and  all  amendments 
thereto,  and  all  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  expressly 

Bee.  28.  The  words  "estate"  and  "property"  as  used  in 
this  act  shall  be  taken  to  mean  the  real  and  personal  prop 
erty  or  interest  therein  of  the  testator,  intestate,  grantor, 
bargainor,  vendor,  or  donor  passing  or  transferred  to  indi- 
vidual legatees,  devisees,  heirs,  next  of  kin,  granteea,  donees, 

■es,  or  successors,  and  shall  include  all  personal  property 
within  or  without  the  state.     The  word  "transfer"  as  used 
in  this  act  shall  be  taken  to  include  the  passing  of  property 
or  any  interest   therein,   in  possession  or  enjoyment,   pr< 
or    future,    by     in'  ent,    devise,   succession,    be- 

t,  grant,  deed,  bargain,  sale,  gift,  or  appointment  in  the 
described.     The  word  "decedent"  as  used  in 
this    act    shall    include    the    testator,  intestate,  grantor,  bar- 
gainor, vendor,  or  donor. 

.   20.     In  all   eases  where   any  tax  has  become  or  shall 
In  natter  become  alien  upon  any  property  under  or  by  virtue 


5 ;,  mm 

■    !  in 

■ 
pur; 

■ 


135*0  TAXATION. 


Act 


erncd  by  the   rules  in   equity  in   similar  cases.     In  al! 
any  person  who  might  properly   be  a  party  plaintiff  u 
such  action  who  refuses  to  join  as  plaintiff  may  be  made  "a 
defendant. 

(b)  All  actions  under  this  Beetion  shall  be  commence. 1  in 
the  superior  court  of  the  county  in  which  is  situated  any 
part  of  any  real  property  against  which  any  Hi  lit  to 
be  enforced,  or  to  which  title  is  .sou-lit  to  be  quieted  &u 

any  lien,  or  claim  of  lien;  but  ii  u  non  no  lien  against 

real  property  is  sought  to  be  enforced,  the  action  shall  be 
brought  in  the  Bupi  nor  court  of  the  county  which  has  or 
which  had  jurisdiction  of  the  administration  of  the  estate 
of   the  decedent   mentioned   hen  in. 

(c)  Service  of  summons  in  the  actions  brought  against 
the  state  shall  be  made  on  the  secretary  of  state  and  on  the 
district  attorney  of  the  county  in  which  the  estate  of  the 
decedent  mentioned  herein  is  being  administered,  or  has  been 
administered  in  probate  proceedings,  and  it  shall  be  the  duty 
of  said  district  attorney  to  defend  all  such  actions. 

(d)  The  procedure  and  practice  in  all  actions  brought 
under  this  section,  except  as  otherwise  provided  in  this  act, 
shall  be  governed  by  the  provisions  of  the  Code  of  Civil  Pro- 
cedure in  relation  to  civil  actions,  so  far  as  the  same  shall 
or  may  be  applicable,  including  all  provisions  relating  to  mo- 
tions for  new   trials   and   appeals. 

(e)  The  remedies  provided  in  this  section  shall  be  in  ad- 
dition to  and  not  exclusive  of  any  remedies  provided  in  the 
sections  preceding  this  section. 

Sec.  30.  This  act  shall  take  eifect  and  be  in  lurce  from 
and  after  July  1,  19U5. 

ACT  4036. 

An  act  authorizing  the  bringing  of  actions  on  behalf  of  the 
state  for  the  purpose  oi  enforcing  the  lien  or  liens  of 
taxes  under  an  act  entitled  "An  act  to  establish  a  tax 
on  collateral  inheritance,  bequests,  and  devis(  s,  to  pro- 
vide for  its  collection,  and  to  direct  the  disposition  oi 
the  proceeds,"  approved  March  233  1893,  and  thi 
eral  acts  amendatory  thereof ■;  and  to  authorise  the  bring- 
ing and  prosecution  of  actions  against  the  state,  for  the 
purpose  of  quieting  title  against  claims  of  liens  made  by 
or  upon  behalf  of  the  state  under  the  said  act  and  the 
acts  amendatory  thereof,  and  to  regulate  the  procedure 
in  such  actions. 

[Approved  March  20,  1905.     Stats.  1905,  p.  3 74. J 


1.  2  TAXATION. 

1.     Tn  all  ca  -      ■  shall 

•i  of 

ty   i  ii 

■  ■  ■         i 

ili. ait   th< 

- 
:.t  in  any  action  broug.. 


1353  TAXATION.  Act  ,0.j7 

tion  one  of  this  act,  and  notwithstanding  that  all  or  any  of 
the  persons  enumerated  in  this  section  shall  or  may  have  as- 
signed, granted,  conveyed  or  otherwise  parted  with  all  or 
any  interest  in  or  title  to  the  pioperty,  or  any  thereof,  in- 
volved in  any  such  claim  of  lien  before  the  commencement  of 
such  action.  All  or  any  of  the  persons  in  this  action  enumer- 
ated may  be  joined  or  -  parties  plaintiff.  The  enu- 
meration in  this  section  «  -,vh0  may  be  made  par- 
ties shall  not  be  deemed  to  be  exclusive,  but  the  joinder  or 
nonjoinder  of  parties,  except  when  otherwise  herein  pro- 
vided, shall  be  governed  by  the  rules  in  equity  in  similar 
cases.  In  all  ,,  who  might  properly  be  a 
party  plaintiff'  in  any  such  action  who  refuses  to  join  as 
plaintiff  may  be  made  a  defendant. 

Sec.  3.  All  actions  under  sections  1  and  2  of  this  act 
shall  be  commenced  in  the  superioi  court  of  the  county  in 
which    is   atuated    any    part   of    any    real    property    against 

which  any  lien  is  sought  to  be  enforced,  or  to  which  title 
is  sought  to  be  auieted  against  any  lien,  or  claim  of  lien; 
?ut,        in   s  "n  no  lien  against  real  property  is  sought 

to  be  enforced,  the  action  shall  be  brought  in  the  superior 
co.urt    ot  <y    which    has    or    which    had    jurisdiction 

of  the  administration  of  the  estate  of  the  decedent  men- 
tioned in  said  sections   1   and  2. 

Sec.   4.     Service  of   summons  in  the  actions  mentioned   in 
section  2  hereof  shall  be  made  on  the  secretary  of  state  and 
on   the   distict   attorney   of   the   county   in   which   the    i 
of  the  decedent   mentioned   in  said  section   is   being  adi 
istered,    or    has    been    administered    in    probate    proceeu 
and  it  shall  be  the  duty  of  said  district  attornev  to  defend 
all  such  actions. 

Sec.  5.  The  procedure  and  practice  in  all  actions  brought 
under  this  act,  except  as  otherwise  provided  in  this  act 
shall  be  governed  by  the  provisions  of  the  Code  of  Civil 
Procedure  in  relation  to  civil  actions,  so  far  as  the  same 
shall  or  may  be  applicable,  including  all  provisions  rela 
to  motions  for  new  trials  and  appeals. 

Sec.  6.  The  remedies  provided  in  this  act  shall  be  in 
addition  to  and  not  exclusive  of  any  remedies  provided  in 
the  said  act  of  March  23,  1S93,  and  the  several  acts  amen- 
datory  thereof. 

ACT  4037. 

An    act    authorizing    the    governor   to    appoint   an    expert    in 
taxation    and    public    finance,   to   sit   as   a   member   of   a 


■ 


TAXV  H5* 


i,  or 

m    oi 

l    to 

■ 

■ 

of  naid  ( 

liun- 


,ml  all 


TAXATION.  Acts  403S-4040,  5  1 

subpoenas  and  orders  or  other  process  that  may  be  issued 
by  the  chairman  of  Baid  commission,  when  directed  to  do 
bo  by  the  Baid  chairman. 

Sec  5.     The   members  of  said  commission,  other  than  the 

chairman  and   the   member  appointed    !  overnor,  Bhall 

aid   the   sum   of   ten   dollars    ($10)    per  diem   and   their 

,]   in   the  perform- 
ance   of  their  duties  as  prescribed  in  this  act. 

.  6.  There  is  hereby  appropriated  out  of  the  general 
fund  not  otherwise  appropriated,  the  sum  of  ten  thousand 
dollan  much    thereof   as   may   be  necessary,  for  the 

purposes  of  this  act. 
See.  7.    This  act  shall  take  effect  immediately. 

ACT   4038. 

Imposing   a    tax    on    the    issue    of   certificates   of   stock    cor- 
porations.    [Stats.    1877-8,   p.   955.] 

Repealed   1S37,    Mi 

ACT   4039. 

Solvent    debts,    other    than    those    secured    by    mortgage    or 
other   lien,    taxation  of.     [Stats.    1873-4,   p.    .53,] 

Repealed   1S75-6,   772,   chap.    DVIII.   amending  codes. 

ACT  4040. 

An  act  to  establish  a  tax  on  collateral  inheritances,  be- 
quests, and  devises,  to  provide  for  its  collection,  and 
to    direct    the    disposition    of    the    proceeds.     LAPProved 

rch   23,   1893.     Stats.    1893,   p.   193.] 
Amended   1895,    33;     1897,   77;     1899.    101;     1903.    55,    268. 
Repealed  1905,  p.   341. 
See  ante,  Acts  4035  and  40"6. 
Cal     Rep.    Cit.     117.    283;     139.   533;     139.   534;     139    538;     189.  540;    3».    541; 
139,    542;     L40,    468;     L43,    626;     145.    49;     145.    »0;     145,    51;     14:,,    52. 
The     amendment    of    1897     was     unconstitutional      (Estate     of     Ma- 
honey,   133   Cal.    180.)     See.   also.   Estate  of  Stanford,    126  Cal.    112. 

Section  1.  All  property  which  shall  pass,  by  will  or  by 
the  intestate  laws  of  this  state,  from  any  person  who  may 
die    aeised    or  »sed    o'f    the    same    while    a    resident    or 

this  state,  or  if  such  dccedeut  was  not  a  resident  of  this 
state  at  the  time  of  death,  which  property,  or  any  part 
thereof  shall  be  within  this  state,  or  any  interest  therein 
or  income  therefrom  which  shall  be  transferred  by  deed, 
grant,    sale,    or    gilt,    made    in    contemplation    of    the    d.ath 


Act  WW.   j  2  TAXAT1.  j.    s 

of   t  r,   or   intended    to    I 

□    ..r   enj 

"r   i 

r 

a  ><r  h<  r 
■ 
r,    or    any    ehild    or    chi 

of    (  OT    t<>    :i 

mutually 

■ 
purj 

- 
■    • 

ur>  r 

md  all  admini 

\  i  •  1  •  d,  tl 
than  live  nun  . 

or   t: 

suixi.  i 

ply   to   :ill    property    which    lias   passed,   b; 

or    tr  '  al    Of   tbi 

in.  nt  I     March  -In 

ciVi  <t  Imn  edi  itely.] 

Sec.  2.     Wh<  kTift,   legacy,  or  succession   upon 

vrliicli   a   tax    is  impost  ■!   by 

an    •  r    ;i    tinn    ul 


1?,59  TAXATION.  Act  4040,  §  §  S.  4 

life,  or  determinable  upon  any  future  or  contingent  event, 
or  shall  be  a  remainder,  reversion,  or  other  expectancy, 
real  or  personal,  the  entire  property  or  fund  by  which 
such  estate,  income,  or  interest  is  supported,  or  of  which 
it  is  a  part,  shall  be  appraised  immediately  after  the 
death  of  the  decedent,  and  the  market  value  thereof  de- 
termined, in  the  manner  provided  in  section  eleven  of  this 
act,  and  the  tax  prescribed  by  this  act  shall  be  immedi- 
ately due  and  payable  to  the  treasurer  of  the  proper  coun- 
ty, and,  together  with  the  interest  thereon,  shall  be  and 
remain  a  lien  on  said  property  until  the  same  is  paid; 
provided,  that  the  person  or  persons,  or  body  politic  or 
corporate,  beneficially  interested  in  the  property  charge- 
able with  said  tax,  may  elect  not  to  pay  the  same  until 
they  shall  come  into  the  actual  possession  or  enjoyment 
of  such  property,  and  in  that  case  such  person  or  persons, 
or  body  politic  or  corporate,  shall  execute  a  bond  to  the 
people  of  the  state  of  California,  in  a  penalty  of  twice  the 
amount  of  the  tax  arising  upon  personal  estate,  with  such 
sureties  as  the  said  superior  court  may  approve,  condi- 
tioned for  the  payment  of  said  tax,  and  interest  thereon, 
at  such  time  or  period  as  they  or  their  representatives 
may  come  into  the  actual  possession  or  enjoyment  of  such 
property,  which  bond  shall  be  filed  in  the  office  of  the 
county  clerk  of  the  proper  county;  provided  further,  that 
such  person  shall  make  a  full  ?nd  verified  return  of  such 
property  to  said  court,  and  file  the  same  in  the  office  of 
the  county  clerk  within  one  year  from  the  death  of  the 
decedent,  and  within  that  period  enter  into  such  security, 
and  renew  the  same  every  five  years.  [Amendment  ap- 
proved March  9,  1895.  Stats.  1895,  p.  33.  In  eixect  im- 
mediately.] 

Sec.  3.  Whenever  a  -deced^t  appoints  or  names  one  or 
more  executors  or  tiustees,  and  makes  a  bequest  or  devise 
of  property  to  them  in  lieu  of  commissions  or  allowances, 
which  otherwise  would  be  liable  to  said  tax,  or  appoints 
them  his  residuary  legatees,  and  said  bequest,  devises,  or 
residuary  legacies  exceed  what  would  be  a  reasonable  com- 
pensation for  their  services,  such  excess  shall  be  liable  to 
said  tax;  and  the  superior  court  in  which  the  probate  pro- 
ceedings are  pending  shall  fix  the'  compensation. 

Sec.  4.  All  taxes  imposed  by  this  act,  unless  otherwise 
herein  provided  for,  shall  be  due  and  payable  at  the  death 
of  the  decedent,  and  if  the  same  are  paid  within  eighteen 
months  no  interest  shall  be  charged  and  collected  thereon, 


tm 

but    If  nol  ti    por   coTitnm 

'■■in    the    time 

-  •    \     -    paid    within 

•    flye 

^:ii<l   tax. 

1    in    nil    .  adrninisti 

•'mm 
I 

with 
-    rir.num    ini- 

...         : 

iry     litigation,    or 

■    ■ 

•I    in 
■nob  .im    sIim! 

lid  ■  i^li- 

\ 
in  i  •    distribution, 

•    thi    tax   thei 

if    tlio    |i  11  collect 

th«   t.-t\-   thi  r.  .mi.  upon   •  he   marl 

shall 
not 

r 

tnx   fron  the    same    shall    i 

main   b   ■  til   paid;    if. 

such  imj. 

ted  period,  or     tnis! 

nit;    bnt    if   it 
in   ii  ,nrt 

to    make   an 

811111 

such    furl 

quire. 

y.J 


1361  TAXATION.  Act  4040,  §  §  7-10 

Sec.  7.  All  executors,  administrators,  and  trustees  shall 
hare  full  power  to  sell  so  much  of  the  property  of  the 
decedent  as  will  enable  them  to  pay  said  tax,  in  the  same 
manner  as  they  may  be  enabled  by  law  to  do  for  the  pay- 
ment of  debts  of  the  estate,  and  the  amount  of  said  tax  shall 
be  paid  as  hereinafter  directed. 

Sec.  8.  Every  sum  of  money  retained  by  an  executor, 
administrator,  or  trustee,  or  paid  into  his  hands,  for 
tax  on  property,  shall  be  paid  by  him,  within  thirty  days 
thereafter,  to  the  treasurer  of  the  county  in  which  the 
probate  proceedings  are  pending;  and  the  said  treasurer 
shall  give,  and  every  executor,  administrator,  or  trustee 
shall  take,  duplicate  receipts  for  such  payment,  one  of  which 
receipts  said  executor,  administrator,  or  trustee  shall  im- 
mediately send  to  the  controller  of  the  state,  whose  duty 
it  shall  be  to  charge  the  treasurer  so  receiving  thr  tax  with 
the  amount  thereof,  and  said  controller  shad  seal  said  re- 
ceipt with  the  seal  of  his  office,  and  countersign  the  same, 
and  return  it  to  the  executor,  administrator,  or  trustee,  where- 
upon it  shall  be  a  proper  voucher  in  the  settlement  of  his 
accounts;  and  an  executor,  administrator,  or  trustee  shall 
not  be  entitled  to  credits  in  his  accounts,  nor  be  discharged 
from  liability  for  such  tax,  nor  shall  said  estate  be  distrib- 
uted, unless  he  shall  produce  a  receipt  so  sealed  and  coun- 
tersigned by  the  controller,  or  a  copy  thereof  certified  by 
him. 

Sec.  9.  Whenever  any  debts  shall  be  proven  against  the 
estate  of  a  decedent  after  the  payment  of  legacies  or  distribu- 
tion of  property  from  which  the  said  tax  has  been  deducted 
or  upon  which  it  has  been  paid,  and  a  refund  is  made  by 
the  legatee,  devisee,  heir,  or  next  of  kin,  a  proportion  of 
the  tax  so  deducted  or  paid  shall  be  repaid  to  him  bjr  the 
executor,  administrator,  or  trustee,  if  the  said  tax  lias  not 
been  paid  to  the  county  treasurer  or  to  the  state  controller, 
or  by  them,  if  it  has  been  so  paid. 

Sec.  10.  Whenever  any  foreign  executor  or  administra- 
tor shall  assign  or  transfer  any  stocks  or  loans  in  this 
state  standing  in  the  name  of  a  decedent,  or  held  in  trust 
for  a  decedent,  which  shall  be  liable  to  the  said  tax,  such 
tax  shall  be  paid  to  the  treasurer  of  the  property  county 
on  the  transfer  thereof;  otherwise  the  corporation  permit- 
ting such  transfer  shall  become  liable  to  pay  such  tax; 
Gen.  Laws— 86 


Act  40W.  §  U  TAXAT1  IMJ 

ided,   that   Buch   ooriiorntinn   h;irl   knn>\  -uch 

<>r  loani  are  liabl< 

•.    11.      Wh<  n    the    valu< 

tax    \*    01 

proci 

■  v  r 

•  i 
lain  an  ii 

In     will 

■ 
in  wi 

in    r> 

•  led    with    tin     .-1.  rl:  |    front    t  i. 

1     fix     tin' 

mark  nil     Lntai  or 

■<,  and    tl 

I  w  n     to     I 

■    • 

and  <>t"  value  that 

policies  of  lif<'  insui  u  • 

the  liabilitira  of  ]ii . 

in   computing 

II.  on  thi 
valu<  future  or 

or    i  • 

mo   to   the   court, 

therein 

■ 

court,  at 

oally    and    n<  cessaril  ■ 
i 

•  endmenl   approve  d 
In   i  iT.  et  Immediately.] 


1363  TAXATION.  Act  4040,  §§  12-15 

Sec.  12.  Any  appraiser  appointed  by  virtue  of  this  act, 
who  shall  take  any  fee  or  reward  from  any  executor,  admin- 
istrator, trustee,  legatee,  next  of  kin,  or  heir  of  any  dece- 
dent, or  from  any  other  person  liable  to  pay  said  tax,  or 
any  portion  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  two 
hundred  and  fifty  dollars  nor  more  than  five  hundred  dol- 
lars, or  imprisoned  in  the  county  jail  ninety  days,  or  both, 
and  in  addition  thereto  the  court  shall  dismiss  him  from  such 
service. 

Sec.  13.  The  superior  court  in  the  county  in  which  is 
situate  the  real  property  of  a  decedent  who  was  not  a 
resident  of  the  state,  or  in  the  county  of  which  the  dece- 
dent was  a  resident  at  the  time  of  his  death,  shall  have 
jurisdiction  to  hear  and  determine  all  questions  in  relation 
to  the  tax  arising  under  the  provisions  of  this  act,  and  the 
court  first  acquiring  jurisdiction  hereunder  shall  retain  the 
6ame,  to  the  exclusion  of  every  other. 

Sec.  14.  If  it  shall  appear  to  the  superior  court,  or 
judge  thereof,  that  any  tax  accruing  under  this  act  has  not 
been  paid  according  to  law,  it  shall  issue  a  citation,  citing 
the  persons  known  to  own  any  interest  in  or  part  of  the 
property  liable  to  the  tax  to  appear  before  the  court  on 
a  day  certain,  not  more  than  ten  weeks  after  the  date  of 
6ueh  citation,  and  show  cause  why  said  tax  should  not  be 
paid.  The  service  of  such  citation,  and  the  time,  manner, 
and  proof  thereof,  and  the  hearing  and  determination  there- 
on, and  the  enforcement  of  the  determination  or  decree 
shall  conform  to  the  provisions  of  chapter  twelve  of  title 
eleven  of  part  three  of  the  Code  of. Civil  Procedure;  and 
the  clerk  of  the  court  shall,  upon  the  request  of  the  dis- 
trict attorney  or  treasurer  of  the  county,  furnish,  without 
fee,  one  or  more  transcripts  of  such  decree,  and  the  same 
shall  be  docketed  and  filed  by  the  county  clerk  of  any 
county  in  the  state,  without  fee,  in  the  same  manner  and 
with  the  same  effect  as  provided  by  section  six  hundred  and 
seventj'-four  of  said  Code  of  Civil  Procedure  for  filing  a 
transcript  of  an  original  docket. 

Sec.  15.  Whenever  the  treasurer  of  any  county  shall 
have  reason  to  believe  that  auy  tax  is  due  and  unpaid 
under  this  act,  after  the  refusal  or  neglect  of  the  persons 
interested  in  the  property  liable  to  said  tax  to  pay  the 
same,  he  shall  notify  the  district  attorney  of  the  proper 
county,   in   writing,   of   such    failure    to '  pay    such    tax,   and 


1»1 

■ 
■ 

'  ■ 
audi  r   this   t» 

■ 
■ 

■ 
I 

II    rollout    nn«I 

pei 


1365  TAXATION.  Act  4-41 

three  per  centum  r>n  the  Di  xt  fifty  thousand  dollars  so  pai-1 
and  accounted  for  by  him,  and  one  rx  r  centum  on  all 
additional  sums  so  paid  and  account*  d  for  by  him. 

Sec.  20>A.  The  treasurer  of  each  county,  in  his  die 
fcion,  for  the  better  furtherance  of  the  purposes  of  this 
act,  shall  be  allowed  to  employ  such  special  attorney  or 
attorneys,  as  he  may  deem  accessary,  who  shall  have  all 
the  authority  conferred  upon  the  district  attorney  by  sec- 
tions 14  and  15  of  this  act,  and  such  attorney  shall  be 
paid  (for  his  Bervices)  out  of  the  fees  now  allowed  the 
treasurer  as  provided  in  section  20  of  this  art,  and  that 
ia  no  case  shall  such  compensation  exceed  the  per  centum 
allowed  as  such  fees.  [New  Bection  approved  February 
;.     Stats.   1903,  p.  55.     in  effect  immeditely.] 

Sec.  21.  Any  person,  or  body  politic  or  corporate,  shall, 
upon  payment  of  the  sum  of  fifty  cents,  be  entitl. 
a  receipt  from  the  county  treasurer  of  any  county,  or  a 
topy  of  the  receipt,  at  his  option,  that  may  have  been 
given  by  said  treasurer  for  the  payment  of  any  tax  under 
this  act,  to  be  sealid  with  the  seal  of  his  office,  which 
receipt  shall  designate  on  what  real  property,  if  any,  of 
which    any    decedent    may    have    died  said    tax    has 

been  paid,  and  by  whom  paid,  and  whether  or  not  it  is  in 
full  of  said  tax;  and  said  receipt  may  be  recorded  in  the 
clerk's  office  in  the  county  in  which  said  property  is  situ- 
ate, in  a  book  to  be  kept  by  said  clerk  for  such  purposo, 
which  shall  be  labeled  "Collateral  Tax." 

Sec.  22.  All  taxes  levied  and  collected  under  this  act 
shall  be  paid  into  the  treasury  of  the  state,  for  the  uses 
of  the  state  school  fund. 

Sec.  23.  All  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

ACT  4041. 

An  act  empowering  boards  of  supervisors  of  any  of  the 
several  counties  of  the  state  of  California  to  levy  a 
special  tax  for  the  purpose  of  displaying  the  products 
and  industries  of  any  county  in  the  state  at  domestic 
or  foreign  expositions,  for  the  purpose  of  encouraging 
immigration  and  increasing  trade  in  the  products  of 
the  state. 

[Approved    March    23,    1901.     Stats.    1901,    p.    589.] 


Act  4042  TAXATION.  1TO6 

The  people  of  the  state  of  California  in  senate 

and    assembly,    do 

00      1.      'I  !u-     1  ■  • : !  r < i s     of     Bap  f     the 

i'< unities  within  the  st.-.-  r  any  of  them,  are 

by   authorised   and    empowered    to  l<  •i.-il    tax 

<>n    tin-    taxable    property    within    their  r< 

for  the  ;  ag  tea  thou- 

:    d"llars   i 

tor  collecting,     pr<  maintain!  exhibition 

■ 
ti'1  for   the   : 

imii 

purposes   in   i 

hundri  <1  <  1  > » 1 1  ■■.  ■  y  in  the  cou  aty, 

aent  roll. 

ACT  4012. 

Aji  act  j  for  tlm  levy  of  a  special  tax  fbi 

public 

I     law     un.i.  r      CO  il      pro\ 

r's    approval,    March    15,    1901.     t 

The  people  of 

1.     Whenever    it    shall    be    determined    by     the 
•    any    municipality    within 
California    that    th<  •     ■ 

of 
any     municipal     i 
works,  - 

plants,    buildings    f<>r     nun 
:    work,   or  otb<  r 

•  the   municipality, 

•  e  paid    »ul  of  tin 
be    r 

such    i:ii| 

:    thi     sum  ir.,1 

dollars,   may   be 

■  ion   v.  it  i. 

tmn   allowi  '1   1  '    -.  in. 

body  of  a   municipality   th< 


1367  TAXATION.  Act  40« 

tax  shall  be  submitted  to  the  voters  of  the  municipality 
at  any  general  or  special  municipal  election,  or  at  a  special 
election  to  be  held  for  tbat  purpose,  and  if  two-thirds  of 
the  votes  cast  upon  the  proposition  of  levying  such  tax 
shall  be  in  favor  of  the  levy  thereof,  then  the  levy  shall 
be  made;  otherwise,  the  tax  shall  not  be  levied.  Upon 
the  ballots  used  at  such  election,  the  proposition  to  be 
voted  for  shall  be  stated  in  appropriate  words  and  the 
same  arranged  so  that  the  voter  may  indicate  his  choice 
upon  the  proposition.  If  a  special  election  is  held,  the 
same  shall  be  held  and  conducted  as  are  other  elections 
within  the  municipality. 

Sec.  3.  At  least  two  weeks  before  such  election  is  held 
the  legislative  body  of  the  municipality  shall  adopt  an 
ordinance  calling  and  providing  for  the  same,  wherein  it 
shall  be  stated: 

1.  The  nature  of  the  proposed  improvement  for  the  cost 
of  which  the  special  tax  shall  be  levied; 

2.  The  total  amount  of  money  to  be  raised  for  such 
improvement; 

3.  The  annual  rate  of  taxation  to  be  levied. 

Sec.  4.  At  the  time  fixed  by  law  for  the  levying  of 
taxes  within  the  municipality,  the  legislative  body  thereof 
shall  include  the  special  tax  herein  provided  for,  which 
shall  be  the  rate  specified  in  the  ordinance  cailing  said 
election,  nor  shall  it  be  levied  for  a  longer  period  of  years 
than  shall  be  sufficient  to  raise  the  amount  of  money  speci- 
fied in  said  ordinance.  The  proceeds  of  said  special  tax 
shall  be  set  apart  in  a  special  fund  and  shall  only  be  ex- 
pended for  the  purposes  of  making  the  improvement  stated 
in  said  ordinance;  provided,  that  any  balance  remaining 
after  said  improvement  shall  have  been  fully  completed 
and  paid  for  may  be  transferred  to  the  general  fund  of 
the   municipality. 

Sec.  5.  This  act  shall  not  be  deemed  to  repeal,  conflict 
with  or  modify  any  provision  of  any  statute  of  this  state 
concerning  the  incurring  of  a  bonded  indebtedness  of  mu- 
nicipalities for  public  improvements. 

Sec.  6.     This  act  shall  take  effect  immediately. 

ACT   4043. 

An  act   to  provide  for  the  levy  and  collection  of  taxes  by 
and   for    the    use    of    municipal    corporations    and    cities 


-.  55  1.2 


of   tin  rni.i, 

: 

i.itioti   aad   abolition  oi 
t:iii  provide  that  ta< 

■  ■ 

b    county 

n  ii. i-  r«  .1   to  such  manioipaJ 
[\  .  p.  819.] 

-non    council,    or 
iration  or 

•     far  doty  to  fix 

.  ai  ;i  r.  •. 
..h     muni 

;li.  r  iihI.  b 

i    of 

-K.i  II 

lis      and 

■ 

i  .  .         :      :     . 

board    ol 

in  which  Bach  mui 

ch    county    until    - 
municipal 

■ 

;  oard  "f  trusti  i    ;'.  oi 

unicipal  )    in 

• 
•     th«     <l 
municipi  '    be 

performed   bj  rr  r  "'"  th<  ■  bicb 

corporation 


1889  TAXATION.  Act  4043.  §§  ;<-5 

ever  such  board  of  trustees,  common  council,  or  other 
legislative  body  shall,  by  ordinance,  so  determine,  Buch 
duties  shall  be  performed  by  the  treasurer  of  the  county 
in  which  such  city  or  municipal  corporation  is  situated. 
A  certified  copy  of  such  ordinance  shall  be  served  on  the 
tax  collector  and  treasurer  of  such  county,  and  such 
ordinance  shall  also  prescribe  the  manner  in  which  money 
shall  be  drawn  out  of  the  various  funds  belonging  to  such 
city  or  municipal  corporation  in  the  hands  of  the  treas- 
urer. 

Sec.  3.  The  county  auditor  must,  on  or  before  the  sec- 
ond Monday  in  August  of  each  year,  transmit  to  the  board 
of  trustees,  common  council,  or  other  legislative  body  of 
such  municipal  corporation  or  city  within  such  counfv, 
a  statement,  in  writing,  showing  'the  total  value  of  all 
property  within  each  municipal  corporation  or  citv,  re- 
spectively, which  value  shall  b<  ascertained  from  the  as- 
sessment books  of  such  county  for  such  year,  as  equalized 
and  corrected  by  the  board  of  supervisors'of  such  county. 

Sec.  4.  Each  board  of  trustees,  common  council,  or 
other  legislative  body  of  such  municipal  corporation  or 
city  shall,  on  the  first  Monday  in  September,  fix  the  rate 
of  taxes,  designated  in  the  number  of  cents  upon  each 
hundred  dollars,  using  as  a  basis  the  value  of  the  property 
as  assessed  by  the  county  assessor,  and  so  returned  to 
such  board  by  the  county  auditor,  as  required  by  section 
two  of  this  act,  which  rate  of  taxation  shall  be  sufficient 
to  raise  the  amount  so  fixed  by  such  board,  as  recpiired  in 
section  one  of  this  act,  which  acts  by  said  board  are  de- 
clared to  be  a  valid  assessment  of  such  property  and  a 
valid  levy  of  such  rates  so  fixed.  Such  municipal  or  city 
board  must  immediately  thereafter  transmit  to  the  county 
auditor  of  the  county  in  which  such  municipal  corporation 
or  city. is  situated  a  statement  of  such  rate  so  fixed  by  such 
municipal  board. 

Sec.  5.  The  auditor  must  then  compute  and  enter  in 
a    separate    column    in    the    assessment    book,    to    be    headed 

''City  Tax,  City  of  "  (naming  it),  the  respective  sums 

in  dollars  and  cents  to  be  paid  as  a  municipal  or  city  tax 
on  the  property  therein  enumerated  and  assessed  as  being 
m  any  municipal  corporation  or  city,  using  the  rate  of  levy 
so  fixed  by  such  municipal  board,  and  the  assessed  value 
as  found  in  such  assessment  book.  Such  taxes  so  levied 
shall   be   collected   at   the   same  time  and  in   the   same   man- 


I   6-1  TAX  1370 

■ 

municipal  oorpon 

.inder    the    gl  in  r:il 
r.  « ju i r.ni  law  for  tl 

r,   thai    when   such 

>f    which    has    !>•  i  n 

'    .    •  1  ■  •  • t  ■  . 1    to 

■     ' 

the 

■  rjioration 

'    r  sli  all 

•    •         nta  show- 

g   and 

'"ling    of    such 

I,  I  j    an  order  Bpi 

taxes  of 

n  I  he  hands  of  the 

:  tu   the  county 

•  nt  shall 

•     five    thousand 

Dt   for  all 

[Am'd. 

•    -iinn    coun- 
cil, irporation 

lelf  of  the  pro- 
visions       section  .;..  rvison 

I  the  imposing 
lurtb    of    one 

::.nney 
.   in  to  the 

i,  common  coun- 
cil,  >>r  other   legislative   body  of  any   municipal   eorpor 

it   city    in    i  •-,  ;f   0f   the   pro- 

<t    mui  rporation, 

trans- 
i<  Tr'  ■    I     |.i  rfor- 

municipal   eoi 

I 


1371  TAXATION.  Act  40-14,  §  1 

shall  be  transferred  to  and  be  performed  by  the  city 
marshal  or  chief  of  police  of  such  city  or  municipal  cor- 
poration, and  thereafter  the  office  of  city  assessor,  and 
City  tax  collector,  and  city  treasurer  may  be  by  ordinance 
abolished. 

Sec.  9.  Whenever  any  real  property  situate  in  any  city 
or  municipal  corporation  which  has  availed  itself  of  the 
provisions  of  this  act  has  been  sold  for  taxes  and  has  been 
redeemed,  the  money  paid  for  such  redemption  shall  be  ap- 
portioned by  the  county  treasurer  to  such  city  or  municipal 
corporation  in  the  proportion  which  the  tax  due  to  such 
city  or  municipal  corporation  bears  to  the  total  tax  for 
which  such  real  property  was  sold. 

Sec.  10.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.   11.     This  act  shall  take  effect  immediately. 

ACT   4044, 

An  act  to  provide  for  the  levy  and  collection  of  taxes  by 
and  for  the  use  of  municipal  corporations  and  cities 
incorporated  under  the  laws  of  the  state,  excepting  mu- 
nicipal corporations  of  the  first,  second,  third,  and 
fourth  classes,  and  cities  operating  under  a  charter 
framed  under  section  eight,  article  eleven,  of  the  con- 
stitution. 

[Approved  March  2,  1891.     Stats.  1891,  p.  22.] 

Cal.   Rep.   Cit.    103,   664'. 

Section  1.  The  board  of  trustees,  common  council,  or 
other  legislative  body  of  any  municipal  corporation  or  city 
in  this  state,  excepting  municipal  corporations  of  the  first, 
second,  third,  and  fourth  classes,  and  cities  operating  un- 
der a  charter  framed  under  section  eight,  article  eleven, 
of  the  constitution,  shall  have  power  and  it  shall  be  their 
duty  to  fix,  by  ordinance,  the  amount  of  money  necessary 
to  be  raised  by  taxation  upon  the  taxable  property  therein, 
as  a  revenue  to  carry  on  the  various  departments  of  ■mch 
corporation  or  city  for  the  current  year,  not  to  exceed 
the  limit  fixed  by  law,  and  to  pay  the  bonded  or  other 
indebtedness  of  such  municipal  corporation  or  city.  The 
board  of  trustees,  common  council,  or  other  legislative  body 
shall  meet  for  such  purpose,  and  shall  so  ascertain  and 
L  fix  said  amount,  on  the  first  Monday  in  August  of  each 
year;  provided,  however,  that  the  provisions  of  this  act 
shall  not  apply  to  or  be  in  force  in  any  city  or  municipal 


T     ' 

n  until   '•  n  eooneil,  of 

in  ordinance  elect- 
:    •  I    Bled   a 

i  n  t  y 
■ 
.    i.    ;.  •  .ir. 

the  1      rd  ol 
ten 

mini: 

■    mII    prom  rty 

■ 

I 

-li:ill, 

:•■     I       '■ 
-      ' 

■ 
■ 


1373  TAXATION.  Act  4045,  §§  .,  S 

Sec.  5.  The  board  of  supervisors,  on  the  filing  of  item- 
ized statements  by  the  county  auditor  and  county  tax  col- 
lector showing  the  additional  expense  to  their  'offices  of 
assessing  and  collecting  these  local  taxes,  may,  by  an  order 
spread    upon    its    minutes,    deduet    such    -  from    the 

taxes  of  ea.di  municipal  corporation  or  city,  while  in  the 
hands  of  the  county  tax  collector,  and  cover  the  same  into 
the  county  salary  fund. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

ACT  4045. 

An   act   in   relation    to   reassessment   of  property,   the   equal- 
ization of  the  Same,  and  the  collection  of  taxes  thereon, 
in    cases    where    a    former    assessment    made    since 
teen   hundred  and  seventy-nine   is  illegal  or  invalid,  or 

win  re  the  proceedings  for  the  collection  of  such  taxes 
have  been  ineffectual  by  reason  of  error,  irregularity, 
or  invalidity,  and  such   taxes  have  not  been  paid. 

[Approved    March    23,    1893.     Stats.    1893,    p.    290.J 

Cal.    Rep.   Cit.    124,   500:     12:,,   4S8;    M7,   564. 

Section  1.  Every  assessment  of  property  made  after 
the  year  one  thousand  eight  hundred  and  seventy-nine 
Which  is  invalid,  or  may  hereafter  be  adjudged  to  be,  by 
reason  of  any  illegality,  invalidity,  or  irregularity  declared 
or  existing,  in  the  assessment  of  such  property,  or  in  the 
mode  provided  for  the  assessment  thereof,  shall  be  remade, 
and  the  property  reassessed  aud  equalized  for  each  year 
for  which  such  assessment  is  invalid  as  aforesaid  and 
for  the  year  for  which  the  assessment  of  such  property  was 
invalid  as  aforesaid,  .and  such  reassessment  and  equaliza- 
tion shall  be  made  by  the  same  officers  and  boards  at 
the  same  time  or  times,  as  are  now  prescribed  by  law 
for  the  assessment  and  equalization  of  property,  of  the 
same  classes  or  kinds  as  the'  property  which  herebv  is 
required  to  be  reassessed.  The  assessment  and  equalized 
assessment  of  such  property  shall  be  entered  on  the  sev- 
eral assessment  rolls  or  books  in  the  same  manner  that 
assessments  of  such  property  are  or  were  required  by  law 
to  be  entered  for  the  year  or  years  during  which  such  re- 
assessments shall  be  made.  And  there  is  hereby  levied  for 
state  purposes  the  same  rates  of  taxation  for  each  of  such 
ctive  years  as  were  heretofore  levied  upon  such  prop- 
erty for  each  of  said  years  for  said  state  purposes. 

Sec.    2.     All    tax.s   for   counties,    cities    and   counties,    an.) 
other   taxing   districts,   shall   be   levied   by   the  proper  board 


\rt  404«  TAXATION 


upon    fcb  ~"-t    soctinn 

I    Paul    years    ait'  r 

All   pre  '    by   thli 

by  tb.    • 

- 

.  andi  r  such  rated 
pi>-- 
:!:■!   •  qaalizatioD   of   lik< 
ol    ;  and   tin-  mm  i  itioii   tfci 

levy   an.;  I    w   of   tax-  •  i. t.  ika 

.    upon    li 

I    by    law 

n    of    tax*-*    on    lik 

ill    beromr    <i<  li n.|u.  nt.    there 

an. I    th<     am  MUM 

|  m       J  ■    M    i*    . «.  •  ?  ■  1  *  ■  i 

id    like    > 
-     an.l     p.nalti.-;,    a  shall 

:nn-r    M  ■ 
law    for   the   collection  lent 

■  ■• 
Jlo-w    as    • 

•  ■  ■ 

no    limitation    or    limitations    as 
,,    which  t  <r   the   collections 

i.   and   a 

-hall, 

• 

•  •      r     . 

•.s    far    local   im] 

[«ur| 

in  force  on  and 

ACT  4046. 

\  or   ™m' 

■  '1    ''.v    ; 
and  rs    of 


1375  TAXA  riON.  Act  * 

the   different  counties,   to   collect   delinquent    state    and 

county   taxes,    and    legalizing    all     payments     made    for 
that  purpose. 

[Approved  March  2<>,  1805.     Stats.  1895,  p.  94.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do  enact  as  follows: 
Section    ].     That    all    sums   heretofore    paid    by    the    state 
to    a.iy    person    for   compensation   or   commission    to    pel 
for  collecting    delinquent    state    and    county    taxes    in    pur- 
suance   of    an    agreement    by    such    persons    with   the 
•controller     and     attorney-general     for   Bttcn     collections,    and 
all    sums   heretofore    paid    by    any   board    of    supervisors    o  it 
of    the    county    treasury    as    compensation    or    commission-, 
for   collecting  such     delinquent     taxes    in     pursuance    oi     an 
agreement  by  such  persons  with  such  boards  of  supervisors, 
are  hereby  approved  and  legalized. 

Sec.  2.     This  act  shall  take  effect  and  be  in  force   from 
ami  after  its  passage. 

ACT  4047. 

To    abolish    commissions   or  fees   paid   by   the   state   for   the 

assessment    equalization,   auditing,   and   collection    of   a<! 

valorem   taxes.        [Approved  February  23,   1893.     Stats. 

1893,  p.  5.] 
Cal.   Rep.   Cit     132,  267. 

ACT  4048. 

To  abolish  commissions  or  fees  paid  by  the  state  for  the 
assessment,  equalization,  auditing,  and  collection  of  ad 
valorem  taxes.  [Approved  March  14,  1899.  Stats. 
1899,  p.   102.] 

ACT  4049. 

To  prevent  the  maintenance  against  the  state  or  any 
officer  thereof  by  any  county  or  county  officer,  of  anv 
action  or  proceeding  for  the  collection  or  recovorv 
of  any  money  alleged  to  be  due  such  county  or  any 
officer  thereof  for  services  rendered  in  the  assess- 
ment, equalization,  auditing,  and  collection  of  ad 
valorem  taxes.  [Approved  February  16,  1899.  Stats. 
1899,  p.  9.] 
Cal.    Rep.    Cit.     132,    277. 


\  \  HON.  -^6 

ACT  4050. 

I'r  the   pnvmrnt   of  mnncv   l>v    tho   stnto   t<      X  nn'i-s 

and  for   1  'i<>n    <>f    taxe*. 

[Approved  M  "■»,  p.  56.] 

ACT    I 

An   :  tnre  oi  the  state   of 

1    "An    act    in    relation    to    I 

npon    personal    pn 
in  t  Francisco,"  approved 

reh  18,  l£ 

rm   t<>   tli>    n 
r  •'.   Code   in   re> 

•  '    : 

and 

•     in    relation    t..    ttio 
|  rOp<  r:  v 

in  t !.  '  approved   Mar  h 

four,  is  hi  r>  !■ 

1. 

Ml  conntii 

•  I  •     provisions   of   the 
.   •  realization, 

:    prop*  rtv 

in  relation 
to  r  intief 

and  ' 

in   conflict   with   this 
•  ■  rv. 

...     .    .      ,         pll      V.      Pit'S- 

ACT  4052. 

animals. 

[Approvi  d  W  ■    | .71  L] 


1377  TAXATION.  Act  4052,  J§  1,  2 

Attempted    to   be   modified   by    1S73-4,    376,    which    was,    however,    de- 
c-land   unconstitutional    in    People    v.    Townsend,    56    Cal.    634.    The    de- 
cision   seems   applicable   to   both   statutes. 
Cal.    Rep.    Cit.     143,    432. 

Assessment     of     animals     temporarily     pasturing     in      any 
county. 

Section  1.  Whenever  any  person  residing  in  any  county 
of  the  state,  and  owning  any  neat  cattle,  horses,  mules, 
sheep,  or  goats  therein,  shall  drive  the  same  from  the 
county  where  he  resides  into  any  other  county,  for  the 
purpose  of  temporarily  pasturing  the  same,  all  such  ani- 
mals shall  be  assessed  in  and  for  the  county  where  such 
owner  resides,  although  the  said  animals  shall  not  be 
at  the  time  of  said  assessment  in  said  county  in  which 
he  may  so  permanently  reside;  and  such  owner  shall  in- 
clude such  animals  in  his  assessment  list,  and  the  assessor 
of  the  county  where  such  stock  are  so  temporarily  grazed 
shall  list  the  same,  with  a  full  description  of  each  kind 
and  the  number  of  the  same;  and  for  the  purpose  of  mak- 
ing such  list,  the  assessor  shall  have  power,  and  it  is 
hereby  made  his  duty,  to  examine  on  oath  the  person  or 
persons  owning  or  having  charge  of  such  cattle,  horses, 
mules,  sheep,  or  goats,  touching  their  number,  ownership, 
and  to  whom  and  in  what  county,  if  any,  they  have  been 
assessed  for  taxation.  The  list  made  out  as  aforesaid  by 
the  assessor,  together  with  a  full  statement  of  the  same, 
shall  be  signed  and  s'tin  to  by  the  person  or  persons  owning 
or  having  in  charge  such  stock. 

Duties  of  assessors  and  treasurers. 

Sec.  2.  The  assessor  shall  file  a  copy  of  said  list  of 
such  stock  with  the  county  treasurer  of  his  county,  and 
another  copy  with  the  treasurer  cf  the  county  in  which 
the  said  stock  was  hist  listed  and  assessed  for  taxation. 
Upon  filing  the  lists  aforesaid,  with  the  sworn  statement 
therein  that  the  stock  specified  in  said  lists  has  been 
pastured  or  used  in  the  county  mentioned  therein  during 
the  grazing  season,  with  the  treasurer  of  tne  county  in 
which  it  was  assessed  for  taxation,  said  treasurer  shall 
pay,  on  the  order  of  the  treasurer  of  the  county  in  which 
the  stock  was  so  pastured  or  used,  one-half  of  the  amount 
01  taxes  paid  in  on  the  said  stock,  less  the  cost  of  collec- 
tion. 

Gen.  Laws— 87 


Aeu  *  .  TAX  at:  .    i 

trta    >>f    BCtn    in    conflict    \nth    this 
t    with   this  :i  r.  i.y 

I.     This  act  shall  take  ■  nml  after  its  pas- 

ACT   IMS. 

T.i    ■  ir  bands 

litable  distribution 
of  the  •  March  Tfl, 

187 

.  :<•   v.    To* 

A<"T   POM. 

Tn    r  rmm 

tr\> 

I 

A   as  t.iifi  on  notes  s»- 
ir»  ITO  an.1   OIL 

ACT  4065. 

St  a  I 

r-  M 

«rt  ralMatad  the  procixMinics  of  tax  oollccUra  In 

ACT 

I   to   the  etnto. 

Th ! «        ■  lor  1  ;  ■  i 

irnv#    mr>    yrar    * 

ACT  4067. 

I 

th*  st*to.        -  1.1 

This   act    gave   taxj  avers    tho   rlgtit 

ACT   1058. 

ting   r<  li<  f   to   taapayeiB   whose   lands   bswe    !■• 

•  P-  '•'•] 

37S0.    as  imcn.W   ISSt, 
This  act   gave  a  right  of   r 


1379  TAXATION.  Acts  4059,  l.*0 

ACT   4059. 

An  act  to  confirm,  validate  and  legalise  certificates  of 
tax  sabs  ami  lax  deeds  executed  to  the  state  of  Cali- 
fornia for  property  sold  and  deeded  thereto  for  non- 
payment  of   taxes. 

[Approved  February   28,   1903.     Stats.   1903,  p.   63.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do   enact   as   follows: 

Section  1.  That  all  certificates  of  tax  sales  and  tax 
deeds  made  to  this  state  by  the  county  tax  collector,  which 
•  ertificates  and  deeds  are  based  upon  the  sale  of  property 
for  nonpayment  of  taxes,  and  which  certificates  and  deeds 
fail  to  recite  the  correct  date,  or  any  date,  when  the  right 
of  redemption  will  expire,  or  had  expired,  or  which  cer- 
tificates recite  an  incorrect  date  when  the  state  would 
be  entitled  to  a  deed,  be  and  they  are  hereby  confirmed, 
validated,   and    legalized,    and   the   same   shall   be    construe  1 

and    operate    at    all    times    and    upon    all    c asions    in    law 

in  the  same  manner  as  if  such  matters  and  things  required 
by  law  had  been  recited  therein  and  performed  in  the. 
first  instance;  provided,  that  in  all  cases  five  years  shall 
have  elapsed  between  the  date  of  sale  of  the  property  to 
the  state  for  nonpayment  of  taxes  and  the  date  of  the 
execution  of  such   deed. 

Sec.  2.     This  act  shall  take  effect  immediately. 

ACT  4060. 

An  act  authorizing  and  providing  for  suits  for  the  col- 
lection of  delinquent  taxes  due  upon  personal  prop- 
erty. 

[Approved    March    13,    1903.     Stats.    1903,    p.    130.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  Each  county  and  city  and  county  may  sue 
in  its  own  name  for  the  recovery  of  any  and  all  moneys 
due  or  hereafter  to  become  due  as  delinquent  taxes  upon 
any  and  all  personal  property,  where  no  real  property  is 
assessed  as  security  for  the  payment  of  such  personal 
property  taxes,  or  where,  in  the  judgment  of  the  board 
of  supervisors,  there  is  not  sufficient  real  property  as 
sessgd  to  secure  the  payment  of  such  personal  property 
taxes,   whether  the   same   be  for  county  or  city   and   county, 


Actrttt  TAXVTT 

and   lUte   pUT|  -nil   penalties 

.    Bait    thi  ment 

■ 

the   plain- 
tiff'■  rigl  • 

for   the   collection   of 

d    nnd(  r    the 

!.  4.    All 

01     of 

tfl    of 

rnia. 

.     iin- 

A 11  i  lit     in     : 

Sriiitf- 

1880,    p.    136    (Ban.    ad. 

-)-J 

■•p.    SS70,   •.«  !KSJ,    at. 

It.)     On   the  point   tut   to 

■ 

C»,   «8;     1  171;     91.    «M;     * 

60. 

aint    in 
In     an.  *     com- 

■      in    this    - 

in 


ISP  TAXATION.  Acts  4062,  40B3 

shall  be  prima  facie  evidence  of  the  plaintiff's  right  to 
rccovf  r: 

(Title  of  court.)  (Name  of  plaintiff)  vs.  (name  of  de- 
fendant.)    PlaintiiF    avers    that    defendant    is    indebted     to 

plaintiff   in     the    sum   of   $ (naming-  the    amount    for 

county,  or  city  and  county),  taxes,  with  five  per  cent 
penalty  added  thereto  for  the  non-payment  thereof,  an'l 
interest  thereon  at  the  rate  of  two  per  cent  per  month 
from  the  (date),  and  fifty  cents  costs  of  advertising. 
Plaintiff  further  avers  that  defendant  is  indebted  to  plain- 
tiff  in    the    farther   sum   of   $ (naming   amount),    for 

state  taxes,  with  five  per  cent  penalty  added  thereto  for 
the  nonpayment  thereof,  and  interest  thereon  at  the  rate 
of  two  per  cent  per  month  from  (date),  and  fifty  cents 
costs  of  advertising,  which  said  taxes  were  duly  assessed 
and  levied  upon  (the  real  or  personal)  property  of  said 
defendant,  to  wit:  (describing  property  as  assessed),  for 
the  fiscal  year  (naming  the  year).  Wherefore,  plaintiff 
prays  judgment  against  said  defendant,  for  said  several 
sums,  with  interest  and  penalty  as  aforesaid,  and  costs 
of  suit. 

(Signature  of  attorney.) 

And  in  any  case  where  the  defendant  is  sued  in  a  rep- 
resentative capacity,  such  other  further  or  additional  al- 
ii gatioHS  as  may  be  necessary  to  charge  him  in  such 
capacity;  and  it  is  further  provided,  that  any  county,  or 
city  and  county,  where  such  taxes  are  delinquent,  may  sue 
in  its  own  name  for  the  recovery  of  delinquent  taxes, 
whether  the  same  be  for  county,  or  eity  and  county,  and 
state   purposes^  or  taxes,  or  cither  of  them. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and    after    its    passage. 

ACT  4062. 

To  protect   the   county  treasuries  of  certain  counties.     [Ap- 
proved March  16,  1874.     Stats.   1873-4,  p.  393.] 

This  act  provides  that  the  assessors  of  Siskiyou,  Calaveras,  Ama- 
dor, and  Alpine  counties  should  pay  the  salaries  of  deputies  employed 
by   th(  m.     it   was  probably   repealed   by   the   County  Government  Act. 

ACT   4063. 

Firemen  in  certain  counties,  to  be  exempt  from  payment  of 
poll    tax.      [Stats.    1873-4,    p.    731.J 

Rep'  i  -  7. 

This  act  exempted  the  firemen  of  the  counties  of  Nevada,  Placer, 
El   Dorado,    Alameda,    and    Siskiyou. 


Act*  4<  RTT. 

TITLE  494. 

THII  \.M  \    i'mI'NTY. 
ACT    I 

To    t  rind    prr-  •  >--<»in£   of    animals 

in. 
Am'- 

I       17«.     rhnp      rXXXVI 
end   lf»7,    1M.   a;  troy   law  of  1901.  6M." — <"oie   Cimml'^l 

■ 

ACT    1069. 

r       of.      [Stats. 

• 
ACT    ; 

-ntion    of.      [Stats. 

•ting  net   of 
ACT 

1871*8,  p.   - 

ACT 

■ 

t      1*^7.    4i2.    etc.    193. 

■      I 

ACT 

?■    r,'»  1 
ACT 

Pari  tion  f<  nc<  i  In.  "■! 

ACT 

Autl  I    of    Trhama    ("minty    from 

0att4     oouutiis. 
p.    151.] 

ACT 

1   tax.  p.    )•"■!. 1 

A*    •  1«J    by    County    Government 

ACT 

pltal  poji  tax.     [Stata  1*77 -8,  p.  81L] 
•  ..  u  i 
imul  Ait*. 


13S3  TEHAMA,   TOWN   OF— TELEGRAPH   LINES.    Acts  4078- W12 

ACT   4078. 

Eedistricting      and       reorganizing     board     of     supervisors. 
[Stats.   1873-4,   p.   S16.] 
Superseded  by  County   Government   Acts,    see  1897,    452. 

ACT  4079. 

Making  treasurer  of  ex-officio  tax  collector.       [Stats.  1873-4, 

p.   796.] 

Amended    1875-6,    232.     Repealed    by    County    Government    Acts,     see 
1897,    452. 


ACT   4084. 


TITLE  495. 
TEHAMA,  TOWN  OF. 


To  prevent   hogs  from  running  at  large   in.      [Stats.   1873-4, 
p.  776.J 
Repealed  1877-8,  79. 


TITLE  496. 

TELEGKAPH    LINES. 
ACT    4089. 
Concerning    telegraphic     messages    and     to     secure     secrecy 

and  fidelity  in  the  transmission  thereof.      [Stats.  1S61,  p. 

380.] 

Superseded   by   statute   of   1S62,    288. 

ACT   4090. 

For    regulating    telegraphs    and      to      secure     secrecy      and 

fidelity    in    the    transmission    of    telegraphic    messages. 

[Stats.  1862,  p.  288.] 

Amended  1863-4,   232. 

"As  to  Penal  provisions,  superseded  by  Penal  Code  (see  sees.  019- 
621,  6S0;  Civil  Code,  sec.  1017);  but  section  17,  relating  to  contracts  and 
communications,  probably  remains  in  force." — Code  Commissioners' 
Note. 

ACT   4091. 

Providing  for  the  construction  of  a  telegraph  line  be- 
tween the  Atlantic  and  the  Pacific.  [Stats.  1S65-6, 
p.   102.] 

ACT  4092. 

Providing    for    the    construction    of    a    telegraph    line    from 

San   Jose    to    San    Bernardino.      [Stats.    1865-6,    p.    808.  J 

Amended    1867-8,    530. 


AcU  W93-4104  TH1 

ACT    4093. 

Authorizing   telegraph  nd    WUmlng- 

S7.] 
ACT    1094. 

intention 
to  i  187]  -.  p.  '.'7. J 


TITLE  497. 

THE  \1 
ACT 
An  Ml  making  it  unlawful  I  Ion  to  places  of 

a  111: 

[Approved   U 

I   Cool*.  1*06.    8e«  not*  to  |  £>" 

■ 

nl.iwful   for 

_•  n  ta 

iblio 

ainn.si  iii'  nt     oi 
any 

u    t  ■  ir'  c|    !'.v    !'"r'' 

my  ni 

and<  r  I 

|i  wd  <>r  immoral   •  may 

I   lr.nn   any   sin-li  pi  BU  nt. 

Any    pel 
place  <>(  amui 
■•ill.  d   to 
r    from 

dollars  in  addition 

.;.    Tms  aot  shall  I  I  Lmmi  di. 


TITLE    498. 
THJ 

act   not. 

nt   pi  D   of 

In  1 

•  I   Alameda. 


lo83        TLA    JUANA    FLOOD— TORUKXP    T.AXD    SYSTEM.     A    I 

TITLE  499. 
TIA  JUANA  FLOOD. 
ACT  4109. 

Appropriation    for   the   benefit    of   the    sufferers   of   the    Tia 
Juana  flood.      [Stats.   1891,  p.  450.] 
Unconstitutional.     (Patty   v.    Colgan,    97   Cal.    LSI.) 


( 

■ 

■  i 


TITLE  500. 
TORItENS    LAND    SYSTEM. 
ACT  4114. 

An  act  to  create  a  special  commission  for  the  purpose  of 
examining  and  reporting  to  the  thirty-first  session  of 
the  legislature  on  the  Terrens  land  transfer  act  of 
Australia,  and  making  an  appropriation  therefor. 

[Approved  March  9,  1S93.     Stats.  1893,  p.  121.] 

Section  1.  A  special  commission  of  five  persons,  four 
of  whom  shall  be  members  -of  the  legal  profession,  is 
hereby  created  for  the  purpose  of  examining  the  methods 
of  land  transfer  and  registration  as  existing  under  the 
Torrens  land  transfer  act  of  Australia,  and  of  preparing 
a  system  for  the  state  of  California  in  accordance  with  said 
act;  and  of  reporting  the  same,  with  an  opinion  thereon, 
to  the  thirty-first  session  of  the  legislature  of  the  state 
of  California. 

Sec.  2.  The  members  of  such  commission  shall  be  ap- 
pointed by  the  governor  within  twenty  days  after  the 
passage  of  this  act;  and  within  ten  days  from  such  ap- 
pointment said  commissioners  shall  meet  and  organize 
themselves  into  a  board,  at  the  place  in  wThich  the 
majority  of  said  commissioners  shall  have  their  residences. 
The   members  of  said   commission  shall  receive  no  salary. 

Sec.  3.  The  state  printer  shall  print  such  reports  as  said 
commission  may  make. 

Sec.  4.  There  is  hereby  appropriated  the  sum  of  five 
hundred  dollars  ($500)  out  of  any  money  in  the  stata 
treasury  not  otherwise  appropriated,  for  the  contingent 
expenses  of  said  commission,  and  the  state  controller  shall 
draw  a  warrant  on  the  state  treasurer  for  such  sum; 

Sec.  5.     This  act  shall  take  effect  immediately. 


15,  85  1-5  t-  'j  i:m. 

ACT  4115. 

An  m    of    l.in.1    titles    and    the    sim- 

plification oi 

p.    138.] 

-    ■    .  r.  ^ist  rars. 

[en    in      the 

titles 

i"    their  .1    tii,  ir   •!<]>!  :    )»• 

li  rk     hire, 

!">'!  ;H.|     tin  ii 

this 

if     titlis    shall    1"' 

■ 

!,y    law      to     1'  ' 

■  riii!,' 

their  iluti'  s,   shall   alM  ■    ami 

•I. t"ul    dis  trars, 

w  h<  •  addit  ios  .  nil  'I 

mthI    all    duties    of 
Mar,   and    the 
i«li    il«  put  ii  II   shall    be    hi  hi    to    h 
trar. 

Tar  and  <!' ■j'Uty  not  be  practice  law. 

and    'li  pui.v    '  Fbited 

g 
aJ   law,  or   h  urtner  a   lawyer  or   anj 

inch,  or  t roro  md<  i  this 

Bringing  land   andi  r  the 

Application    1  of    apph 

tion. 
:..     Land    may    1"'    brought    under    the    oi 
this    act    by    the   filing    with    the    county   clerk   of   a   verified 


13S7  TOnUEXS     LAND     STriTEM.  Act  4115,  §  6 

petition  to  tho  superior  court  of  the  county  within  which 
such  land  is  situated,  by  the  owner  of  any  estate  or  inter- 
est in  such  land,  whither  legal  or  equitable  (other  than 
an  undivided  share,  or  an  easement).  The  clerk  shall  im- 
mediately indorse  on  such  application  the  exact  time  of  its 
presentation,  and  enter  the  same  in  a  book  kept  for  that 
purpose  and  known  as  the  land  register  docket.  Persons 
who  'collectively  claim  to  hold  the  entire  .legal  estate  in 
fee  simple  may  jointly  file  such  petition.  A  corporation 
may  apply  by  its  authorized  agent,  an  infant  by  his  guard- 
ian; any  other  person  under  disability  by  his  guardian  or 
trustee.  Land  constituting  a  single  parcel  and  lying  partly 
in  two  ot  more  counties  may  be  included  in  one  applica- 
tion, which  may  be  made  in  either  county  in  which  the 
land  lies,  but  the  certificate  issued  therefor  must  he  filed 
with  the  registrars  of  all  the  counties  within  which  such 
land  is  situate.  Two  or  more  parcels  of  land  may  be  in- 
cluded in  one  application  if  owned  by  the  same  person  and 
in  the  same  right. 

Contents  of  application. 

Sec.   6.     The   petition   shall   set   forth   substantially: 

(a)  The  name,  occupation,  place  of  residence,  and  post- 
office  address  of  the  applicant,  and  if  the  application  is 
by  one  acting  in  behalf  of  another,  the  name,  place  of 
residence,  post-office  address,  and  capacity  of  the  person  so 
acting,  and  the  nature  of  the  disability  of  the  person  for 
whom  he  is  acting. 

(b)  Whether  the  applicant  (except  in  case  of  a  corpora- 
tion) is  married  or  not,  and,  if  married,  the  name  and  resi- 
dence of  the  husband  or  wife. 

(c)  The   description   of   the   land. 

(d)  The  applicant's  estate  or  interest  in  the  same,  and 
whether  the  same   is  subject  to   an  estate  of  homestead. 

(e)  Whether  the  land  is  occupied  or  unoccupied,  and,  if 
occupied,  the  name  and  post-office  address  of  each  occupant, 
and  what  estate  or  interest  he  has  or  claims  in  the  land. 

(f)  Whether  the  land  is  subject  to  any  easement,  lien, 
or  incumbrance,  and,  if  any,  the  name  and  post-office  ad- 
dress if  known  of  each  holder  thereof,  and  the  nature  and 
amount  of  the  same,  and,  if  recorded,  the  book  and  page 
of  the  record. 

(g)  Whether  any  other  person  has  any  estate  or  claims 
any  interest  in  the  land,  in  law  or  equity,  in  possession, 
remainder,  reversion,   or   expectancy,  and,   if   any,   the   name 


A.  141.  TV  EM.  1388 

:ni.|  ..[    .\.ry   such    person,   and 

f  all    tin-    own- 
.-•  is  :il>ir,  apoa  diligont 
■ 

male,  that  he  is  of  the  full  nge 
is    of    the    full 
in    is   madi    by   ;i 
. .    .  -      :•     irporated 
.    • ' 

-       i  •    the   appliea- 
is   corn- 
most    ao 
I   plat  or    plan   of 

-    must 
tht> 

map 

:f  at  all. 
mpani<  >\    bj    an    al 

.1    by    tl  r   n  ••,   as 

cor- 

I 

by  aball   Ix     sofflelenfc. 

uris- 

,  IlleSS 

.      .      ..  ;   ,     . 

I   to   make  or 
furni  title  until  after  entering  into  an 

the 

t  h  n  n 

i    Ir.'m    time    to 

-    shall    b<     r.  COrd*d 

in    1 1 

:    in    the  ^aid 

■ 

r    or 
- 

shall 

v   of 

the  I 

•■ 

i.ties 


1389  TORKENS   LAND    SYSTEM.  Act  4115,  §§  7-13 

for  the  whole   sum.     Said  bond  shall   be   renewed  as  often, 
at  least,  as  once  in  every  period  of  three  years. 

Registration  of  fee  simple  must  precede  all  else. 

Sec.  7.  No  mortgage,  lien,  charge,  or  lesser  estate  than 
a  fee  simple  shall  be  registered  unless  the  fee  simple  to  the 
same  land  is  first  registered. 

Registration  not  to  be  raised  because  of  incumbrance. 

See.  8.  It  shall  not  be  an  objection  to  bringing  land 
under  this  act,  that  the  estate  or  interest  of  the  applicant 
is  subject  to  any  outstanding  lesser  estate,  mortgage,  lien, 
or  charge;  but  every  such  lesser  estate,  mortgage,  lien,  or 
charge  shall  be  noted  upon  the  certificate  of  title  and  the 
duplicate  thereof,  and  the  title  or  interest  certified  shall  be 
subject  only  to  such  estates,  mortgages,  liens,  and  charges 
as   are    so   noted,   except   as   herein   provided. 

No  registration  based  ou  tax  title  until  after  five  years 
adverse  possession. 
Sec.  9.  No  title  derived  through  sale  for  any  tax  or  as- 
sessm<  fit  shall  be  entitled  to  be  first  registered,  uuless  it 
shall  appear  to  the  satisfaction  of  the  court,  upon  the  hear- 
ing of  the  application,  that  the  applicant,  or  those  through 
whom  he  claims  title,  have  been  in  the  open,  actual,  con- 
tinuous, uninterrupted,  undisputed,  exclusive,  and  adverse 
possession  of  the  land  under  such  title  at  least  five  years, 
and  have  paid  all  taxes  and  assessments  legally  levied  there- 
on for  five  successive  years. 

Amendment   to   application  verified. 

See.  10.  The  application  may  be  amended  only  by  peti- 
tion verified  as  in  the  case  of  the  original.  Such  amend- 
ment may  be  ordered  by  the  court  on  its  own  motion,  or 
upon  the  motion  of  any  person  interested  in  the  proceed- 
ing. 

Filing  of  application  to  be  notice  to  subsequent  purchasers. 
Sec.  11.  The  filing  of  the  application  in  the  office  of  the 
county  clerk  shall  be  sufficient  notice  of  the  same  to  all 
subsequent  purchasers  or  incumbrancers  without  the  filing 
of  a  lis  pendens  in  the  office  of  the  recorder. 

Court   to   dismiss  application,  or  set  it   for  hearing. 

Sec.  12.  The  court  shall,  in  its  discretion,  examine  the 
abstract  itself,  or  refer  the  same,  as  provided  in  section 
eighteen  of  this  act.     If  it  shall   appear  to   the   court,  from 


M 
from   th.    • 

'    and 

•   ■ 

■  '    I 

■ 
into    thr 

■ 

■ 
Ms    appi 

1..    raa<l-  ■•   on   granting 


1391  TORHKN.q    LAND    SYSTEM.  Act  4115.   J§  16-18 

forth  in  the  petition,  the  court  shall  duly  make,  give  and 
enter  a  decree  to  that  effect,  which  said  decree  shall  con- 
tain an  accurate  description  of  the  property  in  question, 
with  a  diagram  tb<  r<  of,  and  also  shall  set  forth  all  liens 
nml  incumbrances  on  said  land,  with  the  name  of  the  holder 
thereof,  and  the  nature,  amount,  and  order  of  the  same,  and, 
it  recorded,  the  book  and  page  of  the  record.  Any  party 
aggrieved  by  such  decree  may  appeal  therefrom  in  the  man- 
ner now  or  hereafter  provided  by  law  for  appeals  in  civil 
actions. 

Registrar  to  issue  certificate  of  title  upon  filing  of  certified 
copy  of  decree. 
Sec.  16.  A  certified  copy  of  such  decree  shall  be  filed 
in  the  office  of  the  registrar,  who  shall  thereupon  issue  a 
certificate  of  title  to  the  person  entitled  thereto  as  shown 
by  said  decree,  and  shall  proceed  to  bring  said  land  under 
the  operation  of  this  act,  aa  herein  provided.  Said  certificate 
shall  contain  the  description  of  the  property  set  forth  in 
the  decree,  and  shall  also  show  the  nature,  amount,  and 
order  of   the  liens  thereon. 

e  to  be  in  rem,  and  conclusive. 
Sec.  17.  The  decree  of  the  court  ordering  registration 
shall  be  in  the  nature  of  a  decree  in  rem,  and  shall  be 
final  and  conclusive  as  against  the  rights  of  every  and 
all  persons,  known  and  unknown,  to  assert  any  estate,  in- 
terest, claim,  lien,  or  demand  of  any  nature  or  kind  what- 
ever, against  the  land  so  ordered  registered,  except  as  pro- 
vided in  this  act. 

Court  to  appoint  referee;  compensation  of  searcher  and  of 
referee. 
Sec.  18.  Upon  the  filing  of  the  petition  the  court  may 
appoint  a  referee  to  examine  and  report  upon  the  abstract 
accompanying  the  same.  Such  referee  shall  be  an  attorney 
in  good  standing,  skilled  in  the  examination  of  titles,  of 
not  less  than  three  years'  practice  at  the  bar,  of  the 
court  so  appointing  him.  The  compensation  of  the  searcher 
and  of  the  referee  shall  be  fixed  by  the  court,  or  agreed 
upon  between  themselves  and  the  applicant,  and  shall  be 
paid  by  the  applicant  as  a  part  of  the  costs  of  the  pro- 
ceeding. 


Writ!  e  filed   before  doeroe  mri<le. 

19.     wic  '..  \  •  r    Buch    al  and 

Piidi   r>  f>  ree  appo  "  -  all   1-'-   ent<  red   by   the 

court    until    tl  II   be 

fill  >1   in    the    pi  re  of  1  be   appli- 

cant ibjeci    i<> 

rticularly 
■ 

■    ■       term  "1 
■ 

y    \vitli«lr  'i     upon     payment     of 

:      .-.  r!  Lflc  I ' 
titlo. 

ill   feea 
an)    time 

oi    i  iil<-: 

Written  BJ    .•....-■;.  r    of    t  lu- 

rk   shall    ; 

r    the    pu: 

liis  application. 

On   transfer  of  interest   or  death  >>f  applicant,  proceedings 
ma)   1"    contli 

•       ir  any  dii  ability   of   t  h<» 
applicant,  on   motion,  may  allow  the  pi 

atinned 

r    in    int.  n  -t.      I  ti  liter- 

f  t ho 

Mai   appl  ;    raoa    to 

•rhom    the   tr  I    is    th<    pro- 

Dg. 

!  of  particulars  of 

i    immedi 

- 
aim    for   thai    purpose,  show  i  ime   of   the   person   to 

whom  tl 

and    min  d   to 

i-  d,     and     the 
and   peg  the   original   ccrtifi  1  or 

1<  .1. 


1393  TORRENS  LAND  SYSTEM.  Act  4115,  §§23,  'A 

Certificate  of  title  to  be  in  duplicate;  its  contents;  original 
to  be  retained  by  registrar. 
Sec.  23.  Every  first  and  subsequent  certificate  of  title 
shall  be  in  duplicate  and  number  consecutively  and  bear 
date  the  year,  month,  day,  hour,  and  minute  of  its  issue,  an  i 
be  under  the  hand  and  official  seal  of  the  registrar,  one 
copy  of  which  shall  be  retained  by  the  registrar  and  be 
known  as  the  original,  and  the  other  shall  be  delivered  to 
the  owner,  or  person  acting  for  him,  and  be  known  as  the 
duplicate.  It  shall  state  whether  the  owner,  except  in  th-j 
case  of  a  corporation,  executor,  administrator,  assignee,  or 
other  trustee,  is  married  or  not  married,  and  the  name  of 
the  husband  or  wife.  If  the  owner  is  a  minor  it  shall  state 
his  age;  if  under  any  other  disability,  the  nature  of  the  dis- 
ability. If  issued  to  an  executor  or  administrator,  the  cer- 
tificate shall  show  the  name  of  the  deceased  testator  or  in- 
testate; if  to  an  assignee  in  insolvency,  the  name  of  the 
insolvent.  The  registrar  shall  note  at  the  end  of  the  cer- 
tificate, original  and  duplicate,  in  such  manner  as  to  show 
and  preserve  their  priorities,  the  particulars  of  all  estates, 
mortgages,  liens,  incumbrances,  and  charges  to  which  the 
owner's  title  is  subject. 

Form  of  certificate. 

Sec.  24.  No  particular  form  of  certificate  of  title  is 
required,  but  the  same  may  be,  subject  to  such  changes  as 
the    case   may  require,  substantially  in  the  following  form: 

State   of   California, 
Countv  of  


A.  B.  (state  occupation  and  residence,  giving  street  and 
number),  state  of  California  (if  an  administrator,  give  the 
name  of  the  deceased;  if  a  minor,  give  his  age;  if  under 
other  disability,  state  its  nature),  married  to  (name  of  hus- 
band or  wife,  or  if  not  married  so  state),  is  the  owner  of 
an  estate  in  fee  simple  (or  as  the  case  may  be)  in  the  fol- 
lowing land  (insert  description  contained  in  the  decree). 
Subject,  however,  to  the  estates,  easements,  liens,  incum- 
brances, and  charges  hereunder  noted.  (In  case  of  trust, 
condition,  or  limitation,  say  "in  trust,"  or  "upon  condi- 
tion," or  "with  limitation,"  as  the  case  may  be.) 

1.  Mortgage  to  C.  D.  for  the  sum  of  $ ,  dated  , 

payable  after  date,  with  interest  at  per  cent 

per  ,  interest  payable  ■. 

Gen.  Laws— 88 


Art  4115.   5§  25-27  TOi  '  :*• 

2.    M.  ehtWJC  's  H<  n  in  favor  ..f  X.  V.  for  $ .  filed  . 

-issin.  nt  fur  LmproveoMBi  of - 

$ ,  due  . 

-    nces  or   charp'8.) 

In    w 

■d    IllV   iifl'i.-iiil    -  afllx«.l     this   .lav    ..|  , 


•    r  the  county  of 
furnia. 
[S,.l] 

Tenants  in  rvimmoi 

I  n  .-ill  eaeee  p  pi  r««ns  i 

titl- 

Sli.i. 

i.h   may    i  ii is  undh 

consolidate  at  v.  ml  nr  .h\  id 

of  land  held  un- 

ilir   on rtifleate,    :in<l    delivering    up   of   iucd    certifl 

,,r    C(  rtil  titlr.    tlr  Bach 

owner    ii    single    c> 
laii'l.    M    M  <  ■  ral    • 

.    Ian.],    iu    accordance    nith    euofa    application,    :i 

■.tly     wit. 
• 
n.|    that    may    I"     included    in    nno    •■■ 
an. I     ujM.n     'fifing 

ich  land   -  r'  d  op  -i  memorial, 

un.l   folium  oi 
■  d. 

.  a  by  ot  lont 

dui 

the   court    for   an   order  tii«>n    i 

h   applic 
noti<  ••   t.>   !••    given    to   tueh    [xnunt,   and  time  as 


1305  TORRENS    LAND    SYSTEM.  Act  4115,  §5  28,  29 

it  may  deem  proper.  If  the  court  is  satisfied  that  the  ap- 
plicant is  the  person  named  in  the  original  certificate  on 
file  in  the  registrar's  office,  and  that  the  duplicate  certifi- 
cate has  been  lost,  mislaid,  or  destroyed,  the  court  shall 
make  an  order  directing  the  registrar  to  issue  a  certified 
copy  of  the  original  certificate  to  the  apjdicant.  A  certi- 
fied copy  of  such  order  shall  be  filed  in  the  registrar's 
office,  who  shall  thereupon  issue  to  such  applicant  a  certi- 
fied copy  of  the  original  certificate,  with  the  memorials  and 
notations  appearing  upon  the  register,  and  shall  note  upon 
the  register  the  fact,  cause,  and  date  of  such  issue,  and 
shall  also  mark  upon  such  certified  copy:  "Owner's  certi- 
fied copy,  issued  in  place  of  lost  (mislaid,  or  destroyed, 
as  the  ease  may  be)  certificate,"  and  such  certified  copy 
shall  stand  in  the  place  of,  and  have  like  effect,  as  the 
missing  duplicate  certificate.  In  case  of  a  lost  certificate, 
no  transfer  of  the  land  shall  be  made  until  such  certified 
copy  is  issued  by  the  registrar.  A  certified  copy  of  the 
certificate  of  title  may  be  issued  by  the  registrar  for  use 
as  evidence,  upon  the  receipt  by  him  of  an  order  therefor 
made  by  the  court;  provided,  that  such  certified  copy 
shall  have  writtt  -  or  stamped  across  the  face  thereof  the 
words  "For  use  as  evidence  only."  The  issuance  of  such 
certified  copy  and  the  purpose  thereof  shall  also  be  noted 
upon  the  original  certificate  by  the  registrar. 

Change  of  name  or  of  description  to  be  noted  on  order 
of  court. 
Sec.  28.  If  an  owner's  name  or  description  is  incorrectly 
registered,  or  becomes  changed  (e.  g.  by  marriage,  adop- 
tion, divorce,  etc),  the  court,  upon  the  filing  of  an  appli- 
cation and  proof  of  facts  in  the  manner  set  forth  in  sec- 
tion twenty-seven  of  this  act,  and  the  production  by  the 
owner  of  the  duplicate  certificate,  shall  order  the  registrar 
to  issue  a  new  certificate,  with  such  changes  as  the  case 
may  require. 

The  Kegister  of  Titles. 

Original  certificate  to  be  entered  in  register;  memorials  to 
be  on  latest  certificate. 
Sec.  29.  The  registrar  shall  keep  a  book,  to  be  known 
as  the  "Kegister  of  Titles,"  wherein  he  shall  enter  all 
original  certificates  of  title,  in  the  order  of  their  numbers, 
with  appropriate  blanks  for  the  entry  of  memorials  and  no- 
tations allowed  by  this  act.  Each  certificate,  with  such 
blanks,    shall    constitute    a    separate    folium    of    such    book. 


Act  4116.  |{  30-33  BM 

All   m< n,  upon   th>> 

r.  <1  apon 

•itlo 
"Ti    v  >t'   wlii.-li    it   i*  n  dopli- 

•:  for  da]  nee. 

•  v  duplicate  c<  rtil 

•  by 

•    •   ■ 

of    t 

I 
onfri»a  njon  cortifiraf 

I    or 
■rill    be    .; 
win  ii  r  ir     shall 

•    title,   in   dapl 
volm  foliam    oi 

mriv 

Trai  n  new  wrtifl 

tion     t"     ' 

■  >r. 

11      he 
I    uii.li  r    •  IN  W    '''  r- 

the 
ration;    and    all    other 

•  I    when    the    memorial    or    i 
tion    f>  1 . a  1 1     I  in    the 

■ 
tho  land 

■ 
tra* 

whii'h   tl 

Part; 

otl 

-  himself 


1397  TORRENS    LAND    SYSTEM.  Act  4115,   §§  34,  35 

pertaining  to  the  first  registration  of  land,  or  any  subse- 
quent transfer,  or  charge  upon  the  same,  or  failing,  or 
ueglecting,  or  refusing  to  file  any  instrument,  or  to  enter 
or  cancel  any  memorial  or  rotation,  or  to  do  any  other 
thing  required  of  him  by  this  act,  may  file  a  complaint  in 
the  superior  court  making  the  registrar  and  other  per- 
sons,  whose  interests  may  be  affected,  parties  defendant, 
and  the  court  may  proceed  therein  as  in  other  cases,  and 
make  such  order  or  decree  as  shall  be  according  to  equity 
and  the  purport  of  this  act.  A  certified  copy  of  sneh 
order  or  decree  shall  be  presented  to  the  registrar;  who 
shall  file  the  same  and  make  such  entry  thereof  as  by  this 
act  required. 

Effect  of  Registration. 

In  absence  of  fraud,  title  to  be  subject  only  to  noted  in- 
cumbrances; exceptions. 
8ec.  34.  The  registered  owner  of  any  estate  or  interest 
in  land  brought  under  this  act  shall,  except  in  c.is<  di 
fraud  to  which  he  is  a  party,  or  of  the  person  through 
whom  he  claims  without  valuable  consideration  paid  in 
good  faith,  hold  the  same  subject  only  to  such  estates, 
mortgages,  liens,  charges,  and  interests  as  may  be  noted 
in  the  last  certificate  of  title  in  the  registrar's  office,  and 
free  from  all  others,  except: 

1.  Any  subsisting  lease  or  agreement  for  a  lease  for  a 
period  not  exceeding  one  year,  where  there  is  actual  oc- 
cupation of  the  land  under  lease.  The  term  "lease"  shall 
include  a  verbal  letting. 

2.  All  public  highways  embraced  in  the  decription  of 
the  lands  included  in  the  certificate. 

3.  Any  subsisting  right  of  way  or  other  easement,  how- 
ever created,  upon,  over,  or  in  respect  of  the  land. 

4.  Any  tax  or  special  assessment  for  which  a  sale  of 
the  land  has  not  been  had  at  the  date  of  the  certificate  of 
title. 

5.  Such  right  of  action  or  claim  as  is  allowed  by  this 
act. 

6.  Liens,  claims,  or  rights  arising  under  the  laws  of  the 
United  States,  which  the  statutes  of  California  cannot 
require  to  appear  of  record  upon  the  register. 

No  adverse  possession  after  registration  possible. 

Sec.  35.  After  land  has  been  registered  no  title  thereto 
adverse  or  in  derogation  to  the  title  of  the  registered 
owner  shall  be  acquired  by  any  length  of  possession. 


Act  4115.  }S  36  40  TORRENS    L.V  KM.  "  UM 

l'r<  sumption    of  good    faith    in    B  r<  «1    land. 

S.  r.   Sfi.      K\  ■<  j.t    in    eat 
otherwise    provided,    n 

tercd    land,    or    anj  any 

efcarge    apon  thai] 

eitj    t..    ■■        - 

■  ir    the    ron-i.j.  r    which,    such 

d    <>t\  rif-r   was    r  ..r    be    afl 

a<tual    or    e.oiistn:  in. 

••i.-ifi-i.  oi  that     iny 

unr. 

shall  not  of   K 

;-l«.|    shrill    n«»t    lofti     rig 

'in. I,    tin-  I    shall 

all    right*    a  he    would    ha«.  • 

tli.'    land    irere    not    under    the  pro* 

■    ■ 

Registration    oi    t~  ■ 

■ 

w  hick   is   Corgi  •!.  ■  1   by   a    ; 

ability,  su'-h   • 

uf  his  claiming  title  thi 

tiuii. 

red    Interest    shall    prevail    againsl  fide 

B<  r. 
No    unregistered     i  right, 

claim,  eoatract,  or   trust    shall    ; 
a    ri  giat<  r>  d    nw  aer    taking 
Mill  ration,  or  oi  any  ; 
ni  m. 

in. 

denee   in   anil 

purr: 

uf   any   land     . 


1399  TORREN3    LAND    SYSTEM.  Act  4115,  §§  41-44 

this  act  against  a  person  who  may  have  contracted  to 
purchase  such  land,  not  having  notice  of  any  fraud  or  other 
circumstances  which,  according  to  the  provisions  of  this 
act,  would  affect  the  right  of  the  vendor,  the  certificate 
of  title  of  such  registered  owner  shall  be  held  in  every 
court  to  be  conclusive  evidence  that  such  registered  owner 
has  a  good  and  valid  title  to  the  land,  and  for  the  estate 
or  interest  therein  mentioned  or  deSCCibccL 

In  ejectment  or  partition  suits,  certificate  is  conclusive  evi- 
dence. 
Sec.  41.  In  any  action  or  proceeding  brought  for  eject- 
ment, partition,  or  possession  of  land,  the  certificate  of 
title  of  a  registered  owner  shall  be  held  in  every  court  to 
be  conclusive  evidence,  except  as  herein  otherwise  pro- 
vided, that  such  registered  owner  has  a  good  and  valid 
title  to  the  land,  and  for  the  estate  or  interest  therein  men- 
tioned or  described,  and  that  such  registered  owner  is 
entitled   to   the   possession   of   said   land. 

The  register  to  be  received  as  evidence. 

Sec.  42.  The  register  of  any  land,  and  duly  certified 
copies  thereof,  shall,  except  as  herein  otherwise  provided, 
be  received  in  law  and  in  equity  as  evidence  of  the  facts 
therein  stated,  and  as  conclusive  evidence  that  the  person 
named  therein  as  owner  is  entitled  to  the  land  for  the  es- 
tate or  interests  therein  specified. 

Memorial  to   be   noted   until   cancellation. 

Sec.  43.  Whenever  a  memorial  has  been  entered,  as 
permitted  by  this  act,  the  registrar  shall  carry  the  same 
forward  upon  all  certificates  of  title  until  the  same  is 
canceled  in  some  manner  authorized  by  this  act. 

Dealings  subsequent  to  first  registration  subject  to  act. 

Sec.  44.  All  dealings  with  land  or  an}-  estate  or  interest 
therein,  after  the  same  has  been  brought  under  this  act. 
and  all  liens,  incumbrances,  and  charges  upon  the  same 
subsequent  to  the  first  registration  thereof,  shall  be  deemed 
to  be  subject  to  the  terms  of  this  act,  and  to  such  amend- 
ments and  alterations  as  may  hereafter  be  made.  The 
bringing  of  land  under  this  act  shall  imply  an  agreement 
which  shall  run  with  the  land,  that  the  same  shall  be  sub- 
ject to  the  terms  and  provisions  of  the  act  and  of  amend- 
ments and  alterations  thereof. 


US.  ||  46-47  RENfl     LAND    SYSTEM.  1*M 

Piv«j  years'   Limitation   to  briaging  of  action  affecting  reg 

•I    la  ml;    i 

thai]   commence   any  action   at   law 

or    in    eqaity    for    the    recovery    of    land,    or    nss.  rt    any    in- 

luii   oi  demand    n|s>n    •  .   or   make 

entry    thereon    a. p.  the    title    or    interest    certified 

in   1 1  •  hC   land   umh  r  tinn 

w  itiiin  t:  Fter  the  first  registra- 

■  pi  ion    to    this    rul<-    that    the 

•inn    or    make    the    entry     i-i 

an    infant,    lunatic,    Of    IB    nndei  lolity,    hut    action 

may     bl      brouj  neon     by     !.  friend     or 

I ■■Han.      It    shall    l>c    the    dutj  'iian.    if    ' 

.■■  ard  w  hei 
.',  ard  'a    r 
provided,   however,   before   neb   action 

oiirt    that 
•     under    whom    he 

proce<  <li'  . 
:.  time  to  aj  I  He  his  objectioni  or  ;. 

his  <■:. 

:•■    DUTChi 

•ion    pro  n    the    last    preceding 

-hall     in  the     rights    of 

. 
tion    thort  »  aad    without   knowledge,   and   for  a 

•    of    five   j  &   by 

K  nt. 

■ 

whether 

iand    whic  d    at    the    time 

n  d,    and    apon  ir    for    which    no 

I     at  the     date     of     th« 

the   expiration   of 
•ration,  til.'  in   the  registrar'! 
.is   inter 
title.    ) i .  -  and    how    and    under    whom    .1.  r 

and    •  tei    and    nal  •'•!>    claim 

rl      ■    n 

lifter 
th.  r    at    any 

tim.  lid    first    r 

ii,    and    not  It    shall    be    the    duty    of    a 


1401  TORRENS    LAND    SYSTEM.  Act  4115.  §§  48    . 1 

life  tenant  or  trustee  to  file  such  claim  on  behalf  of  any 
remainderman  or  reversioner,  whether  the  remainder  or  re- 
version be  at  the  time  vested  or  contingent,  and  of  a  guar- 
dian to  file  such  claim  on  behalf  of  his  ward. 

Transfers. 
Title  passes  on  filing  of  deed   and  of  duplicate. 

Sec.  48.  A  registered  owner  of  land  desiring  to  trans- 
fer his  whole*  estate  or  interest  therein,  or  some  distinct 
part  or  parcel  thereof,  or  some  undivided  interest  therein, 
or  to  grant  out  of  his  estate  an  estate  for  life  or  for  a 
term  of  not  less  than  ten  years,  may  execute  to  the  in- 
tended transferee  a  deed  or  instrument  of  conveyance  in 
any  form  authorized  by  law  for  that  purpose.  And  upon 
filing  such  deed  or  other  instrument  in  the  registrar's 
office  and  surrending  to  the  registrar  the  duplicate  cer- 
tificate of  title,  the  transfer  shall  be  complete  and  the 
title  so  transferred  shall  vest  in  the  transferee;  thereupon, 
the  registrar  shall  issue  in  duplicate  and  register,  as  here- 
inbefore provided,  a  new  certificate,  certifying  the  title  to 
the  estate  or  interest  in  the  land  desired  to  be  conveyed 
to  be  in  the  transferee,  and  shall  note  upon  the  original 
and  duplicate  certificate  the  date  of  the  transfer,  the  name 
of  the  transferee,  and  the  volume  and  folium  in  which  the 
new  certificate  is  registered,  and  shall  stamp  across  the 
original  and  surrendered  duplicate  certificate  the  word 
"Canceled,"  in  whole  or  in  part,  as  the  case  may  be. 

New  certificate  to  issue  for  remainder,  if  but  a.  parcel 
be  transferred. 
Sec.  49.  When  only  a  part  of  the  land  described  in  n 
certificate  is  transferred,  or  some  estate  or  interest  in  the 
land  is  to  remain  in  the  transferrer,  a  new  certificate  shad 
be  issued  to  him  for  the  part,  estate,  or  interest  remaining 
in   him. 

Time  of  filing  to   be   noted   on  instrument. 

Sec.  50.  The  registrar  shall  mark  as  filed  every  deed, 
mortgage,  lease,  and  other  instrument  which  may  be  filed 
in  his  office,  in  the  order  of  its  receipt,  and  shall  nole 
thereon  at  the  date  of  filing  the  minute,  hour,  day,  and 
year  it  is  received.  When  the  date  of  filing  any  instrument 
is  required  to  be  entered  upon  the  register,  it  shall  be  the 
same   as    that   indorsed    upon    suc,h   instrument. 


T<'!:P.KNS     I.ANIi    SYSTKM.  )*  I 

fatten 

instrunu  •  rs    required 

d    in    the   offl  • 
'    kept    in    sneh    office,    ami 
•    by  a  subpoena  dueei 

•  i    up.m    t '  -  ir   by   a 

-    fee 

i,  a  copy 

-  ich   an   instruinrnt.  veirh  all   memoranda,   memo- 

.    duly    f,  rtifi<  'I    under    his 

if   shall,    hnwrvi  r. 
nil 

•■  '  -  :.y.  " 

Such  eon  ace. 

tilled 

■bail    !"• 

f   tbe  original,  and   as  .  \  i- 

M    tin-    original    in- 

s,    and 
■ 

d    in 
n  '    land    and    i  - 

th<  rein.        B  t   .>t'   the 

In     land    described    t  lur  -in.      But    .in 
dnly    eel 

ntially    ii 
"1  .1   in 

hand    an-1 

,  .  "  shall  be  sufficient 

rttfeate  i 

and   no- 

tn<  nta    pn 
• 
the  pen  i  aU  notices  retatii 

the    land    th.  r 

Tbe   addi  ...  .1    from    I 

filing  wit.. 


1403  TORUENS    LAND    SYSTEM.  Act  4115,  §§  A-ot 

Instrument  affecting  registered  land  to  be  but  a  contract 
until  registered. 
Sec.  55.  A  deed,  mortgage,  lease,  or  other  instrument 
purporting  to  convey,  transfer,  mortgage,  lease,  charge,  or 
otherwise  deal  with  registered  land,  or  any  estate  or  interest 
therein,  or  charge  upon  the  same,  other  than  a  will  or  a  lease 
not  exceeding  one  year  where  the  land  is  in  the  actual  pos- 
session of  the  lessee  or  his  assigns,  shall  take  effect  only  by 
way  of  contract  between  the  parties  thereto,  and  as  authority 
to  the  registrar  to  register  the  transfer,  mortgage,  lease, 
charge,  or  other  dealing  upon  compliance  with  the  terms  of 
this  act.  On  the  filing  of  such  instrument,  the  land,  estate, 
interest,  or  charge  shall  become  transferred,  mortgaged, 
leased,  charged,  or  dealt  with  according  to  the  purport  and 
terms  of  the  deed,  mortgage,  lease,  or  other  instrument.  The 
registrar  shall  immediately,  upon  the  filing  of  such  instru- 
ment, stamp  or  write  upon  the  original  and  duplicate  certi- 
ficates of  title  the  word  "Transferred,"  "Mortgaged," 
' '  Leased, ' '  or  otherwise,  as  the  case  may  require,  with  the 
date  of  filing  such  instrument. 

Certificate  before  retransfer,  etc.,  must  show  freedom  from 
tax  sale  and  homestead. 
Sec.  56.  No  transfer  of  title  to  land,  or  any  estate  or 
interest  therein,  or  mortgage,  shall  be  registered,  if  the 
last  original  certificate  shows  that  the  land  has  been  sold 
for  any  tax  or  assessment  upon  which  a  deed  has  been 
given,  and  that  the  title  is  outstanding,  or  upon  which  a 
deed  may  thereafter  be  given,  or  if  said  certificate  shows 
that  the  estate  of  homestead,  if  any,  has  not  been  released 
or  extinguished,  unless  the  transfer  or  mortgage  is  intended 
to  be  subject  to  such  tax  sale  or  homestead  estate,  in  which 
case  it  shall  be  so  stated  in  the  certificate  of  title. 

Certificate  to  state  marriage  or  representative  capacity,  if 
any. 
Sec.  57.  Every  certificate  of  title  to  land  shall  state 
whether  the  transferee  (except  when  the  latter  is  a  corpo- 
ration, executor,  administrator,  or  assignee),  is  married  or 
not  married,  and  if  married,  the  name  of  the  husband  or 
wife.  If  the  transferee  be  an  executor  or  administrator, 
the  certificate  shall  give  the  name  of  the  deceased  testator 
or  intestate,  and  if  the  transferee  be  an  assignee,  the  name 
of  the  insolvent.     The  transferee  shall  furnish  the  registrar 


Act  4115.   5  5  '*r» 

tlic  i  ■  ■  titled  to  have 

the  land  transf<  rn  <1  to  him  on  tin 

M  nd  Other  < 

Incumbram  •!   land  must  be   i 

mtract  to  thi  r 

instrument  intended  to  lien,  incui 

upon  I  I  in. I.  or  any  Inter*  st  tin  rein,  shall  1><-  .|<  .  med 

tn  1-  _  \g  h<  reina 

;.  •!. 

[ncumbrance  cri  :t  t  •  .1  on  filing  of  char  • 

'  >n    the    filing  nt    intrnd<  d    to 

in  the  r  .  and  the  produc- 

tion of  the  duplii  '.    it   appea 

;  hat  tin'  person  int<  od- 
is  the  title  and  ri^ht   to  ci 

is 
• 
t       li;iv.     tin  >tr:ir    shall    mt.r    upon 

r,  and  also  upon  the  dupli- 

memorial  •  •'   the  purport   thereof,  and  the 

ling  tin-  instrument,  with  a  r  thereto,  by  its 

file  number,  which  shall  1"   signed  bj  itrar. 

-i  rar  shall  thi       iti     sent  on  file  the 

vohiim     ami    folium    oi    tin  uh.ru    the    memorial    ia 

ii    :i   morl 
be  deen  to  the  same 

nil  i 

It  land  be  in  duplicate  or  more   p 

in-  filed 

:.    any    rn  .    or   other    it— trnmmt 

iting    or    .i  I    land    or 

an\  Q,    is    in    duplicate,    trip 

mor(  Sled  and  ki  pi  in 

tin  ir   shall    note    upon    the 

•i  r  whether  I  -  in  duplicate,  trip]  -  tin1 

j    I 

I  >up 
.    '     or    as    tin  Upon     the    E 


1405  TORREN3    LAND    SYSTEM.  Act  4115,   §5    12*61 

the  date  of  filing  and  the  volume  and  folium  of  the  register 
where  the  memorial  is  entered,  and  deliver  them  to  the  par- 
ties entitled  thereto. 

Certified  copies  identified  as  such  may  be  issued. 

Sec.  62.  When  an  instrument  is  not  executed  in  a  suffi- 
cient number  of  parts  for  the  convenience  of  the  parties, 
the  registrar  may  make  and  deliver  to  each  of  the  parties 
entitled  thereto  certified  copies  of  the  instrument  filed  in 
his  office,  with  the  indorsements  thereon,  marking  the  same 
"Mortgagee's  Certified  Copy, "  "Lessor's  Certified  Copy," 
or  as  the  case  may  be,  and  shall  note  upon  the  register  the 
fact  of  issuing  such  copies.  Such  certified  copies  shall  have 
the  same  force  and  effect  and  be  treated  as  duplicates. 

Assignment  of  charge  by  filing  and  noting  of  same  by 
memorial. 
Sec.  63.  The  holder  of  any  charge  upon  registered 
land,  desiring  to  transfer  the  same  or  any  part  thereof, 
may  execute  an  assignment  of  the  whole  or  an}'  part 
thereof.  The  assignment  of  a  part  only  must  state  whether 
the  part  transferred  is  to  be  given  priority,  to  be  deferreel, 
or  to  rank  equally,  with  the  remaining  part.  Upon  such 
assignment  being  filed  in  the  office  of  the  registrar  and 
the  production  of  the  duplicate  or  certified  copy  of  the 
instrument  creating  the  charge  held  by  the  assignor,  the 
registrar  shall  enter  in  the  register  opposite  the  charge, 
a  memorial  of  such  transfer,  and  how  it  ranks,  with  a 
reference  to  the  assignment  by  its  file  number;  he  shall 
also  note  upon  the  instrument  on  file  in  his  office  intended 
to  be  transferreel,  and  upon  the  duplicate  or  certified  copy 
thereof  produced,  the  volume  and  folium  where  the  me- 
morial is  entered,  with  the  date  of  the  entry.  The  trans- 
feree shall  be  entitle  el  to  have  a  certified  copy  of  the 
instrument  of  transfer,  with  the  indorsement  thereon, 
and  in  case  of  the  transfer  of  the  entire  charge,  the 
duplicate  or  certified  copy  of  the  instrument  creating  the 
charge. 

Release  of  part  or  whole  of  charge  to  be  noted  as  an 
assignment. 
Sec.  64.  a  release,  discharge,  or  surrender  of  a  charge, 
or  any  part  thereof,  or  of  any  part  of  the  land  charged, 
may  be  effected  in  the  same  way  as  above  provided  in 
the  case  of  a  transfer.     In  case   only  a  part  of  the  charge 


TORRENS   LAND    BTSTKH. 

'"  the  lai  l.  dieeharged,  or 

•try   shall    1"     •  rdingly;    but    win  n 

tin    win.!.  irrendered  at  tin'  tame 

ir   shall   Stamp  -•   instru- 

ment   mi   file,  ami   the   memorial   thereof,  ;m « t   thr  duplicate 

.1. ' ' 

s    herein 

provide  ■!.  li*  pendent    must 

.  '.i  «1  with  registrar. 

■  1   land,  or  any  .  state 
or    interest    in    tin  d    :i*    now    <>r    i 

l.y    law.    and    til    laws    with    r>  t'i  n  n    • 

i     BSOrtgagl  s    shall 

ap|.i  registered    land,    or    •" 

or  herein    otherwise    provided, 

and  exci  pt  that  ui 

,    in   thr    registrar's 

rial   th.  r  •  <\  on   th<  r,   the 

Tar, 

ing  with  th.-  land  ;i  ""• 

Attorn-  ys  in 

to    deal    wit                 red    land  must    D< 

•  r. 

any     ]•■  -                   D       rmiv.  .     or 

.1    with    i                        land,    ><r  r    in- 

• '..  r,  tin'    ■!•  "1 

or                                                         him     so     tn  t"      Bled 

with    ti'                      and    a    memorial    t  hi  n  '1    apon 

thr     original      ami      iln;  I  •      tin-      att 

shall  s.i   desire,   the    registrar  "hall   deliver   t<>   him   .1   • 

.   with   the   ind 
then  power  may  ho  registered   in  iik«' 

man m  r. 

Trusts,    Conditions,   and    Li' 

•at  any  of  tin    particulars. 

Win  in  \.  r    a    .I.  '  '1    i>r    •  -    Bled 

in  t     :l 


in     th.'     r  '     enecwng    a 

i,  or  any  1 
;,,    ami    1  from    BUCh    i! 

1 1 1 : 1 1     '  be    in    trust,    or    U] 

1     in   the   certificate,   ami   the   duplicate   th< 


1407  TORKEXS    LAND    SYSTEM.  Aet  4115,  §S  37-71 

memorial,  the   words  "in   trust,"   or   "upon   condition,"  or 

•with  limitations,"  as   the  i  be,   but  no  entry  shall 

be  made  of  the  particulars  of  any  such  trust,  conditions,  or 
limitations. 

Every  trustee  with  express  authority,  shall  have  power  of 
sale. 
Sec.  6S.  The  trustee  or  transferee  in  any  such  instru- 
ment named,  if  the  instrument  contains  the  words  "witu 
power  of  sale,"  shall  have  power  to  deal  with  the  land 
as  the  owner  thereof;  and  a  bona  fide  purchaser,  mort- 
gagee, or  lessee  is  not  bound  to  inquire  into  or  determine 
whether  or  not  the  arts  of  such  trustees  are  in  accordance 
with  the  terms  and  conditions  of  the  trust.  When  such 
power  is  conferred,  the  registrar  shall  note  upon  the  cer- 
tificate and  duplicate  thereof  the  words  "with  power  of 
sale. ' ' 

No  trustee,  with  limitation,  shall  sell  without  order  of 
court  to  sell. 
Sec.  69.  If,  however,  such  instrument  does  not  contain 
the  words  "with  power  of  sale,"  such  trustee  shall  have 
no  power  to  sell  or  otherwise  deal  with  the  land  without 
an  order  of  court  so  to  do,  duly  given  and  made,  a  certified 
copy  of  which  said  order  shall  be  tiled  with  the  registrar, 
and  a  memorial  thereof  entered  upon  the  certificate  of 
title,  which  shall  be  conclusive  evidence  as  against  all  per- 
sons that  the  authority  of  such  trustee  was  duly  executed 
in  accordance  with  the  true  intent  and  meaning  of  the  trust, 
condition,  or  limitation. 

Trustee  under  will  shall  have  power  to  sell  unless  it  be 
withheld. 
Sec.  70.  A  trustee  under  any  will  admitted  to  probate, 
unless  such  power  shall  have  been  expressly  withheld  by 
the  terms  of  such  will,  shall  have  power  to  deal  with  any 
registered  land  held  by  him  in  trust  as  fully  in  every  re- 
spect   as   if   such   lands   belonged    to   him   individually. 

Estates   in   Probate,   in   Insolvency,   and   in   Equity   Proceed- 
ings. 

Existing  statutes  governing'  probate,  insolvency,  and  equity 

proceedings,  not  affected. 

Sec.    71.     The    distribution,    transfer,    leasing,   mortgaging, 

or  other  change  in  the  status  of  the  title  of  registered   land 

that   is   within   the   jurisdiction   of   any    court   by   reason   of 


TORRENfi    LAND    SYSTEM.  1408 

the  ■'.   insolvency,  or  equity  proceedings, 

shall  be  made  under  the  Bame  condition!  and  limitations 
as  dow   of  hereafter  provided   by   tin    law  of  this  state, 

of   distribution,   etc.,  to  contain   di- 
reetion  to  n  iri <t  rar. 

72.  The  court  in  its  order  or  decree  making  such 
distribution,  transfer;  leasing;  mortgaging,  or  other  change 
in  the  status  of  the  title  of  ed  land,  shall  direct  the 

i  certificate  of  title,  or  to  note  a  memorial 
of    '  ■ri.ni,    as    the    ease    may    require,    in    accordance 

with  such  ordi  r  <>r  dean 

ified   copy   of  order,  decree,   deed,   and   confirmation   to 
1"    Bled  with  registrar. 

7::.     The   executor,   administrator',   assignee)   receiver; 

or  other  ji>t  -..ii  acting  under  the  direction  of  said  court, 
shall  file  with  the  registrar  a  certified  copy  of  such  order 
or  decree,   also   the   deed,   lease,  mortgage,  or  other  insTu- 

"i«  Ql  wit li    such    order    or    di 

and    also   a    certified    copy   of   the  order  or  decree   confirming 

such    sale,    has.,    mortgl  the*    transaction,   when   such 

confirmation   is  required  by   law. 

Order   of    court    necessary    for   sale   of    land    of    insolvent    and 
prol  confirmation    and    issuance    of    certifi- 

dministrators,  and  assignees  in  in- 
solvency shall  h:r  of  Bale  of  lands  registered 
in  their  i                  such,  without  an  order  of  court   obtained 

for    that     purj .      1;.  tore    any    certificate    can    be    issued    to 

the  purchaser,  Buch  Bales  shall  be  reported  for  confirma- 
tion to  the  c.oirt  und.r  whose  authority  such  executor, 
administrator,    or  a    ting,    and     if    confirmed,    a 

duly   certified    copy    of    the    or.hr'  of   confirmation    shall    it" 
filed    in   the   office  of  the   registrar,  and   a   memorial    thei 
enter,  d     upon     the    certificate    of    title.      Upon     the    filing    of 

the  certified  copy  o4  mch  order  of  confirmation  and  the 
entry  of  Buch  memorial,  the  registrar  shall  issue  a  certi- 
ficate   to    the    purchaser   at    such    sale,    which   certificate,    in 

addition  to  the  usual  contents  thereof,  shall  refer  to  the 
sdd  order  of  confirmation.  Such  order  of  confirmation  shall 
be    conclusive   evidence   that    the   sale   was  in   all  -    con- 

ducted iii  accordance  with  law,  and  the  purchaser  shall  not 
be  bound  to  inquire  into  the  regularity  of  the  proceeding, 
or  power  of  the  executor  or  administrator  to  make  sucti 
sale. 


1409  TORRENS    LAND    SYSTEM.  Act  4115,  Jj  §  IS  7S 

Power  of  sale  of  executor  to  be  noted. 

Sec.  75.  If  a  testator,  by  bis  will,  has  provided  that 
the  executor  thereof  shall  have  a  power  of  sale  of  real 
estate,  the  court  shall  direct  the  registrar  to  register  the 
words  ' '  with  power  of  sale, ' '  in  respect  of  the  land  of 
the  deceased,  and  such  executor  shall  have  power  to  sell 
such  land  without  an  order  of  court  so  to  do,  but  such 
sales  must  be  confirmed  by  the  court  in  the  manner  now 
or  hereafter  provided  by  the  law  of  this  state,  and  a  duly 
certified  copy  of  the  order  of  such  confirmation  shall  be 
filed  with  the  registrar  before  any  certificate  of  title  can  be 
issued  to  the  purchaser  of  such  land. 

Registrar  to  issue -certificate  or  note  memorial;  such  to  be 
conclusive. 
Sec.  76.  Thereupon  the  registrar  shall  issue  the  certifi- 
cate of  title,  or  note  the  memorial,  as  the  case  may  require; 
and  such  certificate  of  title  or  memorial  noted  shall  be 
conclusive  evidence  in  favor  of  all  persons  thereafter  deal- 
ing with  said  land. 

Tax  Sales. 
Notice  of  purchase  to  be  filed  and  mailed. 

Sec.  77.  A  purchaser  of  registered  land  sold  for  any 
tax  or  assessment,  shall,  within  one  day  after  such  pur- 
chase, file  in  the  office  of  the  registrar  a  written  notice 
of  such  purchase.  And  thereupon  the  registrar  shall  enter 
a  memorial  thereof  upon  the  certificate  of  title,  and  shall 
mail  to  each  person  named  in  the  certificate,  or  in  the 
memorials  thereon,  a  copy  of  said  notice,  a  sufficient  num- 
ber of  said  copies  to  be  furnished  to  the  registrar  by  said 
purchaser  at  the  time  of  filing  said  notice.  In  case  the 
state  or  a  municipal  corporation  becomes  the  purchaser  of 
land  sold  for  any  tax  or  assessment,  the  tax  collector  shall, 
within  one  day  thereafter,  file  with  the  registrar  a  notice 
to  that  effect.  And  thereupon  the  registrar  shall  enter  a 
memorial  thereof  upon  the  register,  aud  shall  mail  notices 
to  interested  parties,  as  in  the  case  of  an  individual  pur- 
chaser. Unless  such  notice  is  given  as  herein  provided,  the 
land  shall  be  forever  released  from  the  effect  of  such  sale, 
and  no   deed   shall   be   issued   in   pursuance   thereof. 

Tax  deed  already  issued  must  be  registered. 

Sec.   78.     A  tax  deed  of  registered  laud,  or  of  any  estate 

or    interest    therein,    issued    in    pursuance    of    any  .  sale    for 

a    tax   or   assessment   made    after   the    taking   effect   of   this 

act,   may  be   presented  by   the   holder   thereof   to   the   regis- 

Gen.  Laws — 89 


,.  §5  79-82  TC'..  .-  .    .M.  1410 

r    upon    the    register    a    Dae- 
mon '  DM   shall 

.   •     inly   the   •  U'  ct 
•  r  of  the   title,  and   b< 

land     'to- 
thei      '    must    fil »    with   the 

'■•r    a     .It  it-  i." 
i    land    to    1"     vi  stt  il    in    him. 

-  ;.i  sail]  application, 
upon  thi  i    '"  be 

• 

I    M 

'i    claiming   an    in- 

;.'  aring    of    rack    appH- 

ihould 

•    that    Dligl  ' 

I-      r.  i|uir.  ii 

to 
.    with. 

l  >i  cr<  •    -':■. ili    b  |  0    of   title. 

beard   by  the  court, 

•    th' 

I 

iditiona  ol 

■ 

:    of   r.  i.'i-  '• 

any    municipal 

..nt   mad 

t    tn,     lam 
new  < 

ir  by  mail  and  publication. 

ig  in  th. 

i    ■ 
in    an    a* 


1411  TORRENS    LAND    SYSTEM.  Act  4115,  §§  33-S5 

title.  If  such  personal  service  bo  made  by  a  sheriff  or 
constable,  his  certificate,  and  if  by  any  other  person,  his 
affidavit,  shall  bo  sufficient  proof  thereof.  In  case  the 
place  of  residence  of  any  person  is  not  known  to  the 
registrar  or  the  holdei  of  such  deed,  notice  shall  be  given 
by  publication  in  a  newspaper  of  general  circulation  in 
the  county  in  which  the  land  is  situated,  at  bast  once  a 
week  for  four  consecutive  weeks.  Proof  of  such  publica- 
tion must  be  made  in  the  manner  now  or  hereafter  re- 
quired by  the  laws  of  this  state. 

On   redemption,   memorial   to   be   canceled. 

Si  c.  S3.  Upon  presentation  to  him  of  a  certificate  of 
redemption  from  any  tax  sale,  the  registrar  shall  cancel 
the  memorial  of  said  sale  upon  the  certificate  of  title. 

Partition    and    Judicial    Sales. 

All   parties   noted   on   register   must   be   parties. 

See.  84.  In  proceedings  for  partition  of  registered 
land,  proof  must  be  made  that  all  persons,  shown  by 
the  register  of  title  to  be  interested  in  the  land,  have 
been  made  parties  to  such  proceeding. 

Decree    must   be   filed    before   certificate    issued. 

Sec.  85.  On  confirmation  of  the  report  of  the  commis- 
sioners setting  off  registered  lands  in  proceedings  for 
partition,  it  shall  be  the  duty  of  the  parties  to  whom  the 
lands  are  allotted,  to  cause  a  certified  copy  of  the  judg- 
ment of  decree  to  be  filed  with  the  registrar.  Thereupon 
the  registrar  shah  transfer  the  same  upon  the  register,  an  I 
issue  certificates  of  title  to  the  persons  entitled  thereto,  as 
shown  by   said   decree. 

When   sale   ordered,   purchaser   must   file   copy   of   decree. 

Sec.  86.  Whenever,  in  proceedings  for  partition  of  reg- 
istered land,  the  court  shall  order  a  sale  of  such  land, 
and  the  same  is  sold  under  such  order,  the  purchaser 
shall  file  with  the  registrar  a  certified  copy  of  the  order 
confirming  said  sale,  together  with  certificate  of  the  officer 
holding  the  writ,  that  the  terms  of  the  sale  have  been 
complied  with.  Thereupon,  the  registrar  shall  transfer  said 
land  upon  the  register,  and  issue  a  certificate  of  title  to 
the    purchaser,    therefor. 


\.-t   111'..  5§  88*90  TOl  liia 

When    in  undivided    share,   lieu    attaches,  only   to 

lands   s.  t    o(T   to   mortg 

ny    mort- 

ted   any   other  lien   or   interest   upon    hi*   as 

<li\  i.l.  ii     inter.  .  rail  v    iu 

proceedings    for    partition,    such    mortgage,    lien,    or    other 
interest   shall   attaefa  only  to  Wie  la  I    off,  and   the 

r<  gifltrar  shall   not*  ■    of   title, 

and   a   at  •  and   shall   indorse   a    memo- 

randum of  the  partition  upon  the  instrument  creating  such 
lien,    mortgage,    or   other    i'  I    the    same    )"■    on    file 

in    his  office,   before    a    new    certificate   of    title    shall    be    is- 
su(  (1    then 

Pure  indicia]  sale  must  file  ■-■  riiti.-.i  copy  of  order 

:1>'. 

s. ,-.   B8.     Whenev<  r   n  giati  r. .  1 
isfy   any    judgment,    decree,   or    ord<  rt.   the    pur- 

chaser  -nail    file   with    the   registrar   n    duly   certified 

r  of  the  orWi  r  confirming  such  sale, 

u  I,,  :  BOUrt,     and 

also   tii.  ■  r.   that    the   terms 

i,     have  U»d    tin  r<  upon    tin     i 

tiar  shall  transfer  the  land  to  him,  and  issue  a  n< 
ieate  <>f  title  then  I  rchaser. 

Lis  Pendens;   Notice  of    \.-tion. 

r.  (1  land  must  be  til.  .1  with  i 

t,    bill,   or   pro.  .  i  .Ii                         ..r  in    equity 

for    any    purposi     whatever,    all                        tered  land,    or 

nnv                       interest    therein,    or   any  upon    the 

same,  shall   be   deemed   to   !>■■   lis   | lene  or   notioe   to   any 

person  dealing  with   the  same  until   •                  the  pend 

lueh    suit,    bill,    or    proceeding   shall    1><     filed  with    the 

registrar    and    a    memorial    tbei                    >l    by  him    upon 
the  ! 

provi.U  .1,    however,    this  shall    not    ap 

m.nt  proceedings  when  the  officer  mi  shall  file 
-  h.  r.  inat  ter  providi  d, 

When    suit,   etc.,   dism 

filed    with    registrar. 
When  any  suit,  bill,  or  proceeding  ml 
n  il    lands    has    In  i  i.  I    or    ot  hi  I    of, 

any    judgm<  nt,    decree,    oj    oi 


1413  TORRENS    LAND    SYSTEM.  Act  4115,  §§  91-93 

leased,  reversed,  or  modified,  or  any  levy  of  execution,  at- 
tachment, or  other  process  has  been  released,  discharged, 
or  otherwise  disposed  of,  it  shall  be  the  duty  of  the  sheriff, 
or  the  clerk  of  the  court  in  which  such  proceedings  were 
pending,  or  had,  as  the  case  may  be,  forthwith,  under  his 
hand,  and,  if  the  clerk,  under  the  seal  of  the  court,  to 
certify  to  and  file  with  the  registrar,  an  instrument  show- 
ing such  discharge  or  release.  Upon  the  same  being  filed, 
the  registrar  shall  enter  a  memorial  of  such  discharge  on 
the  register.  The  costs  of  such  certificate  and  memorial 
shall  be  taxed  as  other  costs  in  the  case. 

Liens,    Executions,     Attachments,     etc. 

Certified  copy  of  judgment  or  decree  must  be  filed. 

Sec.  91.  No  judgment,  or  decree,  or  order  of  any  court 
shall  be  a  lien  on  or  in  anywise  affect  registered  land, 
or  any  estate  or  interest  therein,  until  a  certified  copy  of 
such  judgment,  decree,  or  order,  under  the  hand  and  official 
seal  of  the  clerk  of  the  court  in  which  the  same  is  of  rec- 
ord, is  filed  in  the  office  of  the  registrar,  and  a  memorial 
of  the  same  is  entered  upon  the  register  of  the  last  certif- 
icate of  the  title  to  be  affected. 

Certificate    of    levy    of    attachment,    or    execution,    must    be 
filed. 

Sec.  92.  Whenever  registered  land  is  levied  upon  by 
virtue  of  any  writ  of  attachment,  execution,  or  other 
process,  it  shall  be  the  duty  of  the  officer  making  such 
levy  forthwith  to  file  with  the  registrar  a  certificate  of 
the  fact  of  such  levy,  a  memorial  of  which  shall  be  entered 
upon  the  register;  and  no  lien  shall  arise  by  reason  of 
such  levy  until  the  filing  of  such  certificate  and  the  entry 
in  the  register  of  such  memorial,  any  notice  thereof,  actual 
or  constructive,   to   the   contrary   notwithstanding. 

Notice    of   mechanics'    liens    must    be    filed. 

Sec.  93.  Notice  of  liens  under  the  provisions  of  the 
mechanics'  lien  laws  of  this  state  shall  be  filed  in  the  regis- 
trar's office,  and  a  memorial  thereof  entered  by  him  upon 
the  register,  as  in  the  case  of  other  charges,  and  such  liens 
may  be  enforced  as  now  or  hereafter  allowed  by  law.  Un- 
til such  notice  is  so  filed  and  registered,  no  lien  shall  be 
deemed   to   have   been   created. 


TO  M  411 

nta, 

•  rk. 

•  '.'i.  or  county,  .in  ordinance, 

lay  out,  establish, 
-  •  ruct  <>r  r< 
•\ alk,  <lr  r,  or  to   make   an] 

pub]  rk.  the  whole  or  ■  por- 

-  may  be  made  o 

r   any   land   Included   in 

>>n    then    |  I    by 

ment,    the 

-  ilution,  or  or- 

•  ach  ordi- 

i   lKi- 

■ 

-■  •      .1   i'f  such   or- 

rd,  and 
■ 
r<  qnir<  '1  by  law  to  eol- 
shall,   within    Bye   days 
I   th<  reupo 
Buch   memorial. 

•  "f  lion  •'  •   performed  for 

with   law. 

ill  be   dfpmcil  to 
after  s  memoria]  tl 
d   providi  •!.  i  rc(  pt 

providi  <1  in  '  re  of  the  state  of  Cali- 

hundred    and 

Court   m:r  of  suit   01 

•  rk  of  the  court  in  which 
_r.  <>r  any 
i  lint  such  suit,  bill,  or  pro- 
if,   01    the 
rder   has   be<  n   sat  isfied,   r<  I 
■  l,  or  overruled,  or  of  any  Bheriff  or  other  officer 
t  in-  levy  other  pn 

titi.  .1   by   him    has  I,   dischargi  d,   or 

diepi  ind    noted 

upon  t  hi  nt  to  authorize 


1415  TORRE XS   LAND   SYSTEM.  Act  4115,  §§  37-!OJ 

to  cancel  or  otherwise  treat  the  memorial  of  such  suit,  bill, 
proceeding,  judgment,  decree,  or  levy,  according  to  the  pur- 
port of  such  certificate. 

Corrections  of  Errors  in   Certificate. 

No  correction  of  register  without  order  of  court. 

Sec.  97.  After  a  title  has  been  registered  and  a  certificate 
issued   therefor,   or   after   a    memorandum,    not;  me- 

morial has  been  made  on  the  register  of  title  and  has  b<  en 
attested,  no  correction,  alteration,  or  erasure  shall  be  made 
therein  or  thereof,  except  in  the  manner  herein  provided. 

Begistrar  may  apply  to  court  for  correction  of  Errors  or  mis- 
takes  in   certificate. 

Sec.  98.  Whenever  it  appears  to  the  registrar  that  there 
is  an  error  or  omission  in  any  certificate  or  memorial,  or 
that  any  certificate  or  memorial  has  been  made,  entered, 
indorsed,  issued,  or  canceled  by  mistake,  he  may  apply  to 
the  court  for  an  order  summoning  all  persons  registered  as 
interested  in  the  lands  to  which  such  certificate  or  memo- 
rial relates,  to  appear  at  an  appointed  time  and  place  and 
produce  their  duplicate  certificates  and  show  cause  why  such 
omission  or  mistake  should  not  be  corrected,  and  shall  there- 
upon enter  a  memorial  of  such  application  on  the  register. 

If  all  parties  consent,  court  may  order  correction  of  errors  or 
mistakes. 

Sec.  99.  If  at  the  time  and  place  appointed  all  such  per- 
sons appear  and  consent,  the  court  may  order  and  direct  the 
registrar  to  correct  any  such  error,  omission,  or  mistake  on 
the  register  and  on  any  duplicate  certificate,  and  may  direct 
the  cancellation  of  any  certificate  or  memorial  entered  by 
mistake. 

If  all  parties  do  not  consent,   court  may  hear   testimony   as 
to   alleged   error   or   mistake. 

Sec.  100.  If  such  persons,  or  any  of  them,  fail  to  appear, 
or  do  not  consent,  the  court  may  proceed  to  hear  testimony 
as  to  such  alleged  error,  omission,  or  mistake,  and  if  it  ap- 
pear to  the  satisfaction  of  the  court  that  an  error,  omission, 
or  mistake  has  been  made,  he  shall  order  and  direr-t  the 
registrar  to  correct  the  same  and  to  cancel  or  modify  such 
certificates  or  memorials  as  may  be  necessary  to  correct  such 


Act  Hi:,.   S{  101.  102  TOURENS    I. AND     FYSTEM.  Ml< 

orror    or    mistake.     When    such    <  rror    or    mistake    has    born 

■  .1  by  tli«   fault  it  neglect  of  the  registrar,  tin    i 
sncli  proceedings  sh  til  be  paid  by  tin    Btate;  il  by  tin   fault 
.it'  any  i  d  in  Bach  land,  by  such 

person.     A    certified    copy   of   tin'   order   of   sourt,   directing 

take  in   resp<  ct 
to  any  eertifloatt  «>r  memorial  shrill  be  fil<  <1  in  I  itrar'a 

• 

E  iin. 

Bight  of  eminent  d 

d    to    in 

any  v.  ■    modify  tl  emi- 

nent domain,     wi  it  or  j ir. ■ 

king  of  n 

land,   or   any    in1  tin'    validity 

of  d  !   be   the 

of  both  parties  to  tin    : 
copy   of  the  judgment  lury   filed   ami 

a   memorial   thereot  upon    ti'  r;    but    in    tin 

■  if  the  assessment  "t   uamaj  rial  -hall 

1..    ,  lit.  ri  d   by   the  regis! 

paid,  in   which   event    the   r  pay- 

ment of  such  damages;   provided,  however,  that   tli 

With     the     trt  -  i  'h     dan. 

■hall   In'  deemed   a   payment   thereof,  ami   in   -  tin' 

treasurer  shall   forthwith  fill'  with  thi  ficate 

nf  such  deposit                      ipon  a  memorial  thereof  shall  be 

red   upon   thr                            -I   the  filing  of  the  certified 

COpy   "f   tin    or.!,  r  • 

damagi  s,   thi  of   title 

of  i  we  lands  I  crip- 

tion    of    tin-    !.  riated,    and    shall    n^istir    in    the 

name  of  tin-  :  •  I  ody  «  ntil 

he  title  of  the  land  taken,  and   i 
fur. 

Imi 

Property    ind  bi    k<  pt. 

L02.     'l'i  •  ir  shall   keep  property   indi< 

pages    of     which     shall     In     divided     into 
tir-: .   t  In    Bection  i 

third,    th  :    fourth,    any    further    d 

fj     tin     land;    fifth,    tin     na:. 


1417  TORRENS   LAND    SYSTEM.  Act  ixxo,  §§  103-105 

istered  owner;   sixth,  the  volume;   and   seventh,  the  page  of 
the   register   in   which   the   lands   are   registered. 

Name  indices  to  be  kept. 

Sec.  103.  He  shall  also  keep  name  indices,  the  pages 
of  which  shall  be  divided  into  columns,  showing  in  alpha- 
betical order,  first,  the  names  of  all  registered  owners  and 
all  other  persons  interested  in  or  holding  charges  upon  reg- 
istered land;  second,  the  nature  of  the  interest;  third,  a  brief 
description  of  the  land;  fourth,  the  volume;  and  fifth,  the 
page  of  the  register  in  which   the  lands  are  registered. 

Miscellaneous   Provisions. 
Eegistered  lands  may  be  partitioned. 

Sec.  104.  An  owner  of  an  undivided  interest  in  regis- 
tered lands  may  bring  an  action  for  the  partition  thereof. 
A  notice  of  such  action  shall,  at  the  time  of  the  commence- 
ment thereof,  be  filed  with  the  registrar  and  a  memorial 
entered  by  him  upon  the  register.  A  certified  copy  of  any 
judgment  or  decree  rendered  in  pursuance  of  such  action 
shall  be  filed  with  the  registrar,  who  shall  thereupon  issue 
new  certificates  in  accordance  therewith. 

Registration  of  adverse  lien  not  conclusive  of  regularity  of 
proceedings  or  instruments  by  which  created. 
Sec.  105.  "Whenever,  under  the  provisions  of  this  act, 
any  interest  in,  or  lien,  incumbrance,  or  charge  upon  regis- 
tered land,  arises  adversely  to  t he  registered  owner  with- 
out voluntary  action  by  him,  and  not  in  pursuance  of  a 
judgment  or  decree  of  court,  such  registration  shall  not  be 
conclusive  of  the  regularity  of  any  proceedings  or  instru- 
ments by  means  of  which  such  interest,  lien,  incumbrance,  or 
charge  arose,  or  the  validity  of  the  same,  and  shall  have 
no  greater  force  and  effect  than  would  the  recording,  in  case 
the  land  were  not  registered,  of  an  instrument  creating  a 
similar  interest,  lien,  incumbrance,  or  charge. 

In  case  of  fraud,  rights  and  remedies  the  same  as  if  land 
not  under  this  act. 
Sec.  106.  In  the  case  of  fraud,  any  person  defrauded 
shall  have  all  rights  and  remedies  that  he  would  have 
had  if  the  lands  were  not  under  the  provisions  of  this  act; 
provided,  that  nothing  contained  in  this  section  shall  affect 
the  title  of  a  registered  owner  who  has  taken  bona  fide  for 


Act  Hi:..  5$  107-111         TORHKNS   LAMB   BYff 

a  valuable  coi  tion,  or  of  any  pi  rson  bona  fide  cli 

iDg  through  or  aader  him. 

Clerk  of  court  Bhall   notify  r.  _'■  -t  r.-i r  of  appeal 

ii>7.     In  casi    of  an  appeal  from  any  proceeding  un- 

thii  act,  <>r  i  rum  any  judgment,  order,  or  decrei    affeet- 

I    Ian. Is,    the    i'Ii  rk    oi    tin     oourl    in    which    the 

shall    forthwith    not 

trar   thereof,   and   then  shall   enter  upon 

the  mi  mori  i  i  appeal 

All  fees  trar  to  bi    paid  to  com 

nrcr  and  applied   to   expenses  of  administration  of  this 
act. 

•  i  .1    by    I  •  rar     undi  r 

the  provisions  of  this  act  shall  be  accoui    ••!  for,  paid,  dis- 
bursed, and   disposed  oi    by   him   in   the   same   manner  that 
by   aim  •■   boh   or  may 

Ik  reafter  oted    for,    pa  irsed    an  i 

.   of.     Should    then    b<  in   any  year,  such 

arrii  il  into  thi  i  be  sub- 

appropriation    f'>r   any    purrx 

■  amounl  to  thi  i  f<>r  the  administration 

of  this  act,  the  d<  '  from  any  funds  hi 

•  in  r«  I-.-   appropria 

rd    oi    BU]  -hall    furnish   registrar   all    accec 

books,  • 

109.     All  Bnks,  papers,  and  all  ti 

sary  fur  the   purpo  rrying  out   the  provisions  of  this 

act,  shaB  be  furnished  by  the  board  of  s  re,  at   the 

f  the  county. 

The    attorney-general,    state     controller,    and 

state  to  pri  pare  forma. 

no.     The  attorney-general,  Btate  controller,  ai 

r,  tai  '  tte    shall    pn  parr    a    nni ' 

1,1:,.  forms  for  the  use  of  the  pub!  ra  required 

t,.  perform  duties  un.lrr  tl  rma,  and  i 

other,  shall  be   usul   by  Buch   offl 

Ities. 

Fraudulent  procurement  of  certificate,  a  felony. 

111.     Whoever     fraudulently      |  its     in 

fraudulently    procuring,   or   is    privy     to   the   fraudulent    pre- 


1419  TORRENS   LAND    SYSTEM.  Act  4115,  §§  112,  113 

curcment  of  any  certificate  of  title  or  other  instrument, 
or  of  any  entry  in  the  register  or  other  book  kept  in  the 
registrar's  office,  or  of  any  erasure  or  alteration  in  any 
entry  in  any  said  book,  or  in  any  instrument  authorized 
by  this  act,  or  knowingly  defrauds  or  is  privy  to  defraud- 
ing any  person  by  means  of  a  false  or  fraudulent  instru- 
ment, certificate,  statement,  or  affidavit  affecting  registered 
land,  shall  be  guilty  of  a  felony,  and  fined  not  exceeding 
five  thousand  dollars,  or  be  imprisoned  not  exceeding  five 
years  nor  less  than  one  year,  or  either,  or  both,  in  the 
discretion  of  the  court. 

Forgery  of  seal,   signature,  or  instrument  in  registrar's  of- 
fice,  a  felony. 

Sec.  112.  "Whoever  (1)  forges,  or  procures  to  be  forged, 
or  assists  in  forging  the  seal  of  the  registrar,  or  the 
name,  signature,  or  handwriting  of  any  officer  of  the 
registry  office  in  cases  where  such  officer  is  expressly  or 
impliedly  authorized  to  affix  his  signature;  or  (2)  fraudu- 
lently stamps,  or  procures  to  be  stamped,  or  assists  in 
stamping  any  document  with  any  forged  seal  of  said  regis- 
trar; or  (3)  forges,  or  procures  to  be  forged,  or  assists 
in  forging  the  name,  signature,  or  handwriting  of  any  per- 
son whomsoever  to  any  instrument  which  is  expressly  or 
impliedly  authorized  to  be  signed  by  such  person;  or  (4) 
uses  any  document  upon  which  any  impression,  or  part  of 
the  impression,  of  any  seal  of  said  registrar  has  been 
forged,  knowing  the  same  to  have  been  forged,  or  any  docu- 
ment, the  signature  to  which  has  been  forged,  knowing 
the  same  to  have  been  forged;  or  (5)  swears  falsely  con- 
cerning any  matter  or  procedure  made  and  done  in  pur- 
suance of  this  act,  shall  be  guilty  of  a  felony,  and  impris- 
oned not  exceeding  ten  years,  nor  less  than  one  year,  or 
fined  not  exceeding  five  thousand  dollars,  or  both  fined 
and  imprisoned,  in  the  discretion  of  the  court. 

No  proceeding  or  conviction  under  this  act  shall  affect  any 
remedy  at  law  or  in  equity. 

Bee.  113.  No  proceeding  or  conviction  for  any  act  here- 
by declared  to  be  a  misdemeanor  or  a  felony  shall  affect 
any  remedy  which  any  person  aggrieved  or  injured  by  such 
act  may  be  entitled  to  at  law  or  in  equity  against  the  per- 
son who  has  committed  such  act,  or  against  his  estate,  or 
against  the  registrar,  or  upon  his  bond. 


Act  1415.   5J  114-116  TORRENS    LAND    SYSTEM.  1430 

-    in    similar    cases    und<  r    pre*  at    laws,    rxc.pt 
provided  herein. 

-   sped  of  applications    and 
nder   them   pr  tibn,   shall   bo   the 

same  •  iperiOT  court. 

_    Tar: 

Deluding  out  duplicate 

r   and   fifty  «•(  tits. 

duplicate,  fifty  cents. 

I'.ir  r,     including     tbi  and 

I  .liar  and  fifty 

I   on   the  including  the 

indoi  ri  the  duplicate  certificates,  one  dollar. 

certificate,    memorial,    o* 
chai  ^ts. 

Pot  edition  of  register,  nun  dol- 

lar and   fifty 

filing    any    instrument,  y    of    thn 

■  r   of    any    instrument    or    writing    on    file    in    his 
!    by    law    •  •  rs   for  like 

Bl  r\ 

Construction. 

Act  to  '"   liberally  truction  of  similar  legja» 

lati  '  '■ 

115,     T)  ;  i  I. .rally 

ry   for  flu     pur  .ml 

lopt    by   implication   the   construi 
iiv  similar  legislat  jurisdictions  which   this 

■ 

1  16.     Thi  ""1   1"'  in  force  from 

and  after  the  first  day  of  July,  eighteen  hundred  and  m 

8<    \  •   11. 


1420a  TRADEMARKS-TRAINING     SHIP.  §§  4120-4123 

TITLE  501. 

TRADEMARKS. 
ACT  4120. 

Concerning   trademarks    and     tradenames.      [Stats.     1863,   p. 
155.] 

Amended   1SS7-8.    423.     Superseded   by   Penal   Code,    sec.    350,    and   Po- 
litical   Code,    sees.    3196-3193. 

ACT  4121. 

To  protect  owners  of  bottles,  boxes,  siphons  and  kegs  used 
in  the  sale  of  soda  waters,  mineral  waters,  porter,  ale, 
cider,  milk,  beer,  and  other  beverages,  etc.  [Stats.  1891, 
p.  217. 

Amende*!    1903,    S3. 

This  act  appears  in   full   In   Civil   Code,    Appendix,   p.    775. 


TITLE  501a. 

TRADING    STAMPS. 

ACT  4123. 

An  act  making  it  a  misdemeanor  to  sell  or  exchange  prop- 
erty under  the  representation,  advertisement,  notice  or 
inducement  that  an  unidentified,  unknown,  unselected, 
or  chance  prize,  premium  or  premium-gift,  or  that  a 
stamp,  trading-stamp,  coupon  or  other  like  device  en- 
titling the  holder  to  receive  such  a  prize,  premium  or 
premium-gift,  or  that  the  redemption  of  such  a  stamp, 
trading-stamp,  coupon  or  other  like  device  so  given  is 
to  be  a  part  of  the  transaction,  or  to  sell  or  exchange 
any  trading-stamp,  stamp,  coupon,  or  other  like  device 
to  aid  such  sale  or  exchange,  as  aforesaid,  and  providing 
a  penalty  therefor. 

[Approved  March  7,  1905.       Stats.   1905,  p.  67.] 

Unconstitutional:    Ex  parte  Drexel,   147  Cal.   763. 
Cal.    Rep.    Cit.     147,   763. 


TITLE  502. 
TRAI^lJN'Gr-SHIP. 
ACT  4125. 

To   establish    and   maintain   a   training-ship  in   the   city   and 
county    or    San    Francisco.         [Approved    February     15, 
1876;' Stats.   1875-6,  p.  54.] 
Amended  1877-8,  233. 


Act*  4130.  4134,  g  1    TRAMROAD    COMPANIES 

TITLE  503. 

THAMROAD  COMPAQ 

ACT    4130. 

for    ir^nr;»>rntir.Ti     of    tramroad 
-'■  I'-  8  10.] 


TITLE  504. 
TBEASUBEBS. 
ACT 

An   act    to  a  moneys  in  brinks 

in  I  ts  or  parts  < 

[Approved  March  p.  823.] 

1.     All  moneys  in  tin    state  treasury  belonging  to 
the  d  to  in-  el  eurrenl  exp<  odi- 

turi  -  sredit 

•    or   oal ional   bank,  ><r   banks,   in 
the    ■  rer,  with  the  a  if  the  governor 

and  itroller,    shall 

siH'h   deposits,   and   any   Bum   so  d    shall   be   deemed 

to  b<  iry;  provided,  ink  or  banks 

in   which  bail  furni 

r   provided,   and    provided    further,   that   such    de- 

•  ary    bank    or    bank  g    to 

pay  the 

]•'  r  asm  d<  termini  <l  by  bids 

to  be  bu  i  and  in  i  -   the 

surer,  with  the  approval  of  the  governor  and  si 
troller,  shall  <1  i r*  <•  t ;   provided,  tfa  Dre  than  one-1 

of  the  af  amount  oi 

posit   am  i   be   deposited   in   any   one   bank. 

and    provided    further,   that 
twenty-five    i"  r   eent   of    the   paid-up   capital, 
reserve  and  surplus,  of  any  ry  bank.     Any  and  all 

bids   may  be   rejected   by   the   treasurer,   with   the  approval 
of   th<'   governor  and   state  controller,   and    new   hi 
for.    Tin  of  trans]  ml  from 

the   state   treasury   to   such    depositari  by 

such    depositarii  -.     Said     d< 

shall    i"  to   withdrawal    at   any   time   upon 

mand  "t  unr,  or  upon   prt'si-ntatiuu  of  a 

tificate  of  deposit  prop*  rly  Indorsed. 


1421  TREASURERS.  Act  4134.  §§  2-S 

Sec  2.  The  interest  to  be  paid  by  any  such  depositary 
bank  shall  be  on  the  average  daily  balances  of  the  state 
moneys  kept  on  deposit  therewith,  and  shall  be  paid  and 
creditod  to  the  state  monthly  on  the  first  day  of  each  and 
every  month,  and  such  interest  shall  accrue  to  the  general 
fund  of  the  state  treasury. 

See.  3.  For  the  security  of  the  funds  deposited  by  the 
state  treasurer  under  the  provisions  of  this  act,  there  shall 
be  deposited  with  the  treasurer  bonds  of  the  United  States, 
or  of  this  state,  or  of  any  county,  municipality  or  school 
district  within  this  state,  which  bonds  shall  be  approved  by 
the  governor,  controller  and  treasurer,  to  an  amount  in 
value  at  least  10  per  cent  in  excess  of  the  amount  of  the 
deposit  with  such  bank  or  banks;  and  if  in  any  case-,  or  at 
any  time,  such  bonds  are  not  deemed  satisfactory  security 
to  the  governor,  controller  and  treasurer,  they  may  require 
such  additional  security  as  may  be  satisfactory  to  them. 
Said  bonds  or  any  part  thereof  may  be  withdrawn  on  the 
written  consent  of  the  governor,  controller  and  treasurer; 
provided,  that  a  sufficient  amount  of  said  bonds  to  secure 
said  deposits  shall  always  be  kept  in  the  treasury;  and  in 
the  event  that  said  bank  or  banks  of  deposit  shall  fail  to 
pay  such  deposits  or  any  part  thereof  on  the  demand  of  the 
state  treasurer,  or  upon  any  presentation  of  a  certificate  of 
deposit  properly  indorsed,  then  it  shall  be  the  duty  of  the 
state  treasurer  to  forthwith  convert  said  bonds  into  money 
and  to  disburse  the  same  according  to  law. 

Sec.  4.  The  treasurer  shall  take  from  such  depositary  or 
depositaries  a  written  contract,  in  duplicate  setting  forth 
the  conditions  and  terms  upon  which  the  funds  of  the  state 
are  deposited  therewith,  one  of  which  shall  be  filed  with  the 
controller.  One  provision  of  said  contract  shall  be  that  each 
depositary  shall  at  the  end  of  each  month  render  to  the 
treasurer  a  statement  in  duplicate  showing  the  daily  bal- 
ances or  amount  of  money  of  the  state  held  by  it  during 
the  month  and  the  amount  of  the  accrued  interest  thereon 
separately,  one  of  which  shall  be  filed  by  the  treasurer  with 
the  controller.  The  treasurer  shall  annually  on  the  first 
day  of  July  furnish  each  depositary  bank  with  a  statement 
showing  the  amount  and  description  of  the  bonds  on  de- 
posit with  him  by  -such  bank  to  secure  state  deposits. 

Sec.  5.  The  treasurer,  with  the  approval  of  the  governor 
and  controller,  shall,  if  in  his  judgment  it  shall  appear  nec- 
essary for  the  security  of  the  state,  require  said  banks  of 


Act*  JUS  1137  ERS.  Ur 

indemnity   bond,  the-  "n   which 

shall  not  be  interested  i  ilders  in  yai- !  hank  or  banks, 

to    be    approved    \>  broiler   ami    tnasurer,    to 

an\     .  1  •  •  | >r •  oiation    in    value 
thai  i   boods   1><  l<l  by   "im  as  security  for 

the  ind   i iri •  m j .r   payment  of  the  state  mo 

■ 

II   not    l>e  responsible    for 

nny  mon<                          in  a  bank  '>r  inder  the  pro- 

•    saint    remain  there   deposited 

with    the   consent  but    the 

JUrer   thai]    l»  •     with    tl  P'n8i  manage- 

tneiit   and  disbursement  of  the  bonds  and  eertrfleatea  of  de- 
•  1    with    him    as   security    tor   deposits  of  state 
mosey b,  and  with  the  ii  thereon,  and  the  proect-ds  of 

-  lie    und<r   tin 

\  t    the    til  In    any 

-    •  ■•  r   shall    take    a 
certificate   ot   certificates   erf   deposits    made   payable    to    Che 

dei  m  afl- 
iH     in    the 
possi  irer  shall  be  deemed  and  counted  as 

fash    l.\  board    of    examiners.     Controller '■    war- 

rants drawn  upon  the  paid   b]    rath 

eertifieatea  <>f  deposit   when   properly  indorsed  by   the  treas- 
urer the  i 

in  conflict  with  this  aet 
are   hereby   expressly  repealed. 

-nail   take  .  SeoJ   .'a  July    I. 

ACT   4135. 

ting   to  ti  .   their  deputies  and   clerks,   in   coun- 

and  cities  and  co  b   population  of  two 

hundred  thousand  inhabitants  or  over.     [Stats.    1893,  p. 

f   that  city.     This 
art   appears  in   full   In    i  \.    p     U14. 

ACT   4136. 

Authorizing    the    Btate    treasurer    to    pay    controller^    war- 

rants    drawn    foi     the    salaries    of    public    ofljceFB    who    UN 
entitled    to    monthly    payments    from    tin     slate.     [S 

l-:..  i.  p  51 

ACT  4137. 

For    the    better    protection    of    the    stati     treasury.     [81 

l»  i.j 


1423  TRESPASS— TRINITY   COUNTY.  Acts  413S-4152 

This  act  authorized  the  state  treasurer  to  employ  two  watchmen  t. 
The  code  commissioners  say  of  it:  "Doubtless  superseded  by  sec.  457. 
Pol.  Code,  but  nevertheless  amended  by  statute  of  1895,  p.  55,  chap. 
LIV." 

ACT  4138. 

To  provide  an  additional  watchman  for  the  state   treasurer. 
[Stats.  1895,  p.  55.] 

"Purports  to  amend  statute  of  1S6S,  554,  chap.  CDXXXI,  which 
statute  was,  however,  superseded  by  Political  Code,  sec.  457." — Code 
Commissioners'    Note. 

ACT    4139. 

Increasing    number    of    deputies    for    limited    period.      L^P" 
proved  March  16,  1889.     Stats.  1889,  p.  303.]    - 
Repealed   March   26,    1S95,    Stats.    1895,    p.   88. 


TITLE  505. 

TEESPASS. 
ACT    4144. 

Preventing   persons   passing   through   inelosures   and   leaving 
them   open,   and   tearing  down   fences   to   make   passages 
through   inclosures.      [Stats.   1871-2,  p.   384.] 
See   sec.    7,    1S75-6,    408;     1877-8,    49,    776. 


TEESPASSING  ANIMALS. 


See   Estrays. 


TITLE     506. 
TEIN1TY    COUNTY. 
ACT  4149. 

Additional  contingent  fund  for.      [Stats.  1877-8,  p.  184.] 
Repealed  by   subd.   18,   sec.    25,   County   Government   Act,   1S97,    463. 

ACT  4150. 

Providing  for  construction  and  maintenance  of  free  bridges 

in.      [Stats.  1873-4,  p.  62.] 
ACT    4151. 

County  clerk  of,  salary  of.      [Stats.  1873-4,  p.  184.] 
Repealed  by   County  Government   Acts,   see  1897,   56S,    sec.   210. 
ACT  4152. 

Authorizing    transcribing   of   records    in,         [Stats.    1SG2     p 

164.]  ' 

Amended   1SC3,    22. 


:  4161 

ACT   1168. 

Public  s<hi>..]<5  of,  employment  ol  1873 

:,    172.1 
Am'' 

ACT  4154. 

I  of. 
[SUI 

rsrded    by    Count]  .1,    568,    »cc 

ACT 

Fixing   salary   of   nv  m!  -       [Stats. 

ACT  1156. 

•  i     fi\     r.iti>    of    tolll  •  '1     on     \\ 

r      la,     [8tal  I  >7.] 

See    Court.. 


TITLE   507. 
TBI   - 
ACT   4161. 
To  provide  for  th<  intion  of 

in    case    of    the    death    oi    the    last    surviving 
[8ta1  I,  p.  IV".] 

t 

ACT  4162. 

An  act   '  nd  provid*    fof  ti  nation  of 

a   know  • 

tore,   and   the   founding,   maintaining,  ami    perpetu 
public    librai  ims,    and    ga 

ti,,  l  contributions  I ;,<  r.  to 

iblished;    for    the    • 
Bon  of  real    property    within    this 
the   purposes  herein   ■■  and   the  prcction   I 

on   of   buildings   appropriati  I    for 

the  creation  of  i :  or  prop,  r  for  th< 

t.  r    preservation    of   such    injtitutions,    and    the    control 
and  rnannj;-  r:i"nt  th(  n 

[Approved  March  5,  1887.    g  1887,  p. 


1425  TRUSTS.  Act  «62,  §§  1-3 

Manner  of  conveying  gifts  for  dissemination   of  knowledge 
of  arts,  etc. 

Section  1.  Any  person  intending  in  his  lifetime  or  by 
will  or  trust  deed,  to  operate  after  his  death,  to  found, 
maintain,  and  perpetuate  in  this  state  a  public  library, 
museum,  gallery  of  art,  or  any  or  all  thereof,  for  the 
diffusion  of  mechanical,  scientific,  artistic,  and  general 
knowledge,  may  to  that  end  and  for  such  purpose,  and  for 
any  purpose  within  the  purview  of  the  title  of  this  act, 
convey  in  writing  by  words  denoting  a  gift  or  grant  to 
one  or  more  trustees  named  in  such  gift  or  grant,  and  to 
their  successors,  any  library  or  collection  of  books  and 
works  for  such  public  library,  or  any  museum,  or  gallery 
of  art  in  this  state,  and  such  gift  or  grant  may  also  express 
and  shall  bo  construed  to  be  a  conveyance  of  the  future 
additions  and  accretions  thereof;  and  he  may  also  in  like 
mmner,  to  that  end,  and  for  such  purpose,  convey  by 
grant  to  such  trustee  or  trustees  any  real  property  within 
this  state  belonging  to  him,  which  may  be  necessary  or 
proper  for  the  erection  and  maintenance  of  buildings  suit- 
able to  such  institution,  and  the  buildings  erected  thereon, 
with  grounds,  conveniently  adjacent  thereto,  and  other  lands, 
tenements,  and  hereditaments  for  the  purpose  of  producing 
an  income  for  the  support  and  maintenance  of  such  institu- 
tions, or  any  of  them,  and  any  collateral  burdens  which  may 
be  imposed  by  the  terms  of  such  foundation  as  part  and 
parcel  of  the  regulations  for  its  conduct,  and  also  personal 
property  of  all  descriptions,  which  may  subserve  the  purposes 
oi  the  institution  and  maintenance  of  any  such  library 
museum,  or  gallery  oi  art. 

Gifts  by  other  than  founder. 

Sec.  2.  Any  contributions  or  gifts  by  any  other  person 
than  the  founder,  of  any  property  suitable  to  the  general 
plan  or  support  of  any  institution  mentioned  in  the  title  of 
this  act,  shall  immediately  vest  in  the  trustees,  and  become 
incorporated  into  and  subject  to  the  trust,  and  to  all  its 
terms  and  conditions,  and  be  managed  under  the  rules  and 
regulations  prescribed  therefor. 

Sec.  3.  The  person  making  such  gift,  grant,  or  convey- 
ance,   as    founder,    may    therein     designate, — 

1.  The  name  by  which  the  institution  so  founded  and 
maintained  shall  be  known. 

2.  Its  nature,  object,  and  purposes. 

Gen.  Laws— 90 


Act  4162.   }§  4.  5 


.">..   T' '•   powers  and  dotfes  of  tho   tnist«-'s.  which  shnll   not 

1  1  bat,  in   their  judg- 

ffeotually   t<>  carry  out   tho 

h  instituJI 

4.  Tho   modo   and   mnnnrr  »nd   bv   whom   tho   sniooossorfl  to 

i  named  in  rh<  -ant  shall  bo  appointed, 

-  nd  t  prulations  f  '  such 

institution,    mid    '■  :i^    Hie 

•t  wnrh  rnl 
Shall,   aUleSS   tho   ^n-nnt   shnll   othi  ".   be    doomed 

a  Ivlsery  only,  ami   shall   not   preclude  such   trustors  or  I 

rs  from  making  su.-h  ebai  nilitions  may. 

timo    to    timo,   r60/ttirft 

8.  The    p'n.*p    or    placet    where    tho    necessary    buildings 

shall   be  nd   the  gem  ml  cl  r.       Tins 

porson  mi  therein  provide  for  all  other 

thing!  rry  out  the  purposes  tin  r 

mi  'I   in   inch   g  rant',  and 

tlnir  d  tli"  nan 

jd  defend  in  relation  to  tho 
all    mattl  '  ■••    institution 

i'  '1. 

By  a  provision  in  suet  jrift  <>r  grant,  tho  forrader 
may    elect,  i-  to    the   persona]    and    real  pro; 

n    f,  and    in 
- 
any  buildings  auxiliary  then  to,  and  in  r< 

1   with   such  institution,  t«  to   liims.  If 

nd   righl   of  annul  menl    or  modification  of   anj 
ich   trustees,  in  eas  II,  within   thirty  days 

notice  of  the   perfornuu  h   act,  file   in   the  offici 

sai.l    trustees,  or    deliver    to    th«  ir    president    or    principal 
r.    a    notice     in     wi  •  nnulment.    or 

modification,  and   upon  a  lii 

provision    in   such 

during  his  life  all  I       powi  rs  which,  by  tho  terms  tin  r 

are   nested    i    or  enjoined   upon  the  trustees  therein   nan 

and   tin  ir  successors;   provided,  that   upon   tli.    death  or 

in.li  r  and  grantor,  such  powers  ami 
duties  shall   In    devolved   upon,  and    be 
trustn  s   named    in    the   gift   or   g  d    their  so 


1427  TRUSTS.  Act  4162,  $  5 

Such  person  may  also  reserve  the  right  to  alter,  amend, 
or  modify,  at  any  time  during  his  life,  or  by  his  last  will 
and  testament,  the  terms  and  conditions  thereof,  and  the 
trust  therein  created  in  respect  to  such  institution,  its  build- 
ings, and  the  property  conveyed  therefor. 

Election  of  officers  and  compensation. 

Sec.  6.  The  founder  shall  have  power  in  said  deed  of 
trust  to  name  and  describe  the  character  and  personality 
of  any  one  or  more  of  the  immediate  or  future  trustees, 
the  librarian,  and  other  officers,  and  to  name  and  impose 
any  particular  duty  to  be  performed  by  any  one  or  more 
trustees  or  other  officers  so  described  and  characterized, 
and  to  declare  and  limit  any  compensation,  and  fix  the 
character  and  method  of  such  compensation  he  may  choose 
to  provide  for  any  such  trustee  or  other  officer  whom  the 
terms  of  his  foundation  may  characterize,  and  upon  whom 
specific  or  general  duties  shall  be  imposed. 

Gift,  how  recorded. 

Sec.  7.  Any  such  gift  or  grant  may  be  executed,  ac- 
knowledged, and  recorded  in  the  manner  now  or  hereafter 
provided  by  law  for  the  execution,  acknowledgment,  and 
recording  of  grants  of  real  property. 

Time   of    commencing   suit. 

Sec.  8.  No  suit,  action,  or  proceeding  shall  be  commenced 
or  maintained  by  any  person  to  set  aside,  annul,  or  affect 
said  gift,  grant,  or  conveyance,  or  to  affect  the  title  to  the 
property  conveyed,  or  the  right  to  the  possession  or  to  the 
rents,  issues,  and  profits  thereof,  unless  the  same  be  com- 
menced within  two  years  after  the  date  of  the  filing  of  such 
grant  for  record. 

Founder  may  bequeath  to  state  of  California. 

Sec.  9.  Any  person,  being  the  founder,  making  a  gift 
or  grant  for  any  of  the  purposes  mentioned  in  this  act,  may, 
at-  any  time  thereafter,  by  last  will  or  testament,  devise 
or  bequeath  to  the  state  of  California  all  or  any  of  the 
property,  real,  and  personal,  mentioned  in  such  gift  or 
grant,  or  in  any  such  supplemental  thereto,  and  such  de- 
vise or  bequest  shall  take  effect  in  case,  from  any  cauae 
whatever,  the  gift  or  grant  shall  be  annulled  or  set  aside, 
or  the  trusts  therein  declared  shall  for  any  reason  fail. 
Such   devise   or   bequest    is   hereby   suffered   to   be    made    by 


Act  4163.  (  1  TRl-STS.  MTi 

way  of  aasurance  that   tin    int.  nti-ms  of  tin  shall 

i"    can  •  'I  oat,  nrnl   in  that  th< 

ahal]  succeed  to  t  r  any  part  thereof,  will,  to 

the  extent  and  valuo  of  such  prop*  rty  carry  out,  in  r.  i] 

•  i     jmi r j .. •-*«  h    uf    ai  _rant,    ull     th-- 

i n.i    inti  otioni   of   the    .. 

Liberal  construction  of  pn 

The  pr<  ',  be  1  i "t » •  rally  con- 

stnn  <1,    with    |  and 

the   singular   number   in    th<  tetion    thereof   shall    bo 

deem<  elude  the  plural,  and   the   plural  number  shall 

be  d( '  an  '1  to  in-  .  Qgular. 

og  in  tl 
i«r   bave   any   effect    npon   any   of   tin    pr 

'An 

the   public    welfan    by  -    the   bob 

ance,  holding,  and   prot< 

for  the  funding,  endow  .  and  mi 

nance,   a  ithin    thii  I    univew 

I  anical   i 
gall(  r,,li    ninth. 

.    1".      Tl.  mm.  -liatily. 

ACT    L16S. 

An  act   to  advance  learning,  t! 

public    W(  liar-  ,    by    pr" 

ii.  i.   holding,   and    proti  !    the 

ition   of   ' 
tion,  and  maintenance  within  tl  of  univcrs 

C0H' 

institutes,  museums,  and  galleries  of  art. 

[Approv.-. 1    Karon 

Amended  IBM,  .  MB    Bes  r.cxt  act. 

Cat.  2     13». 

Construction   of  nrt. 

on    1.     The    provisions   of   this    act    shall    be    I 

-•  ru»  .1    with    a 
its    pur;-  I    in    the    • 

minibir    shall     \x>     <i.  ■■in.  .1     to     i 


1429  TRUSTS.  Act  4163,   §§  1,  i 

plural  shall  be  deemed  to  include  the  singular  number,  and 
the  masculine  gender  shall  be  deemed  to  include  the  femi- 
nine. 

Grant. 

Sec.  2.  Any  person  desiring  in  his  lifetime  to  promote 
the  public  welfare  by  founding,  endowing,  and  maintain- 
ing] within  this  state  a  university,  college,  school,  semi- 
nary of  learning,  mechanical  institute,  museum,  botanic 
garden,  public  park,  or  gallery  of  art,  or  any  or  all  thereof, 
may,  to  the  end  and  for  such  purpose,  by  grant  in  writing 
convey  to  a  trustee,  or  any  number  of  trustees,  named  in 
such  grant  (and  to  their  successors),  any  property,  real  or 
personal,  belonging  to  such  person  and  situated  or  being 
within  this  state;  provided,  that  if  such  person  be  mar- 
ried and  the  property  be  community  property,  then  both 
husband  and  wife  must  join  in  such  grant.  [Amendment 
approved  March  31,   1891.     Stats.    1891,  p.   454.] 

Requisites. 

Sec.  3.  The  person  making  such  grant  may  therein  desig- 
nate: 

1.  The  nature,  object,  and  purposes  of  the  institution  or 
institutions    to    be    founded,    endowed,    and    maintained; 

2.  The   name  by   which   it   or   they  shall   be   known; 

3.  The  powers  and  duties  of  the  trustees,  and  the  man- 
ner in  which  they  shall  account,  and  to  whom,  if  account- 
ing be  required;  but  such  powers  and  duties  shall  not  be 
held  to  be  exclusive  of  other  powers  and  duties  which  may 
be  necessary  to  enable  such  trustees  to  fully  carry  out  the 
objects  of  such  grant; 

4.  The  mode  and  manner,  and  by  whom,  the  successors 
to  the  trustee  or  trustees  named  in  the  grant  are  to  be 
appointed; 

5.  Such  rules  and  regulations  for  the  management  of  the 
property  conveyed  as  the  grantor  may  elect  to  prescribe; 
but  such  rules  shall,  unless  the  grantor  otherwise  pre- 
scribe, be  deemed  advisory  only,  and  shall  not  preclude 
such  trustees  from  making  such  changes  as  new  conditions 
may  from  time   to   time  require; 

6.  The  place  or  places  where  and  the  time  when  the 
buildings  necessary  and  proper  for  the  institution  or  in- 
stitutions shall  be  erected,  and  the  character  and  extent 
thereof.  The;  person  -making  such  grant  may  therein  pro- 
vide   for    all    other    things    necessary    and    proper    to    carry 


Act  41(3.    5  5  «.  5 


the    pur;  •  l".    : i r i •  1    especially    may    such    peBBM 

provide    for    the    trado*    and     prof  -     which     shall     be 

■  I    in    such    institutions,    and    tb<     ternu    upon    whieh 

of  the  public  and  private  tehooli  of  the 

•    ••  Imitted   to  all    the 

f    I    led    for    mi -rit'irinns 
conduct  hip;    and  r    maintaining 

Un    ehildl  r.ii 

< I •  r«  < i    mi  or    who    have   died    in  tl  •     of    thin 

rships   for  anil 

•  Iren     of'      iin  rhaiii. -i.      tra.lesmin.      and      lalmrers,      who      have 

died  without  leaving  means  Boffieianl   t..  give,  anoh  ahildvsa 

a     practical     education*     Bating    them     for     the     DSefsJ     traili  I 

terms    and  •  a    upon     whieh 

in   the   pnhlir   ami   private   schools;   and   other  de 

w  ithout  SB,    atti  in) 

the    Itrti  lilish.<l;     rind     albo     Die 

whieh     the     museums,    and     art 

galleries,  an.:  -  of  marie,  eonneetod   with   any 

titution,    shah  t.>    all 

with  :  .  .'lini  w  di  •  •.-*  oi  tin 

institution. 

-    ■  ■       tees  ]     "  ■  ■'    in   SUCfa   jrrant,   and 
tlu'ir  r  the   institution   or   in 

stitnl  grant,  sue  and'  dl  fend,  in 

relation    to    tb<  '}'■    -'""I     '"    relation    to    all     • 

r   institutions   endows  d   and 
Qrantox   as  tm 

moh    (rrant.    by    a    prov 
therein,    may    elect,    in    relation    to    the    property 
and   in   relation   to   the   erection,   maintem 
mi. nt   of  such  ■.  during 

his   life,   all    the   duties   an. I  all    the    powers    which, 

l,v    •  grant,    are    enjoined    upon    and    \ 

i„  t !  i  tied.     It  the  person  mak 

i,  and  making  the  election  aforesaid,  !><•  a  married 
Bucb    person    may    further    provide    that    if    the    wit. 
BUCh    p'  rson    BUTVive    him,    then    such    wife,    during    her    life. 
may,  in  relation  to  the  property   i  I,  and  in  relatli 

and  management   of  such  iustitu- 

pcrform   all    the   duties   and    exercisi    ail 

rhich,    bj    tie     term-    of    the    e;rant.  mipJ 


1«1  TRUSTS.  Act  41R3-,   §  §  6-8 

upon  and  vested  in  the  trustee  and  trustees  therein  nam.  d, 
and  in  all  sucli  eases  the  powers  and  duties  conferred  and 
imposed  by  sueh  grant  upon  the  trustee  or  trustees  therein 
named  shall  be  exercised  and  performed  by  the  person 
making  such  grant,  or  by  his  wife,  during  his  or  her  life, 
as  the  case  may  be;  provided,  however,  that  upon  the 
death  of  such  person,  or  liis  surviving  wife,  as  the  case 
may  be,  sueh  powers  and  duties  shall  devolve  upon  and 
shall  be  exercised  by  the  trustees  named  in  the  grant,  and 
their  successors. 

Amending  grant. 

Sec.  6.  The  person  Making  such  grant  may  therein  re- 
serve the  right  to  alter,  amend,  or  modify  the  terms  and 
conditions  thereof,  and  the  trusts  the  rein  create  d,  in  re- 
spect to  any  of  the  matters  mentioned  or  referred  to  in  sub- 
divisions one  to  six,  inclusive,  of  section  two  hereof;  and 
may  also  therein  reserve  the  right,  during  the  life  of  such 
person  or  persons,  of  absolute  dominion  over  the  personal 
property  conveyed,  and  also  over  the  rents,  issues,  and 
profits  of  the  real  property  conveyed,  without  liability  to 
account  therefor  in  any  manner  whatever,  and  without 
any  liability  over  against  the  estate  of  such  person;  and 
if  any  such  person  be  married,  sueh  person  may,  in  said 
grant,  further  provide  that  if  his  wife  survive  him,  then 
such  wife,  during  her  life,  may  have  the  same  absolute  do- 
minion over  such  personal  property,  and  such  rents',  issues, 
and  profits,  without  liability  to  account  therefor  in  any 
manner  whatever,  and  without  liability  over  against  the 
estate  of  either  of  the  spouses. 

Custody  of  minors. 

Sec.  7.  The  person  making  such  grant  may  therein 
provide  that  the  trustees  named  in  the  grant,  and  their 
successors,  may,  in  the  name  of  the  institution  or  institu- 
tions, become  the  custodian  of  the '  person  of  minors,  and 
when  any  such  provision  is  made  in  a  grant,  the  trustees 
and  their  successors  may  take  such  custody  and  control 
in  the  manner  and  for  the  time  and  in  accordance  with  the 
provisions  of  sections  two  hundred  and  sixty-four  to  two 
hundred  and  seventy-six,  inclusive,  of  the  Civil  Code  of 
the  state  of  California. 

Execution  of  grant. 

Sec.  8.  Any  such  grant  may  be  executed,  acknowledged, 
and   recorded   in    the    same    manner   as   is   now   provided    by 


Act  4163.   {J  9-11  TUT 

for    the    execution,    acknowli  I  reeordii 

i-  • :  1 1   pro  |  ■ 

Ann  at. 

■  e    shrill    ho    mm- 
mene<  ■  !  •  •  ride,  Banal,  "r 

•   t   p*op- 

tlic 

menced  within  iliag  i  ich  grant 

ill  any   d 
t i •  by    the    ti    -••  >    or    tru 

ot,  or  tin  »  or  pel 

hold  ■  .  |    lity 

■ 
•  be  ri^M   ■ 
and   profll 

ithin    tare, 

sh  ^mnt  shall 

the    lilinu' 

■ 

inder    * 

in    : 

*i'>n 

■ 
In   1 

.    11.      Any    person  ns    mnVir 

<>r    ii  int,    and    - 

sh.-ill    on 

in   « 1  •  elan  •!   >b 


that  the  wishes  of  the  grautor  or  grantors  shall  be  carried 
out,  and  in  the  faith  that  the  state,  in  case  it  succeeds 
to  the  property,  or  any  part  thereof,  will,  to  the  extent  and 
value  of  such  property,  carry  out,  in  respect  to  the  objects 
and  purposes  of  any  such  grant,  all  the  wishes  and  inten- 
tions of  the  grantor  or  grantors;  provided,  that  no  wish, 
direction,  act,  or  condition  expressed,  made,  or  given  by  any 
grantor  or  grantors,  under  or  by  virtue  of  this  act,  as  to 
religious  instruction  to  be  given  in  such  school,  college, 
seminary,  mechanical  institute,  museum,  or  gallery  of  art, 
or  in  respect  to  the  exercise  of  religious  belief,  on  the 
part  of  any  pupil  or  pupils  of  such  school  or  institution 
of  learning,  shall  be  binding  upon  the  state;  nor  shall  the 
state  enforce,  or  permit  to  be  enforced  or  carried  out,  any 
such  wish,   direction,  act,  or  condition. 

Sec.   12.     This   act   shall  be   in   force   from  and   after   its 
passage. 

ACT  4164. 

An  act  supplemental  to  an  act  entitled  "An  act  to  advance 
learning,  the  arts  and  sciences,  and  to  promote  the  pub- 
lic welfare,  by  providing  for  the  conveyance,  holding, 
and  protection  of  property,  and  the  creation  of  trusts 
for  the  founding,  endowment,  erection,  and  mainte- 
nance within  this  state  of  universities,  colleges,  schools, 
seminaries  of  learning,  mechanical  institutes,  museums, 
and  galleries  of  art,"  approved  March  9,  1885,  concern- 
ing the  resignation,  relinquishment  or  surrender  of 
rights,  powers,  privileges  and  duties  reserved  to  or 
vesting  in  the  founder  or  founders,  surviving  founder, 
or  wife  or  widow  of  any  founder,  of  any  institution 
created  or  founded  under  or  pursuant  to  said  act,  and 
concerning  the  assumption  and  exercise  of  powers  and 
duties  by   the  trustee  or  trustees  of  such  institution. 

[Approved  March  13,  1903.     Stats.  1903,  p.  140.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  founder  or  founders,  surviving  founder, 
or  wife  or  widow  of  any  founder,  of  a  university,  college, 
school,  seminary  of  learning,  mechanical  institute,  mu- 
seum, gallery  of  art,  library  or  any  other  institution,  or 
any  or  all  thereof,  founded  under  or  pursuant  to  an  act 
entitled  "An  act  to  advance  learning,  the  arts  and  sciences, 
and  to  promote  the  public  welfare,  by  providing  for  the 
conveyance,  holding,  and  protection  of  property,  and  tne 
creation    of    trusts    for    the    founding,    endowment,    erection, 


and   mai 

nn  clianii-al    institutes,    mu- 

M  ir.-h  0,   1886,  may, 

by  an  Instrument  ii  quish  anil  surrender 

all    the    r 

'  .iilllclrr.    "T 

nder,  over,  in,  or  concerning  any 

sm-h    institution    or   in- 
stitutions,  or   over   or   sotfaerning   any    loota    institution    or 
tnded,    ami    thereupon    all    estates,    d 

and     duties     which     would     o  t  In  r- 
uis,     vis!    in    nr    il.Aulv.'    apon    thi  •    tin- 

trus*-  for    the    founding,    andotrntont 
and    mainteni  a  .or    inst ttal 
upon    thi  '    '         •  r-"ii    "T   persons  ho    resigning,    re- 
tinas -                  pant 

fi.in  and    aim  ij. li. 

thereof,   and   by  the    i                  iny   nr:ll!' 

and  r    of    any    iMiiilirm.'itDry 

granta,   shall   inim  in   and    d<  voive   upon 

■>.     Nothing    1"  fei ■  ■  -  'all    pn  - 

Buoh   person  or  |-  g  -  lung  and 

■UTTi  in'h    ri^'l.'  ,  from 

thon 

from   becoming  snjr   board  <<t 

>cs. 

ill    take   effect   anil   be   in    farm    from 
and  after  its 

ACT  -11  lift. 

An    act     to    pr.'vi  !•  far    the    ascertainment 

of  the  •  ■  ||  for  the  determination 

of  the   validity   and  legal  •  _       La  or  other  m- 

«tru  _    trusts    and 

■  1    inainfi  ' 
of  a  university, 

mechanical  institute,  museum,  gallery  of  art,  ur  library, 

ur  any  other  institution,  nr  any  or  all  thereof,  under  or 

:.n ■  t   tn  tied  " An  \act  to  &d\  anoe  i«  am* 

[ng,   the   :ir'.^   ami  and   to   promcti    the   public 

by   providing  for  the  convi 

.   and    the    creation   of 

•  ion,     and     mainfi  i 
of  univers 
inaiits    ui     !    trning,     mechanical     ii  museums, 

ami  rt,"  approved   Mai  ur  under 

or  pursuant  to  an  act  entitled  "An  a 


BM6  TRUSTS  Act  4165.   {  1 

provide  for  the  dissemination  of  a  knowledge  of  the 
arts,  sciences,  and  general  literature,  and  the  founding, 
maintaining,  and  perpetuating  public  libraries,  must- 
uinns.  and  galleries  of  art,  and  the  receipt  of  donations 
and  contributions  thereto  when  established;  fos  the  con- 
veyance, holding  and  protection  of  real  property  within 
this  state  suitable  for  the  purposes  herein  designated, 
and  the  erection  thereon  of  buildings  appropriate  to 
such  purposes,  and  for  the  creation  01  tru?ts  necessary 
or  proper  for  the  better  preservation  of  such  institu- 
tions,  and  the  control  and  management  thereof,"  ap- 
proved M:irrh  r,,    1887. 

[Approved  February  10,   1902.     State,  1903,  p.  9.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  trustee  or  trustees  of  any  trust  or  trusts 
heretofore  or  hereafter  created  for  the  founding,  endow- 
ment and  maintenance  of  a  university,  college,  school, 
seminary  of  learning,  mechanical  institute,  museum,  gal- 
lery of  art,  library  or  any  other  institution,  or  any  or  all 
thereof,  under  or  pursuant  to  an  act  entitled  "An  act  to  ad- 
vance learning,  the  arts  and  sew  nces,  and  to  promote 
the  public  welfare,  by  providing  for  the  conveyance,  hold- 
ing, and  protection  of  property,  and  the  creation  of  trusts 
for  the  founding,  endowment,  erection,  and  maintenance 
within  this  state  of  universities,  colleges,  schools,  semi- 
naries of  learning,  mechanical  institutes,  museums,  and  gal- 
leries of  art,"  approvt  d  March  9,  1885,  or  under  or  pursuunt 
to  an  act  entitled  "An  act  to  encourage  and  provide  for  the 
dissemination  of  a  knowledge  of  the  arts,  sciences,  and 
general  literature,  and  the  founding,  maintaining,  and  per- 
petuating public  libraries,  museums,  and  galleries  of  art, 
and  the  receipt  of  donations  and  contributions  thereto 
when  established;  f«.i  the  conveyance,  holding  and  pro- 
tection of  real  property  within  this  state  suitable  for  ths 
purposes  herein  designated,  and  the  erection  thereon  of 
buildings  appropriate  to  such  purposes,  and  for  the  creation 
ox  trusts  necessary  or  proper  for  the  better  preservation 
of  such  institutions,  and  the  control  and  management 
thereof,"  approved  March  5,  1887,  may  commence  a  special 
proceeding  in  and  by  which  may  be  determined  all  cpies- 
tions  cf  law  pnd  faet  affecting  the  existence  of,  and  the 
due  and  voluntary  execution  and  delivery,  and  the  terms, 
validity  and  legal  ell'  ©t  of  the  grant  or  grants  founding 
the    same,   and    of    all    amendments    or    attempted    amend- 


Act  4165.  J  1  TRUSTS.  i«« 

nv  nts  thereof,  and  of  any  supplemental  grants  or  gifts,  and 
of  any  confirmatory  conveyances,  of  the  founder  or  found- 
ers, or  surviving  founder,  or  wife  or  widow  of  any  such 
founder;  and  in  and  by  which  may  he  determined  all 
questions  of  law  and  tact  affecting  the  due  and  voluntary 
execution  and  delivery,  and  the  validity  and  legal  effect, 
01  any  'gift  or  grant  made  in  general  terms  for  the  bene- 
fit    of   the   institution   or  institutions,   or  of  any   depart  mi  nt 

f,  or  of  any  gift  or  grant  made  in  general  terms  for 
the  benefit  of  the  institution  or  institutions,  cr  of  any  de- 
partment thereof,  upon  the  trusts  provided  for  in  the  errant 
founding    the    institution    or    institutions,    and    amendments 

I  and  grants,  bequests  and  devises  supplementary 
;  and  in  and  by  which  may  he  determined  all  ques- 
tions hearing  upon  the  passing  to  the  trustee  or  trustees  of 
the  legal  title  to  the  properties,  real  and  p  rsonal,  con- 
vey d  or  attempted  to  be  conveyed,  so  far  as  sueh  property 
OX  the  proceeds  thereof,  or  any  property  acquired  in  ex- 
change therefor  or  witn  proceeds  thereof,  may  he  described 
in  the  petition  herein  provided  for,  and  the  interest  or  title 
of     the     trustee    or    trustees    in   or   to    any    such     property 

bed  in  such  petition;  and  in  and  by  which  may  he 
determined  all  questiors  of  law  and  fact  affecting  the  due 
and  voluntary  execution  and  delivery,  and  the  validity  and 
legal  effect,  of  any  grant  or  surrender  by  any  such  founder 
or  founders,  surviving  founder,  or  wife  or  widow  of  any 
fonnder,  to,  or  in  favor  of,  such  trustee  or  trustees,  of  any 
rights,  power  .  privileges  or  duties  reserved  to  or  vesting  in 
any  such  person  or  persons  over  or  concerning  any  property 
deseribi  d  in  the  petition  herein  provided  for,  or  over  or  con- 
cerning any  such  institution  or  institutions  so  founded,  which 
would  otherwise  vest  in  or  devolve  upon  such  trustee  or 
trusties  upon  the  death  of  the  person  or  personB  so  granting 
or  surrendering  the  same,  and  of  any  relinquishment  or  re- 

by  the  founder  or  founders,  surviving  founder,  or  wife 
or  widow  of  any  founder,  of  any  other  such  rights,  powers, 
privileges  or  duties  so  reserved  to  or  vesting  in  any  such 
person  or  persons.  To  this  end  the  trust,  e  or  trustees  of  any 
trust  hereinbefore  referred  to,  iu  the  name  of  the  institution 
o  institutions  so  founded,  or  in  the  name  of  the  trua 
trustees  of  such  institution  or  institutions,  or  ,n  the  name 
of  the  hoard  of  trustees  of  such  institution  or  institutions, 
may  file,  in  tne  superior  court  of  the  county  in  which  the 
Lands  d<  scribed  in  the  founding  grant  or  grants,  or  some 
portion   thereof,  are  situated,  or,  if  no     r<  al  estate  has  been 


IK7  •  TRUSTS.  Act41€5,   §2 

granted  as  herein  provided  to  such  trustees,  then  in  the 
county  where  the  main  part  of  any  such  institution  or  in- 
stitutions is  situated,  a  petition  iv  writing,  signed  by  counsel 
for  such  trustee  or  trustees,  or  by  counsel  for  a  majority 
thereof,  which  petition  shall  contain  copies  of  all  such  grants, 
amendments,  attempted  amendments,  supplemental  grants, 
instruments  of  gift,  confirmatory  conveyances,  and  grants 
•nd  instruments  of  surrender,  relinquishment  or  release,  here- 
inbefore mentioned  or  referred  to,  so  far  as  known  to  such 
trustee  or  trusters;  and  the  petition  shall  allege  in  general 
terms  the  due  and  voluntary  execution  and  delivery,  and 
the  validity,  of  any  and  all  of  such  instruments,  copies  of 
which  are  set  out  in  the  petition,  and  shall  describe  all  prop- 
erty, real  and  personal,  the  legal  title  to  which  is  held  or 
claimed  to  be  held  by  said  trustee  or  trustees  rinder  or  by 
virtue  of  any  or  all  of  such  instruments,  whether  or  not 
tie  same  be  the  original  property  conveyed,  the  proceeds 
thereof,  or  reinvested  proceeds;  and  th,.  petition  shall  allege 
in  general  terms  the  estate  or  interest  which  the  trustee  or 
trustees  have  or  claim  in  or  to  the  property  described;  and 
the  petition  shah  pray,  in  effect,  that  the  court  examine  and 
determine  all  q1  stions  of  law  and  fact  affecting  the  due 
and  voluntary  execution  and  delivery,  and  the  terms,  validity 
and  legal  effect  of  all  such  instruments,  copies  of  which  are  so 
set  out  in  the  petition;  and  that  the  court  examine  and  deter- 
mine all  questions  bearing  upon  the  passing  to  the  trustee  or 
trustees,  of  the  legal  title  to  all  the  properties,  real  and  per- 
sonal, so  conveyed  or  attempted  to  be  conveyed,  so  far  as 
the  same  or  the  proceeds  thereof,  or  any  property  acquired 
in  exchange  therefor  or  with  the  proceeds  thereof,  may  be 
described  in  said  petition;  and  that  the  court  examine  and 
determine  the  interest  or  title  of  the  trustee  or  trustees  in 
or  to  any  ;uch  property;  and  that  it  be  established  and  de- 
termined that  the  trustee  or  trustees  are  rightfully  vested 
with  the  legal  title  thereto. 

Sec.  2.  The  court  or  judge  shall  fix  the  time  for  the 
hearing  of  said  petition,  and  shall  order  the  clerk  of  the 
court  to  pos-  in  at  least  three  public  places  in  the  county 
a  notice  of  the  filing  of  said  petition,  attached  to  a  copy 
o*  said  petition,  and  order  a  copy  of  such  notice  together 
with  a  copy  of  the  petition  to  be  personally  served  upon 
the  founder  or  founders,  if  living,  and  upon  the  surviving 
wife  or  widow  of  any  founder,  and  upon  any  living  grantor 
or  donor  of  any  other  grant  or  gift  set  out  in  the  petition, 
and    may   order   such    other   or   further   notice    to    be    given 


Act  4165.  J  ;  TRI  .  !«» 

M    the    jodgl     0*    OS -irt    may    doon  -  -li:ill 

i  served  I so  days  !«•  t'->r. ■  tin    bearing. 

Ii    tin-  court  or  judge  finds  soon   the  L.«arin^  that  due  and 

j»r< •: •  ii   provided,  it  shall 

uring    and  web    due    and    prop"  r    ■ 

to  b  l  petition  shall  be  eaj itl« <1 

stantially    in    tin-     following    form: 

In   t  it  of  the  county  of  ,  state 

I  if  o  rain. 

In  i:.         ttcr  of  1       petition  of (giving  the  basm 

or   natnu   in  s  asset 

men!  of  I  md  terms  of,  .-*. t» .  1  for  the    i 

min  thiT 

affecting  trasl 

endowment    and    mainti  t    

•  ■  ■        as  found 
Tin-  the   time   and   piaoe   Hx.-.l   for  the 

tition  and  shall  b<   addressed  to  the  fouj 
■  >r   founder  .  d   to   the   survi'  or   wi.1*  a    of 

,-in\  and   the  living  grantor  or  donor  of  .-my  othei 

it  in  the  petition,  an<l  in  general  terca    to 
.-ill  ol  ber  '-tin.  or  rig 

property  described 

in  the  petition;  and  shrill  direel  that  they  and  each  of  such 

. r  and  ai  petition   on  or  !•.  Core  the 

411.1  ihall  state   that   ui 

■  ,-ir  :ui«l  demnr  <>r  answer,  the  petitioners  will 

\   to  the  court  tn  grant  the  prayer  of  the  petition,  aad 

tl.nt  i  .i.h  person   failing  to  so  appear  aad  answer,  shall  he 

dien  mil  as  true  all  the  material  allegations  of  i h«> 

•  n. 

required  to  b<    Berved,  or  any  other 
interest  by    written    waiver 

tilt  i|  with  the  cl<  rk  of  the  eonrt. 

3.     At.y    person    ii  in    tin-   determination   of 

.-my  of  tin    questions  presented  by  the  petition  may  ilcmnr 

j. •  tition   and    may   -it    up  any    new    natter 

determination    of   any   such    qui  \ny 

the    petition    or   answer   may    l"     made   upon 

irmation  and  belief.     Tin    provisions  of  the  Cod<   of  <'ivil 

Procedun  the    demurrer    aad    the    answer    I 

Bed    complaint,    shall    be    applicabb     to    a  demurrer  or 
ansfi  -i    petition.     Tin-    ;  ■    demurring    to   or 

id    petition    shall    be    the    deteudants    to 


1439  TRUSTS.  Act  4170 

special  proceeding  and  the  petitioners  shall  be  the  plaintiffs. 
Every  material  statement  of  the  petition  not  specifically  con- 
troverted by  the  answer  must,  for  the  pur  >oses  of  said 
special  proceeding,  be  taken  as  true;  and  each  person  failing 
to  answer  the  petition  shall  be  deemed  to  admit  as  true  all 
the  material  allegations  of  the  petition.  The  rules  of  plead- 
ing and  practice  provided  for  by  the  Code  of  Civil  Procedure, 
which  are  not.  inconsistent  with  the  provisions  of  this  act, 
are  applicable  to  the  special  proceeding  herein  provided  for. 

Sec.  4.  Upon  the  hearing  of  such  special  proceeding, 
the  court  shall  have  power  and  jurisdiction  to  examine 
into  and  determine  all  questions  of  law  and  fact  wi 
the  scope  of  the  proceeding  herein  provided  for,  win  tin  r 
presented  by  the  petition  or  answer,  or  by  the  proofs 
upon  the  hearing. 

The  court  shall  find  and  determine  whether  the  notice 
of  the  filing  of  said  petition  has  been  duly  given  for  the 
time  and  in  the  manner  in  this  act  prescribed. 

The  costs  of  the  special  proceeding  may  be  allowed 
and  apportioned  between  all  parties,  in  the  discretion  of 
the  court. 

Sec.  5.  A  certified  copy  of  the  judgment  of  the  court 
in  such  special  proceeding  shall  be  recorded  in  the  office 
of  the  recorder  of  the  county  in  which  the  action  is  brought 
and  in  the  office  of  the  recorder  of  every  county  in  which 
any  of  the  real  property  affected  is  situated. 

Sec.  6.  The  judgment  of  the  court  in  such  special  pro- 
ceeding shall  be  determinative  of  the  terms  and  trusts 
upon  which  any  property  thereafter  given  for  the  benefit 
of  such  institution  or  institutions,  or  any  department, 
thereof,  shall  be  held  by  such  trustee  or  trustees,  unless 
otherwise  provided  by  the  grantor  or  donor  of  such  prop- 
erty. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


TITLE  508. 

TULARE   COUNTY. 
ACT   4170. 

Assessors,    act    fixing   salary    and    bond    of.      [Stats.    1875-6, 
p.   172.] 

Superseded    by    County    Government    Acts,    see    1S97,    521,    535,    sees 
170,    182. 


TLI.  vrY.  Hli 

ACT    4171. 

•'  ho.ilth.  establishing.     [Stal 

I   by  aulx).   20,   b>  • 

ACT    1172. 

■ 

r 
p.  l.-l.| 

fagr    Count) 
Acta,    «--   UtT,   535.    .<t 

ACT    4173. 

of    rrmr*         -        -  leT    an. I      rout  ' 

- 
ACT   4174. 

Publ 

Am.  '  Ml. 

ACT     117.".. 

Ma!  ...  -     - 

la  tn  riff.     [Stats. 

MO. 

ACT    4176. 

Tr:i'. 

JO. 

ACT   4177. 

■j-„  imN  r   of  rior 

p.   61.] 

ACT    1178. 

n  dace    the    number    of    ju ■:..  ..r   court. 

ACT   4179. 

16.] 

i 

ACT    4180. 

diti'hrs    and    water    privil< 

cultural  and   ni'iT 

.  p.   11-. J 


1441  TUOLUMNE    COUNTY— TUOLUMNE    RIVER.     Acts  41S1-41?7 

ACT  4181. 

Concerning'  water    ditches    and    water     privileges     in,     for 

irrigating,  mining  and  manufacturing  purposes.      [Stats. 

1875-6,  p.  547.] 


TITLE  509. 

TUOLUMNE  COUNTY. 
ACT   4186. 

Lawful  fences  in.     [iStats.  1863-4,  p.  475.] 

ACT  4187. 

To   provide   for   care   and   maintenance   of  indigent   sick  of. 

[Stats.  1877-8,  p.  596.] 

Superseded   by  subd.    5,    sec.    25,    County   Government   Act,    1S>'* 

ACT   4188. 

Township  officers,  regulating.     [Stats.  1873-4,  p.  453.] 

Repealed    by   County    Government    Acts,    see    1S97,    474,    sec.    56;    alst 
Code  Civil  Procedure,   sec.  103. 

ACT   4189. 

Salaries  of  certain  officers  of.      [Stats.  1875-6,  p.  45.] 
Repealed    by    County    Government    Acts,    see    1S97,    556,    sec.    197. 

ACT    4190. 

Supervisors,    prescribing    commencement    of    terms.      [Stats. 
1873-4,  p.  154.] 
Repealed   by    County   Government   Act,    1S97,    452. 

ACT  4191. 

Treasurers  of,  bonds  of.      [Stats.    1875-6,  p.   17.] 
Repealed  by  County  Government  Acts,   see  1Sl-7,   475,   sec.  66. 


TITLE    510. 
TUOLUMNE  KIVEB. 
ACT    4196. 

Authorizing     the     construction     of    a     bridge      across    the 
Tuolumne   River  at  Modesto.      [Stats.   1877-8,  p.  455.] 

ACT  4197. 

To  declare  the  head  of  navigation  in.     [Stats.  1854,  p.  203.] 

See    Political    Cade,    sec.    2349. 
Gen.  Laws — 91 


Ac  I*  4202-42U    TURNPIKE    CORPORA1  tTBSD    STATES.        Ml: 

TITLE   511. 

TOBNPIKE  OORPOBAf]   I 

ACT  4202. 

To   auth  of   pl.-ink   or   turnpike   ro;iJ   corpora- 

tions.    |8tats.    1857,   p.    171. J 

DOU    to   act   GJJ.    anU. 


TITLE    512. 
IK  I. Ml. 
ACT   4207. 

Il;  "     Of.       [8  '   12.] 

-nmrnt 
Act   of 


[NOORPOB  \ti:d    t88<  h  I  \ri" 

See 
Co-operallve    Association!;    llii  hanlcs"    InMltut.s 


TITLE  513. 
I  V 
ACT  1209. 

rporatillg    town    of    1'nion.      [St;.-  f,    ~] 

■  ■ 

This    is    now    Areata,    fcn».    109. 


TITLE    514. 

ACT  4212. 

(Hying   the   consent   of  the  tegwlatui  to   th 

purchase    by    the    Unit  land     within     this 

state   for   public    ;  S  352,  p.    149.] 

al   Code,   »•  • 


ACT    4213. 

ting    ri^ht    Of    W«J     to     th.      I'tii1 

from  At;  i  I  acifle.     [  -  i,  p.  150.] 


ACT   1214. 

Providing   for   tin-      relinquishment    to   tin     United    S 
lands   required    for   military 
'■  P-  26.] 


1443  UNIVERSITY    OF    CALIFORNIA.  Acts  4215-4L,;li 

ACT   4215. 

Ceding   jurisdiction   to    the    United   States   over   lands   near 
Lime  Point.      [Stats.  1859,  p.  334.] 


TITLE  515. 
UNITED  STATES  COAST  SUEVEY. 
ACT  4220. 

To  authorize  persons  engaged  in  United  States  coast  sur 
vey  to  enter  upon  lands  within  the  state.  [Stats.  1852, 
p.  147.] 


TITLE  516. 
UNITED   STATES  FLAG. 
ACT   4225. 

To  prohibit   the   desecration  of.      [Approved  March  2,   1899. 
Stats.   1899,  p.  46.] 


TITLE  517. 

UNITED    STATES    SENATOES. 
ACT   4230. 
To    ascertain    and    express    the    will    of    the    people    of    the 

state    of    California    upon    the    subject    of    election    of 

United     States     senators.      [Approved    March    10,    1891. 

Stats.  1891,  p.  46.] 

This  act  provided  for  submitting  to  the  people  at  the  general  elec- 
tion following  the  passage  of  this  act  the  question  of  the  election  of 
United   States  senators   by   direct  vote. 


TITLE  518. 
UNIVEESITY  OF  CALIFOENIA. 
ACT         4239. 

An  act  to  appropriate  the  sum  of  eighty-three  thousand 
eight  hundred  ($83,800.00)  dollars  for  the  use  and  bene- 
fit of  the  University  of  California,  and  specifying  the 
duties  of  the  controller  and  treasurer  in  relation  thereto. 

[Approved  June  14,  1906.] 


Acts  K ■  UNI  :v  '**» 

The  pco|>1o  of  tli.  California,  represented  in  s.  r,*te 

and   a^~'  nil.'  "    WS5 

Beetion    1.     Tho  sum  flirop   thousand,   eight   1  iin- 

dred  ted  out  of 

money  In  tin  sniy,  not  oti>  •  riated,  to 

income         tl      I "•  :     raity   of  Califoi 
lost   throi  nd   nrei  and   to   bi  '   by   th<* 

lifornifl   in   n  si  '  re- 

placing damaged  buildii  rniversity  ..f  California, 

and    in    pi  propi  rtv    be- 

■ 

and   for  • 
,f  the  depai  ta  of  tbe  Univ 

Tho  controll(  r  i-;                                   and  dire<  t<  rl 

,..n%   his    ..  b  to  tbe  ord  ■»  of 

the  treasurer  t  California,  and  the  tn 

ur,  r  ,.•  rach  warrants. 

,    3      j),.  from  the  provisions  of 

indred  ai  the  Political  <  lode. 

ACT  4240. 

To  oreatC   and  organize  the   University  of  California.     [81 

At. 
CS1     n.f     CM      5<    Sl;     M.    33:     I  »i     «.    "'       «* 

tat    If   so.    revlvrrl   and   BM 
art.    IX.    of   (he   constitution    of   1879"-Code    I 

• 

ACT  4241. 

For  the   endowment  of.     [Stats.   1869-70,  p.  to 

Cftl.    Rep.   Clt 

ACT    I 

Permanent  endowment   for.     [Stats  p.  XM.] 

ACT  4243. 

To  provide  for  the  permanent  support  and  improvement 
of  by  the  levy  of  a  rate  of  taxation  and  the  creation 
of'  a  fund   therefor.     [Stats.    1887,  p.  2.] 

ACT  4244. 

additional    support    and    maintenance,    and 
the    acquisition    of    eecessary    property    and    Impi 


1445  UNIVERSITY   OF    CALIFORNIA.  Acts  4245-4250 

ments  for  the  University  of  California,  by  the   levy  of 
a  rate  of  taxation,  and  the  creation  of  a  fund  therefor. 

[Approved  February  27,  1897.     Stats.  1897,  p.  44.] 

Cal.   Rep     Cit.     123,   623. 

ACT   4245. 

To  provide  a  continuous  appropriation  for  the  support  and 
maintenance  of  the  University  of  California,  to  be  an 
item  of  the  general  appropriation  bill.  [Approved 
March  15,  1901.     Stats.  1901,  p.  307.] 

This  act  appropriated   the  sum  of   $200,000  biennially. 

ACT   4246. 

To  grant  to  the  regents  of  the  University  of  California 
the  north  one  half  of  section  sixteen,  township  seven 
south,  of  range  three  east,  Mount  Diablo  meridian,  and 
authorize  the  exchange  thereof.  [Approved  March  16, 
18S9.     Stats.   18S9,  p.   229.] 

ACT    4247. 

To  appropriate  money  to  reimburse  the  university  for  mon- 
eys heretofore  appropriated  to  the  endowment  fund, 
which  moneys  have  been  by  mistake  withheld  there- 
from and  appropriated  to  other  state  purposes,  [Stats. 
1881,  p.  51.] 
Repealed   1893,    77.     See   1899,    93. 

ACT  4248. 

Appropriations  for  the  benefit  of.      [Stats.   1901,  p.   110.] 

This  act  appropriated  $50,000  to  supply  a  loss  in  the  permanent 
fund  to  supply  a  loss  through  a  mortgage  made  to  one  William  C.  Tur- 
ner. 

ACT   4249. 

To  provide  for  the  better  control  of  the  funds  of,  and  for 

the  investment  and  security  of  the  same.      [Stats.  1883, 

p.  54.] 
Cal.    Rep.    Cit.     66,    508. 

Unconstitutional.     (People   v.   Kewen,    69   Cal.    215.) 

ACT  4250. 

To  authorize  the  insurance  of  all  property  of  the  University 
of  California  held  for  purposes  of  income  against  dam- 
ages or  loss.  [Approved  March  20,  1S99.  Stats.  1899, 
p.  152.] 


Acta  4251-1257 


UNIVERSITY    OF    CALIFORNIA. 


ACT  4251. 

Concerning    the     selection     and     sale    of     university    lands. 
[.Sluts.    l>7;;-i,    p,   356.] 
Amended   1SS3.   36. 
This   act   also   related   to  the   determination   of   land   contests. 

ACT    4252. 

Authorizing  the  regents  of  the  state  university  to  hold 
farmers'  institutes,  making  an  appropriation  therefor, 
and  prescribing  the  duties  rrf  the  controller  and  treas- 
urer in  relation  thereto.  [Approved  March  18,  19Uo. 
Stats.    1903,  p.  205.J 

ACT   4253. 

Intoxicating    liquors,    prohibiting    sale    of    within    two    miles 
of.     [Stats.    1878-4,  [>.   12.  ] 

Superseded   by   Penal   Code,    sec.    172,   as  amended    April -3,    I 
Cadlfled    by    amendment   of   Penal   Code.    1905.     See   note    to   S« 
Penal    Code   Supp. 

\CT  4254. 

Appropriating    two    hundred    and    fifty    thousand    dollars    tor 

the  erection  of  buildings  for  the  use  of  affiliated  and 
other  departments  of  the  University  of  California. 
[stats.    L895,   p.   <;:i.j 

ACT    4255. 

To    appropriate    one    hundred    and    twenty-five    thousand    dol- 
lars for  the  erection  of  buildings  for  the  use  of  affiliated 
and  other  departments  of  tne   University  oi  California, 
in  San  Francisco.     [Approved  February  2.'1.,   1 
1897,  p.   14.] 

ACT   4256. 

Concerning  the  medical  department  of.      [Stats.   1881.  p.  2k] 

ACT    4256. 

An  act  authorizing  the  board  of  regents  of  the  University 
of  California  to  exchange  the  tract  of  land  now  consti- 
tuting the  Santa  .Monica  Forestry  Station.  [Approved 
March  80,   1905.     Stats,    L9  15,  p.  369.] 

ACT   4257. 

An  act  to  create  a  department  of  music  in  the  uni\ 

the  state  of  California;  to  provide  a  professorship  oi 
music  and  to  appropriate  money  therefor.  [Approved 
March   22,   1905.      Stats.    1905,   p.   S,1.J 


1446a  VAGRANCY— VALLEJO.  Acts  -ir.S-VJ.;:. 

ACT   4258. 

An  act  providing  for  the  establishment  and  maintenance  of 
a  pathological  laboratory,  for  the  investigation  of  tree 
and  plant  diseases  and  pests,  and  branch  agricultural 
experiment  station,  and  making  an  appropriation  there- 
for     [Approved   March   18,    1905.     Stats.    1905,   p.    249.J 

ACT  4259. 

An  act  authorizing  the  regents  of  the  University  of  Cali- 
fornia to  hold  farmers'  institutes,  making  an  appropria- 
tion therefor,  and  prescribing  the  duties  of  tlie  con- 
troller and  treasurer  in  relation  thereto.  [Approved 
March    18,    1905.     Stats.    1905,   p.    225.] 

ACT    4260. 

An  act  to  establish  and  maintain  a  state  hygienic  labora- 
tory for  bacteriological  and  chemical  analysis  for  the 
use  of  the  state  board  of  health,  providing  for  the  ap- 
pointment of  a  director  thereof,  and  assistants;  making 
an  appropriation  therefor  and  prescribing  the  duties  of 
the  state  controller  and  state  treasurer  in  relation  there- 
to.     [Approved  March   18,  1905.     Stats.   1905,  p.  209.] 

ACT  4260a. 

An  act  providing  for  the  purchase  of  a  university  farm  for 
the  use  of  the  college  of  agriculture  of  the  Universit) 
of  California;  providing  for  the  appointment  of  a  com- 
mission to  select  and  purchase  said  farm,  providing  for 
a  school  of  agriculture  and  a  system  of  instruction  on 
said  farm  and  appropriating  money  therefor.  LAp- 
proved  March  18,  1905.     Stats.  1905,  p.   131.] 


TITLE  519. 
VAGRANCY. 
ACT   4261. 

To  punish  vagrants,  vagabonds  and  dangerous  and  suspicious 
persons,      [Stats.    1855,   p.   217.] 
Amended   1S56,    32;     1863,    1770.     Superseded    by   Penal   Code,    sec.    617. 


TITLE  520. 

VALLEJO. 
ACT  4265. 

Charter  of.      [Stats.  1899,  p.  370.] 
Cal.   Rep.   Clt.     139,   168;     146,    397. 


Acts  42C6-42S1     VENTURA    COUNTY— VETERANS'    HOME.  Hi 

ACT   4266. 

To  incorporate  the  town  of  Vallejo.     (State.  1865*6,  p.   131. J 

■  I   by   the  cl  I,   370. 

ACT  4267. 

To   incorporate.     [State.    1871-2,    p.   506.] 

Am.  •  K.     Su 

;  i 

ACT    4268. 

Vallejo   township   board   of  education,   establishing.     [Stats. 
L873  I.  p.   ICO.] 
Ann  •'..  9. 

Thi-  c."V  comn  of    /*!■ 

by    the   char 
ter  of  that  city.   1WJ. 


TITLE  521. 

VENTURA  I  OUNTY. 

ACT    4273. 

Creating    and    establishing    1  -    of.     [State.    1C71--J. 

- 

4,    chap.   CC1.X1X.     S 
by    Political   Code.   sec.   701 

ACT    4274. 

]    distances,    defining.     [State.    1873*4,   p.    21.] 

Baled   by   Political   Code,   sec.   200. 

ACT    4275. 

Fixing  salaries  of  certain  officers  of.     [Stats.  1873-4,  p.  618.] 

lied    as    to   county    ju  lsis    by    thr   constitution    of    !s;:i.    and   'is 
to  the   other  offices  by   the   County   Government    Acts.     See   1M<7,    452. 

ACT  4276. 

Bonds   of   officers   of.     [State.    1877-8,    p.   334.] 
Repea     .  by  County  Government  Acts,  oc. 


TITLE  522. 
VETERANS'   HOME. 
ACT   4281. 

To  provide  for  the  erection  of  a  modern  hospital  for  the 
veterans'  home  located  at  i'ountville.  [Stats.  1901, 
p.  S23.J 


1447  VETERANS'     HOME.  Acts  42S2-}'j:i3 

ACT   4282. 

To  recognize  the  veterans'  home  at  Yountville  as  a  state 
home  for  the  maintenance  of  disabled  soldiers  and 
sailors  of  the  United  States  and  to  designate  an  officer 
to  receive  money  appropriated  by  the  United  States 
on  account  of  said  home.      [Stats.  1889,  p.  418.] 

ACT    4283. 

To  accept  from  the  veterans'  home  association  the  convey- 
ance of,  and  to  vest  the  title  in  the  state  of  California, 
to  the  tract  of  land  in  Napa  County  known  as  the 
veterans'  home,  with  the  improvements  and  furnish- 
ings thereon,  to  make  the  same  a  state  home  for 
United  States  soldiers,  sailors,  and  marines,  and  to 
provide  for  the  government  thereof  by  the  state.  [Ap- 
proved March  11,  1897,  Stats.  1897,  p.  106.] 
Amended    1903,    321;     1905,    471. 

ACT  4284. 

Authorizing  associated  veterans  of  Mexican  war  to  exchange 
lands.      [Stats.  1871-2,  p.  363.] 
Amended    1881,    66. 

ACT    4285. 

To  authorize  directors  of  the  veterans'  home  association 
to  exchange  certain  lands  in  San  PVancisco  for  cer- 
tain other  property  belonging  to  said  city  and  eounty 
or  for  a  lease  of  said  property.      [Stats.   1891,  p.   184.] 

ACT   4286. 

Appropriation   for   support    of   indigent   persons    residing   in 
veterans'  home.      [Stats.   1883,  p.  55.] 

Amended  1887,   6;     1893,   214;     1SG9,   147;     1901,  275;     1905,  191. 

ACT  4287. 

To  enable  any  county,  city  and  county,  city,  or  town  to 
lease  property  to  any  association  of  veteran  soldiers, 
sailors,  or  marines.      [Stats.  1897,  p.  113.] 

ACT   4288. 

Authorizing  the  state  treasurer  to  pay  over  to  the  treas- 
urer of  the  veterans'  home  association  moneys  received 
by  him  under  an  act  of  congress.     [Stats.  1895,  p.  26.] 

ACT   4289. 

An  act  to  authorize  and  provide  for  the  transfer  of  the 
Veterans'    Home   of    California,   its    property,     manage 


Acts  -42:-0-12:<3,   §§  1,  2    VETERINARY    SURGERY.  U4S 

nunt,  control  and  support  to  the  government  of  the 
United  States,  its  officers  and  authorities,  to  be  con- 
ducted as  a  national  home  under  Bueh  laws  as  now  ex- 
ist or  which  may  hereafter  be  enacted  by  congress;  and 
for  the  conveying  of  the  property  of  said  home,  both 
real  and  personal,  bi  longing  to  the  State  of  Califor- 
nia, situate  In  Napa  Connty,  to  the  government  of  the 
United  states,  for  Bnch  purpose.  [Approved  March  20, 
1905.     stats.  1905,  p.  195.] 

ACT   4290. 

An   act    authorizing  the  directors  nf  the  Veterans'  Home  of 
California    to    purchase   and    take   over,   for   the    State   of 

California,  to  be  need  and  ooatr*Ued  by  said  hoard  in 

the  int.  rests  of  the  Veterans'  Home  of  California,  a 
certain  piece  at  land  adjoining  the  premises  of  the 
said  Veterans'  Home  of  California  in  the  county  of 
Napa,  and  appropriating  the  sum  of  three  thousand  dol- 
lars to  pay  for  the  purchase  of  the  same.  [Approved 
March    18,*  1905.     St  its.    1406,  p.   167.] 


TITLE    523. 

VETEBINABY   SI* RGERY. 
ACT    4293. 

An    act    entitled    an    act    to    regulate    the   practice   of  veteri- 
nary medicine  and  surgery  in  the  state  of  California. 

[Approved    March   2?.,   1893.     Stats.   1893,  p.  289.] 
Amended   1903,   258. 
Section    1.     It   shall   be   unlawful    for   any   person   or   per- 
sons   to    practice    veterinary    medicine    and    surgery    in    the 
state    of    California    without    having    previously    obtained    a 
diploma    from    a    college    duly    authorized    to    grant    such    to 

students   in   veterinary   medicine   and   surgery,   or  to   those 

who  have  passed  satisfactory  examination  1>.  fore  the 
state  veterinary  medical  hoard,  as  hereinafter  provided 
for;  provided,  that  nothing  in  this  act  shall  prevent  the 
medical  or  surgical  treatment  of  stock  by  the  owners  or 
mployees  of  owners,  or  by  neighbors  who  do  not  as- 
sume to  be  practitioners  of  veterinary  medicine  or  sur- 
gery.  [Amendment  approved  March  20,  1908.  Stats.  1903. 
p.  258.] 

Sec.    2.     1.  This    board    of    examiners    shall    be    known    as 
the    state    veterinary    medical    board,    and    shall    consist    of 


1149  VETERINARY    SURGERY.  Act  4203,  §  §  3,  4 

|iye  duly  qualified  practitioners  in  veterinary  medicine 
ami  surgery,  whose  duty  it  shall  be  to  carry  out  the  pur- 
poses and  enforce  the  provisions  of  this  act. 

2.  The  members  of  the  state  veterinary  medical  board 
shall   be  appointed  by  the  governor  of  the  state. 

3.  The  board  so  appointed  shall  hold  their  offices  for 
four  (4)  years,  and  the  compensation  of  each  member  of 
said  state  veterinary  medical  board  shall  be  five  dollars 
per  diem,  exclusive  of  all  necessary  expenses  while  actually 
engaged  in  the  duty  of  their  office  at  the  meetings  of 
said  board. 

4.  A  meeting  of  the  state  veterinary  medical  board 
shall  be  held  at  least  once  in  every  six  months  after  the 
appointment  of  said  board  by  the  governor  of  the  stato 
of  California,  such  meetings  to  be  held  alternately  in  San 
Francisco  and  Los  Angeles. 

5.  Three  members  of  the  state  veterinary  medical  board 
shall  constitute  a  quorum. 

6.  Said  compensation  to  be  paid  out  of  the  fees  and  pen- 
alties received  under  the  provisions  of  this  act,  and  no  part 
of  the  salary  or  other  expenses  of  the  state  veterinary 
medical  board  shall  be  paid  out  of  the  state  treasury. 

7.  All  moneys  received  by  said  state  veterinary  medical 
board  as  such  fees  and  penalties,  in  excess  of  the  com- 
pensation and  expense  of  the  state  veterinary  medical 
board,  shall  be  annually  paid  into  the  state  treasury,  and 
become  a  part  of  the  general  fund  of  the  state. 

Sec.  3.  1.  Said  state  veterinary  medical  board  shall 
examine  all  diplomas  as  to  their  genuineness.  Each  ap- 
plicant not  holding  a  diploma  shall  submit  to  a  theoretical 
and  practical  examination  before  the  state  veterinary 
medical  board;  said  examination  to  be  written  or  oral,  or 
both,  and  sufficiently  strict  to  satisfy  said  board  that  the 
applicant  is  competent  to  practice  veterinary  medicine  and 
surgery. 

2.  An  examination  fee  of  five  dollars  shall  be  paid  to  the 
state  veterinary  medical  board  by  the  holder  of  a  diploma, 
and  ten  dollars  by  an  applicant  not  holding  a  diploma; 
said  money  shall  be  paid  by  the  applicant  before  examina- 
tion. 

3.  In  case  of  failure  of  approval,  said  fee  shall  be  for- 
feited to  the  state  veterinary  medical   board. 

Sec.  4.  All  examinations  of  persons  not  graduates  shall 
be  made  directly  by  the  state  veterinary  medical  board, 
and    the    certificates    given    by    said    board    shall    authorize 


4U3t4ttt.il  VETERINARY     SURGERY. 

licine   and   but 

in  t  •"  ( *.-■  T  i  f . . r -  ma  of  ungrad 

• 
a     hundred     and     three;     aft<  r 

•     ■       |    • 
•    r.  (I      eoll 

[Ai: 

01    upon    np- 
proi 

all    grant    him    or    b<  r    ■    li 
■     this   ita 
■liars;    laid    It'  y    a    ma 

of    tl 

shall,    u]  to    practice,    I 

license  prominent^ 

thereof  shall  be  in".  .1  in  tbi  :•  rk  of  t 

in    vrhiefa 

ti   like  manner  in 

thfl     COni  •  |)  r     shall 

to  tl 

holding  such   lien 

nently    display    in 

with  I 

aft.  r 
DO 

-  t.  r 
•  .  ■ 

ior  such   failure,  a 

shall       b 

rinary    medicii 

this    act,    Who    shall     hi  '1    a     1 :.  • 

ti-.  •       Bat  nothing  in  this 

robibit    members   of   ti  ,u    from    pre- 

scribing  for  d  knimals  in  cast   "f  < 

looting  a    fe<    therefor,   nor   to   pro  oil 
in    ai  <<vr    prevt  nt    any    , 

rinary   medicim    or  surgery  on  any  animal  belonging 
himself    or    In  r8(  if.      A  I 

■  veterinary  surgeons  in  I  nay. 

>.     Any    person    practicing    veterinary    medicine     >r 

surgery   in  tbil  intrary   t  -  act 

shall    be, guilty    of    s    misdemeanor,    the  iiich 

shall  be  a   fiat    of   n  indred    <l.>llara   ^j-: 


1451  VISA  LI  A— VITICULTURE.  Acts  4298-4307 

nor  more   than  five  hundred   dollars   ($500),  or  by  imprison- 
ment of  not   exceeding  six   (6)    months,   or  by  both. 

Sec.   9.     This  act   shall   take   effect   sixty   days   from   and 
after  its  passage. 


TITLE  524. 
V1SALIA. 
ACT   4298. 

Incorporating,    and   providing    for     public     schools     therein. 
[Stats.    1873-4,    p.    171.] 
Amen-ded    1875-6,    119.     Superseded    by    incorporating,    in    1900,    under 
statute   of   1SS3. 

ACT  4299. 

[Quieting   title    to   town   lots   in.     Stats.    1877-8,    p.    363.] 


TITLE   525. 
VITICULTUKE. 
ACT    4304. 

To  define  and  enlarge  the  powers  and  duties  of  the  state 
viticuitural  commissioners,  to  authorize  the  appointment 
of  certain  officers,  aud  to  protect  the  interests  of  horti- 
culture and  agriculture.      [Stats.   1881,  p.  51.] 

Enlarged    l!>S5,    9.     .Repealed    1895,    235. 

Unconstitutional   in  part.     (Ex   parte   Cox,    63   Cal.    2L) 

ACT  4305. 

To    enlarge    the    duties    of    the    board    of    state    viticuitural 
commissioners.      [Stats.    1885,   p.    9.] 
Repealed    1895,    235. 

ACT  4306. 

For    the    promotion    of    the    viticuitural    industries    of    the 
state.      [Stats.    1880,   p.   52.] 

Enlarged  1SS1,    51;   1885,   9.     Repealed  1895,    235,    chap.    CLXXXIX. 

This  act  provided  for  the  creation   of  viticuitural  districts  and  the 
appointment   of   viticuitural   commissioners. 

ACT  4307. 

An  act  for  the  protection  of  the  viticuitural  interests  of  the 
state,    and    making    an    appropriation    therefor. 

[Approved    March    26,    1903.     Stats.    1903,    p.    522.] 


:'1"-  55  1-3  TPHCtrUI  1133 

•  '.  d   in   ROMlk 
and  assrmhly.  d«  •n:i<t   as   foHC 

its    and    tlio    pTesicfofrt    of    the    Uni- 
on     hi  r.-l.y    din  ct<  d     t"  •    !■•• 

i    with   all    possible   diligence,   in   connection    with 
an. I  in   addition   to  tin-  work  her.  tofore  carried  on   by  the 

ri mental   ami   reaeareta 
.  including  both  eulturaJ  an.! 

indm  ,•,,  y    are    ■  1 1  r-  .  t<  .1    to    ascertain    the 

I  •  i  :»l 

climal  i     and  .   with    thi 

.    -■  -dist- 
ant   •  and    t.i    further    their   art  was  ability 

For    producing   wine,   raisin 

and     •  .  - ,  .  rt :  i  in     thr     ' 

\%  aud   vines, 
ther   with  important    method*   •■!    rinifleation 

.  manufacture  and  ap] 
in   vlniflcatioi  nation,  further  directed 

tu    report    upon    th<  on   ol    the    by-produeti  ol    the 

vim  yard  and  a  in<  ry,  I  at  ol   the  %  ins 

i  md    all    i  ippertaining    to    the    viticulturaJ 

conduct   oi    tin-    liuui- 
ii   public   nit.  c  and 

j.rniit,      i  -iirthi  r  d  •  pnbJneh   the  reauJl 

iii     forej    "1"    bulletins 
from    tunc    to   time, 
than    two    bulletin!  _    th<     progress    and    reault    of 

rk.  shall  1..    i-  \   fiscal 

I   dollars    ($3,000)   is 

hereby  a]  money  in  the  treasury  dot 

otherwise    appropriated,  carrying    into 

eff<  i't    the   pn  to    I"-    paid 

tu    t  the    Unh  California,   to   I" 

.in    thr..  kgri  cultural    departmenl 

inn  eraity    dm  rs    b(  ginning    .Inly    1, 

mptroller  of  (         tate  is   hereby    din  cfc  d    t>> 

warranl    for  Buch   payn  brj    said 

i    difornia,    and    the 
h  reby  iiir.  cted  t..  pay  I 

and  be  iu  fores  from 
and  atur  iis  | 


1452a  WAGON-ROAD     CORPORATIONS.  Acts  4312-4319 

TITLE  526. 
WAGON-ROAD  CORPORATIONS. 
ACT   4312. 
To    provide    for    the    formation    of.     [Stats.    1853,    p.    114.] 

Amended   1856,    71. 
Cal.    Rep.    Cit.     122,   338. 

This  act  was  repealed  by  the  later  act  of  March  12,  1862,  Stat? 
1853.  p.  169.  in  regard  to  the  formation  of  wagon-road  corporations, 
being  Inconsistent  with  it.  See  People  ex  rel.  Waugh  v.  Auburn  etc. 
Tp.   Co.,   122  Cal.   335.     See  note  to  act  632,   ante. 


1TTLE  527. 
WAREHOUSES. 
ACT  4317. 

To    authorize    the    keepers   of   warehouses    to    sell    goods   on 
storage   after  a  certain   period.      [Stats.    1851,   p.   170.] 
This  act   is   probably   superseded   by   the   provisions   of   the   code   re- 
lating  to   storage.     In   the   absence   of   positive   legislation,    it   is    difficult 
to  determine  what,  if  any,   part  of  it  is  in  force. 

ACT   4318. 

Relating    to    warehouse    and    wharfinger    receipts    and    other 
matters  pertaining  thereto.      [Stats.  1877-8,  p.  949.] 

This  act  appears   in  full  in   Civil   Code   Appendix,   p.   778. 

Codified   by    amendments   of    Civil    Code,    1905.     See    note    to    §    1S5S, 
Civil   Code. 

See   post.    Act   4319. 

ACT  4319. 

An  act  concerning  warehouse  receipts,  and  the  issuing,  sale 
and  transfer  thereof,  and  the  sale  of  goods,  wares  and 
merchandise  stored  in  public  or  private  warehouses  in 
other  state. 

[Approved  March  20,  1905.     Stats.  1905,  p.  322.] 

Section  1.  That  it  shall  be  unlawful  for  any  corporation, 
firm  or  person,  their  agents  or  employees,  to  issue,  sell, 
pledge,  assign  or  transfer  in  this  state,  any  receipt,  cer- 
tificate or  other  written  instrument  purporting  to  be  a 
warehouse  receipt,  or  in  the  similitude  of  a  ware- 
house receipt,  or  designed  to  be  understood  as  a  ware- 
house receipt,  for  goods,  wares  or  merchandise  stored  or 
deposited,  or  claimed  to  be  stored  or  deposited,  in  any 
warehouse,  public  or  private,  in  any  other  state,  unless  such 
receipt,  certificate  or  other  written  instrument,  shall  have 
been  issued  by  the  warehousemen  operating  such  warehouse. 


Act  4323  WARM    SPRINGS    CREEK. 

Sec.  2.  H  Bhall  bo  unlawful  for  any  corporation,  firm  or 
person,  tin  ir  agents  or  employees,  to  issue,  sell,  pledge,  as- 
sign or  transfer  in  this  Btate,  any  receipt,  certificate  or  other 
writt.n  instrnmenl  urea  or  merchandise  claimed 

to  be  stored  or  deposited,  in  any  warehouse,   public  or  pri- 
vate,   in    any    othei  knowing   thai    there    is   no   Bucb 
warehouse  located  at  the  place  Darned  in  Buch  receipt,  certifi- 
cate or  other  written  instrument,  nr  if  there  be  a  wan  I 
at  such   place,   knowing  that    1 1 . -  r     are   do   goods,   wares 
merchand                 I  or  deposited  therein  at 
report,  certificate  or  other  writt.n  instrument, 

Sec.  :!.  It  shall  1"-  unlawful  for  any  corporation,  firm  or 
person,  their  H,  pl<  dgi  . 

.a   or   transfer,   in   I  any   receipt,  certiiical 

other   written    instrnmenl    evidencing,   or   purporting  to   evi 

'li  m'p,  the  sale,  pledge,  mortgag<    or  bailment  of  any  g Is, 

wares  or  merchandise  stored  or  deposited,  >>r  claimed  to  i>  ■ 
stored  or  deposited,  in  any  warehouse,  public  oi  private,  in 
any  other  state,  unless  such  -  ,,r  other  writ- 

ten  instrument  shall  plainly  Dumber  ami  loca- 

tion <>f  sueh  warehouse,  and  shall  also  set  forth  thereto  a 
full,  true  and  complete  copy  of  the  receipt  issued  by  the 
warehouseman  operating  Buch  wareho  n  such  goods, 

wares  or  merchandise  are  stored  "i  deposited,  nr  are  claimed 
to  be  stored  or  deposited,  Provided,  that  the  provisions  of 
this  section  Bhall  not  apply  to  ti,'  j,  Bale,  pli 

nt    or    transfer   of    bona    fide 
sued  by  the  warehouseman  public  or  bonded  ware- 

houses  in  other  states,  according  to   the   laws  of  the  il 
wherein  sueh  warehouses  may  be  local 

;.     Kv,  ry  corporation,  firm  or  pc  i 
ployi  •  .    who   -i, all    knowingly   Vio  I    the    provisions  of 

this  act,  shall   In'  d  inor,  an.l   upon 

Conviction    thereof,  fined    in    any    sum    not    less    than 

fifty    nor    more    than    one    thousand    dollars,    to    which    may    be 

added  imprisonim  nt   in  the  county  jail  fur  any   period  not 

six    months. 


TITLE  528. 
WARM    SPRINGS    CHI 
ACT  4323. 

;.  clare   as  its.    L87  1-l',  p.  307.] 

Th.  •!".••    act:    "Probably    rt  inaJeJ    by 

Poiltu  d«d  Ittl." 


1453  WARRANTS— WATER    COMPANIES.  Acts  4328-4115 

TITLE  529. 

WARRANTS. 
ACT  4323. 

To  provide  for  the  payment  of  the  controller  of  state's  war- 
rants, which  have  been  lost  or  destroyed  previous  to 
payment  by  the  state  treasurer.     [Stats.  1891,  p.  294.J 


TITLE  530. 

WASHINGTON  TOWNSHIP. 
ACT  4333. 

Yolo     County,    hogs     and     goats    in    Washington    Township. 
[Stats.   1875-6,  p.   800.] 
Superseded  by  1897,   198. 


TITLE  531. 

WATER   COMMISSIONERS. 

The  Political  Code,  sec.  19,  continued  in  force  all  acts  creating  or 
regulating  boards  of  water  commissioners  and  overseers  in  the  several 
townships  or  counties  of  the  state.  For  the  act  governing  in  any  par- 
ticular township  or  county,  see  the  particular  title.  See,  also,  acts 
1364,    4365. 


TITLE   532. 
WATER  COMPANIES. 
ACT    4343. 

For  the  incorporation  of  water  companies.     [Stats.   1858,  p. 

218.] 
Amended   1S61,    228. 
Cal.    Rep.    Cit.     105,    155;     105,    160. 
See  note  to  act  632,   ante. 

ACT   4344. 

To     provide     for     the    incorporation    of     water    companies. 
[Stats.   1852,  p.   17L] 
See  note  to  act  632,   ante. 

ACT    4345. 

For    the    protection    of    water    companies.     [Stats.    1861,    p. 

533.] 
This   act  provided  a  penalty   for   injuring,    defrauding,    etc.    It   was 
superseded  by  Penal  Code,  sees.  499,  592,   607,  625. 


W  IWNIES.  I4M 

ACT    1316. 

Autl  rata  fix  water  rates.     [Stats. 

.   p.   16.] 

■ 

MS 
In   lull   In   App*nllx  to   Civil   Code.   p.   7J7. 

ntrnlling  the   ««al<'.   nntal   and    distribution 

ipproprial  r   In   this  itate  other  than   in  any 

i  innty,  i»r  town   thtnin.  and   to  aBcnra 

•  15,   !'.  05,] 

HO.   313:    139.  ». 
This  :n  full  In  the  c: 

ACT   4348. 

An  ■     council, 

I    of    aldermen,    or    other  body    of    any 

oi    town  >lata    and    in- 

u,    ii.. in                rporal  <  ompany,  or    j  • 

-       h    city   and    county,   city,   <>r    t..\vn, 

h    boards,    town    council,   or   other    l( 
■  p.  rform    th<    dutii  i    pn  scribed    I 

•mii,    an.i    pre- 
l lie   non-performance   of  such   du- 

[  Appro         "  "  P.  14.] 

In    part.     <Kltch    r.    6u;«t\  l»..r«.    123    Cal.    2*5) 

Municipal  corporal  water  i 

ml  of  bu]  town  council, 

OT  body    of    any     city    and 

•  by  authorized  and  <  a 

and  official    duty,    to    annually    fix    I 

an. I   colli  et<  d    by   any    paraon, 
pan;..  irporatfoa,  r  furnished  to  any 

or  city.  ..r  town,  <>r  the  inhabitants 
ill    b(    fixed  t   or   six 

h   board  or  ot  her  i  eld   during 

I     nth   of    February   ol    « • : t o 1 1   year,   and   shall   tal 
i.n    '  ifter,    and    shall    continue    in 

lull  force  and  i  tlic  tern 


1456  "WATER   COMPANIES.  Act  4348,  §§  2-5 

Annual  statements  to  be  made  by  water  companies,  etc. 

Sec.  2.  The  board  of  supervisors,  town  council,  board 
of  aldermen,  or  other  legislative  body  of  any  city  and 
county,  city,  or  town,  are  hereby  authorized,  and  it  is 
hereby  made  their  duty,  at  least  thirty  days  prior  to  the 
fifteenth  day  of  January  of  each  year,  to  require,  by  ordi- 
nance or  otherwise,  any  corporation,  company,  or  person 
supplying  water  to  such  city  and  county,  city,  or  town,  or 
to  the  inhabitants  thereof,  to  furnish  to  such  board,  or  other 
governing  body,  in  the  month  of  January  in  each  year,  a 
detailed  statement,  verified  by  the  oath  of  the  president 
and  secretary  of  such  corporation  or  company,  or  of  such 
person,  as  the  case  may  be,  showing  the  name  of  each 
water-rate  payer,  his  or  her  place  of  residence,  and  the 
amount  paid  "for  water  by  each  of  such  water-rate  payers, 
during  the  year  preceding  the  date  of  such  statement,  ami 
also  showing  all  revenue  derived  from  all  sources,  and  an 
itemized  statement  of  expenditures  made  for  supplying 
water  during  said   time. 

Additional  statement.    - 

Sec.  3.  Accompanying  the  first  statement  made  as  pre- 
scribed in  section  two  of  this  act,  every  such  corporation, 
company,  or  person  shall  furnish  a  detailed  statement,  veri- 
fied in  like  manner  as  the  statement  mentioned  in  section 
two  hereof,  showing  the  amount  of  money  actually  expended 
annually,  since  commencing  business,  in  the  purchase,  con- 
struction, and  maintenance,  respectively,  of  the  property 
necessary  to  the  carrying  on  of  its  business,  and  also  the 
gross  cash  receipts  annually,  for  the  same  period,  from  all 
sources. 

Refusal  to  make  statement  a  misdemeanor. 

Sec.  4.  Every  corporation,  company,  or  person  who  shall 
refuse  or  neglect  to  furnish  the  statements  mentioned  in 
sections  two  and  three  of  this  act,  or  either  of  them,  or 
who  shall  furnish  any  false  statement  in  relation  thereto, 
within  thirty  days  after  having  been  required  or  requested 
to  furnish  the  same  as  prescribed  in  sections  one,  two,  and 
three  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor. 

Copy  of  statement  to  be  filed. 

Sec.  5.  Upon  receiving  the  statements  provided  for  in 
sections  two  and  three  of  this  act,  the  board  of  super- 
visors, town  council,  board  of  aldermen,  or  other  legislative 
body,   shall   cause   a  copy   thereof  to    be   made   and  filed  in 


Act  4352  WATERS.  l*M 

the  office  of  the  county  recorder  of  such  city  ami  county,  or 
of  the  county  wherein  such  city  or  town  is  situated. 

ial. 
S.  .•.    fl  furnishing    of     water     shall     be 

equal     and     uniform.     There     shall     be     no     discriminations 
made    between    p<  ■  none   and    nir; 

tions,   or  as    to    the   use   of   water   for   private    and   domestic, 
and    pnblie   or   municipal    p  .    provided,   that    nothing 

herein   ■hall   be  so  con-  i  allow  any  eom- 

pany,  tion,   i>r  o    to    charge    any    pei 

corporation,    or   association    anything    for   water   Cum 

in]. any,  association,  or  corpora- 
tion charging,  or  attempt  •  -ons, 
corporations,    "r    municipalities    using     water,    any    sum    in 

I    i.f    tli.-     ra'  1 1 .  r-  i  n I •  •  .    .-I. all, 

u|Min    the    complaint    of    said    board    of  rs,    to  m 

council,    board     of     aldermen,     or     ol  dody 

thereof,    or    of    any    wat  and    ujioii    conviction 

■  ii rt    of    competent    jurisdiction,    shall     forfeit 

any, 
asso.  tion    to    thi  :nty,   city   or 

rein  th<  said  water  is  Curnisbed  and  ni 

Penalty  to  supervisors  uegl<  ree  act, 

B.     Any    board  of    aup<  nrisors  or    other 

body    Of    any    city    and    county,    city    or    town    which    shall 
:  .  rform  i    by 

this  aet,  at   t  -,d  in  the  manner  *  el- 

med  guilty  of  mail  .  and 

apoi  ii   1 1..  r.  •  >I .  at  the  suit  of  any  int-  arty, 

in    any    court    of    competent    jurisdiction    shall    be    renin 
from  i 

This   aet   shall      take   effect  and  be   in  f©TC< 
and  after  the  date  of  it> 


TITLE  533. 
W 
ACT   4352. 

An   act    to    provide    for   the   joint    investigation    with    the  fed- 
eral gov.  rnn  ■  .  and 


1466a  WATERS.  Act  4352,  §  1 

the  best  methods  of  preserving  the  forests  thereof;  and 
to  make  an  appropriation  for  the  expenses  of  such  in- 
vestigations. 

[Approved  March  18,   1905.     Stats.   1905,  p.   152.] 

Section  1.     The  state  board  of  examiners  are  hereby  em- 
powered  to    enter   into    contracts    with    the    director   of   the 
Unit'ed  States  Geological  Survey  for  the  purpose  of  making 
topographic   maps  to  the   extent  of  thirty  thousand  dollars; 
also  for  the  purpose  of  gauging  streams,  determining  under- 
ground  water   supplies,   surveying   reservoir   sites   and   canal 
locations,  for  the  conservation   and  utilization  of  waters  of 
the    state,    to    the    extent   of   twenty   thousand   dollars;    also 
for   the   purpose   of  investigating  the   economic   quality  and 
purity  of  the  water  of  the  state,  to  the  extent  of  one  thou- 
sand   dollars,    provided,    no    work    of    the    nature    heretofore 
stated  shall  be  done  where  the  same  will  interfere  with  the 
water  alreadj'  appropriated  or  in  reservoirs  or  now  in  use  for 
irrigation  purposes,  or  domestic  purposes,  under  the  laws  of 
this  state;  also  with  the  ""chief  of  the  Bureau  of  Forestry  of 
the  Department  of  Agriculture  for  the  purpose  of  studying 
the  forest  resources  of  the  state  and  their  proper  conserva- 
tion,  and   especially  with    a  view  of  formulating    a  proper 
state  forestry  policy,  to  the  extent  of  ten  thousand  dollars; 
also  with   the  director  of  the  Office  of  Experiment  Stations 
of  the  Department  of  Agriculture  for  the  purpose  of  ascer- 
taining   the    best    methods    of    distributing     and    using    the 
water,  to   the  extent    of    fifteen  thousand  dollars,  provided, 
however,  that  these  expenditures  for  such  purposes  shall  not 
be  in  excess  of  the  amounts  to  be  expended  by  the  various 
departments     of    the     federal     government    in    collaboration 
with  the  specific  work  named  above;   and  provided  further, 
that  in  case  any  of  the  departments  of  the  federal  govern- 
ment above  mentioned  do  not  contribute  these  funds  for  said 
co-operation,   that   the  state   board   of   examiners  shall  have 
power  to  enter    into    such    contracts    as    may    seem  best  to 
them   with    the    lawfully   authorized  representatives  of  any 
of  the   departments   of  the   federal   government  for   the   ex- 
penditure  of  said  remaining  balance;   and  provided  further, 
that  said  last-mentioned  expenditure  for  such  purpose  shall 
not  be  in  excess  of  the  amount  to  be  expended  by  that  de- 
partment  of   the   federal   government   in   collaboration   with 
the  state. 

Sec.  2.     In  order  to  carry  out  the  purposes  of  this  act,  any 
person   or   persons   employed     hereunder   are     authorized     to 


■0-4356  WAT  MM 

r  and  oross  .-ill  lands  within  this  atase;  provided,  in  so 

ia  do*e  t«>  private  prsysrtyi  it  shall  ).«•  a 

lemeanor,  punishable  as  provided  in  such  eases,  f..r  any 

-   persona  to   willfully  and  msiicieaa  or 

any  permanent  marks  or  monuments  made  or  erected 

by  anj  such 

Nm  sum  of  s,  v.  nty  six  thousand  dollar 
:il'l •■"  for  the  purpoeea  apeeined  in  this  act,  arid  the 

■  .1  and  directed  to  draw 

b  fund  from    tint.-  t<»  time,  upon    the   r. 

tion    of  thr   -  miners  and  f 

ted  an, I  directed  to  pay  BUCh  warrants; 

bali  ad  the  appropriation  berefn  shall  be  avail" 

able  '"  the  i  th  Isaal  year,  an.i  the  remaining  one 

nab  appropriation  shall    be  available   in   thr'   fiftv 

•  reap*    that    one    ball    the    funds    Pot 

DM*  .rai.l, i,'     maps     shall    be    available     during    the 

following   the   pa  I    this 

art.  and  the  retnsrfnjng  one  half  of  this  fund  shall  ho  avail- 

twelve  swathe  following  th< 
of  t hi 

by  m.ado  the  duty  of  the  aurvqyi 
.  ral  and  the  engineer  of  the  boarti  ..f  pnbHe  w..rks  ■ 

board,  of  exai 

in  further  ... 

This  art  shall  take  effect  and  1>.  n  and  after  the 

:    t 

To  prevent  obstructions  in  navigable  atreams,     [Stats.  1850, 
p.    l« 

HI,   611,    a-'i  1   Political   Code,   see.  Z3M. 
ACT    1354. 

Por  the  pi  harboi  -       p.  224.1 

«  or  be&oona  and   th.-   throw- 
iii    part    by    the   act   of   1K7I- 
i  .  aeca.  «is. 

ACT    I 

Fixing    and    detning    a    miner's    inch    ..f    water.      |  Approved 

i    LW1,  p.  d<u>.] 
ACT    1356. 

Artesian    wells,    regulating    use    of,    and    preventing    waste 
of  aubterrani  Stats.   1S77-8,  p.   195.] 


1407  WATERS.  Acts  4357-43K2 

ACT  4357. 

To   ckolar-e   navigable   a   crook   in   sections   35   and   36,   town- 
ship   3    south,     range    3     west,     Mt.     Diablo     meridian. 
[Stats.   1867-8,  p.   4m>.] 
This  act   declared  a  certain   creek   in  Alameda   County   navigable. 

ACT  4358. 

To   declare  navigable  a  creek  in  sections   35   and   36,  town- 

1851,    p.    h22.J 
Cal.    Rep.    Cit.     79.    349. 

This  act  declared  certain  parts  of  the  following  streams  navi- 
gable San  Jose  de  Guavlalupe,  Petaluma  River,  Sonoma  River,  Napa 
River,  Suisun  River,  Sacramento  River,  Feather  River,  Yuba  River, 
San  Joaquin  River,  Stockton  Slough,  Mokelumne  River,  Tuolumne 
River,  Deer  Creek,  and  American  Fork.  Substantially  incorporated  In 
Political  Code,  sec.  2349,  with  the  exception  of  the  San  Jose  de  Guade- 
lupe  and  the   American   Fork. 

ACT  4359. 

Declaring    a    certain    creelc    in    Washington    Township,    Ala- 
meda  County,   navigable.      [Stats.   1871-2,   p.   307.] 
Probably  repealed  by   Political   Code,   sec.   2349,   as   amended   1S91. 

ACT  4360. 

Alameda     County,    navigable     streams    in.      [Stats.     1867-8, 
pp.   486-680.] 

This  act  applied,  amongst  others,  to  San  Leandro  Creek  and  John- 
eon's  Creek. 

Particular    streams,    navigability    of,    see    particular    title. 

ACT  4361. 

Authorizing  the  boards  of  supervisors  of  the  several  coun- 
ties of  this  state  to  declare  innavigable  streams  high- 
ways for  the  floating  of  logs  and  timber,  and  provide 
for  the  improvement  and  use  of  the  same.  [Approved 
March  7,  1889.  Stats.  1889,  p.  85.] 
Repealed  by  sec.   25,    County  Government  Act,   1897,   457. 

ACT  4362. 

To   authorize   the   board   of  supervisors   of  the   several   coun- 
ties in  this  state   to   grant  franchises   and  privileges  to 
corporations,    associations,     or     individuals.      [Approved 
March  3,  1881.     Stats.  1881,  p.  25.] 
Superseded  by  subd.   35,    sec.   25,    County   Government  Act,    1897,   466. 

Kepealed  1901,   265. 

This  act   authorized   supervisors  to   grant  privileges  to  build   booms 

lo   hold   logs    and    timber. 
Gen.  Laws— 92 


■?,.  4364.   {  1  WATERS.  U  M 

ACT  4363. 

An    ul    to    provide    for    the    location    of   tow-paths   along   the 
brinks    oi    navigable   streams. 

[Approved   April    i,  18'  t8.   1871-2,  p.  940.  J 

Authority   giv<  n. 

1.      The    > ■•  ■  ■  i r.  1    of    supervisors    of    each    county    in 

may,  when   public  eonvenii  nee   Pot  the  purpose  of 

rt  quirt  sit,  I,.     I, ..-at.  d    and    op<  ned    a 

tow-path,  not  exceedii  •   in  width,  along  the  bank 

•r   brinks  of   any    navi.  mi    within    the   county. 

Yb  v. 

In  order  to  locate  and  open  such  tow-path,  the 

"'.    view  -  -hall 

be   taken   as  are   now   by   law  required   to  be  taken   in   the 
counties  of  'his  state  tor  the  purpose  of  locating 
ami  opening  public  roads  and  highway 

S,  a    ■"■.     Th(  nv    lan.l    over   which    a 

t.iu  path  shall  be   located  and  opened  shall  not  be  deprived 

of  tlo    w at'  r  fronl  and  enjoymei  I 

any  land  I  only  to  tin-  right  of  the  public 

to    use    the    Bame    for    the    purposes   of    conn: 

-    ...     I.      It    shall    not    1"     •  :..    SOSUtlUCt    or    main- 

t . i i 1 1  ■    either  Bide  of  anj    tow  path  so  located,  but 

the    board    of  ra    may    make   all    necessary    rubs   and 

regulations    for    t.  ment    ami    management   of    tow- 

paths,   ami   may    pi  .  i   of  g*ti  - 

and    for   th(    full   and  protection  of   the   pro] 

through  which  tlo    -am.    passes, 

.">.     This    act    shall    taki  from    and    after    its 

pass 

ACT  4361. 

An    acl    ''<    provide    for    the    appointment   of   an    examining 
and   harbors,  defining  their  duties 
ami  powers,  and  prescribing  their  compensation, 

[Approved    March    10,    1S89.     Stats.    L889,    p.    IL'o.J 
A  ppoinl  ment  of  i  ngin<  - 

,ii    1.      T  r   ..I    the    state,    within    thirty    days 

i   tin-  act,  shall  appoint  three  eomp< 


1459  WATERS.  Act  4364,  §§  2-4 

engineers  in  good  standing  in  their  profession,  to  be  known 
and  called  the  examining  commission  on  rivers  and  har- 
bors. The  persons  so  appointed  shall  hold  office  until  the 
first  day  of  January,  eighteen  hundred  and  ninety-one.  In 
case  any  vacancy  may  arise  in  such  commission  from  any 
cause,  the  governor  shall  immediately  fill  such  vacancy  by 
appointment. 

Oath  of  office. 

Sec.  2.  Each  of  said  commissioners  shall,  before  enter- 
ing upon  the  discharge  of  his  duties,  take  and  subscribe  an 
oath  of  office.  The  said  commission  shall  organize  by  elect- 
ing a  president  and  secretary. 

Duty  of  commission. 

Sec.  3.  The  said  commission  shall  make  a  full  and  care- 
ful examination  into  the  condition  of  the  Sacramento  and 
San  Joaquin  rivers,  and  such  other  rivers  and  streams  as 
they  may  select  for  that  purpose.  They  shall  determine 
what  steps  are  necessary  for  the  rectification  and  im- 
provement of  such  rivers  and  streams,  and  shall  make,  or 
cause  to  be  made,  all  such  necessary  and  proper  surveys, 
examinations,  maps,  designs,  drawings,  estimates,  specifica- 
tions, and  exhibits  as  will  enable  the  congress  of  the  United 
States  to  clearly  understand  the  condition  of  such  rivers, 
and  the  cost  and  expense  of  properly  rectifying  and  im- 
proving the  same.  The  said  commission  shall,  whenever  re- 
quested by  the  governor,  also  make  an  examination  for  a 
similar  purpose  into  such  harbors  as  they  may  be  so  re- 
quired to  examine.  Said  commission  shall  have  power  to 
employ  such  persons  at  such  compensation  as  they  may 
deem  proper,  as  surveyors  or  assistants  in  any  of  the  work 
herein  above  specified. 

Eeport  of. 

Sec.  4.  The  said  commission  shall  make  a  full  report 
on  or  before  the  first  day  of  October,  eighteen  hundred 
and  ninety,  to  the  governor,  on  the  matters  herein  speci- 
fied, which  said  report  shall  be  in  such  form  and  contain 
such  calculations,  specifications,  and  estimates  as  that  it 
may  be  to  congress  as  the  basis  of  an  appropriation  by  con- 
gress for  the  improvement  of  the  Sacramento  and  San  Joa- 
quin rivers,  and  other  navigable  streams  of  the  state,  and 
of  such  bays  and  harbors  as  may  have  been  examined  by 
said  commission  as  herein  provided.  The  superintendent  of 
state    printing   shall   print    and    publish    as    many    copies   of 


Act*  U  WATSONTILLE.  »*> 

said    report    and    exhibits    as    may    be    ordered    by    the    gov- 

(  rn.ir. 

Salaries. 

■  r   i'f   tin'   said    oonuBiesioa   shall   re- 
salary  "t   t\M>  thousand  four  hundred  dollars  j>«.-r  an- 
num,   payable    monthly,    and    his    traveling    expenses    while 
i  formance  of  official   d  ;•!  salary 

to  be  paid  out  of  any  money  iu  the  state  treas- 
ury not  otherwise  appropria 

and   be   in  force   from 
and 

ACT  4365. 

To  it  ate  a  board  of  comn  ra  and   the  sfioa  of 

watercourses,     [Stats.    1854,  p.   76. J 

;   w6\.  3i;   laaa,  a&. 

Cal.     I  I        .  •!;      70,     192. 

.    i.    I>s   Angvles,   Napa,   San   Her- 
nar   .  . : a,    Solano,   and   Tulare  counties. 

ACT  4366. 

1. 1    uf    writ .r   cumin  FOI    sfi  reed   County.      [Stats. 

ACT  4367. 

To    provide    foi    the    joint    investigation    with    the    federal 

•  i  n nun t    oi    the    water,  of   the   state,   and 

•  .  ing  tin-   foiesta  tin  reef; 

and   making  an   appropriation   for  ta  tea  of  such 

in\  j.     [Approved  March  16,  1993,    Stats. 

j,.    171. j 


TITLE  534. 

WATSONVttdLR, 

ACT  4370. 

rt.T  of.     [Stats.   1903,  p.  647.] 
cat   us, 

ACT  4371. 

[ncorporating  Watsonville.     (Stats.  1867-8,  p.  8 

Sui.irs.Joil    by    lncor- 
unli  r  tin-   statute  of   • 


1461  WEAVERVILLE— WEIGHTS    AND   MEASURES.    Acts  *3W-4J31 

TITLE   535 

WEAVERV1LLE. 
ACT  4376. 

WeaverviJle,  preventing  hogs  and  goats  running  at  large  in. 
[Stats.   1877-8,  p.  33.] 
Repealed   by   estray  law,   1S9T.    1  8. 


TITLE  536. 

.     WEIGHTS    AND   MEASURES. 
ACT  4381. 

To   establish   a   standard   of  weights   and   measures.      [Stats. 

1861,  p.   86.] 

Amended  1S61,  346;  1S63,  737.  Superseded  by  Political  Code,  seed. 
3209-3223.  i 

ACT  4382. 

To   establish   a   standard    of   weights   and    measures.      [Stats. 
1891,  p.  487.]- 

"Of  doubtful  constitutionality,  an  1  has  never  been  acted  under. 
(Condict  y.  Police  Court,  59  Cal.  278;  sec.  14,  art.  XI,  State  Const.; 
aubd.    u,    sec.   S,    art.    I,    Const,    of   U.    S.)" — Code   Commissioners'    Note. 

ACT  4383. 

An  act  relating  to  weights  and  weighers  for  warehousemen 
and   wharfingers,    and   matters   connected   therewith. 

[Approved  March  24,  1903.     Stats.  1903,  p.  387.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  All  persons  now  engaged  in  or  who  may  here- 
after engage  in  a  general  warehouse,  wharfinger  or  storage 
business  for  the  storage  of  'grain  or  other  commodities, 
which  in  the  course  of  such  business  are  weighed,  shall, 
before  they  engage  in  such  business,  or  within  sixty  days 
after  the  appointment  of  an  inspector  of  weights  as  pro- 
vided in  section  four  of  this  act,  designate  in  writing  a 
person  or  persons  as  weigher  or  weighers  for  such  business 
at  the  place  thereof,  and  the  person  or  persons  so  desig- 
nated shall  thereupon,  and  before  they  shall  do  any  weigh- 
ing for  such  business  subscribe,  before  an  officer  author- 
ized to  administer  oaths,  the  following  oath,  to  wit: 

"(I  or  we)  designated  as  (weigher  or  weighers)  will  cor- 
rectly weigh  all  grain  or  other  commodities  brought  to 
(here  designating  the  business  and  place  of  business) 
for  storage   or  weighing,  or  which   may  be   taken   out  from- 


Act  4388  WEST   SIDE   IRRIGATION   DISTRICT.  HO 

the    «nmo,    and    in    .ill    ca«cs    rcndi  r    to    the    person   bringing 
or  receiving  the  same,  as  the  ease  may  be,  upon  demand, 

a    full,    trin     and    60X1  int   of   th(  |  "f." 

Bee.   '-'.     All   persons  i  in    tin    fore- 

g  section  mentioned  shall  keep  for  and  use  in  such  busi- 

00  other  than  trur  be  !  correct  scales  and  weights. 

Said  designation  and  said  oath  shall  thereupon  and  with- 
in the  time  aforesaid,  1"  r<  COXcU  d  in  the  office  of  the  re- 
corder of  the  county  in  which  such  business  is  to  be  or  is 
bi  Lag  carried  on. 

No    i"  rson,   excepting   the    person    or   persons    thus   desig- 

1  and    snbseribing    and    recording   such   oath   shall   do 
any  of  the  weighing  of  such  busii 

Every    person    engaged    in    the    business    in    said. 
mentioned,    shall    keep   and    use    therein    aone 
but    true    w.  LghtS,    and  ,'hts    must    conform 

to  the  fjn  adard  of  w<  i_ 

I.     The  boai  th<    r<  Bp<  ctive  coun- 

1  alifornia,   hereby   are    authorized   to 
appoint    fur     tin  ir     n  counties     an     inspector     of 

weig  ■  hold  office  a1   th<    pl<  a 

laid  board  and  each  board 

may  allow,  and  whose  duty  it  shall  be  from  time  to  time 
to   teal    and    examim    all   si  Ighta    kept   or   used 

in    tin     boainesB   in    the   foi  ined,   and 

n  port  all  vi.'  at  toraey  of 

such  county,  whose  duty  it  shall  be  to  pr.    ecute  all  viola- 
tions In  ri  "t . 

S,  <•.  5.  Every  violation  of  this  act  shall  be  and  is  pun- 
ishable  as 

6.      1'.'  si..  i  he    criminal    actions 

herein    it. >vide< I    for,    every    person    defrauded    by    fab 
incorrect    weighing    shall    be    entitled    to   recover    from    the 
person  owning  ur  conducting  such  b  -   in   the  fore- 

going Bections  mentioned,   in  any  court  of  competent   juris- 
diction, three  times  the  amount  of  such  shortage  in  w  ■ 
tin-    grain    or   other    commodity    so    delivered    or    t 
out  by  In  in. 

TITLE  537. 
WEST  SIDE   [BRIG     I  ION   DISTRICT. 

ACT  1388. 

Act  creating,     |Stats.   1875-6,  p.  731.] 

r-S,    «8.     Repealed    *» 


1463  WHARFINGERS— WHITTIER    STATE    SCHOOL.     Acts  4393-440J 

TITLE  538. 

WHARFINGERS. 
ACT  4393. 

In     relation     to    warehouse    and    wharfinger     receipts,    and 
other    matters    pertaining    thereto.      [Stats.     1877-8,    p, 
949.] 
Cal.    Rep.    Cit.    75,    355;     108,    140;     108,   141;     111,    380. 
In  full  In  Appendix  to  Civil   Code,   p.   778. 


TITLE  539 

WHARVES. 

The  Political   Code,   sees.   2906  et  seq.,  2520  et  seq.   and  2567  et   seq., 
seems  to  have  superseded  the  old  legislation  on   the  subject  of  wharves. 

ACT  4398. 

Authorizing    supervisors   of   counties   to    grant    the    right   to 
construct   wharves.      [Stats.    1858,   p.    120.] 

Amended    1869-70,    526;      1871-2,    908.     Superseded    by    Political    Code, 
sees.  2906  et  seq. 


TITLE  540. 
WHEATLAND. 
ACT  4403. 

Incorporation    of.      [Stats.    1873-4,    p.    351.] 

Amended    1875-6,    19;     1877-S,    441.     Superseded    by    incorporating,    in 
1S91,   under  Municipal  Corporation  Act  of  1883. 
Cal.    Rep.    Cit.     4S,    565. 


TITLE  541. 
WHITTIER   STATE   SCHOOL. 

ACT  4408. 

To   establish   the   Whittier   Reform   School  for  Juvenile    Of- 
fenders.     [Stats.    1889,    p.    111.] 

Amended  1893,    32S;    1905,    80. 
Cal.    Rep.    Cit.     110,    653;     117,    536;     122,    296;     13S,    495. 
In    full    in   Appendix   to   Penal   Code,    p.    669. 

ACT  4409. 

To    prevent    evil-disposed    persons    from    coming    upon    the 
grounds  of.     [Stats.  1895,  p.  92.] 

Codified   by    amendments   of   Penal    Code,    1905.     See   note   to    §    171a, 
Penal   Code. 

In  full  in  Penal  Code,   Appendix,   p.   G88. 


WimiNGTON— WOMAN'S    RELIEF    CORPS.  Mt"4 

ACT  4410. 

Beli  o  m  rait  men  ts  to   the  1  at   Whit- 

t i «  r  n  School  of  Industry,  fixing  the 
authority  tn  examine  and  commit  to  Bucfa  Bchoole  with 
rior  eourl  uad  fixing 
th«  in  which  commitmi  made 
to  '  for  the  maintenance  oi  tin  persona  com- 
mit) ie  manner  <>t  payment 
therefor  and  lixit  ■  the  parents  to 
tii>'  com  whieh  their  children  arc  comn 
.  p.   122.] 

In   full  In  appendix  to  Penal  Cod*?,   p.  6S6. 
ACT   1111. 

An  acl    i"  authorize  the  board  a  of  the   Whittier 

ire   and    keepii 
autted  to  ool  in  charitable  or  I"  ai  i  o- 

institutions  o.-   with   |  i -.ii-,   :iini    to   pay 

while  or    with    suen 

■  d    March     Is,    19  rM5,    p. 

TITLE   542. 
WILMINGTON. 

ACT  4415. 

Incorporating  •■    ls71-2,   p.   Ins.] 

.     lioT.    lw>,     109. 


TITLE  543. 

womak  i    coEPa 

\C.T   4420. 

the   Woman's    Belief   (    irps    Eome    N  d   to 

..■I  i hj    destitute 
;.  Btitnte    mai<lt  n     d 

■  I   honorably  in  the 
g  an  appropriation  tin  re- 

for.    LAPProved  Ai,ni   '•   iv-'7-    St:i,s-  1>:'7-  r-   1!7-J 
ACT  4421. 

Making  an  appropriation  for  the  Bupport  of  ex-army  n« 
indigent     widows,    wives,    mothers,    and    dep< 
daughters    and    si 

civil    war.   al    the    Woman  - 
lief  <  County, 

ifornia.     [Approved    Main. 
:,l  i.j 


1466  WOODERIDGE— YOLO    COUNTY.  Acts  4426-4  4S 

TITLE    544. 
WOODBRIDGE. 
ACT  4426. 

Woodbridge,    to    prevent    hogs    and    goats    running    at    large 
in.      [Stats.   1875-6,  p.   180.] 
Repealed   1897,    198. 


TITLE    545. 

WOODLAND. 
ACT  4431. 

Keincorporating.      [Stats.    1873-4,   p.    557.] 

Amended  and  supplemented  1875-6,  818.  Amended  JT77-8,  84,  447 
Superseded  by  incorporating,  in  1S90,  under  Municipal  Corporation  Act 
of  1SS3. 


TITLE    546. 

WEECKS. 
ACT  4436. 

Concerning  watercraft   found   adrift.     [Stats.    1850,   p.   156. J 
Superseded   by   Civil   Code,    sees.    1S64-1872. 

ACT  4437. 

Concerning    wrecks    and    wrecked    property.      [Stats.     1850, 
p.  173.] 

Superseded   by   Political   Code,    sees.    2403-2418. 


TITLE    547. 

YACHT    CLUBS. 
ACT  4442. 
Authorizing  the  incorporation  of  yacht  clubs.      [Stats.   1869- 

^70,    p.    71.] 
Repealed  by  sec.   28S,    Civ.   Code. 
See  note   to  act  632,   ante. 
TITLE  548. 
YOLO    COUNTY. 
ACT  4447. 

Agriculture,  protection  of  from  trespassing  animals.     [Stata. 
1873-4,  p.  343.] 

Repealed  1877-8,   362. 

ACT  4448. 

Trespassing    of    animals    in.     [Stats.    1877-8,    p.    360.] 
Repealed    by   1S97,    98;    1901,    607. 


Acts  4449-4460  YOLO   COIWTY.  1«« 

ACT  4449. 

To    di  V(  lop    agricultural    in*  !    the    construction 

canal  in   Colusa,  Bolano,  and   Yolo  counties.      [Stats. 
186  51.] 

ACT  lino. 

To  provide  foT  the  drainage  of  certain  lands  in  the  coun- 

p.    1037.] 

ACT  44T.1. 

31     s.   1873-4, 
p.  420.] 

Amonrtod    1875-*,    170.    Wfi;     1S77-S,    637.     Repealed   by   County   (jovrrn- 

ACT 

Lizing    acts    of    public    administrator    of.     [Stats.    1860, 
I-.  207.] 

ACT  4453. 

Public   r  •  boundary  line   between   Yolo  and  Colusa 

1873-4,  p.  213.] 

ACT  I 

Bd   highway!   in.      [Stats.   1873-4,   p.   490.] 
■ 
ACT  4455. 

Providing  distribution  of  school  moneys  in.     [Stats. 

1877-8,   p.    1003.] 
ttlca]   Code.   sec. 

ACT  4456. 

Supervisors,  ti  rms  of  office  and  time  of  meeting  of.     [Stats. 
L873-4,  p.  304.] 

Government   Acts,   see   1S97,    452. 

ACT 

Authorizing   supervisors   to   levy   taxes   for   county   purposes. 
[Stats.   1877-8,  p.  843.] 

.1    by   sub,!.    IS,    sec.   25,   1897.   460. 

ACT  4458. 

Quieting    title    to   certain    lands   in.      [Stats.    1871-2,   p.   803.J 

ACT  4459. 

Quieting    title   to   certain   lands   in.      [Stats.    1873-4,    p.   492.J 

il,i.  d    the   title   of   the   state   to   the   United   States   and 

Its  gr.v 

ACT   4460. 

Quieting  title   to   certain   lands   in.      [Stats.    1873-4,  p.   818.] 


1467  YOSEMITE  VALLEY— TUBA   CITY.  Acts  4461-4479 

ACT  4461. 

Quieting  title  to  land  in.      [Stats.  1877-8,  p.  943.] 

By   this  act   the  stat;   relinquished   to   one   George   Herget   the    title 
to  a  piece  of  land  in   Yolo  County. 


TITLE    549. 
YOSEMITE   VALLEY. 
ACT  4466. 

To    provide    for   the    management    of    the    Yosemite    Valley. 
[Stats.   1880,   p.  44.] 
Amended    1885,    212. 

ACT   4467. 

To    appropriate    money    foi\  the    survey,    location,    and    con- 
struction of  a  free  wagon  road  from  the  town  of  Mari- 
posa    in     Mariposa     County,    to     the    Yosemite    Valley. 
[Approved   March   26,   1895.     Stats.   1895,  p.   87.] 
Repealed    1905,    795. 

ACT  4468. 

Appropriation  for  the  purchase   of  certain  roads  within  the 
limits    of,     [Stats.    1889,   p.    142.] 

This  act  appropriated  money  for  the  purchase  of  the  "Big  Oai: 
Flat  and  Yosemite  Turnpike  Road"  and  the  "Yosemite  and  Wawona 
Road." 

ACT  4469. 

To   provide    for    certain   improvements    in.      [Stats.    1901,    p 

818.] 

This  act  made  an  appropriation  for  an  electric  and  a  pumping- 
plant. 

ACT  4470. 

An  act  to  recede  and  regrant  unto  the  United  States  of 
America,  the  "Yosemite  Valley,"  and  the  land  embrac- 
ing the  "Mariposa  Big  Tree  Grove."  [Approved 
March   i>,   1UU5.     Stats.   Iyu5,  p.   54.] 

TITLE   550. 
YEEKA. 
ACT  4474. 

Incorporating  Yreka.      [Stats.   1857,   p.   229.] 

Amended  I860,  313.  Superseded  by  incorporating,  in  18S8,  under  the 
statute  of  1SS3. 


TITLE   551. 
YUBA    CITY. 
ACT  4479. 

To    incorporate.      [Stats.    1877-8,    p.    783.] 


TITLE    552. 
VCl'.A    lor.N'TT. 
ACT    1181. 

Ifarvaville  and   Long   TJir  townships,  act  for  protection  of 
agriculture   and    to   psevenl    th.  ng  of  animate 

apon    private    property.     [State.    L875-6,   p.   210.] 

ACT  4485. 

Treepaasing   of   animals.     [Stats.    1S77-S,   p.   360.J 

raj    laws   of  1S97,    S8.   and   1901,    G07. 
ACT  4486. 

Lawful    Benan    in.      [State.    1863,   p.   357.] 

Rf.p.  7'*. 

ACT  4487. 

V><  fining    a    lawful    and    partition    fence    in.      [Stats.    1871-2, 

p.   700.] 
ACT   4488. 

Balariei  of  officers,     f  p.  ion.] 

by  County   Government  Act.   1R97,   553.   sec.   194.    Amerniei 
1901 

ACT  4489. 

and  Bala  rtain  officers.     [Stata.  1875-6,  p.  r>22.] 

Actf,   see   1897.   533.    sec.    191 
ACT  4490. 

-Mow,  protection  of  lands  from.     |  Stats.  1873-4,  p.  223.J 

789 
ACT  4491. 

Autbori  ribing  or  records  in.     [8  •'.,  p.  139.] 

ACT  4492. 
Providing    for    transcribing  -    -    in.     [Stats.    1877-8,    p. 

'  212.] 
ACT   4493. 

Roads  an. I  highways  of.      [Stats.   1871-2,  p.  72.] 
■    n. 
ACT    4494. 
Road  overseers  and  road  poll  taxes.     [Stats,  l 

Code,    sev  as   amended    1891.    4  N, 

478. 
ACT  4495. 

ite    fudges    for    Yuba   an.l   Sutter  counties,    creation   0 
and     providing    tor    payment    of    salaries.      [Stats.    1S97, 
IS.] 


LIST  OF  STATUTES. 

OTHER    THAN    THE   FOUR    CODES,    REMAINING    IN 
FORCE,   AND    OF   THE   AMENDMENTS    THERETO, 
WITH      REFERENCES      TO      DECISIONS      RE- 
SPECTING    THEIR     CONSTITUTIONALITY. 


NOTE. — From  this  table  are  excluded  all  statutes  which  can  no 
longer  be  regarded  as  of  any  substantial  effect,  either  because  di- 
rectly or  impliedly  repealed  by  the  Codes  or,  though  neither  re- 
pealed by  them  nor  otherwise,  which  have  accomplished  their  pur- 
pose and  have  no  other  effect  than  to  justify  acts  long  since  done 
by  their  authority,  such  as  appropriation  bills,  grants  of  franchises, 
or  of  rights  for  n  limited  period,  or  directions  or  authorizations  to 
perform  acts  which  have  doubtless  already  been  done,  or  to  con- 
tract obligations  which  have  been  satisfied,  and  statutes  creating 
and  providing  for  the  government  of  municipal  corporations  which 
have  become  inoperative  by  the  reincorporation  of  the  same  mu- 
nicipalities by  or  under  subsequent  statutes,  either  general  or  spe- 
cial. 


Page  Chap.  1850. 

131  49  Concerning  lawful  fences.  Repealed  by  the  statute  of 
1855,  p.  154,  except  as  to  the  counties  of  Amador, 
Butte.  Calaveras.  Colusa.  Klamath,  Nevada,  Placer, 
San  Bernardino,  San  Diego.  Santa  Barbara.  Shasta, 
Siskiyou,  Trinity,  Tuolumne,  and  Tuba  counties.  The 
statute  of  1855  was  afterward  amended  to  include 
Butte,  Calaveras,  and  Nevada.  Special  acts  were 
passed  relating  to  other  counties,  but  the  statute  of 
1850  has  apparently  not  been  repealed  as  to  Amador, 
Klamath.  San  Diego,  Santa  Barbara,  Siskiyou,  and 
Trinity   counties. 

273  117  To  provide  for  the  incorporation  of  colleges.  Amended 
1855:110;  1867-8:69,  218;  1869-70:419;  1873-4:85: 
supplemented  1863:775;  1871-2:10.  This  and  other 
acts  relating  to  corporations  were  repealed  by  §  238 
C.  C,  except  that  corporations  pre-existing  the  code 
remain  subject  to  the  laws  under  which  they  were 
formed,  but  new  corporations  can  not  be  created  un- 
der such  laws  (Murphy  v.  Pacific  Bank,  119  Cal. 
334),  and  we  apprehend  that  all  amendments  to  them 
made  after  the  enactments  of  the  codes  were  invalid. 
or  at  least  not  applicable  to  any  corporation  formed 
after  the  adoption  of  that  code,  because  they  were 
to  acts  which  had  already  been  repealed. 
(1469) 


1170  COx  RETORT. 

■■hap.  1850 — Continued. 

342      125      To     abolish     nil     laws     except     those     passed     during     the 

347      128      An     net     concerning      corporations.      Amended      1851:434 

.    p.    113.    MO.    Bl  :    amend 
:87,    140.     169;      1854:169       168 

-7:     iari  :«.1  •    1SR2    17.    110.    125 

ie.  40? 

1873  2    148;     i  •'■'■  780;     supplemented     L862:17;     e* 
1867    71  DOW    above    to    page    273,    ch;ip. 

117. 

1851. 

185         1 *      Concerning     costs     In     criminal     actions     removed     before 
ilinm  v    Thresher,   40  Cal.   892. 

of    certain      property    of 
the 

4  1".     122     To     regulate    t  ided     T*">2:102:      1855:168; 

1878-4:798;     sup- 
;155. 
518      181      C  ii  dgefl     of    the    plains.      Amended     1857:158; 

.123      138      To    provide    for    the    formation    of    mutual    insurance    com- 
pani.  1850,    p.    273,    chap.    117. 

1852. 

147        75     To   authorize   persons   en  paced   in   the   U.   S.   Coast   Surrey 

mils    within    the 

)rn        77  richt    of     way    for    railroad      from     Atlantic     to 

158        82      Prescribing     tb  t»f      maintaining     and      defending 

aetioni   OH    public  lands.       Amended   1859:94; 

Gray   v.   Dixon,    7 1    Oal. 

ir.o        P3     Coats  ■  •f  rail   against   the  state.     Superseded  by  0.  C.   P., 

5    ions. 
lflfl         02       Ll  v.ledcments    of    deeds. 

171        08     To    provide    for    'be    Incorporation    of    water    companies. 

Pee   note    to    1860,    p.    2  73,    chap.    117. 

1853. 

6*»        44     Miners'    licenses       Amended    1854:55;    1855:216;    18S6: 
57:70,     1R2.     3ro;      1858:808;      supplemented. 
Doubtless    unconstitutional,    but    see    People 
v     Naglee,    1    Oal.    2^2;    Lin   Sing   v.    Washburn.   20    Cal. 
544 
87         65      To     provide     for     the     formation     of    corporations     for    cer- 
tain   purposes.      Amended    1855:205;     1857:121;     1858: 
133-     1859:98;     1863:786;     1868-4:149;     1869-70:182, 
864;     1871-2:526.      Sec    note    to     1850,    p.     273,     chap. 
117. 
-14        73      n  for  the   formation   of  wagon   road  corporations. 

1856:71.      See   chap.    65;    also   note   last      re- 
ferred   to. 
169      1°1      1  '  "r    '"''    formation    of   plank   or   turnpike   cor- 

i  .us.      Amended    1854:160;    1857:171,  280;    1858: 
145,   265.      See   chap.   65. 


STATUTES    REMAINING    IN    FORCE.  1471 

Page  Chap.  1853 — Continued. 

219  160  To  provide  for  the  sale  of  the  interest  of  the  state  in 
property  within  the  water-front  line  in  San  Fran- 
cisco. Supplemented  1855:226;  1853:139.  Unconsti- 
tutional in  part   (Guy  v.  Hermaner,  5  Cal.  73). 

274  175  Amending  act  relating  to  corporations.  See  note  to  1850, 
chap.    117. 

1854. 

21  9     To    provide    for    permanent    location    of    seat    of    govern- 

ment at  Sacramento.  Superseded  by  Const.,  art.  XX, 
sec.  1. 

76  57  To  create  a  hoard  of  commissioners  and  the  office  of 
overseer  to  regulate  watercourses.  (Applies  only  to 
Contra  Costa,  Colusa,  Los  Angeles,  Napa,  San  Bernar- 
dino, San  Diego,  Santa  Barbara,  Solano,  and  Tulare 
counties.)  Amended  1857:29;  1860:335;  1861:31; 
1862:235. 

1855. 

145      119     To  protect  owners  of  crops,   buildings,   and  improvements 

in     the     mining      districts.      Unconstitutional      in     part 

(Gillam   v.   Hutchinson,    16    Cal.    153). 
154      129     Concerning     lawful     fences.      Ame'nded     1858:123;     1861  •. 

510,      513;      1863-4:465;       1877-8:765;     supplemented 

1860:141. 

1856. 

54  47  For  the  protection  of  actual  settlers  and  to  quiet  title 
to  lands.  In  many  respects  unconstitutional  (Billings 
v.  Hall,  7  Cal.  1;  Lathrop  v.  Mills.  19  Cal.  513; 
Pioche  v.  Paul,  22  Cal.  105);  and  the  parts  not  uncon- 
stitutional   are    probably    superseded    by    the    codes. 

139      118      Authorizing   transcribing   of   records   in   Yuba    County. 

206      135      Concerning  the  war  debt  of  the  state. 

223  142  To  aid  officers  in  the  Indian  department.  Amended 
1857:186.  The  above-named  statute  is  mentioned  by 
the  code  commissioners  at  §  1346  without  anything  to 
indicate  that  they  suppose  it  to  be  repealed  by  any  of 
the  codes.  If,  however,  as  is  indicated  by  the  note 
to  §  6  of  the  Penal  Code,  that  section  was  intended 
to  enumerate  every  act  or  omission  made  punishable, 
then  this  statute  must  have  been  substantially,  if  not 
absolutely,    repealed   by   that    code. 

1857. 

75  80     To    further   extend   the    act   concerning   corporations.      See 

note   to    1850,    p.   273,    chap.    117. 

76  82      To    cede   property   to    Eureka. 

1°1      110      Supplemental    to    act   for   formation    of    corporations.      See 

note    to    1850,    p.    273,    chap.    117. 
155      122      Granting    swamp    lands    to    Sacramento    City. 
159      135      Legalizing   records   of    Solano    County. 
171      147     To   authorize   formation   of  plank  road   corporations.      Se« 

note    to    1S50,    p.    273,    chap.    117. 
200      177      To    legalize    certain    conveyances. 


inn  cov  :rs-  report. 

VagQ  Chap.  1857 — Con  tin 

227      194      Restrirfi'  p    In    Sonoma    and    Marin 

ccun'  U9;     1860:332; 

22*       :  ('.unity. 

229      i  >7  Yreka.     Amei  d<  d      l 

by   Incorporatinj  •  -      under    the    statute   of    1883. 

1858. 

7         9     Incorporating    town    of    Union.     Amended     1809  70:414; 

i 
I  ..nut y.     Snp  I    l  B6]  :277. 

Further 

note    to     1850,    p. 

ihap.    117. 

f     Napa    County    from    Solano    and 
Sonoma. 

.-a  noes    made    by    the    eomiB 
the   linking   fund. 

r     .if     Unit..     Const?     to     mako    copies    of    certain 
rds. 

rning   lawful    fencea    in    Marin   County/. 
lal     to    net     concerning    rod'- 
Authori  cribing   of   records   in    Sutter   County. 

i  .ma. 
■ati'r    companies.      Amended    1861:228. 
Jap,  117. 
Supplementary    t..    ..  •    ol    l-  bog    corporations. 

,|..    117. 
For   the  better  protection   of   settlers  on   public  lands. 

1859. 
Authorizing     location     of       townsite     of      Crescent      City. 

Providing    for    the    relinquishmenl    to    {he    United 

of   lands    required    for   military   or   naval    purposes. 

Authorising    transcribing   records    in    Solano    County. 

Supplemental    to    ad  mcerntng    corporations. 

See    1850,   p    273,    chap.    117. 

Authorizing  transcribing   records  in   Butte   County. 

To     prevent     stallions     from     running    at     large     in     Sacra- 
mento    County.      Extended     and      amend    i       186 

6:827;     1867-8:70;     1 
to   penal    clausec  by    §    6,      Penal    I 

as    to    other    provisions,    probably    repealed    by    - 

law    of    ls;i7.    ■  I'.'i'l.    p.    I 

151      150      Authorising   transcribing   records   of  Tehama   County   from 

the    records    oi    I  tnty\ 

212      201      To    legalize    certain    acknowledgments. 
214      205      To    improve    the    navigation    of   Petaluma    Creek.      Amended 

L865  6:525, 
263      262      Authorizing    counties    to    !..  kholders    in     railroad 

companies.     Amended    1860:208.     Repealed    by    t. 

art.   IV,   sec.   31. 


40 

57 

68 

65 

82 

84 

108 

108 

158 

2  1  1 

2  i- 

218 

262 

298 

345 

358 

6  6 

85 

93 

98 

119 

120 

149 

147 

11 

21 

16 

29 

82 

112 

109 

141 

141 

173 

155 

190 

STATUTES    REMAINING    IN    FORCE.  14.*:' 

Page  Chap.  1859 — Continued. 

279  266  Concerning  lawful  fences  in  San  Bernardino,  Colusa, 
Shasta.  Tehama,  and  Placer  counties.  Extended  to 
Yuba    County,    1863:357. 

281  267  Authorizing  incorporation  of  rural  cemetery  associa- 
tions. Amended  1863-4:12;  1891:264;  1899:36.  See 
1850,    p.    273,    chap.    117. 

298      272      Regulating  salmon   fisheries   on   Eel  River. 

334  305  Ceding  jurisdiction  to  the  United  States  over  lands  near 
Lime   Point. 

1860 

Authorizing    transcribing    of    records    in    San    Luis    Obispo 
County. 

For  relief  of  purchasers   at   sales  made  by   public  admin- 
istrators. 

Legalizing  records   in    San   Bernardino   County. 

Authorizing    transcribing    of    records    in    Sonoma    County. 

Lawful   fences,    supplementing    statute   concerning. 

Authorizing     American     Water     and     Mining     Company     to 

extend    its    works.      Amended    1871-2:471. 

175      212      Providing    for    conveyance    of    mining    claims.      Amended 

1863:98;    probably    repealed    by    §     1901,    etc.,    C.    C. 

If   not,    then   modified    as    to    corporations   by    1880:131. 

182  220      Board    of   water    commissioners    for    Merced    County. 

207      238      Legalizing    acts    of    public    administrator    of    Yolo    County. 
287      308      Providing    for    disposal    of    lots    in    towns    on    the    public 

lands    in    Mendocino    County.      Superseded    by    1867-8: 

487. 

1861. 

41  51  In  reference  to  corporations  organized  to  mine  outside 
of  the  state.  Doubtless  repealed  by  §  288  C.  C,  ex- 
cept as  to  pre-existing  "corporations.  See  1850,  p.  73, 
chap.    117. 

12x      129      For  the   relief   of   Marin   County. 

139      142      Concerning  officers.      Repealed  by  Pol.   C.        831. 

153  156  Incorporating  Grass  Valley.  Amended  1862:98;  1863-4- 
57;  1865-363;  1809-70:16,  47;  1877-8:192;  re- 
pealed by  new  charter  1393:628. 

180      187      Amending  the   act   relating  to   rodeos. 

183  190      For    the    appointment    of    commissioners    in    equity.      Re- 

pealed    by     Political     Code     and     Code     of     Civil     Pro- 
cedure. 

277  281  Fences  in  Contra  Costa  County,  supplementing  statute  of 
1858. 

371  365  Legalizing  grants  of  lands  in  city  of  Santa  Barbara. 
Supplemented    1862:495;    ameuded    1863:47. 

380  375  Concerning  telegraphic  messages.  Superseded  by  statute 
of    1862:288.  ' 

507      448     Legalizing   certain  records   of   Santa   Clara   County. 

510      453      Fences.      Amending    and    supplementing    statute    of    1855. 

523      468      To  restrict  the  herding  of  sheep.      Amended  1865-6:56. 

533      485      For    the    protection    of    water    companies.      Superseded    by 
Penal   Code.      See    §§    499,   592,   607,    625. 
Gen.  Laws— 93 


1474  IRS'    REPORT. 

Page  Chap.  1861 — Oontiu 

567     503     To   authorize    formation    of    homestead    oorporationB.     Re- 
pealed  nented 

l  -: 
607     532     To  provide   for  Incorporation   of  railroad  companies.     Re- 
pealed.     See   1850,  p.  '-'"a,   chap.   117. 

1862. 

52  62      Authorizing    transcribing    of     reo  irda     i'i     Bhaata     County. 

Am 

53  63     Authorizing    transcribing   »f    records'    in    Bonoma    County. 
151      158      Corn 

• 
I'I       168      Aathorilil  ting    of    records     in     Trinity     County. 

190      187      K<>r     the     formation     of 

■ 

•    modi- 
1    the    constitution.       (McCowan    V. 
McDonald,    ill    Oal. 
217      203      Rotating     to     commit  the     funded     debt    of 

iiaoo.     Amended 
474. 

269      For     regulating    telegraphs,    etc.     Am led     1863*41 

a]   Oode    i  see 
;;    .-.  0.    t    1017);    but    5    14.    relating 

B    and    common ications,    probably    remains    in 
for. 
100      2r,0      To   restrict    the  herding  of   sheep   in   certain   counties. 

B71     Sni  lilway    corporations. 

iled  b j    !  288;  0.  0      See  l3"^.  p.  278,  chap.  117. 

540     417     Authorising   inc  ended 

1861  B:184.      See    1850.    p.    27:1, 
1  1  7. 
552  to   United    States  all   lands  within   Indian   reser- 

1   'I)S. 

1863. 

11  8      Concerning    Spanish    records    in     Snnta    Clara    Connty. 

04     Concerning    independent    Order    of    Good    Templars.     See 
I 
°11      100      Reincorporating  Placerville.      Amended   1863-4:40.?;    1-71 

181. 
.126      244      Authorizing    relocation    of    route    of    Central    Pacific    Rail- 
way. 
n57      274      Lawful     fences    in     Yuba    County.      Repealed     1 

chap 
359      278      Providing    for    the    retention    of    the    hides    of    slaughtered 

\  mended       1  -'. 
probably   superseded   by    I 
487     B26     Authorizing    cot  to    South    -  bco    Home- 

Railroad    Association. 
560     362     Conferring    further    powers    on    board    of    supervisors    of 

In    force    (San    Fran.- 
Kien  'il    superseded   by    the   char- 

ter of  that  city   (1890:809). 


84 

83 

87 

89 

109 

120 

167 

174 

187 

187 

303 

295 

STATUTES    REMAINING    IN    FORCE.  1475 

Page  Chap.  1863 — Continued. 

624     464     Concerning       library       associations.      Amended       1869-70: 

366;    repealed    by    §    238,    C.    C.      See     1850,     P-    273, 

chap.   117. 

1863-4. 

76        76      Authorizing    mining     c  irporations    to     change    their    place 
of  business.     Superseded  by  §  331  C.  C,  enacted  1875-6. 
Legalizing   records   of   Placer   County. 

Board     of     water      commissioners      for     San      Bernardino 
County.      Amended    1865-6:93. 
120      Authorizing   mining    companies    of   Aurora,    Nevada,    to    re- 
move   their   place   of   business   to   California. 
Board    of      commissioners      for      Kaweah      River,      Tulare 

County.    Amended    1865-6:314. 
To   legalize    acts   of    county   recorders   and   auditors. 
Concerning    corporations,    legalizing    defects    in    incorpora- 
tion. 

318      310     Lawful    fences    in    Nevada    County. 
344      320      To    aid    construction    of    Central    Pacific    Railroad. 
441      388      Incorporating    Markleeville. 
443      389      To    settle   land   titles    in    the    town    of   Branciforte,    Santa 

Cruz    County. 
463      407     To   authorize   sale  and  conveyance   of  lands  in   San  Fran- 
cisco   to    Golden    City    Homestead    Association. 
471     417     To    aid    in    carrying    out    the    provisions    of    the    Pacific 

railroad   and   telegraph   act    of   congress. 
475     424     Lawful   fences   in   Tuolumne   County. 

482      436     Authorizing    sale    and    conveyance    of   lands   in    San    Fran- 
cisco  to   North   San  Francisco   Homestead   and  Railroad 
Association. 
500      452      Transcribing  records  of  Napa   County. 

1865-6. 

23  37  Supplementary  to  the  act  concerning  corporations.  Re- 
pealed except  as  to  corporations  existing  prior  to  the 
adoption  of  the  codes  by  §  288  C.  C. 
66  91  Concerning  costs  in  San  Francisco.  Amended  1871-2: 
93;  perhaps  in  force  as  to  plaintiff's  costs  (Fanning 
v.  Leviston,  93  Cal.  188;  Golden  G.  L.  Co.  v.  Sahr- 
bacher,  105  Cal.  114);  repealed  1895,  p.  267  (Miller 
v.  Curry,  113  Cal.  644),  as  to  fees  named  in  that  act; 
repealed  1903:253. 
79  98  For  the  protection  of  property  in  San  Francisco  from 
conflagration,  and  conferring  powers  on  underwriters. 
Amended  1867-8:280;  superseded  by  charter  of  San 
Francisco,   art.    IX,   chap.    5. 

102  120  Providing  for  the  construction  of  a  telegraph  line  be- 
tween  the   Atlantic   and   the   Pacific. 

107      124      To    settle    land   titles    in    Benicia. 

163  183  Apportioning  the  fees  between  district  attorneys  and 
their  successors.  Amended  1865-6:325;  superseded 
by  county  government  and  other  acts  requiring  offi- 
cers  to   pay   their   fees   into   the   county   treasury. 

191  198  Authorizing  executors  of  Joseph  L.  Folsom  to  sell  and 
eonvey    real    estate. 


Chap. 

214 

216 

812 

2-1 

151 

COY'  MS'    REPORT. 

1865-6— (\. m  ir.u.  d. 

an    almshouse    in    San 
7 ;     superseded    by    the 
■ 

Buenaventura.      Superseded    by     1873- 

Provid  traction    of 

lioo        Am- 
ion     of     papers     relating     to 

I     DO,    Tn- 

lare.  and     Mar  -ties.      See     1893: 

kfl    and    br:.  i    rounty. 

!  ake. 
•    is     and     aid    the    construe- 
;    V.ii  i   .-.unities. 
458      876      '  -~k    in    corporntiona.      Sup- 

r     •         '.';!> 

9    0.    Q.). 
469      386      Providing    for  ml.ers    of    commeroe, 

km  ended 

.     .    -  -      '      I 
1  17. 
609      470  nnissioners      for      Siskiyou 

:inBS   Bay. 
-      •...-.   of   town   of   Santa   Bar- 
bara. 
678      518      Supplemental  >s.      Repealed     at     to 

.r>25      Am:  -  l>y    commissioners    of 

the 
743      543      Rel:.  and   mari>  ■  Ties       Amend- 

See    1850. 
1  17. 
546      Providing     for  •'     mutual     insurance     com- 

I  " 
■ 

I  .r    Fresno    Coun- 

Unconstitutional.      (Pryor 

d     1873-4:940. 
Qrantl  lusrhwaya. 

Modified   by    Penal 

1867-8. 

3         14      Ati'h    n/inc    '  of    8an    Diego    to 

13         Bfl  '"    Napa    River    and    I 

'      1  -  7  1    J     I 
11^  and  privileges  in  Tulare  County. 

li  i      i .  drainage   of   Sacrament  4   of 

■wain |  rid    number    two       Amended    1869-70: 

id:  4 


777 

596 

857 

.-..:: 

STATUTES    REMAINING    IN    FORCE.  1477 

Page  Chap.  1867-8 — Continued. 

148  172  For  the  payment  of  street  assessments  against  the  prop- 
erty of  the  United  States  in  San  Francisco.  Re- 
pealed by  the  charter  of  that  city  (art.  VI,  chap.  2, 
sec.    8). 

201  208  Concerning  ancient  Jewish  order  of  Kesher  shel  Barsel. 
Repealed,   §   288  C.  C.      See   1850,  p.  273,  chap.   117. 

204  214  Providir.fr  for  the  incorporation  of  institutions  of  learn- 
ing, science,  and  art.  Repealed,  §  288  C.  C.  See 
1650,    p.    278,    chap.    117. 

245      243      To    settle    title    to    lands    in    San    Luis    Obispo    Con  if. v. 

248  245  To  create  and  organize  the  University  of  California. 
Amended  1871-2:655;  probably  repealed  by  the  code, 
but  if  so,  revived  and  made  irreparable  by  §  9, 
art.    IX.    of    the    constitution    of    1S79. 

310  288  Concerning  order  of  B'nai  B'rifch.  Repealed  bv  §  388 
C.   C.      See   1850,   p.   27:;.   .hap.    117. 

316  293  To  provide  for  the  protection  of  certain  lands  in  Sit- 
ter County  from  overflow.  Amended  1871-2:307; 
supplemented  1871-2:734.  Unconstitutional  as  to  §  21 
(Brandenstein  v.  Hoke,  101  Cal.  131;  Wilson  v.  Su- 
pervisors,   47   Cal.   91.) 

323  296  Prescribing  conditions  for  transacting  insurance  business. 
Supplemented  1869-70:321;  repealed,  except  as  to 
pre-existing  corporations,   by   §   288   C.   C. 

335      299      Ceding    lands    to    Crescent    City.      Amended    1869-70:131. 

355  315      To    provide    for    an    open    canal    through    Channel    Street 

in    San    Francisco. 

356  317      Declaring    Islais    Creek    in    San    Francisco    navigable.      Re- 

pealed   by    §    2349    Pol.    C. ;    jurisdiction    given    to    Har- 
bor Commissioners    (sec.   2,    Stat.    1877-8,   p.   263). 

379  331  Confirming  order  800,  quieting  title  to  lands  in  San 
Francisco.      See    also    1867-8:410. 

383  332  Reincorporating  Petaluma.  Amended  1871-2:48;  1873- 
4:23,  357,  703,  865;  1875-6:288;  superseded  in  1884 
by    incorporating    under    the    statute    of    1883. 

411  343  Incorporating  Redwood  City.  Amended  1869-70:364; 
1871-2:712;  superseded  by  incorporating  in  1897 
under    the   statute   of    1883. 

459      372      Supplemental    to    the    act    for    formation    of    savings    cor- 
porations.     Repealed    by    §     288    C.    C.      See    18 
273,    chap.    117. 

487  401  Authorizing  town  authorities  to  execute  certain  trusts. 
Amended    1871-2:237. 

554  431  For  the  better  protection  of  the  state  treasury.  Doubt- 
less superseded  by  §  457  Pol.  C.,  but  nevertheless 
amended  by  statute  of  1895,  p.  55,   chap.  54. 

655  483  Giving  effect  to  the  act  of  congress  relating  to  the 
California    and    Oregon    Railroad    Company. 

671  499  Granting  certain  rights  and  privileges  to  California  Pa- 
cific   Railroad    Company. 

688  522  Incorporating  Watsonville.  Amended  1373-4:43;  1875- 
6:511;  1877.-8 :3tJ3 ;  superseded  by  incorporating  in 
1889   under  the   statute   of   1883. 


1471  COMMISSIONERS"     REPORT. 

Page  chap.  1867-8 — Continued. 

692      523      Authorizing    the    county    i  ■•   cute    certain    trusts 

In   relation   to   tuwn   lands.      Amended  1873-4:37;    1835: 
115. 

1869-70. 
64        58      To   legalize    the    name    of    Lake    Ritrler. 

71         72      Authorizing    the    ine  of    yacht    clu'>s.      Repealed 

hy    5  Bee   note   to   18  chap.    1  IT. 

107     nfl     rh-  •  ■         ■  ' :■  pealed    by 

hap.    117. 

148      144      To 

010: 
• 
M     to     the     salaries    and     fees    therein 
nam>  I  rnment    actt 

ng   with    l 

bill    of    i 

in    named;   also   r-  ■■■•  ,ilry   oountiea  by 

special    acts    relating    to    them,      (Swinnerton    v.    Mon- 

tere-.  '     "  an,    1  14 

Cal. 

198      148     K  m  ilating     fe  ilarlea     In    El    Dorado     County. 

371-2:413, 
4:710.      Repeals  the    fees    and    salaries    therein 

nam-'d    by    the    various    county     government     acts     and 
the  fee  bill  of  I89.r. 
213      146     Oonflrmlng    ordinance     840    of    the     supervisors    of    Baa 

173      To    provide    a    law    library    in    San     Francj<-co       Amended 
nap.    IX.    art.    V.    charter   of   San    1'ran- 

241  175  Regulation  of  sailor  boarding-houses  and  shipping  offices 
in    San    Francisco. 

of    San    Jnan.      Superseded    by    incor- 
porating.   I  tatntfl    of    1883. 

-  and  salaries  in  Siskiyou  County.  Amend- 
ed !  719.  See  note  to  p.  148,  chap.  14  1, 
of    this    year. 

273      180      Incorporating      Gilroy.      Amended     1871-2:356;       187 

285      186      In    relation   to   the   county  officers   of   Sierra   County.      See 
note    to   p.    143,    chap.    144. 
224      To    prevent    destruction    of    fish    and    game    in    the    watera 
of  Lake   aferrttt,   Alameda  County. 

352  248      Legalizing   applications   to   purchase   state   lands. 

353  249     To    expedite    the    settlement    of    land    titles    in    San    Fran- 

cisco. 

364  254  Supplemental  to  an  act  concerning  corporations.  Re- 
pealed by  §  288  C.  C.  See  note  to  1850,  p.  273,  chap. 
117. 

389  271  Concerning  county  clerk  and  surveyor  in  Los  Angeles 
County.      See    note    to   p.    148.    chap.    144. 

409      310      Legalizing   conveyances   of   pueblo   landa   in    San   Diego. 


STATUTES    REMAINING    IN    FORCE.  1479 

Page  Chap.  1869-70— Continued. 

413  313  Legating  proceedings  of  city  of  Sonoma  relating  to 
pueblo    lands. 

437  833  Regulating  fees  and  salaries  in  San  Luis  Obispo  County. 
Amended  1871-2:425;  1875-6:912.  See  note  to  p.  148, 
chap.    144. 

471      854      Incorporating    town    of    Hnrnitos. 

473      356      Defining  limits    of    Santa    Rosa. 

523  380  For  the  formation  of  savings,  etc.,  associations.  Re- 
pealed by  §  288,  C.  C.  See  note  to  1850,  p.  273, 
chap.    117. 

562  400  Incorporating  the  fire  department  of  San  Jose.  See 
charter  of  that  city,   1897:624. 

582  422  Concerning  records  in  Sonoma  County  in  a  foreign  lan- 
guage. 

584  425      Lawful    fences   in,  El   Dorado   County. 

585  426      Home    of  •  Inebriates    in    San    Francisco.      Repealed    1895; 

76,   201. 

645      443      Concerning    watercourses   in    the    city    of    Los    Angeles. 

660  454  Authorizing  incorporation  of  canal  companies.  Sup- 
plemented 1871-2:732,  but  repealed,  except  as  to 
pre-existing   corporations,   by    §    288   C.    C. 

666  458  Legalizing  grants  of  town  lands  in  Santa  Barbara 
County. 

668      460      For    the    endowment    of    the    University    of    California. 

686      470      Incorporating    Brooklyn.      Amended    1871-2:409. 

723  494  To  secure  a  lien  on  livestock  kept,  fed,  or  pastured, 
(Johnson   v.    Perry,    53    Cal.    351). 

726  497  Concerning  societies  of  Improved  Order  of  Red  Men. 
See   note   to    1850,    p.   273,    chap.    117. 

779      522      Transcribing  records  of  Santa   Clara   County. 

802  538  Providing  for  improvement  of  public  parks  in  San  Fran- 
cisco. Amended  1871-2:706;  superseded  by  charter 
of    San    Francisco,    1899:354. 

815  548  Concerning  gas  companies.  Repealed  1895:191  (Const., 
art.    XI,    sec.    19). 

822  553  Corporations  for  trading,  manufacturing,  mechanical, 
and  other  lawful  purposes.  Repealed  by  §  288  C.  O. 
See   note  to   1850,   p.   273,   chap.   117. 

881  578  Concerning  foreign  corporations.  In  many  respects  su- 
perseded  by    1871-2:826,    as   amended   by    1899:111. 

883  579  Giving  effect  to  act  of  congress  relating  to  the  Southern 
Pacific    Railroad    Company. 

1871-2. 

4  4     Alameda     County     road      tax      in      Oakland.      Superseded. 

Road    taxes    can    no    longer    be    levied    within    municipal 
•  corporations.      (Co.      Gov.     Act,      1897:466.      Miller     ▼. 

County    of    Kern,    24    Cal.    Dec.    478). 

5  6     Petaluma,    city   of,   powers   and  duties  of  board  of   educa- 

tion   of.      §§5    and    15    amended,    and    §§     16    and    17 
repealed,    1875-6:121.      Twt>    sections  numbered   16   and 
17    added,    1877-8:291.      This    city    was    reincorporated 
in    1384   under   the    statute    of    1883. 
10  1      Sonoma,     city     of,      defining     boundaries.      Superseded    by 

incorporation  of  the  city  under  Hun.  Gov.  Act  of  1883. 


1480 


COMM1  '     lMCPOUT. 


Chap 
10  8 


11  9 


21 

17 

20 

33 

35 

32 

35 

83 

36 

35 

87 

86 

38 

88 

46 

46 

47 

50 

53 

54 

58 

53 

59 

58 

i.l 

59 

62 

62 

St 

65 

n 

72 

73 

75 

75 

1871-2— Continued* 
I  nf.    supplementing    act    n{    April 

-    of    which     supplement 
but     the     original     act     was 

'  I ■  ■  ■      ■  l  ■ . I       1.871-2:248; 

demented       l  81  further 

■    ■         L879-6:2ff; 

by     incorporating 
in    1  ■ :  . 

-     of.      Super- 

ded    by    Pol. 
7»1. 

f->r     Place!     County. 

is     County,     superintendent     of     schools,     act     to 
for. 
Han     1.  ity;     county     nil'  courts, 

dtnent     to 

■1    notaries    public.      Repealed    by 

ikI  jurors,   fees  of.     Probably  re- 

of     the     constitution     »1  i  s- 

tuper- 

jnrurs' 
i   .-  •-.      in;    .  ali    i.u;      Hilton    v. 

I  ler    million,  iplfcate    warrants    to    O. 

public     for. 

m. 

dditiortal    fees    for    rity    and    ooui 

.1   by   5    12,    1885: 

i  -.: 

:i     to     annex 
■ 

Bav 
- 

distribution   of   reports   of.      Sup- 
San      l'i  onty     clerk,     net     in     relation     t 

chart  i  i.    art.    XVI,    and 

■  .    ar'      V. 

_n  hititis;. 
by    amendment  9  :83. 

•  •  i 

hicb   abolii 
To    pr  ■  \  i '1.-  .ind   jacks. 

;  ■  i  .  Repealed 

da     and     hiphways    of.      Repealed     1678- 
•1:11. 
Oakland,  legalizing  ordinances  of. 


STATUTES    REMAINING    IN    FORCE.  1481 

Page  Chap.  1871-2 — Continued. 

76  76  San  Francisco,  concerning  acts  of  county  clerk.  At- 
tempted to  be  superseded  by  1880,  p.  20,  chap.  26, 
as  amended  1891,  p.  5,  chap.  7,  but  they  were  uncon- 
stitutional (San  Francisco  v.  Broderiek,  125  Cal. 
188);    but   now    superseded   by   charter   of   that   city. 

78        77      Santa   Barbara,    legalizing  all   proceedings   of. 

80  80      Naturalization,    provision    for    indexing    names    of    persons 

naturalized,  §  1  probably  in  force;  §  2  superseded 
by  the  fee  bill  of  1895-267. 

81  81      Coroners,     physicians,     summoning    and    compensation     of. 

As  to  §  1,  superseded  by  Co.  Gov.  Act,  1897:490, 
§    142. 

85  88  Sonora,  city  of,  authorizing  establishment  of  fire  de- 
partment. 

87  90  Authorizing  telegraph  between  Los  Angeles  and  Wil- 
mington. 

92  95  To  encourage  destruction  of  squirrels,  etc.,  in  counties 
of  Los  Augeles,  Napa,  Merced,  San  Bernardino,  and 
Santa  Cruz.  Repealed  as  to  Los  Angeles,  1873-4:34; 
as  to  Santa  Cruz,  1873-4:129;  as  to  San  Bernardino, 
1873-4:691;  as  to  Napa,  1877-8:569;  in  toto,  1880; 
108. 

94  99      Regulating    proceedings    in    civil    cases    in    justices'    courts 

in   San   Francisco.      Repealed  by   C.   C.   P.    §    95. 

95  100      Sonoma   County,    additional  notaries  public.     Repealed  by 

Pol.    C,    §    791. 

95  101      San    Mateo    County,    fixing    terms    of    court    of.      Repealed 

by    amendments    to    codes,    1877-8:94. 

96  102      Forest    fires    on    public    lands,    act    to    prevent    destruction 

by. 

97  104     Telegraphic    communication    between     America    and    Asia, 

act     to     facilitate. 

98  106      Colusa    County,     additional    tax    for  judges'     and    district 

attorneys'  salary  fund.  Probably  rendered  inopera- 
tive by  the  constitution,  which  abolished  the  office 
of    county    judge. 

99  107      Trespassing     animals     in     the     counties     of     Los     Angeles, 

San  Diego,  and  Monterey.  Repealed  as  to  Monterey 
County,  1871-2:566;  extended  to  Inyo  County,  1871- 
2,  p.  668,  chap.  450;  repealed  1897:198,  and  1901; 
603,    relating    to    estrays. 

102      109      Mocking    birds,    act    to    prevent    destruction    of. 

105  112  Humboldt  County,  concerning  roads  of.  Amended  1873- 
4:103;  modified,  if  not  superseded,  by  Co.  Gov.  Act, 
1897:452,   and  by   §    2,   stats.   1883,   p.   5,   chap.   10. 

108  113  Wilmington,  incorporating  town  of.  Amended  1871-2; 
446;    §§    8    and    16    repealed    1887:109. 

116  114      Judicial    districts,    act    creating    18th.      Amended    1875-6; 

311;    superseded    by    the    constitution    of    1879. 

117  115      San    Joaquin   River   and    Stockton    Slough,    declaring   navi- 

gable. Superseded  by  Pol.  C.  §  2349,  as  amended 
1891:96. 

118  117      State    board    of   examiners,    controller,    and   treasurer,    pre- 

scribing duties  of. 


Pa«e  Chap 

iai 

1  1  - 

128 

123 

134 

128 

137 

130 

141 

134 

Co  i'.KPoivr. 

1871-2— Continued. 
Military    academies,    act    to    furnish    arms    to. 

tory  of  charter  of.     Amended   1R71- 
li  .t  by  charter 

\ns    muds    in.       I  I   If 

;.'slize  payments  for. 

-     of     sheriff     of. 
Am  -  -    559. 

142     185     Plar.  instruction,    and 

a  of  iii^iiu  1883,  p.  5,  ehap. 

10,    sec 

153     138     Los     L  city    of,    creating    board    of  and 

author 

ric-r     of     1.'- 

157  in     Bhaata,    Iowa   of,    act    to   prevent   hogs   from   ronnli 

Ling    t"    Bedding    in     - 
;• .  and   Modesto  in   St.  ity,  1877-t 

158  142      Com-  ida    of   sheriff    .if.      Sup.  r 

158  ■  corning    e  n   "at    cer- 
tain   ofBeera     of      Amend) 

I    and    in    •  led   by    tl 

l  391    i 86 ;  |  11  I  1901 

159  144     Hum'. i. lilt     County,    additional     notariea     public.     Boner 

seded   by   Pol.   C.    §    791 

160  145     '  ■  for    1 'cation,    construe! 

and    maintenance    of  tied    1873-4; 

358. 

1641      146     OloTerdale,     Incorporating  Amended     1878  l;550;     ;■ 

6:171;    ■  'ting    under   Mun.    Gov. 

169     147     Humboldt    County,    fixing    compensation    of 

in    effect    repealed    by    Co. 
L68,    as  ami-  721. 

169  148  I       oty,    provisions    for    can    of    indigent    sick 

of,      B  '    by   subdivisions   5   and   6, 

Got.    \. ■•.    l  -  ■:    158,   and 

170  1  19  '  OUnty,    pub In-    administrator    authori?- 

act               -  iled    by    Co.    Qar,    Act. 
5    55. 
173     153     Amador    Oonnty,    iupervisora    authorised    to    levy    an   ad- 

dit  ional   tax.     £  general  powen  given 

by    the  »ni    acts. 

177      15H      ■  ting     act     to     regulate 

;in<l   Balai  i<  sera.  •  Su- 

p.  raeded   bj    1 1 

182  161     Terms  of  county   and  probate  court                     .1   by  code 

ameudmi 

183  168     Stanialans   Oonnty,   regnlal  tlary  of  treasurer  at, 

leded    by  Act,     1897-660,    8     191,    aa 

amended    1901:171. 


STATUTES    REMAINING    IN    FORCE.  1483 

Page  Chap.  1871-2 — Continued. 

183  163      Contra   Costa    County,   concerning  bonds   of  public   admin- 

istrator.     Superseded    by    Co.    Gov.    Act,     1897:475,     i 
66. 

184  164      San    Francisco,    additional   notaries    public.      Repealed    by 

Pol.    C.    §    791. 
194      165      Seduction,    act    to   punish. 
189      169     Lassen    County,    fixing    salaries    of    district    attorney    of, 

Repealed  by  Co.   Gov.  Act,   1897:567,   §   209. 
191      173      San      Diego      County,      providing      for      government      of. 

Amended    1874:221;     certainly    modified    and    probably 

repealed   by   Co.   Gov.   Act,    1897:452. 
203      174      Sonomj    Conuty,    act   relating  to   fence   and  pond   districts 

in.      Superseded  as  to  pounds  by  subd.  14,   sec.  25,  Co. 

Gov.   Act,    1897:463. 
212      178      Santa     Clara     County,  regulating     fees    of     county     clerk. 

Amended    1875-6:402;    repealed   by    fee    bill,    1895:267. 

(Miller  v.   Curry,   113   Cal.   644.) 
214      179      Thistle,    Scotch    or    Canada,    act    to    prevent    propagation 

of    in    certain    counties. 
216      181      Sacramento    County,    defining   powers    of    board    of    super- 
visors  of.     Repealed   by    Co.    Gov.    Act,    1897:452. 
220      185      San  Luis  Obispo,  town  of,   act  reincorporating.      Amended 

1871-2:434;    1873-4:328;    superseded    by    incorporating 

under   ilun.    Gov.   Act   of   1883. 
231      188      Minors,    act    to    prevent    sale    of    intoxicating    drinks    to. 

Superseded,    1891:91. 
233      191      Butte    County,    providing    for    the    payment    of    fees    for 

witnesses,    and  jurors.      Amended   1873-4:508;    repealed 

by    fee    bill,    18y5:273,    fixing    jurors',    and    witnesses' 

fees. 

238  198      San    Diego     County,     additional    notaries    public.      Super- 

seded   by   Pol.    C.    §    791. 

239  200      Sonoma,   city  of,   authorizing  sale  of  certain  pueblo  lands. 
251      209      Santa    Clara,    town    of,    act    to    reincorporate.     Amended 

and  sections  added,   1873-4:591. 
270      210     Butte    County,    concerning    salary    of    county    assessor    *)f. 

Repealed  by  Co.  Gov.  Act,  1897-523,   §   171. 
276      216     Alameda,     town    of,     act     to     incorporate.      Amended    and 

supplemented    1874:448;     1876:367;     repealed    1877-8, 

p.    89,    chap.    79. 

282  218      Act    to    more    fully    define    the    crime    of    larceny.      See    § 

495,    Pen.    C. 

283  219      To   establish,   maintain,    and   protect   a  public   ford   across 

Stanislaus    River. 

285  221  San  Diego,  city  of,  act  to  reincorporate.  Repealed*  1875- 
6:815. 

297  224  San  Mateo,  providing  for  construction  and  improvement 
.  of  highways  in.      Repealed  1883,  p.  5,  chap.   10,  sec.  2. 

301  226  Act  creating  and  defining  certain  judicial  districts.  Su- 
perseded  by   the   constitution   abolishing   district   courts. 

304  227  Act  to  prevent  hunting  on  private  grounds.  Amended 
1873-4;792. 

304  228  Plumas  County,  additional '  notaries  in.  Superseded  by 
Pol.    C.    §    791. 


COMMISSI!  ).\  ERS'    REPORT. 


Pag,,  CI  1871-2--('ontitm.Ml. 

County,   act  uoitharn  boundary  of. 

306  230.  r.i.    town    of,    act    authorising    corporate    authori- 

ties  In   t ;i k ••  unci   hold   in   trust   certain   lands. 

307  283  in     Washington    township, 

hie.      Pr  'Kably     repealed     by 
.'■    !     1  -  -'1. 
act    to    legalize,    ratify,    and    confirm 
of    land    made    by     municipal    au- 
thorities   of. 

nutty,       fixing    salary      of      superintendent    of 
iled  by  Co.   Gov.    Art,    1897; 

define    and    establish    boundary    line 
unties   0<    Inyo   and   Mono. 

Superseded  by  C.  0.  P. 

nig     roads     in.      Amended     1871-2, 
I,    ]i     ."..    chap.    10,    sec.    2. 
Santa   Cruz   County,   tel    be   regulate  fees  of  sheriff.     Be- 

. 
A.-t     ii  rate     il"-    <  ■  1 1  y    of    San    Jose.      Repealed 

1-7:.   I  :  119. 

•al    survey    of    the    state    of 
Calif  ided    to    be   repealed   bj 

■»,    p.    6*4,   chap 

towa    of,     granting    to,    state's    interest 
aiids. 
Authori  banana    ol    Mexican 

\\  ai  .  an    ■'.   i   1881 :66. 

DetermJ  •  ael  ihiei    justice    of    1 1 

pxanu  eded  by   the  oonstitntion  of 

to     provide     for 
Rep     ..rd    lo7J  4  :  . 

Santa    '  '  '"'.    proTidu 

Amended     1878-4:538;     re- 
pealed   l  ->77  -  :291. 
1-1     Ii.m  by,     rouds     and     highways    in.      Amended 

hap.   10,   sec.   2. 
in    certain    couirty    records. 
El    Dorado    County,     providing    for    election    of    .treasurer 
and  i      ipensation.     Super- 

|    (5,    190. 
Trinitj  of    board    of 

■  I    by     Co.    duv.    Act,     lo'J7:568,     § 
•J  10. 

ot     to    punish. 
Putting    into   immediate   effect   certain   parts  of  the   Politi- 
cal  and   Pei  al  ( 

384  280      l're\  paaaing    through    inclosures    and   leav 

iug    them    open,    and     tearing    down    fences.      See    §     7, 
l  8  J 

385  283      Sisl  i;  preaervation   of  fish  in  waters  of.      Prob- 

ably  laws  upon   the   i 

See    Pen.O.    H    C35,   636,   636a. 


309 

234 

239 

816 

a  1 1 

32J 

331 

- 

833 

265 

:i77 


380 


J  71 

'J  7 'J 


391 

289 

392 

290 

393 

292 

397 

294 

STATUTES    REMAINING    IN    FORCE.  1485 

Page  Chap.  1871-2 — Continued. 

337      285      Fort    Jones,    incorporation    of. 

Regulating    practice    in     supreme    court.      Superseded    by 

the   constitution   of   1879. 
Concerning    service    of    summons    upon    absent    defendants. 

Repealed   1873-4:495. 
Providing  for  the  more   effectual  prevention  of  cruelty  to 

animals.      Repealed    1873-4:502. 
Santa    Cruz    County,     authorizing    condemnation    of    lands 
for   road   purposes.      Probably    superseded    by    the    pro- 
visions of  subdivisions'  4,   7,   and  37  of  §   25,   Co.  Gov. 
■  Act,    1897:457. 

400  296      Providing   for   appointment   of   a    reporter   in    first   judicial 

district  Repealed  by  the  abolition  of  district  courts 
by  constitution   of   1879. 

401  297      Defining    time    for    commencing    civil    actions,    supplement- 

ing act  of  April  22,  1850.  Codified  and  superseded 
by  C.  C.  P.   §   348. 

403  299  San  Francisco,  relative  to  coroners  in.  Amended  1873- 
4:908;  1875-6:397;  modified  as  to  appointees  by  sec. 
2,  chap.  6,  art.  IV,  charter  of  San  Francisco;  super- 
seded as  to  coroners  generally  by  Co.  Gov.  Act,  1897: 
490.  See  Kuhlman  v.  Superior  Court,  122  Cal. 
636. 

411  302  Yolo  County,  restricting  the  hunting  of  game  in.  Prob- 
ably superseded  by  the  general  laws  on  the  subject. 
See   Pen.   C.   §§    635,   636,    636a. 

413      305      For    the    protection    of    miners. 

415  308  Santa  Clara  County,  providing  for  opening  of  Santa 
Clara  and  Saratoga  avenues.  Repealed  1873-4:556. 
Unconstitutional    (Williams    v.    Corcoran,    46    Cal.    553). 

419  310  Monterey  County,  fees  of  sheriffs  of.  Repealed  by  Co. 
Gov.   Act,    1897:526,    §    175. 

432  317  Alameda  County,  to  encourage  destruction  ot  gophers 
and  squirrels  in.  Superseded  bv  subd.  26,  sec.  25,  Co. 
Gov.   Act,   1897:465. 

432      318      Central  Pacific  Railroad  Company,   act  for  relief  of. 

434  321      Napa    County,   estrays   in.      Repealed   1873-4:705. 

435  322      Concerning    crimes    and     punishments,     supplementing    act 

of  April  16,  1850.  Remains  in  force  (People  v.  Sal- 
vador,   71    Cal.    16). 

437  324      Napa    County,     in    reference    to    county    assessor.      Super- 

seded by  Co.  Gov.  Act,  1897:532,  §  180. 

438  326      Knight's   Landing,    to   prevent   hogs   and   goats   running    at 

large  in.  Probably  repealed  by  §  9,  statute  of  1897, 
p.  198. 

440  330      Santa    Cruz,    in    relation    to    office   of    district   attorney   of 

Repealed  by  Co.  Gov.  Act,  1897:523,   §   171. 

441  331     Lake   County,   concerning  salary  of  district  attorney.      Re- 

pealed by  Co.  Gov.  Act,  1897:562,   §  203. 

442  333      For    the    encouragement    of    agriculture    and    other    indus- 

tries. Probably  repealed  by  statute  of  1880,  p.  49, 
chap.    60,    and   p     62,    chap.    69. 

443  334      Concerning    corporations,    supplementing    act    of    April    22, 

1850.  Amended  1875-6,  730.  Unconstitutional  (Chol- 
lar,   etc.,   Co.  v.  Wilson,   66  Cal.   374). 


i486  COMMISSIONERS'    REPORT. 

Pa«e  Chap.  1871-2 — Continued. 

448      339      Nevada    County,    public    roads    in.      Amended    1878-4:293; 
0:423;    1877-8:279,    864;    repealed    by    statute    of 

i  --  sap.  lu,  sec.  2. 

458      340      San    Leandro,    act    to    incorporate.     Repealed    by    revisiug 

act,    1878-4:68. 
471      342      Santa    Cruz,    act    to    incorporate,    amending     and    supple- 
ag    ar;    of    March    31,    1866.      Superseded    1875-6: 

189. 
475      345      Authorising    transfer    to     the    general    fund    of    money    in 

other   funds  of   the' state  treasury. 
477      347      Butte    County,    to    prevent    hunting    of    game    within    cer- 
ium  private   grounds   in. 
484      B51      Y(>\tur.i     Oounty,     mating     and     establishing     boundaries 

of.      Amended    1878  4,   p.   365,   sec.   4,   chap.  269;    5    15 
Pol.  C.  5 
490     352      San     Bernardino    County,    regulating    fees    of    office    and 
I    officers    of.      A 

by   foe  bill,   1895:209,  and  by  Co.  Gov.  Act,   1897:516, 

§    161. 
496      353      Son<  g   roads  and  highways  in.   Sup- 

plom>  5;      amended      and    new     bi 

last    named    statute   repealed    1875- 

6:5J;  repealed  bj  1888,  p.  5,  chap.  10,  s> 
510      355      Preventing   boga    running   at    large    in    certain    towns.      See 

statute  of  1897,   p.   198,   sec.   9. 

510  35G  irdino,    making   act    protecting   agriculture,    etc., 

bled    provisionally,     1873-4:190;     also 

511  357      San     Francisco,     I'ontirming    order    No.    1004    of    board    of 

supervisors. 

512  358  increasing   and   regulating   police    force   of. 

Superseded    by   chaps.    1-7   of  art.    VI11   of   the   charter 
of    hau    Francisco. 

513  360      San    Francisco,    authorizing    mayor    of    to    convey    certain 

lands. 
529      373      Rod     Bluff,     preventing    hogs     fmra     running    at    largo    in. 

a.  9. 
531      375      Sacramento,    city    <>f,    establishing   and    maintaining   a    dis- 
ry  in.      I'i  y  art.  XII  61  the  char- 

ter of'  Sacramento,    1898 
Concerning  actions  for  libel  and  slander.      Amended  1880: 
81. 

lara   County,   defining  duties  of  county  assessor  of. 
See    S3    148   and   162   of   the   Co.   Gov.   Act,    18'J7;    491, 
507. 
Enforcing    the   collection    of   license   taxes. 
In    rib. Hi. i    to    intor[;'  re    grand   jury. 

Stool  and     opeu 

Mormon    Slough,      Pi  •  1    by    charter    of 

kton,  s,    l  t6  to   !  :618. 

542      389      Napa     City,     act     to     incorporate,      Reincorporated     under 
statute  of   1878-4,   p.    140,   chap.    117,  which  most  oper- 
-  a  repeal  of  the  earlier  statute. 


533 

377 

534 

379 

539 

384 

540 

385 

540 

386 

STATUTES    REMAINING    IN    FORCE.  1487 

Page  Chap.  1871-2 — Continued. 

544  390  San  Francisco,  supervisors  of,  transferring  management, 
control,  and  direction  of  industrial  school  department 
to.  Juvenile  offenders  are  now  committed  to  the  Pres- 
ton School  of  Industry  or  the  Whittier  State  School 
a»s9:100,     111). 

546  892  Sacramento,  city  of,  redemption  of  funded  indebtedness. 
Amended  1887:75;  1889:325;  all  of  these  acts  re 
pealed    1899:85. 

550  395     Napa    County,    for    the    protection    of    fish    and    game    in. 

Probably  repealed  by  the  general  laws  upon  the  sub- 
ject.     See  Pen.  C.   §§    635,   636,   636a. 

551  396      San    Joaquin    County,    providing    for    the    appointment    of 

phonographic  reporter  in.  Repealed,  C.  C.  P.  §§  269- 
274.      (People  v.  Lon  Me,  49  Cal.  353.) 

554  400  State  printing  office,  establishing.  Superseded  and  re- 
pealed by  Pol.   C.    §§    526-540. 

561  405  Siskiyou  County,  district  and  county  courts  in,  time  and 
place  of  holding.  Amended  1877-8:94  (Am.);  re- 
pealed  by    constitution    of    1879. 

561  406  San  Francisco,  in  relation  to  board  of  education  of.  Be 
pealed  1873-4;   782. 

563  407  To  protect  agriculture  and  prevent  trespasssing  of  ani- 
mals on  private  property.  Probably  superseded  by 
1897:198;     1901:603,   chap.   197,  relating  to   estrays. 

566  408  Vallejo,  to  incorporate.  Amended  1871-2:757;  1873-4: 
360,  381;  1875-6:25;  1877-8:398;  superseded  by  char- 
ter of  Vallejo,  1899:370. 

582  413  Sierra  County,  concerning  office  of  treasurer  of.  Re- 
pealed   1873-4:    185. 

584  416  Stanislaus  County,  establishing  a  public  highway  and 
ferry  <>n  San  Joaquin  River.  Superseded  by  sub.  35, 
sec.  25,  Co.  Gov.  Act,   1897:466. 

587  418  State  lands,  for  the  relief  of  purchasers  of.  Amended 
1877-8:914. 

590     420      Oakland,   to   provide  funds   for. 

595  422  Stockton,  reincorporating.  Amended  1873-4:193,  439; 
1875-6:523;  1877-8:220;  superseded  by  the  charter  of 
Stockton,    1899:577 

622      425     Legalizing  purchase  of  lands  belonging  to  state. 

624  427      Solano    County,    to    better    define    the    duties    and    fix    the 

compensation  of  certain  officers  of.  Repealed  by  Co. 
Gov.  Act,   1897:519,   §    169. 

625  428      Mokelumue  Hill,  town  of,  defining  fire  limits  of. 

627  431      San    Joaquin    County,    authorizing    road    districts    in,    to 

levy  a  special  tax.  Repealed  by  statute  of  1883,  p.  5, 
chap.   10,    §   2. 

628  432      Sr.nta      Rosa,      reincorporating.      Amended     1873-4;      378; 

entire  act   amended   1875-6:251. 

650  435  San  Diego,  port  of,  establishing  pilots  and  pilot  regula- 
tions. 

652  436  Santa  Clara  County,  concerning  streams  in.  Amended 
1877-8:293.  Superseded  by  sub.  41,  sec.  25,  and  by 
sec.    52,   Co.   Gov.   Act,    1897:467,   473. 


r.ci 

450 

0  7'! 

685 

BOO 

H8S  ItT. 

•hap.  1871-2 — < 

657  442      Public   wJlJU  Joaquin    River,   act  concerning. 

658  444  ni|i..\vrrinp    board    'if    trus- 

tees    to     grade     and  3  led     by 

•  -iiiiii.      fc£e;      anil    by     the    incorporation     of 
the  city  under  Man.   Ootr.   eel 

protecting   growing   crops   in.      Probab 
■ 
f ii rt  hi-r      accommodation      for.      Bnper- 
■  I     the     institution     by     1897: 

San     Kr  harmacy,      regulating      practice    of,     in. 

Am.  <l    1888:93. 

ionhnre     and    ]>r 
ded    18T8*4:760;    modi- 

••  of  state  bonds  for. 
relating     I 
;  i:53. 

096  •:  lenient  of,   sup 

•  !    M ;i y   l,    1831.     Repealed  by  0.  O.  P. 
i    U 
598     4C8     Amador   County,    providing   for   the   payment   by,    to   Oala- 

•  iin    indebtedness; 

f  Ho  rob  11,   i  *f>Q. 

ri    in    i-ourts    of    rec- 

defining  •   lawful   end   partition 

■ri     of     men     belonging 

irbJle  in  the 

. 

IX.    iliarti-r    of    San 

foi    payment    of    salaries    and 
u   peeled    by    (Jo.    Gov.    Act,    1897: 

■alary  of  treaeurer  and  a> 
I,    §    171. 

h.    authorizing    inhab- 
itanl 

dnidiug     state     into.      Repealed 

.'i"ii     of    Sacramento,    orgatus- 

aion   of  bonds   of. 
to    swamp    land   district   No.   70. 

rtaia    officers    of. 
Re]  l,  {   160. 

711  :     and     clerk    of 

7CC       490  and    mar 

ket  places  in.      Amei  .1  d    I 


711 

718 

716 

1-7 

STATUTES    REMAINING    IN     FORCE.  14&I 

Page  Chap.  1871-2— Continuod. 

725  492  Antioch,  defining  boundaries  of.  Superseded  by  incor- 
porating   the    town    in    1890    under    Mun.    Gov.    Act    of 

728  495  San  Franeiaeo,  board  of  state  harbor  commissioners  au- 
thorized to  sot  off  a  part  of  water-front,  for  certain 
purposes.  Superseded  bv  Pol.  C.  §  2524,  as  amended 
1R89. 

730  498  Sacramento,  city  of,  authorizing  George  W.  Chesley  to 
lay    gas-pipes    in. 

732  500      Canal    companies    in    Tehama    County,    authorizing    incor- 

poration   of;    supplementing    act    of   April    2,    1870. 

733  501      Plumas   County,   fixing  salary  of  district   attorney  of.      Re- 

pealed by  Co.  Gov.  Act,   1897:565,   I    2 

735  503      San    Francisco,    conferring    additional   powers   on   board   of 

supervisors  and  on  auditor  and  treasurer.  Superseded 
by  charter  of  San    Francisco,   1899:241-368. 

736  504      San    Fri  ncisco,      facilitating     and     increasing     state     and 

county  and  municipal  licenses  in.  As  to  collector  of 
licenses,  superseded  by  chap.  5.  art.  IV,  of  the  char- 
ter of  San  Francisco,  1899:274;  as  to  power  to  impose 
licenses,  by  sul>.  15  of  sec.  1,  chap.  2,  art.  II,  of  the 
same  charter.  1899:248;  and  probably  the  whole  stat- 
ute is  superseded  by  the  various  provisions  of  this 
charter. 

749  509  Santa  Barbara  and  San  Luis  Obispo  counties,  estrays  in. 
Probablv  repealed  by  the  estray  law,  1897:198;  1901: 
603. 

754  511      Animals,     concerning     assessment     of.      Attempted     to     be 

modified  by  1873-4:376,  which  was,  however,  declared 
unconstitutional  in  People  v.  Townsend,  56  Cal.  634. 
The    decision   seems   applicable   to   both   statutes. 

755  512      Tehama    County,    relating   to    certain    officers    of.      Repealed 

by    Co.    Gov.    Act,    1897:452,    §     193. 

756  514      Tehama   Countv,   relating   to    salary   and   duties   of   assessor 

of.      Repealed   by   Co.    Gov.    Act,    1897:452. 
756      515      Del    Norte    county,    supervisors,    changing   planner   of   elect- 
ing.     Amended    1873-4:12;    repealed   by    Co.    Gov.    Act, 
l-:>7:452. 

760  520      Monterey      County,     fixing      terms     of     county      court      of. 

Amended  1875-6:35;  repealed  1877-8:94   (Am.). 

761  521      North     Beach     and     Mission     Railroad     Company,     granting 

certain    privileges    to. 

764  526      San    Francisco,    preventing    hunting    and    shooting    on    pri- 

vate   grounds   in. 

765  528      San    Francisco,    authorizing    the    conveyance    of    a    certain 

bit  to  San  Francisco  Ladies'  Protection  and  Relief 
Society. 

766  531      Humboldt,    Mendocino,    Trinity,    and    Klamath    counties,    to 

provide    for    denning    boundaries    between. 
772      535      San    Francisco    and    Alameda    County,    authorizing    super- 
visors   to    provide    suitable    rooms    for    third    and    nine- 
teenth   district    courts.      Superseded    by    constitution    of 
1879,  abolishing  the  courts,   and  see  0.  C.  P.   §   144. 
Gen.  Laws— 94 


1190  CO'  US'    REPORT. 

•hap.  1871   .  •  tinl. 

.    rasdfl    and    highways    in.      H.v 
LSI 
7' •  1  •*    DJlder    sentence    of    im 

in    jnil   ..f  y    sub.  29.    M 

•    •   ppi<  met  ting  n.-t   .if 

mith  >ri»li  |  nrtsori    to    Itl  :     I 

•     Got. 

d    Plomaa   e  g   fi*h   in   iratei 

796 

■  - 19,    aboliabing    the 

cmrt. 

798     550     Public    admioiatntora,    providing    for,    in     certain 

7:490,    S!    143    t..    1  17. 
-  ■•ier. 
Humboldt 

I         th<>         TO)]' 

Probably  super- 
•     Led        1 

I    in    certrn 
t?     171.     177.     186,    ami    'J  1  I     .,! 
I  i,    5CR,    fix; 
aajmi 

proTiding    for  ttoa   of   tramrosd 

oompanies    in. 

:iry,    aotboi  (minting    of    <U- 

is   by. 

f..r  the   payment   of   Interact  on   trustees  order* 

■ 

to    certain   lands   in. 

'11-77- 
itntion     of     1879        '  Mr 

• 

I  department    In.     Fur- 

ther   dntiea    of    librarian    terminated    by    transfer   of    the 

ins;     bureau 

'    '.  .    i .    1  -  - 1 

-ker     Art     Gallery.     1 

-  .-.r,     Ffareii  Amandad 

835     570     Reclamation    and    l 


STATUTES    REMAINING    IN    FORCH.  1491 

T'agre  Chap.  1871-2 — Continued. 

845      674      State   insane   asylum,    superintendent   of.      Repealed   1877- 

8:767. 
840      576      San    Francisco,    common    schools    of.      Superseded    by    art. 

"VII  of   the   charter  of   San   Francisco,    1899:317-325. 
850      580      Santa    Clara    County,    authorizing    supervisors    to    pay    cer- 
tain   monevs    to    coun*y    clerk    and    auditor.      Repealed 
by   Co.   Gov.   Act,    1897:452. 
861      584      San   Joaquin   County,    protecting  certain   lands   from   over- 
flow. 
863      585      Sacramento  County,    fixing:   compensation   of   district   attor- 
ney.     Superseded   hy    Co.    Gov.    Act,    1897:452. 
866      587      Sacramento,    establishing    paid    fire    department    in.      Sup- 
plemented   187:?-4  :"0Cj ;     superseded    by    art.    X    of    the 
charter    of    Sacramento,     1893:591-595. 
871      588      State    printer,     act    relating    to.      Superseded    by    Pol.     C. 
§    540,   sub.  4,  relating  to  superintendent  of  state  print- 
ing. 
Tehama  County,   cemeteries  in,   supporting. 
State     treasury,     providing    for    payment     of     certain     con- 
troller's swamp  land  warrants. 
San   Joaquin    County,    regulating   salaries   and    fixing   com 

pensation    of    officers    of.      Repealed,    1873-4:578. 
San    Francisco,    house    of    correction,    providing    funds    to 

build  a. 
Sacramento    Countv,    additional    notaries    public    in.      Re- 
pealed by  Pol.  C.   5    791. 
Sacramento     Countv,     swamp     lands     in,     funds     for.      Re- 
pealed   1873-4:274. 
886      598      Siskiyou    and    Lassen    counties,    providing    for    survey    of 

line   between. 
891      602      Mariposa    and    Fresno    counties,    defining     boundary     line 

between.      Amended    1873-4:100. 
901      614      San   Francisco,   providing   for  repair   and   improvement   of 
roads  and  highways  in.      Probably  repealed   by   1883:5, 
chap.    10,    sec.   2;  "also  by  charter  of   San   Francisco   of 
1899. 
Yolo    and  Lake   counties,   defining  boundary  line  between. 
Orphan    asylums,    appropriation    for.      Apparently     super- 
seded by  1880:13. 
San     Francisco,     concerning     sheriff     of.      Superseded     by 

charter  of   San   Francisco,   sec.   2,   chap.   6,    art.    V. 
San    Francisco,    authorizing    commissioners    of    the    funded 
debt  to  transfer  certain  funds  and  property  to. 
911      626      Montgomery    Avenue,    opening    and    establishing.      Supple- 
mented   1873-4:522. 
Public    buildings    and    structures,    regulating    erection    of. 
Superseded  as  to   state  officers  and  works,   1875-6:427. 
Channel   Street   and   Mission   Creek,   construction   of   open 

canal    through. 
Navigable    streams,    providing    for    location    of    tow-paths 

along. 
Solano    and    Yolo    counties,    protecting    from    overflow    by 
Putah    Creek.     Repealed    1873-4:84. 


872 

590 

873 

591 

874 

692 

878 

593 

881 

596 

881 

597 

90S 

615 

903 

616 

904 

617 

909 

622 

925 

628 

926 

629 

940 

632 

941 

633 

1871 
045      (334  Hist 

'it    that 

aha  I!  •     • 

•   r 
which 

rt*in    land*, 
of    gubordinate    ofti.-'-rs.     ptxh 
n    of. 

1873-4. 

pTnhihit- 

lug    ■ 

-    in,     sup- 
by    Co. 

'  '1'iiini    no- 

by 

'    In- 
■inn     ili« 

Till: 

■dd  tional 

nni- 

1     io»la- 


18 

n 

81 

30 

35 

50 

59 

60 

81 

63 

66 

STATUTES    REMAINING    IN    FORCE.  14S»3 

Page  Chap.  18734— Continued. 

H3  67  San  Leandro,  inc  irporating,  revising  act  of  March  21, 
1872:458.  Superseded  by  incorporating,  in.lS92,  un- 
der statute  of    1 

SO  69  Nevada  County,  protecting  game  in.  Probably  modified 
and  repealed  by  Pen.  C.  §§  626e,  626f,  626h,  and 
626i. 

82  72      Davisville.  estrays  in.      See  sec.  9,  statute  of  1897,  p.  198. 

83  74      Mariposa    County,     regulating    salaries    of    certain    officers 

of.      Repealed  by  Co.  Gov.  Act,   1897:566,  §  207. 
85        77      San   Diego,   city  of,   concerning   conveyances  by  municipal 
authorities    of. 

90  84      Alameda    County,     county    assessor,     abolishing    office    of 

and     creating     township     assessors.      Repealed     by     Co. 
Gov.     Act,     1897:452. 

91  8*      Eureka,      incorporation     of.      Supplemented      1875-6  :'.!n.3; 

amended    1875-6:334;     repealed    by    charter    of    Eureka 

1895-355. 
95        87      San   Benito   County,-  act   creating.      Supplemented   187D-4: 

42i-    the   latter   act   supplemeuted    1875-6:177;    original 

act    amended    1887:103. 
101        92      San   Diego   and   San   Bernardino   counties,    fixing   salary   of 

county     judge.      Superseded     by     the     constitution     of 

1879,    abolishing    the    office. 
108      100      Napa   County,    fixing   fees  of   county   surveyor. 

108  102      Stanislaus    County,    additional    notaries    public.      Repealed 

by    Pol.    C.    §    791. 

109  103      Humboldt   County,    fixing   compensation   of   certain    officers 

of.     Repealed  by   Co.   Gov.   Act,    1897:518,    §    168. 

109  104  Tuba  County,  salaries  of  officers.  Repealed  by  Co.  Gov. 
Act,    1897:553,    §     194;    amended    1901:777.' 

Ill  106  San  Rafael,  incorporating.  Amended  1877-8:767;  super- 
visors  in.      Superseded   by    Co.    Gov.    Act,    1897:452. 

Ill  106  San  Rafael,  incorporating.  Amended  1877-8:767;  super- 
seded by  incorporating,  in  1889,  under  Hun.  Gov.  Act 
of   1883. 

124  107  Modoc  County,  creating.  Supplemented  1873-4:517;  § 
4  of  last  named  act  repealed  as  to  Adin  township, 
1877-8:111. 

132  112  Estates  of  deceased  persons,  collection  of  savings  bank 
deposits  by  next  of  kin.  Amended  in  every  section, 
1895:32. 

132      113      Oakland,    granting    certain    salt-marsh    and   tide    lands    to. 

139  115      San    Francisco,    additional   notary   for.      Repealed   by    Pol. 

C,    §    791. 

140  116      Tax  sales,   legalizing  certain  notices  of. 

140  117  Napa,  city  of,  reincorporating.  Amended,  1875-6:550; 
1877-8:1011;    superseded   by   charter,    1893:641. 

153  120      Marysville,    superintendent    of    public    schools,    fixing    sal- 

ary  of. 

154  121      Tuolumne    County,      supervisors,     prescribing     commence- 

ment of  terms.      Repealed  by  Co.  Gov.  Act,  1897:452. 

154  122      Plumas     and     Sierra     counties,     protecting     fish     in.      Re- 

pealed   1875-6;    72.5. 

155  123      Colusa  County,  county  and  probate  courts,  terms  of.     Re- 

pealed   1877-8:94    (Am.). 


120 

no 

171 

134 

171 

14*4  COM. MIS  'LKPOKT. 

Pnpp  r-hap.  1873-4 — Continued. 

158      127      Nairn    County,    board  -   .    rporfranizinsr.      Snp- 

I      I 
55    14  18. 

160      12$  hip       hoard       of  estnhlishinir. 

•  it    if   thf   <■  I 

.Vil     hy    the 
rh;ir1iT    of    thnt     <Mty. 

tv    rlnrk     fixing   nalnry    of.      Rppp.Tird 
■ 
Butte   County,    inperii  >ls,    fixing   salary   of. 

i  -  7  "•  f  j  :  1  ]  0  ;        IU] 
noder  sia- 

tixing    nal:i~  |     .if. 

(iov.     \r- 
I  7  I 
177        1''  -,p|,.. 

: 
111. 

177  rring 

furth 

■ 
rto. 

Mtion    for    hir 

i.         tied    by    Co     Gov. 
I    66. 

,.,  rv    ..f. 

Got. 

. 

5    160. 

•s.      re>rgan: 

•i     of 
7.    and 
I 
213  r  •■•I    along    boundary 


1- 1 

147 

188 

1  1- 

STATUTES    REMAINING    IN    FOKCiS.  14».i 

Page  Chap.  1873-4 — Continued. 

223      162      Yuba      Comity,      overflow,      protection      of      lands      from. 
Amended    1877-8:789. 

228  163      Sonoma  County,  county  surveyor  of,  fees  of. 
3  64      Mono    County,    stallions   running   at    large. 

229  166      Santa    Cruz,    town    of,    Isaac    E.    Davis    and    Henry    Cowell 

authorized    to    lay    water-pipes    in. 

229  167     Humboldt    County,    jurors    in    courts    of    justice    of    the 

peace    in.      As    to    jurors'    fees,    repealed    1805:273. 

230  168      Santa    Clara    County,    recorder    of,    fees   of.     Repealed    by 

the   fee   bill    of    ]  -'  5 

231  169      Santa    Clara    County,    complete    records    in,    providing    for 

the    keeping    of.      Superseded    by    Co.    Gov.    Act,    1897: 
484,    §§    120.    121,    as   to   recorders   only. 

235  171      Loan    com]  additional    powers    to.    add- 

ing to   act   of  April   2.    1870:640.      Superseded  by   1891: 
210. 

236  172      Fresno      and     Kern      counties,      treasurer     of,      salary     of. 

d&d    1877-8:365;     repealed   by   Co.    Gov.    Acts,    see 
- 
236      173      Inyo    and    Alpine    counties,    traveling    fees    of    sheriffs    of. 
Amended    1877-8:372;    repealed    bv    Co.    Gov.    Acts,    see 
1897:508,    571,    572,    5§    211,    214,    215. 
239      176      Nevada    Oauafcy,    quarterly    meetings    '>f    supervisors.      Re- 
pealed by  Co.  Gov.   Acts,   see   1897:452. 
242      179      Salinas    city,    incorp  -ration    of.      Repealed    1875-6:119. 

271  181      San     Francisco,     industrial     school     department     of.      Prob- 

ably   superseded    by    1839:100,     111,    chaps.     103    and 
108. 

272  182      San    Francisco,    Cemetery    Avenue,    authorizing    supervisors 

t,o  convey  a  certain  piece  of  land  comprising. 
274      184      Los   Angeles,   city  of,    pablMS    library,   establishing  in.      Su- 
perseded   bv    art.    VTII    of    the    charter   of   Los    Angeles, 
i:483.      (People   v.   Howard,    94    Cal.    73.) 
277      186      Stanislaus    County,     separating    office    of    county    recorder 

fr>m     office     of     county     clerk.      Amended     1873-4:448; 

1-77-3:1001;    superseded  by   Co.   Gov.    Acts,    see   1897: 

452. 
280      189      Nevada    County,    indexing    certain    records   of. 
283      193      Tulare     County,     public    roads     in.      Amended     1875-6:11; 

repealed,    1875-6;    531. 
294      195      San    Luis   Obispo,   town    of.    funds   for.      Superseded   by   in- 
corporating, in   1834,  under  Mun.  Gov.   Act  of  1883. 
297      198      Intoxicating    Liquors,    preventing    sale    of    on    election    days. 
297      199      Orphan  and  abandoned   children,  care  of.      Amended  1877- 

8:82. 
302      205      Martinez,    animals    running    at    large    in.      Superseded    by 

1875-6:822,    §    7. 
304      206      Tolo     County,     supervisors,     terms    of    office    and    time    of 

meeting   of.      Superseded   by   Co.    Gov.    Acts,    see.  1897: 

452. 
308      211      Alameda    Creek,    declaring    navigable,    and    providing    for 

the    removal     of    obstructions     therein.      Superseded    by 

Pol.   C    §   £349,   as  amended   1891. 
310      213      Butte     County,     protection     of     agriculutre     in.      Amended 

1875-6:314;    superseded    by    1897:198. 


14M  COMMIS  REPORT. 

Page  Chap.  187^  :ird. 

J 14      Los     Angeles     C<i\i-it  y.     irrigation,     promotion     of.      Super- 

.    sec     i.   art, 
X!  and  statute  of   1881:54. 

s.'C    9,    statute    of    1897,    p. 
5    10. 
321  ti-1     miis:i  .if.      Amend-d     l-:?*  0:338. 

•dors   on.      Amended    1881: 

additional    notary    public    for.      Su- 
0 
329  io   counties,    title   to   certain   lands   in,    qui- 

830      228      Ban)  •':    i    l-*75-6: 

1  super- 

-•    r     >f    Snuta    I'.arUara;    1899:450. 
rvations    in. 
839  public     h  \ie     district.      A: 

I.    C.    9    1C19,    at   amended 

341      239  .,    granting    right    to    construct    road 

Los  ■     Institute,    conferring   further   powers 

■ 

protection    of.      Repealed    1  OTT- 
8:."' 

■   • 

■  if,    in    Fresno,    Tulare,    and    Kern 
lies. 

-  :.n~.i/ing     board     of     supervisors     in. 
• 
•d  181 

'.     salaries 
of.  !iy   the   constituti  "■   of   1879,   abolishing 

the    ol 

I    and    l"an    of    certain    funds    in. 
■t    Biid    Yolo    school    district,    uni" 
of.     Amended   1875-6:19:    : 
incorporating,    in    1891,    under 

■s.    making    women    eligible    to. 
37. 
.1   and   pnrtition   fences   in.      Amended 
• 
864      267  County,    levy  of   additional   tax   in. 

IS  I   18,    sec.   25,    Co.   Gov.    An 

in    new    counties. 
866  i      and      a?  '       ricta,      defining.      Amended 

•        •  !     ■.-..!      I 

870      271      San  '     :    certain    ordinances    of    and 

to    Texas    and    Tacific 

874     272  rpaneaa    of. 

Mibs.'l2   and   18,   ace.   25,   Co.   Got.   Act,    1897:460. 
403. 


841 

240 

8«8 

845 

STATUTES    REMAINING    IN    FORCE.  149! 

Page  Ch-'p.  1873-4 — Continued. 

376      273      Migratory    herds    or    bands    of    livestock,    assessment    of. 

Supplemented     1875-6:797;     unconstitutional.      (People 

v.   Townsend,    56   Cal.    633.) 
382     278     Plumas    County,    tax    collector    of,    fees    of.     Repealed    by 

Co.  Gov.  Acts,   see  1897:566,  572,   §§  206,  215. 
382      279      Sonoma     County,     salaries    and    compensation     of    certain 

officers     of.      Amended     1873-4:720;     1875-6:576,     726; 

repealed  by   Co.   Gov.    Acts,    see    1897:509,    §    163. 

391  285      San    Diego,    city    of,    school    districts,    legalizing   and   con- 

firming   boundaries    of. 

392  286      Napa    County,    salaries    and    compensation    of    certain    offi- 

cers. Amended  1877-S:551;  repealed  by  Co.  Gov.  Acts, 
see    1897:532,    §    180. 

393  287      County    treasuries,    protection    of.     Probably    repealed    by 

Co.  Gov.  Acts,  see  1897:462. 

394  288      San    Francisco,    training    ship,    establishing   and   maintain- 

ing.    Repealed    1875-6:54. 

395  289      San    Jose,    reincorporating.      Amended    1875-6:627;    1877- 

8:289,    846;    1891:97;    superseded    by    the    charter    of 
San  Jose,   1897:593. 
420     290     Yolo    County,    regulating   fees   and    salaries   of   officers    of. 
Amended    1875-6:170,    566;     1877-8:637;    repealed    by 
Co.   Gov.   Acts,   see   1897-533,    §    181. 

430  293      Estate   of  Sumner   B.   Hinds,   deceased,   authorizing  trans- 

fer of  certain  promissory  notes  belonging  to,  to  the 
territory  of  Washington, 

431  294     Tehama   County,   poll   tax.     As   to  the   assessors  retaining 

fees,   repealed  by   Co.   Gov.   Acts,   see   1897:552,    §    193. 

433  298      Marin    County,    compensation    of    certain    officers    of.      Re- 

pealed as  to  county  judges  by  the  constitution  of  1879, 
and  as  to  the  other  officers  by  Co.  Gov.  Acts,  see 
1897:554,    §    195. 

434  299      Lake    County,    restricting    sheep    from    being    herded    or 

running  at  large  in  certain  parts  of.  Amended  1875- 
6:312. 

434  300  Intoxicating  liquors,  permitting  voters  to  vote  on  ques- 
tion of  granting  license  to  sell.  Repealed,  1875-6:10; 
unconstitutional    (Ex   parte   Wall,   48   Cal.   279). 

443  309  San  Diego  County,  assessor  of,  compensation  of.  Re- 
pealed^by  Co.  Gov.  Acts    see  1897 :51a,   §   165, 

443  310  Amador  County,  supervisors,  act  in  relation  to.  Re- 
pealed by  Co.  Gov.  Acts,  see  1897:453,  492,  §§  10, 
157. 

446  313  Amador  County,  revenue  of.  Superseded  by  subs.  12 
and  18,   sec.  25,  Co.  Gov.  Act,   1897:460,  463. 

453  319  Tuolumne  County,  township  officers,  regulating.  Re- 
pealed by  Co.  Gov.  Acts,  see  1897:474,  §  57;  also 
C    C.  P.   §    103. 

453  320  Santa  Clara  County,  roads  and  highways.  Amended  1875- 
6:167,  606;  unconstitutional  as  to  condemnation  pro- 
ceedings ("Weber  v.  Santa  Clara,  59  Cal.  265)  ;  re- 
pealed 1883:5;    chap.   10.   sec.   2. 

465  321  Sacramento  County,  East  Park,  protection  of  property 
of. 


UM 

Po*e  Chap. 

it.      R#p*»l.-d    b> 

•     I 


S.-in 

IM 

'    rn»flc 
Ij   in. 


1    and    II    20 

1 

I    1 

■ 


1;.  .     .  ». 

Aeu.    »M 


STATUTES    REMAINING    IN    FORCE. 


usa 


Page  Chap.  1873-4 — Continued. 

539      378      Mendocino    Uonnty,    reflating    fees    of    certain    officers    of. 
iled   by   Co.    Gov.   Acts,   see   1897:525,    §    174,   and 
fee   bill   of   1895:967. 
543      380      Public    buds,    bona    fide    settlers   on,    protection    of. 

543  381      Pre-emption    and    homestead    claimants,    protection    of. 

544  382      Mendocino     County.     Big     River    township,     purchase     and 

ruction    of    free    bridges    in.      Amended    and    sup- 
plemented   1873-4:791. 
557      388      Woodland,     reincorporating,      Amended    and    supplemented 

1875-6:818;    am led     1877-8:84,    447;    superseded    by 

incorporating,  in   1890,   under   Man,  Corp.   Act  of  1883. 

573  401      Sutter   County,    roads   and   highways    in.      Repealed   1883; 

5,    chap.    10,    sec.   2. 

574  402      Inyo    Countv,    additional    notaries    public    for.      Repealed 

by   Pol.   0,    §    791. 

574  403      San    Francisco,    board   of   education   to    exchange   a    lot    of 

land. 

575  404      San    Joaquin    County,    regulating   salaries   and   fixing   com- 

pensation of  officers  of.  Repealed  by  Co.  Gov.  Acts, 
see   1*97:505,   §    164. 

579  405  Calaveras  County,  agriculture,  protection  of.  Supple- 
mented  1875-6:901;   repealed   1897:198. 

582      411      Homesteads,   alienating  or  incumbering. 

588  415      San   Francisco,    supervisors,    ratifying   and    confirming    cer- 

tain ordinances  of.  Unconstitutional  (Reis  v.  Graff, 
51    Cal.    86;    Brady   v.    King,    53   Cal.   44). 

589  415      San    Francisco,    supervisors,    legalizing,   ratifying,    and  con- 

firming  certain    orders   and   resolutions   of. 

590  416      San    Francisco,    legalising   grades   of  certain    streets. 

593  418  Trinity  County,  supervisors  to  fix  and  pay  compensation 
of  under-sheriff  of.  Superseded  by  Co.  Gov.  Acts,  see 
1897:568,     §     210. 

593      419      State  treasurer  to   pay   controller's  warrants. 

599  421      Sacramento     County,     allowing     certain     persons     to     take 

possession  of  and  improve   a   certain   road  in. 

600  422      Santa   Clara    County,   auditor,   seal  of  office. 

601  423      Alameda    Countv,    deputy    sheriff    of,    fixing    compensation 

of.      Repealed  1897:501,   §   160. 
(102      425      Yolo   and   Solano   counties,    supervisors,   powers   of. 

602  426      San     Francisco,     district     attorney    of,     office    of.      Super- 

seded by  chap.  3  of  art.  V  of  -charter  of  San  Fran- 
cisco,   1899 

605  430  Los  Angeles,  city  of,  special  school  law  of,  amended. 
Superseded   by    charter   of   that   city,    1889:455. 

607  433  Trinity  County,  supervisors  to  fix  rate  of  tolls  to  be 
charged  on  wagon  roads.  See  Co.  Gov.  Act,  1897:452, 
§   23,    sub.   36. 

610      435      Sant,>    Clara    C<  and  salaries   of  officers   of.      Re- 

pealed by  Co.   (.  sae  1897-506,    §    161. 

614  436  Nevada  school  district,  b  jard  of  education  of,  establish- 
ing  and   <  _  and   duties   of. 

616     437      Contra  y,    quieting   title   to   certain  salt-marsh 

and   tide   lands   in. 


•NEWS*    REPORT. 


Page  Chap.  1873-4 — Continued. 

rnanlino.     and     Los     Angeles     counties. 
In.      See    Si    217,    21- 

618  4-11      S.m    I., lis    Obispo,    Santa    Barbara,    and    Ventura    OOtti  ties, 

i    as    to 
dilution    of    1879,    abolishing 
is  to   the  other  offices,  by   the   Co.  Gov. 
Acts. 

619  442      Btmys    Mid  -tion    of. 

I    fur    lighthouses    and   other   aids    to    navi- 
gate 
SSI      144      I  .    public    and    private    roads    in.      Amended 

-77-8:327;    repealed    1883:5,    chap. 

633      447  -    of,    amended    1875-6 

Led  by   charter  of   that   city, 

660     448  separating  rder  from 

:.'••■  iled   by 

663      451      State    harbor    c  re   to    muke    repairs    on    private 

wharv.'s    in    their   posjsjeeeJ 
665      453  :     of.      Amf  '  :f>0,    801;     su- 

ireting,   in    ih«3,   under   Man.  Gov. 
. 
G75      4.'4      II   1  1      by      incorporating 

statute    of 
689      455  .■.    swamp   land   district   No.    118. 

090  »n   of,   name  changed   to   Lodl. 

.;     assessment     in.      U: 
h,    '.1    (al.    15). 
692  r    ex  officio 

ex  y    audi- 

tor Acts,   see    1 

..il    of. 
700  1*1    "ct"    °f   certain. 

700      46  h  ;ties,     establishing     county     line 

.  ity     recordor,     salary     of.      Re; 

.-.    amending    and    supplementing 
■ 
i"05      4  7 1  s   of   act   l 

700  of,    to   execute   certain   trusts.      Repealed    1878- 

707      474       •'  "    '"• 

| 

to    transfer 

709 

La,   sea   1897 


STATUTES    REMAINING    IN    FORCE.  1501 

Page  Chap.  .    1873-4 — Continued. 

711  481  San  Francisco,  supervisors,  auditor,  and  treasurer,  addi- 
tional   powers.      Supplemented   1875-6:74. 

714  484  Sacramento,  city  of,  auditor  and  ex-officio  clerk  of  board 
of  trustees,  salary  of.  Repealed  by  the  charter  of 
Sacramento,    1893:547. 

726  498      Coal  mines  and  miners,   protection   of. 

727  499      San    Jose,    law    library    in,    establishing.      See    statute    of 

1891:430,  which,  however,  does  not  repeal  this  act, 
i.f  a  library  had  been  established  under  or  preceding  it. 

728  500      Sacramento,    city    and    county,      streets      and     roads     in. 

Amended   1875-6,   by  repealing   §    1,    p.    303. 

731  502      Firemen    in    certain    counties,    to    be    exempt    from    pay- 

ment   of    poll    tax.      Repealed    1875-6:287. 

732  503      Constitution   of   state,    convention    to   revise. 

732  504      Merced    and    Stanislaus    counties,    witness    fees    in.      Re- 

pealed   1875-6:493. 

733  505     Butte    County,     salaries      and    compensation      of     officers. 

Amended     1875-6:753,     906;      1877-8:248;      superseded 

by    the    Co.    Gov.    Acts    (Lynch    v.    Butte    County,    102 

Cal.    448). 
745      510     Mutual    benefit    and    relief   associations.      Amended    1880: 

25;   1901:6. 
751      516      Children,    educational    rights    of.     Repealed    1903:388,     § 

13. 

753  517      Solvent    debts,    taxation    of.     Repealed    1875-6:772,    chap. 

508,    amending  codes. 

754  518      Placerville,     city     clerk    to     execute     certain     trusts.      Re- 

pealed   1875-6:328. 

755  520     Klamath     County,     annexed    to    Humboldt    and    Siskiyou. 

Amended  and  supplemented  1875-6:603. 
766      531      Mineral    lands,    sale    of.      Amended    1875-6:20;    1880:26; 

repealed    1897:438. 
768      532      El  Monte  township,  Los  Angeles   County,   protection   from 

overflow. 
770      533      Sale  of  swamp   lands,   distribution  of  funds   derived  from. 

776  539      Red  Bluff  and  Tehama,    estrays  in.      Repealed   1877-8:79. 

777  540     Mutual   Life  Insurance  Company  of  New  York  and   Equi- 

table  Life  Insurance  Company  of  the  United  States, 
authorized  to  invest  money  in  California. 

780  545  Railroad  from  Marysville  to  Knight's  Landing,  construc- 
tion   of. 

783  548  Solano  County,  county  seat,  location  of.  Already  lo- 
cated by  Pol.   C,    §    3956. 

785  551  Branch  state  prison  near  Folsom,  erection  and  mainte- 
nance   of.      Superseded    1889:404. 

789  553      San   Francisco,   ratifying  order  of   supervisors   of. 

790  554     Moro   Cojo   Slough   declared   navigable.      Repealed   by   Pol 

C.   §    2349,   as  amended   1891. 

794  561      Coroners    and    elisors,    fees   of.      Superseded    by    Co     Gov 

Acts,   see   1897:481,    §    105. 

795  564     Alameda,  town  of,  streets  in. 

796  565      Tehama    County,    making    treasurer    of    ex-officio    tax    col- 

lector. Amended  1875-6:232;  repealed  by  Co.  Gov. 
Acts,    see   1897:452. 


ilT. 

1873-4-  !.  . 

799      568      <)akl.->  tion  of. 

\  I  ■  r ; '      CI 

807      575  Mid     mnin 

.irt.    XII.  n     I-'rnn 

818  ippr- 

I 

•    • 

585      Sanl 

MI 

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•'tiiifT 

of. 

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tablet   in 

In. 

M       Of. 

a    r.-ml    I  ■  | 

I 


887 

641 

892 

642 

896 

645 

896 

646 

904 

650 

905 

652 

909 

658 

STATUTES    REMAINING    IN    FORCE.  1503 

Page  Chap.  1873-4 — Continued. 

873  637  Colusa  County,  fees  of  office  and  salaries  of  certain  offi- 
cers, regulating.  Repealed  by  the  fee  bill  of  1895: 
267,  and  by  Co.  Gov.  Acts,  see  1897:452. 
885  638  Sacramento  County,  delinquent  reclamation  assessments, 
collection  of  Superseded  by  Co.  Gov.  Acts.  (Lynch, 
v.   Butte    County,    102   Cal.   446). 

Sutter  Creek,  town  of,  incorporating.  Repealed  1875-6: 
40. 

Oakland,  authorizing  to  obtain  a  supply  of  water.  Su- 
perseded  by    charter,    1889:529,    537. 

Sacramento,  city  of,  legalizing  the  assessment  of  a  sin  i  1 
tax.      Unconstitutional    (Penile   v.   Lynch,    51    Cal.    15). 

Siskiyou,  Modoc,  and  Sonoma  counties,  apportioning 
school  moneys  in,  manner  of.  Amended  1875-6:33; 
superceded  by  Pol.  0.  §§  1543,  1858. 
903  649  Governor's  mansion,  fitting  it  up  for  use  as  a  state 
printing  office  and  state  armory.  Repealed  1875-6: 
22     (Am.). 

Hogs  running  at  large  in  certain  towns.  Repealed  1897: 
198. 

Amador  City,  hogs  running  at  large  in.  Repealed  1897: 
198. 

Sacramento  County,  government  of.  Amended  1875-6: 
280;  1877-8:267.  Superseded  by  Co.  Gov.  Acts,  see 
1897:452. 

910  659      State    harbor    commissioners,    act    concerning.      Superseded 

apparently  by   the  provisions  of    §§    2520-2554,  _Pol.    O. 

911  660      Civil    officers,    removal    of    for    violation    of    official    duty. 

Repealed    by    the    constitution    of    1879    and    the    County 
Government    Acts    i  1- laser    v.    Ale  5    Cal.    147). 

912  661      State    harbor    commissioners,    granting    further    powers    to. 

Superseded    apparently    by    the    provisions    of    §§    2520- 

2554,    Pol.    C. 
Fresno    County,    county    seat,    locating. 
State    capitol,    employees   at.     Amended    18S0:107;    1889; 

449. 
Female   teachers,   to  prevent   discrimination   against. 
San    Francisco,    purchaser   of   city   for    lots,    execution    and 

delivery   of   deeds   to. 
Oysters,    encouraging    planting   and   cultivation    of. 
El   Dorado    County,    disposition   of   proceeds   of   poll    taxes 

in.      Repealed  by  Pol.  C.   §    3861. 
San    Fr&ncisco,    paid    fire    department    in.      Superseded    by 

the   charter   of    San   Francisco,    art.    IV,    1899:335. 
Reclamation    district    No.    124,    Colusa    County. 

1875-6. 

1  Text-books  in  public  schools,  preventing  change  in.  Re- 
pealed 1880:42,  and  by  sec.  7,  art.  IX.  of  the  consti- 
tution (People  v.  Board  of  Education,  55  Cal.  331). 
5  Los  Angeles  County,  additional  justice  of  peace  and  con- 
stable for.  Superseded 'by  C.  C.  P.  §  103,  as  amended 
1901  100. 
15  Plumas  County,  roads  in,  keeping  in  repair.  Superseded 
1883:5,    chap.    10,    sec.    2. 


913 

663 

937 

666 

938 

667 

939 

669 

940 

671 

941 

674 

942 

676 

957 

678 

ism  REPOBX. 

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14 

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98      Tahama    County,    refunding  debt   of. 


STATUTES    REMAINING    IN    FORCE.  1M9 

Page  Chap.  1875-6 — Continued. 

71  100  San  Francisco,  judge  of  municipal  criminal  court  em- 
powered, under  certain  circumstances,  to  call  in  a 
county   judge   to    preside.      Re  crative   by   the 

constitution    of    1879,    abolishing    the    on 

78  109      Calaveras   County,    regulating    certain    township    offices    in. 

Superseded  by  C.  C.  P.  §   103,  and  Co.  Gov.  Act,   1897: 
474,    §    56. 

79  110      Los   Angeles,    city  of,   issuance  of  bonds  by,    for  improve- 

ment  of   irrigation   in. 
81      111      Humboldt    County,    clerk    of,    compensation    of.      Repealed 
by  Co.   Gov.   Act,    1897:518,    §    168. 

81  112      Inyo   County,   assessor,   compensation  of.      Amended   1877- 

8:256:    repealed   by    Co.    Guv.    Act,    1897:568,    §    211. 

82  114      San    Francisco      water    rates    in,     establishing.      Amended 

1875-6:760;    repealed   by   constitution    of   1879    (Spring 
Valley    W,    W.    v.    Bryant,    52    Gal.    132). 

84      115      Contra   Costa    County,    fees   of  office   and   compensation   of 

officers.      Repealed    by     fee     bill     of     1895:267,     as     to 

officers   therein   named. 
91      118      Contra  Costa  County,  salaries  and  compensation  of  officers 

of.      Repealed  by  Co.   Gov.   Act,   1897:536,   §    183. 
94      119      Salinas    City,    reincorporating.      Amended    1895-206. 
124      130      Monterey   County,    supervisors,   terms   of.      Amended   1877- 

8:326;   repealed  by  Co.  Gov.  Act  of  1897:452. 
127      132      Alameda    County,    fees,    regulation    of.      Repealed    by    fee 

bill,   1895:267;   as  to  officers  therein  named. 

130  133      Los    Angeles    County,    sheriff,    fees    of.      Repealed    by    fee 

bill,    1895:267. 

131  134      Marysville,   levees,   construction   and  repair  of. 

133  135  Napa  state  asylum  for  the  insane.  Amended  1883:281; 
1887:177;  1^89:351;  repealed  by  the  lunacy  commis- 
sion act,  1897:311. 

140  136  Alpine  Countv.  treasurer  of,  bond  of.  Repealed  by  Co. 
Gov.    Act,    1897.475,    §    66. 

140  137     Swamp  land  reclamation   district  No.   118,   assessment   in., 

Unconstitutional    (People   v.    Houston,    54    Gal.    536). 

141  138      Sutter    Countv,    school    trustees,    fixing    time    for    election 

of.      Repealed    by    Pol.    C.    §    1593,    as    amended    1893: 
247. 

141  139      Calaveras    County,    supervisors    and   district    attorney,    offi- 

ces  of.      Repealed   by   Co.   Gov.   Act,    1897:452. 

142  140      San    Francisco,    county    clevk    to    keep   his    office    open   on 

all  election  days.     Repealed  1880:18. 

143  143      Del    Norte    County,    transfer   of   swamp   land   fund    to   gen- 

eral  fund.      Superseded  by  subd.   18,    sec.   25,   Co.   Gov. 

Act,    1897-463. 
143      144      Squirrels,     destruction      of.      Amended     1875-6:637,      and 

mode    applicable    to    San    Luis    Obispo;    superseded    by 

subd.  26,  sec.  25,  Co.  Gov.  Act,  1897:465. 
148      147      Calaveras    County,    terms    of    probate    and    county    courts. 

Repealed    1877-8:94    (Am.). 

148  148      Oakland,   assessor,    salary   of.      Superseded  by   the   charter 

of  Oakland,   1889:531,   533,   §§   40  and  44. 

149  149      Marysville,   reincorporating.     Amended  1877-8:593. 

Gen.  Laws — 95 


1501  UT- 

Page  Chap. 

151      150      Fresno,     I 

jrts. 
154] 

■ 

MM 

■ 

■ 

hU|il'lM'Cl 

]-,  :it«   courtt.      B«- 

172  ' 

■ 

,-3171 

.s»il>g    of    :. 

; 

L08. 

Colusa    and   T.-hn-  fence*   in. 

■  iids    by.      Ame 

ion    of    »gri- 
198. 

Santa     Bar). 

I 

aaa      195  rl    of    education,    I 

Uihn.g   aiid   donning   |m«cn   of. 


17'J 

177 

188 

Page 

Chap. 

237 

200 

249 

204 

250 

206 

281 

213 

2S2 

211 

2S7 

222 

305 

231 

STATUTES    REMAINING    IN    FORCE.  1507 

1875-6 — Continued. 
Contra    Costa    Cunt  v.    roftds    and    highways    in.      Amended 

1*77-8:611;   repealed,   1883:5,  chap.   10,   see.  'J. 
Authorizing   transfer   of   funds.      Superseded   by   subd.    18, 

see.  25,  C)    G  >v    Act,  1897:463. 
Santa    Olara    County,    public   roads   in,   protection   of.     Re- 
pealed 18TT-8:298. 
251-208      Santa    Rosa,    reincorporating. 

270     209      Stanislaus    Ctranty,     treasurer    to    transfer    certain    funds. 
rseded   by   subd.    18.    sec.   25,    Co.   Gov.   Act,    1897: 
463. 
270      210      Sonoma    County,   roads   and   highways   in.      Repealed   1883: 
5,   chap.   10,   sec.   2. 
San    Joaquin    County,    reclamation    districts    in. 
Santa   Barbara,   city  of.  ratifying  ordinance  47,   passed  by 
common    council    of. 

Sea    pulls,   protection   of. 

Sacramento    County,    restricting    sheep    from    being   herded 
or    running    at    large   in.      As    to   running    at    large,    see 
1897:198. 
307      233      San     Bernardino     County,     protection    of    agriculture       Re- 
pealed   1897.198. 

311  239      El   Dorado   County,   treasurer   of  to   transfer   certain   funds. 

Amended  1877  8:688;   superseded  by  subd.   18,   sec    "5 
Co.    Gov.    Act,    1897:463. 

312  240      Oakland,    eras    and    water   pipes   in.    laying  of.      See    charter 

of  Oakland.    §    31,    subd.   26;    also    1SR9:539,    §§    70,    71. 

Purchase  •'  Bupplies  for  state  officers  and  members  of 
the    legislature 

Solano  ©twenty,  highways  in.  Supplemented  1875-6:817- 
amended   1877-8:598;   repealed   18^3:5,   chap.   10,  sec.  2. 

San    Francisco,    care    of    inebriates.      Repealed    1895:76. 

Placerville,  Charles  F.  Irwin  appointed  a  trustee  to  ex- 
ecute  certain    trusts.      Amended   1877-8:232. 

Santa  Clara  and  Los  Angeles  counties,  artesian  wells  in 
Repealed   1877-8:196. 

School  moneys,  distribution  of  in  certain  counties. 
Amended  18  77-8:782;  repealed  as  to  Contra  Costa 
County,    1877-8:182;    superseded    by    Pol.    C.    §    1858. 

Humboldt  County,  supervisors,  fixing  number  of.  Re- 
pealed by  the  Co.   Gov.  Acts,   see   1897:452. 

San  Benito  County,  terms  of  county  court  of.  Repealed 
1877-8:94     (Am.). 

San  Mateo  County,  pounds  in,  establishing.  Amended 
1877-  pealed  by  1897:198  and  subd.   14,   §   25, 

.  Co.   Gov.   Act,    1897:463. 

San  Jcaquin  County,  roads  and  highways.  Amended 
1877-8:1034;    repealed.  1883:5,    chap.    10,    §    2. 

Calaveras  County,  road  poll  taxes  in,  collection  of.  Re- 
pealed  by   Pol.   C.   §    2652,   as   amended  1891:478. 

Butte  County,  treasurer  of,  to  transfer  certain  funds. 
Superseded  by  subd.   18,   sec.  25,   1897:463. 

El  Dorado  County,  protection  of  agriculture  in.  Re- 
pealed    1877-8:557. 


314 

24  5 

316 

246 

325 

247 

328 

251 

331 

252 

332 

254 

333 

255 

334 

257 

335 

260 

341 

264 

354 

266 

355 

267 

356 

269 

UM 


COMMISSI"  INERS'     RETORT. 


Page  Chap.  1875-6— < 

860      271      Sn;,  .    manufacture   of   acids   and   explosive    chem- 

ical* 
801  ttiog.      Amonded    1877- 

in     la84,      under 
'  -<83. 
862      275      Sar:  appointment    of.      Repealed 

276      Sn'  tehlng    of    fish    in,    by 

ii    636,    t". 
rk      to     employ      kdd 
led 
865  i  a   initios,    treasure 

led  and   mi. 
I  y  ;     superset  J 

;    ii5. 

870  ligation   of   officers   of. 

18,    i    189. 
878      285      Stn-  -r     <■   unties,     protection     of 

7    198. 
876  I  ise    and    erection    of    bridges    In 

r  .ads. 
882      287      San    I.uis   Obispo,    town   of.   issuance   of   bonds  by. 

fr.m    running   at    large    in.      Ro 
198. 
885  '      v  *ays  In.      Repealed    1883:5, 

•    time    for    selling    property    for 
taxes.      R  "■'   - 

salary   of.      Re- 
I    1  Ml    "16,    }    167. 
making    applicable    to    act    of    1871  -2: 

tatter    OotUtj,    defining    boundary 
t    of.      Amended    and    sup- 

i    and   Tu1  s,    boundary   line   between. 

'■•ianee    of    bonds    for    building    a 
die   sewer. 

hops   and   gnats 

401  '>"    w,d    pr-'hate    cmirts    In. 

404  314       '■  ""    in    <"™minal    canes    in. 

I     : 
178. 

405  815  rrts    and     road     overseers       R«- 

»S    amended    In 

40*  -"    ~     \   ■ 

highways    in.  Amer 
5.    chap.    10,    sn 

421                                                                   r  ads,     il  |        ;;.  ,,os]e{j 

sec.     2,     and     Pol.  0       J                     ». 
amended    18t»l  :478. 


STATUTES    REMAINING    IN    FORCE  1509 

Page  Chap.  1875-6 — Continued. 

424  324  Alameda,  town  of,  opening  streets  in.  Repealed  1877-8: 
964. 

427  325  State,  contracts  in  hehnlf  of,  in  relation  to  buildings. 
Amended    1891:457;    1895:237. 

<.33      326     Dupont  street,  San  Francisco,  widening  of. 

444  329  St.  Helena,  incorporating.  Amended  1877-8:791;  super- 
seded by  incorporating,  in  1889,  under  the  Mun.  Corp. 
Act   of   1883. 

458  330  San  Diego  County,  to  protect  agriculture,  etc.  Amended 
1877-8:245;  repealed  by  the  estraJy  law  1897:198  and 
1901 :603. 

461  334  New  city  hall,  San  Francisco,  completion  of.  Amended 
1877-8:82,    382. 

468      335      Oakland,    streets    in,    opening.      Repealed    1877-8:619. 

477  338  Humboldt  County,  roads  in.  Repealed  1883:5,  chap.  10, 
sec.   2. 

482  342  Marin  County,  to  prevent  stock  from  running  at  large 
upon  roads  and  highways  of.  Modified  by  the  estray 
law  of  1897:198   and   1901:603. 

485  344  Galinas  Slough  or  creek,  in  Marin  County,  declared  nav- 
igable Repealed  by  Pol.  C.  §  2349,  as  amended  in 
1891. 

485      345      San    Mateo     County,     supervisors,     additional    powers    of. 
Superseded  by  Co.   Gov.   Acts,   see   1897:452. 
San   Bernardino    County,    irrigation,    protecting. 
Grant     I.     Taggart,     former     county     recorder     of     Shasta 

County,    to    certify   and   sign    certain   records. 
San     Bernardino     County,     supervisors,     compensation     of. 

Repealed  by  Co.   Gov.  Acts,   see   1897:452. 
San     Luis     Obispo      County,      supervisors,      reorganizing. 
Amended   1877-8:36;    superseded  by  Co.   Gov.  Acts,   see 
1897:452 

494     355      Santa     Barbara     County,     special    road     district     in.      Re- 
pealed   1877-8:108. 
San    Francisco,     inspector    of     steam    boilers    and    steam 

tanks,    appointment   of.      Repealed   1880:8. 
Alameda,    Oakland   &   Piedmont   Railway   Company,    grant- 
ing   certain    privileges    to. 

San   Francisco,    streets,    grades   in,   modifying. 

San  Francisco,  waterworks  for,  to  provide  and  main- 
tain. Unconstitutional  (Spring  Valley  v.  Bryant,  52 
Cal.    132;    53    Cal.    611).      Repealed    1880:1. 

507  362      San    Francisco,    superintendent   of   streets,    further   powers 

granted  to.      Repealed  by   Vrooman   act,    1885:147. 
607      363     Del    Norte    County,    superintendent    of    schools,    salary    of. 
Repealed  by  Co.   Gov.   Acts,    see   1897:569,    §    212. 

508  364      Mariposa    and    Merced    counties,     licenses,     collection    of. 

Repealed  by   Co.   Gov.   Acts,   see   1897:452. 

512  370      San   Benito   County,   legalizing  transcribed  records  of. 
613      371      Dorris  Bridge,  name     changed  to  Alturas. 

513  372      Destruction    of    squirrels    and    gophers,    act    of    18G9-70; 

316.      Repealed    as    to    Stanislaus    County.      Superseded 
by  subd.   26,   sec.   25,   Co.   Gov.   Act,    1897:465. 


486 

347 

487 

348 

488 

350 

493 

354 

496 

356 

499 

357 

500 

359 

501 

361 

1510  KT. 

Pa«e  Chap.  1875-6 — Cmiti  ruled. 

B78       Santa    Bfl  •  r-    anil   <lnt'. 

of   Bounty    court    in.     Repealed 

■ 

uailroad   Company,    prantinc    oar- 
tain    privilege* 

<>s   of. 

{  i    by 

629  for 

ded    by 

B    wild    animals 
aviMitnra,  ratine.     Amended     187 

l.y      Co 

I 

570      405 

■ 

■  rial      acki. 

•  •■•unty    courts    in        K 
- 
Santa     I 

it)  .n. 
Santa    Cru*    '  teri    of       Rp. 

I 
relief    of:    lupplemer  if    Mur 

I  ■  Bled     by     insolvent     «• 

inly,    fees    of    of 

593       |  cl<  rk    of   board   of    tru 

Baper 

■ 


639 

394 

6-47 

558 

398 

170 

r.7-j 

■11" 

411 

11  - 

5R3 

586 

STATUTES    REMAINING    IN    FuUlE.         *  1511 

Page  Chap.  1875-6 — Continued. 

094      424      Marin     County,     changing    terms     of    county     and  probate 

courts.      Repealed  by   the   constitution   of"  1879,  abolish- 
ing  the   office. 

594  425      Sierra    County,    road    poll    tax    in.      Repealed    by  Pol     C. 

§    2652,   as   amended    1891:478. 

595  426      Monterey    County,    transfer    of    money    from    one    fund    to 

another.      Superseded    by    subd.    18,    sec.    25,    Co.    Gov. 
Act,    1897:463. 
595      428      Napa,   city  of,   water  supply   for.      Superseded   bv   charter, 
1893:641. 

599      429      Lake    County,    fees    and   salaries    of   officers   of.      Amended 

1877-8:2o6;     repealed  by  Co.   Gov.   Acts,    see    1897-562, 

§     203. 
608      432      San    Luis    Obispo    County,     salaries    and    compensation     of 

certain     officers.      Amended     1877-8:128;      repealed     by 

Co.   Gov.   Acts,   see   1897:527,   §    176. 

610  433      San    Francisco,    president    and    secretary    of    exempt    fire 

company    to    administer    oaths    in    certain    cases. 

611  434      Santa    Cruz    County,    public    and    private    roads    in.      Re- 

pealed  1883:5,   chap.   10,   sec.   2. 
G24      440      Sacramento,    city   of,   further  powers   of  board   of   trustees. 
Amended    1877-8:840;     superseded    by    the    charter    of 
Sacramento. 

032      442      San     Francisco,    house    of    correction,    to    utilize    labor    of. 
Probably    repealed    by    the    charter    of    San    Francisco, 
art.   II,   chap.   2,   sec.    1,   sub.    11. 
637      446      Red    Bluff,     incorporating.      Amended     1877-8:116;     1891: 
108;    repealed    by    incorporating,    in    1895,    under    Mun. 
Corp.   Act   of   1883. 
C44      449      To    prevent    hogs    and    goats    running    at    large    on    certain 
lands.      Amended     1877-8:85;     superseded    1897:198. 
Kern   County,   issuance   Of   bonds  by. 

Modoc  County,   semi-annual  payment  of  interest  and   prin- 
'   cipal   on   bonds   issued   to    Siskiyou   County. 
Solano   County,   terms  of  county  and  probate  courts.      Re- 
pealed   1877-8:94     (Am.). 
Mariposa    County,     roads      and     highways     in.      Amended 
1677-8:277;   repealed  18S3:5,   chap.  10,   sec.   2. 
653      456      Corporations    to    own    the    lots    and    houses    in    which    their 

business  is  carried  on.      Superseded  by  C.  C.  §   363. 
658      459      Sacramento    County,    public    roads    in.      Repealed    in    part 
i,y  1883:5.  chap.  10,  sec.  2,  and  by  Co.  Gov.  Act,  1897: 
452. 
Colusa,    town    of,    incorporating.      Amended    1877-8:248. 
Reservation   from   sale   of   certain   lands. 
Suit  agains4   state,   authorizing  certain  persons  to  bring. 
Deaf.  Dumb,  and  Blind  Asylum,  powers  of  directors. 
469     Relief    of    taxpayers    whose    lands   have   been    sold   to    the 
state. 
Underwriters,    powers    of.      Amended    1897:223. 
College    City,    Colusa    County,    prohibiting    sale    of   intoxi- 
cating liquors  within  one  mile  of. 
692      476      Los    Angeles,    city    of,    charter   of.      Amended    1877-8:642; 
superseded  by  charter  of  1889:455. 


645 

450 

649 

453 

649 

454 

650 

455 

669 

460 

679 

461 

482 

686 

466 

687 

469 

689 

472 

691 

473 

1512  •  co:  its-   RnronT. 

hap.  1875-6 — Continued. 

ra,    change   of   line    to    Santa 
>ny. 

and    maintenance    of    a    draw- 
brid| 

. 

193        Illlt!  -     1-; 

Pol.  0. 

Act, 
768      495      M  Declared    impracticable 

759      496  ota. 

nig. 
wig. 

'  - 

tai 
788      515  Be- 

Dwnded     1877*8:818;     repealed 

795  if,      Super- 

>:ton    Townahip. 

v  ith  \\  ild   Gooae 

Ten-  ti..n     uf     1879, 

535  .. 

riffi  with   a 

I     1889:8 

. 

<l     Asylum,     supply     of     w.-i 

Millvii:.  f       8u- 

I    |  i 

.     ,;    der   Mi. 

• 
.    in- 

■  ling 

i 
■ 

404. 


800 

530 

802 

583 

535 

540 

816 

853 

562 

854 

563 

854 

565 

855 

566 

855 

568 

STATUTES    REMAINING    IN    FORCE.  1513 

Page  Chap.  1875-6 — Continued. 

842  553  Apprentices  and  masters,  act  relative  to.  Amended 
1880:28. 

852  560      San    Francisco,    auditor,    facilitating    transaction    of    busi- 

ness in  office  of.      Superseded  by  charter  of   San  Fran- 
cisco,   chap.   2,   art.   IV. 

853  561      San  Bernardino  County,  public  records  in  office  of  county 

recorder. 

Calaveras    County,    mining   claims,    recording   in. 

San    Francisco,    supervisors,    auditor,    and    treasurer,    pow- 
ers of.      Superseded  by  charter  of  San  Francisco. 

Lexington,     Los    Angeles    County,     name     changed    to    El 
Monte. 

Governor,     imposing     certain     duties     on,     respecting     re- 
wards. 

San    Francisco,    justices'     courts    for,    summons    in.      Su- 
perseded by  C.  C.  P.   §   849. 
856      569      Police  judge's   court,    San  Francisco,   additional   clerk   for. 
Superseded     by     charter    of     San    Francisco,     chap.     8, 
art.  V. 
856      570     Los  Angeles,  city  of,  board  of  public  works  for,   creating. 

Repealed,    1877-8:48. 
860      576      Sacramento,    city   of,    payment   of   school   moneys   into    the 
treasury    of. 

860  579      San     Francisco,      collector     of     licenses.      Superseded     by 

charter  of  San  Francisco,  chap.  5,  art.  IV. 

861  580      Golden     Gate     Park,     preservation     and     improvement     of. 

Superseded  by  charter   of  San   Francisco,   art.   XIV. 

862  581      Oakland  Harbor,   to   facilitate  the   construction  of  a   canal 

for.      Amended    1877-8:113. 
866      584      Sixth    Street,     San    Francisco,    opening    and    establishing, 
and  opening  Channel   Street. 

882  588     Ratifying    a    conveyance    made   by   the    city   of    San    Diego 

to  Richard  C.   McCormick. 

883  589      Napa   state   asylum,    supply  of  water  for. 

893      598      Placerville,   improvement  of  streets   and  sidewalks  of. 

896  601  Oakland,  to  construct  main  sewers.  Probably  super- 
seded by  charter  of  Oakland,   1889:514. 

902  604  San  Francisco,  support  of  common  schools  of.  Super- 
seded by   charter  of   San  Francisco. 

905  606  San  Francisco,  water-front  of.  Compromise  of  litiga- 
tion   concerning. 

907      610      San  Luis  Obispo  County,  funds  for  road  purposes  of. 

913  612  Livermore,  incorporating.  Superseded  by  incorporating, 
in  1900,  under  Mun.  Corp.  Act  of  1883. 

1877-8. 

1  1      Del   Norte  County,    time   of  holding   county  court.      Super- 

seded by  the  constitution  of   1879,   abolishing  the   court. 

2  3      Del    Norte    County,    treasurer    of,    bonds    of.      Superseded 

by   Co.   Gov.    Act,    see   1897:475,    §    66. 
8  6      Alameda    County,    bridge    across   estuary   of    San   Antonio, 

control   of. 


l.'.U  RT. 

Page  Chap.  1877 

4  7      San    Ft  'I    by    charter 

6        10      Los     A 

18        11      t. 

•j3        17      Sonora, 

27         23 

Jo         -»      Ho  ''      sni*    !'-■ 

88        25 

88  g»  and  go* 

86        81 

and    by    fe«    bill 

oftV 

48         3<". 
SO        89      San  -     *nd     W| 

up    io,  se- 
es      43 

70 

71         50      Oakland,    ratifying  an  ordinance 

7°  ~ 

73 

73 

- 

74  ;>:  uaci1 

of. 

75  58  '  snd 

for    r 
--  roval     of 

80        65  '    by 

PU< 

of.     R«- 

■ 


88 

87 

77 

80 

70 

Page  Chap. 

104 

83 

105 

86 

106 

87 

108 

95 

109 

97 

109 

97 

STATUTES    REMAINING    IN    FORCE.  1515 

1877-8— Continued. 

Nevada  Count?  <oi:>erviso.rs  to  remove  bodies  of  certain 
deceased   persons. 

Alameda  County,  constable*  duties  of.  Superseded  by 
Co.    Gov.    Act.    1897:492,    §§    153,    154. 

Alameda  County,  executions  from  justices'  courts.  Re- 
pealed   1830:19. 

San  Diego  County,  to  appropriate  funds  for  the  use  of 
county  clerk  of.  Repealed  by  Co.  Gov.  Acts,  see  1897: 
513,    §    165 

Fiddletown,    Amador    County,    name   changed   to    Oleta. 

Alameda  and  San  Mateo  counties,  road  overseers,  com- 
pensation of.  Superseded  by  Pol.  C.  §  2652,  as 
amended  1891:478.  and  Co.  Gov.  Acts,  see  1897:452. 

110  98      El    Dorado    County,    assessor's    office.      Repealed    by    Co. 

Gov.   Acts,    see   1897:549,    §    190. 

111  101      San     Francisco,     regulating     payment     of    money     out     of 

treasury    ot.      Supplemented    and    amended    1877-8:333; 

superseded  by  the  charter  of  San  Francisco. 
129      111      Sonoma    County,    tees   and   salaries   in.      Amended   1877-8; 
repealed  as   to   fees   by   the   fee   bill  of    1895:267, 

as   to   officers   therein   named,   and   as   to    salaries   by   Co. 

Gov.  Acts,  see   1897:509,   §   103. 
136      113      Alameda   County,   supervisors  of,  additional  powers. 
140      119      Modoc  County,   fees  and  salaries  of  officers  of.      Amended 

1877  8:454;    repealed  by   Co.   Gov.   Acts,   see   1897:566, 

§   208  as  to   salaries;   and  as  to  fees  by  the  fee  bill  of 

1895.267,    as    to    the   officers    therein   named. 

154  120      San    Joaquin    County,    terms    of    county    court.      Repealed 

by   the    constitution  of   1879,   abolishing  the   court. 

155  121      Santa    Cruz    County,    supervisors,    duties    and   salaries    of. 

Repealed   by    Co.    Gov.    Acts,    see    1897-452. 

157  123  Inyo  County,  treasurer  of,  salary  of.  Repealed  bv  Co. 
Gov.   Acts,   see  1897:568,   §   211. 

157  126  Tuba  County,  load  overseers  and  road  poll  taxes.  Re- 
vealed by  Pol.  C.  §§  2642,  2652,  as  amended  1891:474, 
4  .  3. 

163  128      Ban    Jose,    confirming    and    ratifying    acts    of    mayor    and 

common    council    of. 

164  129      Los   Angeles    and    Stanislaus    counties,    protection   of   agri- 

.  culture  in.  Modified,  if  not  repealed,  by  the  estray 
laws   of   1897.198    and    1901:603. 

167  130  Illuminating  power,  quality  and  standard  of.  Repealed 
as  to  San  Francisco  by  chap.  2  of  art.  I  of  the  char- 
ter. 

170  131  Alameda  County,  transfer  of  moneys  to  and  from  the 
treasury  bv.  Repealed  by  Co.  Gov.  Act,  1897: 
572,     §     215. 

170  132  Contract  between  Stockton  Gas  Company  and  city  of 
Stockton,    ratified. 

173  133  San  Francisco,  assessor  to  appoint  deputies.  Superseded 
by   chap.  4  of  art.  IV  of  the  charter  of  San  Francisco. 

173  134  Sacramento,  city  of,  election  of  attorney  for.  Super- 
seded by  chap  49  of  the  charter  of  Sacramento,  1893: 
563. 


COMMISSIONERS'    REPORT. 

1877-8 — Continued. 
hHDS     OovntT,     funds     fur     improvement     of    court-house 
and  '  ds. 

led    by    the    es- 
tray    lawi   of    1897 
Klertion   tickets  '   >  Amend- 

■     ■ 

■choo]    m  nhution    of,    re- 

al   to    this    county.      Repealed    by 
-.    as   amended    1"93  •. 

I    to    sit    as   ■    >■•  aid    "f    ei|iinli/»- 
■led    by    charter   of    Kureka,    l 

fund      for. 
sub.    18,    sec.   2fl  Act,    1897:463. 

..ins*. 
Artesian   wells,    uee   of.      Section    8    repealed,    1001:284. 

ir,    bond    of.      Repealed    by    Co. 
see   1897:475,   {    66. 
Plar.  '»ers    of. 

pes! 

1    to    contracts, 
(■•led    by   charter  "f    San    Francisco. 

and     treasurer    of    state,     transfer    of    certain 
-    by. 

Dg   ordinance   No.    64. 
Calaveras  '    public    schools,    eal- 

v.     Calaveras 
'•4"i);    re;  ■  .    Gov.    Acts,    see 

:.   I   188. 
211       174  1   poll-tax   and   hospital   poll   tax.      Re- 

nnd    by    the 
the   various   I  .  ernment   Acts. 

-■  cords  in. 
•ion   acainst    fire, 
v    by    the.    charter    of    Fresno, 

215      170  tax   for   payment   of   crand   and   trial 

I    by  subs.    12   and    18,   sec.   25,   Co.   Got. 
Act. 

"f     squirrels.      S 
ilov.   Act,    1897:405. 
■    ling. 
8an     r  r  powers      of.      Su- 

I    :    and    Hrannan   strei if 
ishing  grii.:        ' 
Pi  if   not  repealed,   by 

the   parity 
San    Litis   O  'nit   of   in  ' 

-  .  i    Luis  Obispo. 

n     of. 
Swamp  land  307,    legs  gi   in 

12,    as   amended 
.    abolishing    the   office. 


'"hap. 

174 

185 

it  a 

186 

180 

137 

182 

189 

i4n 

1  -  I 

144 

146 

106 

155 

168 

S01 

169 

171 

187 

286 

191 

237 

192 

"11 

206 

255 

210 

257 

214 

261 

218 

263 

219 

268 

221 

269 

222 

270 

223 

272 

224 

273 

225 

278 

230 

STATUTES    REMAINING    IN    FORCE.  1517 

Page  Chap.  1877-8 — Continued. 

2(2      207      Oakland     common    council,    appropriation    of    moneys    by 

to   certain   benevolent   societies.      Superseded  by  charter 

of  Oakland,   1889:513,   sec.   31,    sub.   46. 
Alameda    County,    collection    of   licenses    in.     Repealed    by 

Co.   Gov.   Acts,   see   1897:473,    §    55. 
San    Diego   County,    supervisors   to   transfer   certain   funds 

of.      Superseded    by    sub.    18,    sec.    25,    Co.    Gov.    Act, 

1897:463. 
Etna,   town   of,    incorporating. 
San  Francisco,   water-front  of.      Amended  1880:10;   1889: 

379;     1891:233;     1895:194;     1901:627.      See  Pol.   C.   § 

2524,    as   amended    1901:619. 
Placer    County,    recorder    of,    fees    of.      Repealed    by    Co. 

Gov.  Acts,    1897:527,   §    177,  and  fee  bill   of   1895:267. 
Contra    Costa    County,    justices    of    the    peace   in,    fees    .,f. 

Repealed  by  the  fee  bill  of  1895:272. 
San  Francisco,  opening  Army  Street  in. 
San    Benito    County,    licenses    in.      Superseded   by    Pol.    C. 

§    3366,    as   amended   1901:635,   and  by   Co.   Gov.  Acts, 

see  1897:473,   §   55. 
San    Benito    County,    roads    and    highways    in.      Repealed 

1883:5,    chap.   10,    sec.   2. 

North    Bead)     and    Mission    Railroad    Company,    granting 
certain    privileges    to. 

287  238  Butte  County,  sheriff  to  collect  licenses,  and  fixing  salary 
therefor.  Repealed  by  Co.  Gov.  Acts,  see  1897:473. 
§    55. 

290      242      Santa    Clara    Avenue    and    certain    public    lands    in     San 

Jose,    act    concerning. 
292      244      Santa    Barbara,    city    of,    additional    powers    of    common 

council.      Superseded   by   charter,    1899 :448. 
296     247      San    Jose,    establishment    of    board    of   health    in.      Super- 
seded by  charter,    1897:342. 
299      252      San     Francisco,     registration     of    voters.      Superseded    in 
part,  if  not   entirely,    by   Pol.   C.    §§    1127,    1128,    1129, 
and   art.   XI   of   the   charter  of   San   Francisco    (Fragley 
v.  Phelan,    126   Cal.   383). 
309      253      Anaheim,   incorporation   of.      Superseded   by  incorporating, 
in  1888,  under  Mun.  Corp.  Act  of  1883. 
Sutter  County,   auditor  and  treasurer  of  to  cancel   certain 

certificates  of  the  register  of  the  state  land  office. 
Free  public  libraries  and  reading-rooms,  establishment  of. 

Repealed  ,  1880:233. 
Encouragement    of    agriculture.      Superseded    by    1880:49, 
62;     1897:304. 

Ventura    County,    bonds    of    officers   of.     Repealed   by    Co. 

Gov.  Acts,   see  1897:475,   §    66. 
University   of   California,    permanent    endowment    for. 
San    Francisco,    confirming    order   No.    1404    of   the    board 

of   supervisors  of. 
341      282      Montgomery   Avenue,    ratifying   certain    orders   relative    to 

street   work   on.      Unconstitutional    (Fanning  v.   Schanv 

mel,    68   Cal.   428). 


324 

259 

329 

266 

332 

271 

334 

273 

337 

277 

338 

278 

COV  ERS"    RKTORT. 

1R77-R     Gontti 

San    Ft  (       Superseded 

swamp    and 
I     lands    in. 

iled     by 
.07. 
I  in. 
if    water    rates    in.      Su- 

I  f    bonds    for    road    put 

10   in. 
'  '  d     -0,  sec. 

issuance    of    bonds    for    in-.; 
if. 

I 

undor   Muii- 

I  ays   in.      l: 
ch:i; 

title    to. 

- 
»>>•    Co.    Got. 

-     1899: 

41. 

.•-caliziiig. 

run- 

■ 

I 

|   at   large. 
Mono    Count  of      Re 

-\    and    by 


Chap. 

858 

800 

290 

800 

306 

400 

818 

417 

419 

411 

led  by  charter  of  San 

ns   of   dis- 
ts,    see 

■ 
455      342  •-■'    across    the   Tu 

488      845      V 


STATUTES    REMAINING    IN    FORCE.  1519 

Page  Chap.  1877-8 — Continued. 

530  327      Reclamation    district    No.    54,    Sacramento    County,    ratify- 

ing. 

531  348      Reclamation  district  No.   252,  establishing. 

533  351  Hastings  College  of  Law,  creating.  Superseded  Dy 
amendatory   act^of   1883:26,    chap.   20,   but  this   act  was 

pronounced    unconstitutional     in    People    v.     Kewen,     69 

Cal.    215. 
535      352      Oleomargarine,    to    prevent    sale    of    as    butter.      Probably 

repealed  by  1883:20;   if  not,  it   is  superseded  by  1895; 

41,    chap.   3S1,    and    1897:05,    chap.    75. 

535  353>    Justic  •.    John    ]>.,    to    cure    defects    in    application    of,    to 

purchase   lands. 

536  364      Amador  County,    to  prevent  trespassing  of   goats  in. 
540      359      San    Diego    County,    funding   indebtedness   of. 

544  361  San  Francisco,  repair  of  streets  and  sewers  of.  Super- 
seded   by   charter   of    that   city. 

544  362      Maria    County,    elec  ion    of    road    overseers    in.      Repealed 

by    IV..    C.    5    2042. 

545  363      El    Dorado    (  ounty,    improvement    of   roads    in.     Repealed 

1863:5,    chap.   10,    sec.    2. 
547      364      Plumas    County,    in    relation    to    certain    officers    of.      Re- 
pealed  by   Co.   Gov.    Acts,    see    1897:565,    §    206;    never 
went   into   effect    (Whiting  v.  Haggard,   60  Cal.   513). 

550  365      Napa     County,     supervisors     to     transfer    a     certain     fuiid. 

Superseded  by  subd.  18,  sec.  25,  Co.  Gov.  Act.  1897: 
463. 

551  367      Nevada    County,    regulating    salaries    of    officers    of.      Re- 

pealed  by    Co.    Gov.    Acts,    see    1897:524,    §    173. 

558  374      Tulare     County,     board     of     health,    establishing.      Super- 

seded  by  subd.   20,   sec.  25,   Co.   Gov.   Act,   1897:464. 

559  375      Kern    and    Tulare    counties,    traveling    fees    of    sheriffs    of. 

Repealed   by    fee    bill    of    1S95:269. 

561  378      Independent    Order    of    Odd    Fellows,    authorizing    trustees 

to   lease  a  lot   in   San   Francisco. 

562  389      Reclamation    district    No.    317,    creating. 

563  380      Colusa     County,     additional    powers    of     supervisors.      Re- 

pealed by   Co.   Gov.   Acts,   see   1897:452. 

563  381      San    Bernardino    County,    regulating    and    protecting    bee- 

keeping in. 

564  382      Santa    Cruz    County,    juries    in    justices'    courts    and    wit- 

nesses in  courts  of  record.  Repealed  by  fee  bill  of 
1895:273. 

567      384     Butte  County,    sheriff,   act   concerning. 

567  385  Colusa  County,  to  confer  certain  powers  on  supervisors 
of.      Repealed  by  the  Co.  Gov.  Acts,   see  1897:452. 

569  387  Colusa  County,  fixing  amount  of  official  bouds  in.  Re- 
pealed by   Co     Gov.   Acts,    see   1897:475,    §    66. 

569  389  Napa  County,  providing  for  the  building  and  furnishing 
of  a  court-house  and  jail  in. 

574  391  Los  Angeles  County,  fees  and  salaries  in.  Repealed  by 
Co,  Gov.  Acts,  see  1897:496,  §  159,  and  by  the  fee 
bill    of    1895:267. 

579  393  San  Francisco,  to  establish  and  maintain  a  fr<=e  dis- 
pensary in.      Superseded  by  charter   of  that   city. 


898 

601 

400 

KM 

403 

698 

698 

408 

609 

411 

415 

1530  KT. 

•hap.  1877-8  — ( 

680      394      Swamp    land    d  70,     to    renrjraniia.      A*' 

San    HiTTiniMinn    County,    to   authorize   the   construction    of 
a    v  !    in. 

I  aland,    in    Sac- 
I   purpoaea. 

■  f,    feea    of.      Repealed    by 

-     •      -     •    y..u    County,    aut! 

.re,    and    maintenance 
•I    by    aubd.    6,    h 

Alan  itrurtion    of    fish    in. 

Ala  ...da    fur   school    department 

f    flah    In. 

I I  on. 
k  a  acale  fur  tho  mea                      ■!  loge.     Amend- 

119. 

814      417.  Probably   auperaeded   by 

:  47. 

g,    widening,    and 
t  'bably     aup«raeded     by     the 
nan     act,     ls^J:147. 

'.   •■    11,900  of  auperriaora 
of. 

-ared     navigable.      See 
•h    thia    lake   ia   omitted,    and 

630       i  ,   .    i    .     i     of    cortain 

■te    rapid    drain- 

uto  and 

'.3'J8,     chap.     218, 

.r.l    of    trustees.      8tt- 
'  .it   city,    1893  :54S. 

640  sura     to    eatabliah    a    receiving 

land. 

082      441     1  .to  cloaa. 

unfa—)      Repealed    by    the 
fe. 

■    running 
at    I  Probably    repealed 

i  i    lire   department   of. 

■   ,■ 

693  'in. 

h   the  aale  of  adulterated  ayrop. 
695      450  i.     :     c     with     ©or 

poral 
700  upon    auperriaora  of. 


STATUTES    REMAINING    IN    FORCE,  1521 

Page  Chap.  1877-8— Continued. 

701  458  San  Luis  Obispo  County  regulating  fees  of  recorder  of. 
Repealed  by  Co.  Gov.  Acts,   see  1897:527,   §    176. 

701  459  San  Luis  Obispo,  city,  streets  and  roads  in.  Modified 
by  Pol.  C.  §  2642,  abolishing  the  oilice  of  road  over- 
seers; superseded  by  incorporation,  in  18S4,  under 
Mun    Corp.  Act  of   1S83. 

703  461  Amador  County,  to  provide  for  the  location,  construction, 
maintenance  of  roads  in.  Repealed  1883:5,  chap.  10, 
sec.    2. 

712  462  Dixon,  incorporating  town  of.  Superseding  by  incorpora- 
tion, in  1884,   under  Mun.   Corp.   Act  of   1883. 

732  470  Yuba.  Sutter,  and  Placer  counties,  to  organize  a  levee 
district    in. 

736  473  Alameda  County,  supervisors,  to  fix  the  pav  of.  Re- 
pealed by  Co    Gov.  Acts,   see   1897:501,    §    160. 

736      474     Monterey   County,    to   legalize    certain   records    of. 

740  481  Creating  a  board  of  bank  commissioners.  Amended  1887: 
90;    1895:172;    1901:30;    repealed    1903:73. 

746      482     Lake  Bigler,  preservation  of  fish  in   the  waters  of. 

746  483      To   provide   for   the   distribution   of   school  moneys  in   cer- 

tain  counties.      Repealed,   see   Pol.   C.    §    1858. 

747  484     Giving    a    lien    to    loggers   and    laborers    employed   in   log- 

ging   camps.      Amended    1880:38;    1887:53. 
752      487      Court-house    school    district,    Sonoma    County,    to    re-estab- 
lish. 

758  488      National    Guard,    to    defiue    the    duties    of    inspectors    of 

rifle  practice.  Probably  repealed  by  Pol.  C.  §  '^008, 
adopted    1897. 

759  490     To  provide  for  a  convention  to   frame  a  new  constitution. 

773  496  San  Joaquin  County,  to  encourage  destruction  of  squir- 
rels and  gophers  in.  Superseded  by  subd.  26,  sec. 
25,  Co    Gov.  Act,   1897:465. 

777  501      Santa  Barbara,   laying  out,  opening,  and  improving  streets 

in.  Unconstitutional  (Boorman  v.  Santa  Barbara,  65 
Cal.  313);  superseded  by  Vrooman  act,  1885:147,  and 
by    the    charter    of   Santa   Barbara,    1899:450. 

778  502      El   Dorado    County,    fixing   the    salaries   of    certain    officers 

in.      Repealed  by   Co.   Goy.   Acts,    see   1897:549,    §    190. 

779  503      Humboldt  County,  providing  for  the   scaling  of  logs  in. 
782      504      Colusa    County,    justices    of    the    peace    in.     Repealed    by 

fee  bill  of  1895:272. 

782  506      San    Joaquin    County,    salary    of    county    judges    of.     Re- 

pealed by  the  constitution  of  1879,  abolishing  the 
office. 

783  508      Yuba    City,    to    incorporate. 

787  509  To  provide  for  the  extermination  of  squirrels  in  certain 
counties.      Repealed     1830:7. 

796  513  To  supply  the  town  of  Oroville  with  water  for  fire  pur- 
poses. 

799  514  Declaring  Smith  River  navigable.  Superseded  by  Pol. 
C.    §    2349,   as  amended   1891. 

799      515      San  Mateo   County,   terms  of  court  in.     Repealed  by   con- 
stitution  of    1879,    abolishing   the   courts   named. 
Gen.  Laws — 94 


KT. 

1877  - 

ilis 
pen- 

I 

im 

taxes     in. 
a    railm»<l    ' 

«ry    tax«h 

Sacraniei. 

1 

J     175. 

- 

v      Jun 

wi  i     :.'  ■•     u. 

PIS 
932 

981  Kran 


Page  Chap. 

931 

588 

932 

591 

942 

592 

943 

593 

943 

594 

944 

597 

946 

599 

STATUTES    REMAINING    IN    FORCE.  1523 

1877-8— Continued. 

Authorizing  the  grading  of  Bay  Street  and  the  changing 
of  its  grade 

Establishing     and     opening    Montgomery    Street    south. 

To  pro\ide  for  the  payment  of  certain  bonds  of  Ala- 
meda    County. 

Quieting  title  to  land  in  Yolo  County. 

Authorizing  the  construction  of  a  sewer  in  San  Fran- 
cisco. 

To  enable  railroad  companies  to  complete  their  roads. 
In  relation  to  the  police  judge  of  San  Luis  Obispo. 
Superseded  by  incorporation,  in  1884,  uuder  the  Mun. 
Corp.  Act  of  1883. 
947  601  To  create  a  municipal  court  of  appeals  iu  San  Francisco. 
Repealed  by  the  constitution  of  1879,  abolishing  the 
court. 

949  607      Relating   to   warehouse    and   wharfinger   receipts. 

950  608      Fixing    the   compensation   of    sheriffs   of   Alameda    County. 

Repealed  by  Co.  Gov.  Acts,  see   1897:501,   §    160. 

951  609      For    the   relief    of   taxpayers    whose    lands   have    been   sold 

to    the    slate       Probably    superseded    by    1830:9,    chap. 
11,   end  by  Pol.  C.    §   3780,   as  amended  1895:328. 
953      611      In  relation   to   the   House  of  Correction  of  San  Francisco, 
Repealed    1893:5. 

955      613      Imposing    a    tax    on    certificates    of   stock    in    corporations. 
Repealed    1897:243. 

958  619      To  provide  a   sufficient  number  of  deputies  for  the  county 

assessor   of   Santa    Cruz    County.     Repealed    by   the    Co. 
(in.    Acts,    see    1897:452. 

959  620     To   confer   additional   powers   on   the   board  of   supervisors 

of    San   Francisco.      Superseded  by   the   charter   of   that 
city. 
961      622      Closing  part  of  Elm  Street,   in  San  Francisco. 
963      626      To    authorize    managers    of   orphan    asylums    to    give    their 
consent     to    the     adoption    of    children.      See    C.     C.     § 
2  :4,   amended  1895:39. 
963      638      Authorizing    supervisors    of    Amador    County    to    declare    a 
toll  road. 
In  relation    tocertaiu    streets  in   the   town  of  Alameda. 
To   change   the  grade  of  certain   streets   in   San   Francisco. 
To   extend    the   jurisdiction   of   the   park   commissioners   to 

a  certain  highway. 
To    create    the    office    of    commissioner    of    transporation, 

etc.      Repealed  by  the  constitution   of  1879. 
Creating    Sacranento    River    drainage    district. 
Concerning    roads     and    highways     in     Monterey     County. 
Repealed   1883:5,   chap.    10,   sec.   2,   and  by   the   County 
Government   Acts. 
Providing   for   the   distribution   of  school  moneys  in  Yolo 

County.      Repealed  Pol.   C.   §   1858. 
To    attach    a    portion    of    Kings    River    Switch    school    dis- 
trict   to    Kinesbury    school    district. 
To    prpvent    hoga    and    goats    from    running    at    large    in 
Plvmouth,    Amador    County.      Probably    repealed    1897: 
198. 


964 

629 

966 

633 

967 

635 

969 

641 

987 

643 

998 

646 

1003 

652 

1010 

654 

1020 

659 

664 

1 

4 

5 

7 

1 

l  i 

B 

17 

COV  HT. 

1877-8—' 
To    mi! ■  Fonda   fa 

•  >f    tin-    mayor    of    San 
irtar   of   that    ••!■ 

■i     d   untenance    of 
. 
•M 

riaia    landa    in    the 
uaa    and    > 

■-of    Kl    Do- 

, '.iblic    health    fr.'iu    infection    can 

Amended     1889: 
139. 

1880. 
To    Ira  m    the   courts   existing    prlof 

tcatea. 
In    rein'  nnd    aaaiat  ■  .<"    clorka. 

lunda  have   bean    Hli 
I     C.    I    8780, 
aa   i 

,  ,»,    half    of 

•  aUfonan. 

to    fix    vratar    ratea. 

.ii-s   issued 
■ 

■■ 

(San 

dad   aa 

20        2  7  ol   donationa    to   the    atate    or 

jjj        2-  •    moke   leases   and   otli 

Probably    un- 

mal. 
22        30     T  ■•  ■•■    navigable.     Supersedad 

To 

•  s    to   office. 
lie    em- 

■"' 

levee    diatl 
.   u    of    fruit    treea    and 


81 

80 

49 

36 

45 

Page 

Chap 

39 

51 

43 

57 

44 

58 

45 

59 

49 

60 

STATUTES    REMAINING    IN    FORCE.  1525 

1880— Continued. 
To    prohibit    the    issue    of    licenses    to    aliens    not    elisibl* 
to  become  electors.     Unconstitul  ,  le  v.   Quong 

On  Long,  6  Pac  Coasl  L.  J.  192)';  see  Pol.  0.  §  3GG0, 
as    amended    1901 :6?5. 

To   compel    the   operation   of  railroads. 

To    provide    for    the    management    of    the    Yosemite   Valley 

and  Mariposa  Big  Tree  Grove.      Amended  1885:212. 
Concerning    the    powers    of   the    railroad    commissioners. 
Providing    for    the    management    and   control    of    the    state 
agricultural     society. 
52        62      For    the    promotion    of    the    viticultural    industries    of    the 
state.     Enlarged     1881:51;     1885:9;     all    but    sections 
8  and  9  repealed   1895:235,   chap.   189. 
55        63      To    protect    lands    not    recognized    as    swamp    lands,    from 
overflow.      Unconstitutional    in     some    respects     (Hutson 
v.    Protection    District,    79    Cal.    90);    amended    1889: 
366;    probably    superseded   by    1895:247. 

61  66      To    confer    powers    on    supervisors    of    cities    and    counties 

containing  mure  than  one  hundred  thousand  inhabi- 
tants      Superseded    by   charter   of   San    Francisco. 

62  69     To    form    agricultural    districts,    etc.     Amended    1883:30; 

1885:39,  120;  1887:80;  1889:78;  and  partly,  if  not 
wholly,    repealed    by    1891:138;    1895:14. 

67  71  To  define,  regulate,  and  govern  the  state  prison  of  Cali- 
Eor  ia  Amended  1881:79;  superseded  by  1889; 
404,    chap.    264. 

77        75     Relating    to    the    intoxication    of    officers. 

80  83  To  prohibit  the  sale  of  intoxicating  liquors  in  the  state 
capitol. 

80  84  To  regulate  and  provide  for  a  day  of  rest  in  certain 
cases.  Unconstitutional  (Ex  parte  Westerfield,  55 
Cal.    550). 

82  87  For  the  relief  of  insolvent  debtors.  Amended  1891:511; 
1893:45;    repealed    1895:131. 

99  88  To  provide  for  additional  judge  in  Mono  County.  Re- 
pealed  18S3:72. 

100        90     To    empower    consolidated    cities    and    counties    to    make 
alterations    in    county    prisons.      Superseded   by    charter 
of    San    Francisco. 
102        93      Authorizing    boards    of    supervisors    to    pay    expenses    of 
posse   comitatus    in    criminal    cases. 
To   regulate   the   sale   of   certain  poisonous   substances. 
To   provide   for   removal   of   obstructions   in    Pitt   River. 
Providing    for    the    appointment    of    an    additional    notary 
public  in  San  Francisco.      Superseded  by  Pol.  C.   §   791. 
106      100     For   the    protection   of   certain    kinds   of   fish.      Expired   in 
1882. 

114  103      Empowering   cities   and   counties   to   pay   for  rent   of   court- 

rooms.     Superseded  by  charter  of  San  Francisco. 

115  105     Establishment   and  maintenance  of   a  mining  bureau.      Re- 

pealed   1893:207. 
119      109      To    provide    for    appeals    from     i]  tting    reclamation 

or    swamp    laud    districts.      Superseded   by    1893:174. 


102 

94 

104 

96 

106 

99 

RKPORT. 


OTiap. 
121      11  J 

123      11C 

123  117 
118 
LIS 

183      120 

187      194 

231      120 

a        -j 


1880— Cntii 
To    provide    for    the    construction,    maintenance,    and    opern- 

V8. 

!                          ftlieni     from     fishing     in  the     wulrr^     of     tlio 

state                      itutiooal    (In  re  Ah  (  b                   .•-.  Coast 
L.    J     4:.l). 

Iruinoge.      I  Turks, 

Furthei  n    in    mining    i 

ot    the    wu;  i 
of    Sao    1  : 

•  .     to     tart      u 

funds 

Klumalh      bLiver      uavi 

• 

h\       1'nl 

I    of 

•  til.. 

■ 

and    I  wm    to 


3  4 

9         13 

14  16 

I 
■ 


I 


50        60 


:.i 


holle. 
r     the    api  i.v      supremo 

41  ; 

•nral    swamp 
and 

6  CaJ    151). 

la    County. 

.     • 

r 

•. 
chap. 

. 

To    all'    '  ip    "nd 

■     chap. 

I     part* 


STATUTES    REMAINING    IN     FORCE.  V&1 

Page  Chap.  1881 — Continued. 

54        52     To    enable    hoards    of    supervisors    and    other    legislative 

bodies    to    perform    the    duties    prescribed    by    see.    1, 

art.     XTV.     of     the     constitution.     Unconstitutional     in 

part    (Fitch    v.    Supervisors,    122    Cal.    285). 
65        55      To   enable   purchasers   of   state   lands   to   redeem    them. 
68        59      To    facilitate    equalization    of    assessments    in    reclamation 

districts. 
74        64     To    create    an     additional     police    judge's     court     in     San 

Francisco.      Su]  by    chap.    8    of   art.    IV    of    the 

chartei    of   San    Francisco. 
76        67      To    confer    power    up.  n    supervisors    to    complete    sewers. 

Superseded    by    Co.    Gov.    Act    and    the    charter    of    San 

Francisco. 

76        68     To    provide    for    bridge    across    navigable    waters.      As    to 

repairing   or   reconstructing,    see    1897:21,    chap.    2.">. 
81         72      To  provide   a   state   hospital   for   miners. 

86        75      To     protect     and     promote     the    horticultural     interests     of 
te.      Amended     1889:413;     1891:268;     repealed 
1897:244. 

1883. 

20  11  To  prevent  the  sale  of  oleomargarine  as  butter.  Prob- 
ably  repealed   by   1695:41   aud   1897:05. 

24  17  To  provide  for  the  classification  of  municipal  corpora- 
tions.     Amended     1897:218.    421;     1899:141;     1901:94. 

27  21  To  establish  and  support  a  bureau  of  labor  statistics. 
Amended    1889:6;    1901:12. 

32  24  To  provide  for  the  improvement  of  streets,  etc.  Re 
pealed    1885:165. 

53  29      To    provide    for    the    submission    of    amendments    to    the 

constitution.      Repealed     1S99:24. 

54  30      To    provide    for    the    better    control    of    the    funds    of    the 

University    of    California.      Unconstitutional    (People    v. 
Seven,   69   Cal.   215). 

55  31      Appropriation    tor    support    of    indigent    persons    residing 

in     Veterans'      Home.      Amended     1887:6;      1893:214; 

1899:147;     1901:275. 
58        34      To    divide    the    state    into    senatorial     districts.      Repealed 

1891:71,  chap.  81. 
63        37      Fixing   the  jurisdiction   of  justices  of   the   peace   in    cities 

and  towns.     Superseded  by  C.  C.  P.  §   103,  as  amended 

1901:100. 
85        47      To    divide    the    state    into     assembly     districts.      Repealed 

1891:71,    chap.     81. 
93        49      To  provide  for  the  organization  of  muncipal  corporations. 

Amended    1885:127,     134;     1887:12;     1889:371,     389; 

1891:21,     28,    54,    55,     114,    233;     1893:299;     1*95:24, 

159,    266;     1897:89,     175,     183,    196,    403;     1899:98; 

1901:12,    18,    70     269$    293,    656;      1903:40,    93,     13">, 

330.      Unconstitutional    as   to    the   provisions   in    §    756, 

requiring    courts    to    take    judicial    notice    of    ordi    a.ices 

(City   of   Tulare   v.    Hevren,    126    Cal.    220). 
280        51      To    protect   the    public    health. 


188" 

ppolnt  ln*|         '» 

y    lands    to    the    Uni- 

•are.      Amended 

- 

cressioual     ili^tricu 
kaI   u(    tnoncjrs   after   building   school 

1  oanli   of  and    cities 

.rd    of    silk    culture.      Superseded 

.u   in   pari  > 


•>    a    pro- 
and    as    to    San    rrancisri    I  v    ita 


r    infections 
rtOM    in     indigent 

1884. 

8  8      T  the     ii 

160. 

1885. 
8  1  '  ■<•    series    of    r 

I    state    Tit 

10        11 

IS        14  1   'wer    to 

'     T.     Insur  ,  • 

.'nl    tnanare- 

r 

chap     2 
of  art     1   «f   the  chai 


STATUTES    REMAINING    IN    FORCK.  1529 

Page  Chap.  1885 — Continued. 

31        27      Ratifying     incorporation     of     municipal     corporations. 

31  23  Authorising  fish  commissioners  to  build  and  maintain  a 
hatchery. 

83  30  To  provide  for  the  future  management  of  the  state  asy- 
lums for  the  insane.  Modified,  if  not  repealed,  by 
1889:329,  chap.  220,  and  both  modified,  if  not  re- 
pealed  by   the  lunacy   commissi"!!   net,  1897:311. 

34  31  To  provide  fur  commitments  to  the  house  of  correction. 
Superseded  1889:111,  chap.  108;  1889:100,  chap. 
103. 

85  82  To  prevent  the  overcrowding  of  asylums  for  the  insane. 
Superseded    by    the    lunacy    commission    act,    1897:311. 

85  83  To  provide  an  additional  asylum  for  chronic  insane. 
Amended  1889:130.  Superseded  by  the  lunacy  com- 
mission   act,     1897:311. 

38  84  Authorizing  commissioners  of  public  parks  to  accept 
donations 

40  86  To  prevent  the  spreading  of  fruit  and  fruit-tree  pests. 
Superseded   1899:91,    chap.    76. 

42  87     To    authorize    municipal    corporations   of   the    first  class    to 

obtain    public    waterworks.      Repealed    1889:399. 

43  38     To    provide    for    analyzing    minerals,    mineral    waters    and 

other    liquids,    and   medicinal   plants. 

45  39  Regulating  the  height  of  division  and  partition  fences 
in  cities  Fences  wholly  on  the  land  of  their  owner 
excluded  therefrom.  (Western,  etc.,  Co.  v.  Knicker- 
bocker,   103    Cal.    111). 

49  47  To  advance  learning,  etc.,  and  creating  trusts  for  the  en- 
dowment of  schools  and  colleges.  Amended  1891:454. 
Supplemented     1903:140. 

53  48  Appropriation  for  the  establishment  of  a  fund  for  the 
purchase    of  jute. 

55        52      To    legalize    certain    acknowledgments. 

77  102  To  subject  certain  reclamation  districts  to  the  provisions 
of    the    Political    Code. 

95  115  To  regulate  and  control  the  sale,  rental,  and  distribu- 
tion   of   water.      Amended    1897:49;    1901:80. 

108  124     To    authorize    the    appointment    of    an    interpreter    of    the 

Italian  languages  in  cities  of  one  hundred  thousand 
inhabitants.  Amended  1895:37.  Superseded  as  to 
San  Francisco  by  chap.  1  of  art.  V  of  the  charter  of 
that     city. 

109  125      To    secure    wages    of    persons    employed    as    laborers    on 

threshing     machines. 

110  127     To   insure    better   education    of   practitioners   of   dentistry. 

Amended    1893:70;       repealed    1901:564. 

114      131      To    facilitate    the    giving   of   bonds   required   by   law. 

126  136  To  compensate  sheriffs  for  conveying  prisoners.  Amend- 
ed   1889:200. 

136  147  To  enable  municipal  corporations  of  the  sixth  class  to 
elect    officers. 

139  149  To  change  and  permanently  locate  the  boundary  line 
between    Kern    and    San    Luis    Obispo    counties. 


COM.M1-  llT. 

Tagc  Chap.  1885 — Coil  tin 

117       )  Is,     lnncs,     alloys,     etc. 

■ 

199      156 

d    1887: 

;ii4     r 

211     162     Authoi  i     to    refand     tho 

y     lubd.      1 

than 

1  .1      l:.ll.i 

: 

216       I 

fl  ]  :  |     lor    mining    bureau.      K" 

1887. 
l         o     To   I  .■'■--'  I   "f  *h"   "■parlor  e 

irt    nnJ    improvement 

5  0,  ■*■     ..f     trinl*     of      pi  r 

,«!,    fur    the    pr 

16         18  .....-.- 

tutional   (San 
I 
1  7         •_■  ]  in      the      matter      of 

.    '•«      and     manufactured 

lg  -in       Bemnr.lino 

ty. 

..,,     (,,r    lh'  it     of    libraries,    museums, 

irri- 

'     '•  ■ 

supple- 

. 

46  if    tho    stale    board    of    fori 

Its    title    pur- 

:     ..■:       '  .  IB     <■■ 

.f    ritiog    of    more    tb  i 

■ 

rkg. 

the    number    of    superior    judg> 

d    Stales    cirtaiu    lands    at    Hum- 
.    Bay. 


41 

f-9 

STATUTES    REMAINING    IN    FORCB.  1531 

Page  Chap.  1887— Continued. 

60        53      To    establish    a    branch    state    normal    school    in    northern 

California. 
69        57      To    provide    foi    the    government    of    the    California    Home 

for    the    Care    and    Training   of    Feeble-Minded    Children. 
•  Amended    1889:155;    supplemented    1897:2,    251,    chap. 

188;    1901:795. 
74        60     To   provide    for   the   removal   of   the   mineral   cabinet    from 

the     state     library. 

81  72      Authorizing    county    clerks    to    take    affidavits    in    pension 

cases. 

82  74     To    prevent    persons    from    unlawfully    wearing    badge    of 

Grand    Army    of    the    Republic. 
95        82      To   provide  for  the   completion   of  unfinished   county,    city, 

and     township     buildings.      Amended     1891:83;      1893: 

126;     1895. 166. 
110        95     To    protect    lite    and    property    against    the    careless    and 

malicious  use  of  explosives. 
120      104     Authorizing    the    incurring:    of    indebtedness   by    cities   and 

towns.      Amended     1889:14;     repealed     1889:402. 
139      122      To    provide    for    compiling    and    publishing    state    school 

books. 
147      128      For  the  better  protection   of  settlers  on   the  public   lands. 
150      133      To     validate    proceedings    for    the     reorganization     of    mu- 
nicipal   corporations. 

160     148     Establishing    an    Industrial    Home    of    Mechanical    Trades 

for    the    Adult    Btud.     Amended    1889:147. 
233      ISO      To    regulate    the    vocation    of    fishing,    etc. 

1889. 

8  5     To  provide   for  the  proper  sanitary  condition   of  factories 

and  workshops  Amended  1901:571;  1903:16;  de- 
clared unconstitutional  (Schaezlein  v.  Cabaniss,  135 
Cal.  466). 

4  7     To     regulate     the     hours     of     labor     and     employment     of 

minors.      Probably     superseded    by     1901:631. 

5  8      To     increase     the     number     of     superior     judges     in     San 

Diego    County. 

13  16  To  provide  for  the  appointment  of  supreme  court  com- 
missioners.     Superseded    1893:1. 

21  21  Supplemental  to  1887:29,  for  organization  of  irrigation 
districts.      Amended     1893:516. 

25  23  To  establish  a  branch  insane  asylum  at  Ukiah.  Super- 
seded   by    the    lunacy    commission    act,    1897:311. 

32        24      To    encourage   and   provide    for  general   vaccination. 

37  30      To    provide    for    the    funding    indebtedness    of    the    several 

counties  of  the  state.  Superseded  by  §  25,  Co.  Gov 
Act,    1897:457. 

38  31      To    provide    for    thd    correction    and    establishment    of    the 

eastern   boundary    of    the    state.      Perhaps    obsolete,    for 
it  provided    the   work  was   to   be  done  in   one   year. 
56        62      Creating    police     relief,    health,     life    insurance,    and    pen- 
sion   fund.      Amended    1891:287,    469;    1897:52. 


irr  .  REPORT. 

Pag*  chnp.  1889 — Contim 

62         60  s 

:o     charter 

.irt       \  . 

70         70 

• 
85        81  navigable 

Act, 
457 
94      89      To    ratify    n    conreyan  itiel    "f 

than    fifty    thuusand    i 
100      103  iiry.      Am. 

100      : 

•late   iunan*  asyiuin   at   B  -*9: 

107      105  from 

108 

tueu. 

To 

a    state    h 

m    act, 

luperior  j  An- 

gola 

the    mai;  .of    publio 

m,    suilora, 
and 
To    grant    certain    tide    lauda   to    the    United    State*. 

;mea. 
of    lnuiii- 

■  f    blue    cranea. 

To    i 

and    arinv 

in    .Marys. 

■n    of    the    record*    oi 

i  ra. 
.      regenU    of    \h  .        '    ' 

Be    office    of    the 


111 

108 

110 

1X1 

201 

11  l 

804 

333 

222 

848 

237 

352 

241 

356 

246 

361 

248 

375 

252 

388 

257 

STATUTES    REMAINING    IN    FORCB.  1533 

Page  Chap.  1889 — Continued. 

r!27      212      To    provide    for    compiling,     copyrighting,      and     printing 

elementary   book   on   civil    government. 
329      220      To    provide    foi    the   maintenance,    support,    and    discharge 

in     ceitain     cases     of     insane     persons     confined     in     the 

state    asylums.      Probably    superseded     by     the     lunacy 

commission    act,    1897:311. 
Reducing    the    nnmber    of    superior    judges    in    San    Luis 

Obispo    County. 

Authorizing  the  several  counties  of  the  state  to  create 
a  funded  iwlel.tedness.  Superseded  by  §  25,  Co.  Gov. 
Act,    1897:460. 

To  prevent  the  sale  of  intoxicating  liquors  to  persons 
addicted   to   the   inordinate  use   thereof. 

To    provide    for    changing    the    boundaries    of    municipal 
S,    and    to    exclude    territory    therefrom.      Su- 
perseded  in   part,   at   least,    by   1889:433,    chap.    280. 
858      247     To     provide     for    altering     the    boundaries     of    municipal 
corpoiations   and    the   adding  of   territory   thereto.      See 
also    1889:433;    1899:41. 

To  enable  incorporated  cities  and  towns  to  acquire  and 
maintain   parks. 

To  regulate  quarantine,  and  the  admission  of  horses, 
cattle,  sheep,   and  swine  into   the  state. 

To  authorize  the  board  of  state  harbor  commissioners  to 
constiucl  railroads  over  state  lands  and  along  the 
water  front  of  San  Francisco.  Superseded  by  Pol. 
C.   §    2524 

399  261  To  authorize  the  incurring  of  indebtedness  by  municipal 
corporations  frr  the  construction  of  waterworks,  sew- 
ers, etc.  Amended  1891  :S4,  94,  132;  1893:61.  This 
latter  amendment  attempted  to  be  repealed  by  1897; 
75,  cliap.  87.  but  such  repeal  declared  unconstitutional 
in   C'ty  of  Los  Angeles  v.  Hance,   122   Cal.   78. 

To   regulate   and   govern   the   state   prisons. 
To    provide    for   the    appointment   of   pilots   at   the    port    of 
"Wilmington   and   the   bay  of   San   Pedro. 

To  recognize  the  Veterans'  Home  at  Yountville  as  a 
state    home. 

To    provide    for   the    erection   at    San   Quentin   of   a   build- 
to   accommodate   insane   prisoners.      Repealed   1893; 
148. 

To  provide  for  the  appointment  of  an  examining  com- 
missioner  on   rivers   and  harbors. 

Respecting  payment  in  full  by  holders  of  certificates  of 
purchase  of  linds  sold  prior  to  March  27,   1872. 

To  provide  for  changing  the  boundaries  of  cities  and 
municipal  corporations,  and  to  exclude  territory  there- 
from 

434  281  To  provide  for  applications  for  the  purchase  of  six- 
teenth   a  -ixth    sections. 

451  289  To  pr<j\i.le  for  a  keeper  of  archives  and  define  his  du- 
ties. 


404 

264 

416 

267 

418 

268 

419 

269 

420 

272 

428 

278 

433 

280 

1        1 


8 

12  19 

2<>        :t:i 
2  1 


80 

68 

70 

71 

84 

nn.l 


■iieut   of   a    Bteno^r  iphpr     for     the 

I  M    '<>r   Foh">| 

ns     "f     tl>* 
l  ■  y     Pol.     C. 

■ 

■  ii     the 

ios   »nd 

: 
■ 

- 

y    inn- 

I   •     fort    an.l    ap 

•ailure   to   pay    tolls. 

••*.      Re- 

210. 

I  'in. 

• 

■    .<!    to    irriifa- 

il    action!    for    lorring-    MnnnoniKi 

ent    of    county    high     ■ 

lumber    of    »up'  l    in    Tular* 

-iirance    of  Lelonging    to 

grMaionaJ    district*.     Sup«r* 


98 

94 

102 

9li 

107 

106 

110 

111 

STATUTES    REMAINING    IN    FORCE.  1535 

Page  Chap.  1891— Continued. 

86        85      Regulating    flip     practice     of     pharmacy.      Amended     1893: 
68;    repealed   1901:304. 

90  86      Oreati  lien    in    favor    of    owners    of    stallions,    jacks, 

and    bulls. 

91  87      To  prevent  the  sale  of  intoxicating  liquors  to  minors. 

92  88     To    validate    proceedings    for    the    reorganization    of    mu- 

nicipal  corporations. 
95     '  91      To    pr     idi  r  nishing    assistants    to    city    and    city 

and    county    attorneys.      Superseded    as    to     San     Fran- 
cisco by  chap.  2  of  art.  V  of  its  charter. 
To    create    the    county    of    Glenn.      Amended    1893  :lJf8. 
Authorizing   incorporated    cities,    to    acquire    by    purchase, 
gift,     or    condemnation,    water,    water    rights,     reservoir 
sites,     etc. 
Giving    consent    of    the    state    to    reservation     of    certain 

lands    by     congress. 
To    pr<  vide     for    the    issuing    and    sale    of    state    bonds    to 
create  a    fund   for  the   use  of  the  state  board  of  harbor 
commissioners. 
126      116      Relating    to    life,     health,    accident,    and    annuity    or    en- 
dowment  insurance   on    the  tent   plan. 
133      120      Authorizing    the    sale    of    the    buildings    and    sites    of    the 
California    Home    for   the    Care    and   Training   of   Feeble- 
Minded    Children. 
138      126      To    form    agricultural    districts,    and   provide   for   the    man- 
agement and   control   of  the   same.      Amended   1893:282; 
1895:14,    100. 
182      137      For    the    establishment    of    high    schools.      Unconstitutional 
(McCabe   v.    Carpenter,    102    Gal.    4G9);    repealed   1893: 
277. 

184  138      To    authorize    directors    of    the    Veterans'    Home    Associa- 

tion   to    exchange    certain    lands. 

185  140      To    prohibit    the    coming   of    Chinese    into    the    state.      Un- 

constitutional (Ex  parte  Ah  Cue,  101  Cal..  197). 

To  authorize  Robert  C.  Ball  to  sue  the  state. 
146    .  To   provide    foi    the   payment   of   wages   of   mechanics   ami 
laborers    employed    by      corporations.      Unconstitutional 
(Slocum  v.   Bear   Valley  Irrigation   Co.,   122   Cal.    555). 

Creating  the  office  of  attorney  for  the  state  board  of 
health,    at    San    Francisco. 

To  provide  for  the  payment  of  the  funded  indebtedness 
of  the  state,  and  to  contract  a  funded  debt  for  that 
purpose. 
217  154  To  protect  owners  of  bottles,  boxes,  siphons,  and  kegs 
used  in  the  sale  of  soda  waters,  etc.  Amended  1903 : 
83. 

Relating  to  working,  rights  of  way,  easement,  and  drain- 
age   of    mines. 

To  determine  what  lands  of  the  state  are  swamp  and 
overflowed. 

To  provide  for  the  formation  of  sanitary  districts. 
Amended  1893:88;  1895:85;  bu1  this  amendment  de- 
clared unconstitutional  (In  re  Werner,  129  Cal.  567); 
also    amended    1901:633;    1903:121. 


194 

145 

195 

146 

209 

148 

210 

149 

219 

155 

221 

157 

223 

161 

UN 


PORT. 


"hap.  1891 — Contin 

'.    ess   of  levee   distnrt 

.'.lor   to    transfer   or 
taii< 
237 

I   in    the   state   treas- 
>ie  swamp 

and     sur  sell 

Lands. 

i era   to  purchase 

nblish    a    unl    battallior. 

■ 

certain      lands      to    the      Q 
:  ■     bridge     acroaa     the     Feather     Biver     at 
lh    clash    t 

i    eummissioners   to    i 

..ion   and   wiudiug   up  of   savings 

LUx    and  treasurer    to     transfer 
.  d». 

on    coyote   scalps.  Repealed    1- 

o    a    salary  r    of    the    archives    in 

istitatioiuU 

.'    uiurriod 

..  :    1     0      §0l- 

la   lost  warrants. 

.     :   ..        (01 
lids. 

■ 
■ 
V7    lal     361). 


Page  Chap. 

452 

235 

452 

236 

454 

238 

STATUTES    REMAINING    IN    FORvJU.  1537 

1891— Continued. 
Authorizing    stmo    hoard    of    examiners   to    sell    old    furni- 
ture   and    material. 
Fixing  the  rate  of  fare  on  baled  hops. 

To  provide   for  the   publication  of  a   blue  book   or  roster. 
Superseded   1893:218. 

458      243      Expressing  the  assent  of  the  state  to   the  act  of  congress 
of   August    30,    1890. 

473      253      To    prevent    the    destruction    by    fire    of    the    property    of 
contiguous     owners. 

478      255     To    define    the    duties    of    and    to    license    land    surveyors. 
Amended    1903:267. 

487      263      To    establish    a    standard    of    weights    and    measures.      Of 
doubtful    constitutional:  been    acted 

under.  (Condict  v.  Police  Court,  59*  Cal.  278;  sec. 
14,  art.  XI,  State  Const.;  si:bd.  5,  sec.  8,  art.  I, 
Const,  of   U.  S.)  — 

490      264     Authorizing   certain    corporations   to   act   as   executors   and 
in     other     capacities.      Amended     1897:424;     1903:244. 

513      279      Appropriation    to    pay    the    claim    of    A.    J.    Bourn.      Un- 
constitutional   (Bourn   v.    Hart,    93    Cal.    321). 

513      280      For    the    payment    of    John     J.    Conlin.      Unconstitutional 
(Conlin  v.   Supervisors,   99   Cal.   17). 

1893. 

•    1  1      Providing    for    the    appointment    of    supreme    court    com- 

missioners    and     their     secretary.      Continued     1897:47, 
chap.   52;    1899:11;    1901:273. 
3  5      Providing    foi    aa    additional    judge    for    Alameda    County. 

5  8      To    abolish    fees    or    commissions    paid    by    the    state    for 

collection   of   ad    lalorem    taxes. 

6  9      Authorizing    controller    and    treasurer    to    transfer    certain 

moneys  to  the  general  fund. 
12  16  To  promote  the  purity  of  elections.  Amended  1895:227. 
Unconstitutional,  in  so  far  as  it  requires  an  oath  of 
a  successful  candidate  for  office,  in  addition  to  that 
prescribed  by  the  constitution  (Bradley  v.  Clark,  133 
Cal.     196). 

29  17      Limiting    the    time    for    granting    franchises    for    the    con- 

struction, extension,  or  operation  of  street  railroads. 
Superseded    1897:135, 

30  19      To    prevent    combinations    to    obstruct    the    sale    of    live- 

stock. 

33  21  To  provide  a  system  of  street  improvement  bonds. 
Amended  1899:40.  Unconstitutional,  in  so  far  as  it 
undertakes  to  make  the  bond  conclusive  evidence  (Rain- 
ish   v    Hartwell,    126    Cal.    443), 

42  24  To  declare  certain  tide  lands  public  grounds  and  grant- 
ing the   same   to   San   iiateo   County. 

44  27  Requiring  street  railroad  corporations  to  allow  United 
States   mail    carriers    to    ride    free   of   charge. 

46        30      Fixing    the    salary    of   the   janitor    of    the    state    capitol. 

49        36      To    provide    for    the    redemption    and    the    payment    of    cer- 
tain   funded   debt   bonds   of  the   state. 
Gen.  Laws — 97 


oa 


• 


54 

41 

54 

89 

57 

49 

75 

I 

I 

- 

LSI      105 


1893 — ''on  tin 

To    J  • 

|«     »t     which     jnt» 

■     •  a\»l     b 

■ 

To  eatabHali   a   u 

I 

S   112, 


■ 


Arcd    to 

rrjr. 
and 


■  '    . 


L61      187 

LSI      1 8  - 


174       141 


181     i  ;•  i 


i 

-  i 

supreme    ooorl    to    ai> 

Hi   >.f   lmv 

f   1 

1      nsa. 

;     the    form.i-  I 

.    cancellation 
located    school    land 


208 

175 

210 

177 

217 

182 

218 

183 

STATUTES    REMAINING    IN    FORCE.  1539 

Page  Chap  1893 — Continue  il. 

183      153      To    establish    board    of    parole    commissioners.      Amended 

1901:82. 
183      154     To    compel    savings    banks    to    publish    a    sworn    statement 

of    unclaimed    deposits. 
190      165      To     provide     for     famishing     assistants     to     coroners     in 

cities     and     cities     and     counties     having     one     hundred 

thousand    >>r    <b  bitants.     As    to    Ban    Francisco, 

superseded    by    charter. 
193      1G8      Establishing    a    tax    on    collateral    inheritances.      Amended 
T7;_      1609:101;      1903:55,     '268.      The 

amendment     of     1-!J,     was    unconstitutional     (Estate    of 

Mahoaey,    133    Cal.    I 
203      172      To  provide   for   the   appointment   of   guardians   of   children 

in    orphan    asylums. 
203      173      To    provide    for    the    establishment    of    the    state    mining 

bureau.     Amended    1903:113. 

Relating  to  the  operation  of  railroads. 

To   regu'ate   the   sale  of   imitation   olive   oil. 

To   prevent    compulsory   prostitution   of   women. 

To   provide   for  the  publication  of  the   state   blue  book  or 
roster 

218      184     Authorizing   the    appointment    of   trustees   for   the    estates 

of    missing    persons. 
220      1S5      Making    it    unlawful    to    refuse    admission    to    places    of 

amusement. 

220  186  To  provide  for  laying  out,  opening,  etc.,  streets  in  mu- 
nicipalities of  forty  thousand  or  over.  Probably  un- 
constitutional (Darcy  v.  Mayor  of  San  Jose,  104  Cal. 
642:    Pasadena   v.   Strmson,   91  Cal.   258). 

229  188  Creating  a  board  of  commissioners  of  building  and  loan 
associations.      Amended    1895:103. 

234  190      Providing   for   the   removal   of   human   remains   from    ceme- 

teries.     Amended   1895:157. 
2  35      191      Regulating   the   disposition   of  cattle   killed  or  slaughtered 
in    the    state. 

235  192      To   provide    for   the   transfer  of   certain   moneys   from  one 

count;   to    an  oil 

277  195  Granting  to  board  of  supervisors  of  Sonoma  County  right 
of  way  through  the  lands  of  the  California  Home  for 
the   care   and    Training   of   Feeble-Minded   Children. 

280  197  Providing  for  the  compensation  of  chief  and  captain  of 
police  in  cities  having  not  less  than  ten  thousand  nor 
mure  than  twenty-five  thousand  inhabitants.  Uncon- 
stitutional (Darcy  v.  Mayor  of  San  Jose,  104  Cal. 
642). 

282  199  Relating  to  treasurers,  their  deputies  and  clerks  in 
counties,  and  cities  and  counties,  having  a  population 
of  two  hundred  th  tusand  or  over.  Superseded  as  to 
San    Francisco    by   the    charter   of    that    city. 

285  201      To    prohibit    the    creation    of    debts    against    the    state    in 

excess  of  appropriations  made  by   law. 

286  203      To     regulate     the     practic  :      medicine     and 

surgery.      Amended    190J:23S. 


■VERS'    REPORT. 


Page  Chap 

288 

204 

211 

302 

219 

389 

141 


16 


\< 


56 


71 

76 


1893—  Con  tin 

',    other    franchise! 
superseded 

1  reassessment    of   pr.  : 

'.hi'    fifth    class    to 

; 

'       -.ter   by 

as    and    infectious    die- 
•rials. 

d    cnipensa- 
1     1897:169; 

•he    recession 
land    lakes.      Amended 


■ 

846 

284 

. 

586 

144 

24 

14 

17 

41 

88 

19 


•I  4 


.-.'.' 

60 


76 


public      works.      Amended 

•y    ami    township 

rt    (Hale   r.    Mcliclligan,    114   OaJ. 

settlement,    and    payment 
%    against    a    city    or    municipal 
me    of    the    exclusion    of    territory 

1895. 
To    roiltK-e    the  I    judges    In    San    Diego 

pay     orer     to     the 
:•)«>    Association    certain 

{ft    fi  r    Humboldt    County. 
in    the    mm.ufacture    and    sale    of 

Au'l:  ird     of    h.nlth    to    manufacture 

•    xine. 

ramento  County. 

in    cun- 
.    i-lass  of  a   ; 

for    the    state    treas- 
lit    of    1868:554,    chap. 
ule    was,    b 

■  f   a    guardian   of   Sutter's    i 

I     the    attorney  general    with    law 

ional    clerk    by 
the    i 

..ml    drugs. 
of   deeds    by 

terj 


STATUTES    REMAINING    IN    FORCE.  1541 

Page  Chap.  1895 — Continued. 

76  84  Authorizing  boards  or  commissions  having  the  manage- 
ment of  paid  fire  departments  to  grant  yearly  vaca- 
tions to  nnmoers  thereof.  Amended  and  supplemented 
1899:57. 

79  89  To  authorize  the  board  of  state  hnrbor  commissioners  to 
institute  condemnation  proceedings  against  certain 
property    in    San    Francisco. 

90  99  To  establish  a  police  court  in  and  for  the  city  of  Eureka. 
Superseded   by  charter   1S95:378. 

92  102  To  prevent  evil-disposed  persons  from  coming  upon  the 
grounds  of  the  \\  hittier  State  School  or  the  Preston 
School    of   Industry. 

94  104     To    prevent    the    sale    of    imitation    or    adulterated    honey. 

Superseded     1897:12. 

95  106     To  promote   the  protection  of  cities,  towns,  and  municipal 

corporations   from   overflow  by   water. 

98  107  Authorizing  judges  of  superior  courts  in  counties,  cities 
and  counties,  having  a  population  of  two  hundred 
thousand  or  over,  to   appoint  a  secretary. 

107  115  To  create  an  exempt  firemen's  relief  fund.  Unconstitu- 
tional (Taylor  v.  Mott,  123  Cal.  497);  superseded 
1901:101. 

109  116  Authorizing  the  trustees  of  Auburn  to  remove  a  ceme- 
tery. 

115  125  To  provide  for  the  disincorporation  of  municipal  cor- 
porations of  the  sixth  class.  Amended  1«l!7:17; 
1899  13. 

119  128  To  authorize  the  state  to  secure  the  title  to  right  of  way 
of  a  wagon  road  situate  between  Smith's  Flat.  El 
Dorado  County,  and  Lake  Tahoe.  Superseded  1897: 
389. 

122  131  Relating  to  commitments  to  the  Whittier  State  School 
and  the  Preston  Scbi>ol  of  Industry. 

128  138  To  reduce  the  number  of  judges  of  the  superior  court  of 
Tulare    County. 

128  139  Providing  for  the  changing  of  the  fiscal  year  of  cities 
operating  under  a   charter. 

131      143      For    the    relief    of   insolvent    debtors.      Amended    1897:35. 

156  143  To  reduce  the  number  of  judges  of  the  superior  court  of 
Fresno    Courty. 

161  156  To  prevent  the  ^ile  of  intoxicating  liquors  in  the  imme- 
diate  vicinity   of   soldiers'    home. 

163  159  Prescribing  how  judgments  which  may  be  recovered 
against  any  city  and  county  of  over  one  hundred 
thousand  population  .shall  be  paid.  Apparently  re- 
stricted  to    pre-existing   judgments. 

168  164      Providing    an    official    stenographic    reporter    to    the    coro- 

ners of  cities,  and  cities  and  counties,  having  a  popu- 
lation of  one  hundred  thousand  or  more  inhabitants. 
Superseded    as   to   San   Francisco    by   its   charter, 

169  165      To   create   the    office   of   fish  and  game   warden. 


IM  RT. 

Page  Chap  1895 — Contin 

lTo  --rente    s    public  hers'    annuity    and    P 

2:1. 
101      | 

. 

107      17-1      To  '-    by    reclamation    dis 

"f    tale    and    redamp- 

■ 
mi' 

rt    f..r   1 1i •• 

I 
in    counties    of 

111' 
•d  I 

.or     than     i 

221 

■ 

: 
any luin    t  :ts. 

•  f    a    clerk 
in   tin-  office  of  tho  tu] 

fur    pulilic    build 
2  IT 

. 

.    aa    to 

•in    fees 

I 
atalil'  t    the    thirty  fuurth   ell 

274      20rt      To    |  l    of    rock  cruah- 

planta  at   tii  pi  iaoac 

845 

of     the 
Law."     Amea 

848      223 

tuti.inal     (i  rs.    1  1  I 

1897. 

6  6      To    provide    f.>r    thi  t    and    operation    of    rail 

roads   all  .in. 


12 

15 

21 

25 

22 

26 

STATUTES    REMAINING    IN    FORCE.  154:s 

Page  Chap.  1897 — Continued 

5  7      To    require    an    .inventory    of    stjte    and    county    property. 

Amended    1901:93. 

7  9      To    increase    the    number    of   judges    of    the    superior   court 

of  Santa   Clara  County. 
"     9         13      Conferring    power    upon    the    governing   body    of   municipal 
corporations  of   the   first    class   to   provide   for   the   erec- 
tion of  a  municipal  hospital. 

12         14      To    regulate   medical   practice,    to    prevent   blindness    in   in- 
fants. 

To    prohibit   the   adulteration    of   honey. 
Concerning   bridges   across   navigable    streams. 
To     change     and     permanently     locate     the     boundary     line 
between  the  counties  of  Butte  and  Yuba. 

27  29      To     compel    all     depositaries    of    money    and     commercial 

banks    to    publish    a    sworn    statement    of    all    unclaimed 
deposits. 

28  30     To    authorize    any    city    or    city    and    county    to    take    its 

census 

29  32      To   legalize    certain    acknowledgments. 

30  34     To    authorize    state    agricultural    societies    to    sell    prop- 

erty   held    by    them    in    fee.      Amended    and    supplanted 
by    1899:106. 

84        37      Providing   for   the    destruction    of   municipal   bonds    where 
the    same    have   been   executed   and   remain    unsold. 

For  tht  protection  of  the  Antwerp  messenger  or  homing 
pigeon. 

To  provide  additional  support  and  maintenance,  and  for 
the  acquisition  of  necessary  property  and  improve- 
ments  for  the   University   of   California. 

To  authorize  cities  to  lay  out,  construct,  and  maintain 
streets   to  public  parks  outside   their  limits. 

Authorizing    cities    and    towns    to    grant    franchises   for   the 
constiuction     and    maintenance    of    railroads    to    public 
parks    beyond    their    limits. 
51      To  extend   the   jinisdiction  of  cities   and  towns  over  parks 
owned   by   them   outside   their  limits. 

To  provide  for  tht  appointment  of  commissioners  of  the 
supreme     court.      Superseded     1901  :273. 

To  provide   for  a   separate  judge  for  each  of  the   counties 

of   Yuba    and    Sutter. 
Ceding    to    the    United    States    jurisdiction    over    all    lands 

acquired    for    military    purposes. 

To    protect    candidates    for    certain    public    offices. 

Relating  to  salaries  of  officers  of  fire  departments  in 
municipalities  of  the  first  class.  Unconstitutional 
(Popper   v.   Broderick,    123    Cal.    456). 

Relating    to    pension    matttrs    and    claims    against    counties. 

To  provide  for  increasing  the  efficiency  of  fire  depart- 
ments   in    municipalities    of    the    first    class. 

To  prevent  deception  in  the  manufacture  and  sale  of 
butte;    and  sheeee. 

Defining  the  different  grades  of  cheese  and  for  branding 
the   same. 


37 

39 

44 

48 

45 

49 

46 

50 

47 

51 

47 

52 

48 

53 

51 

56 

53 

59 

54 

60 

55 

67 

61 

70 

65 

75 

69 

76 

COY  UT. 

'    th*    police 
class.      Un- 
Oal.    456). 
74        rd  natty 

1901.: 

74  -  to    certain 

75  82 

I.      Un- 
(Lo«    An  files     v.     Han' 
Ca!    77). 

-.    rate    of    com]'  -    labor    on 

99        97      To    rrjru!.-.  n    of    the    rockcrush- 

.»on. 
106      101       To  •    Assi  riation    th.- 

'-•..•ran*' 

; 

118      10n  .,  n    to 

■ 

114  (  a    ttalt 

115 

135  ther   frmn- 

al       in     part 
,  Ml«d    1801: 

137      1  right*. 

and    the    aimplif! 
tit*. 

'    San    Jose    to   m 

16g  t  .lion    of  ii. 

171       1  ;  t  in    i 

public   work*.      A 

17  7  f    tires      of      wagons.      R"pea]ed 

an    ezceaa    of    wal<r 
n 
190 


101        i 

I 
toa    rule    a:. 


Page  Chap 

198 

137 

200 

138 

201 

140 

238 

175 

239 

170 

244 

183 

250 

187 

STATUTES    REMAINING    IN    FOIICK.  1W5 

1897— Continued. 

Relating    to    estra>s.      Repealed    1901:606. 

To  enable  cities  incorporated  and  operating  under  char- 
ters  to  organize  under   general   laws. 

To  secure  the  payment  of  claims  of  materialmen,  nre- 
chanics,  or  laborers  employed  on  public  work. 

213  158      Providing   foi    furnishing   to    sheriffs    and   chiefs    of   police 

information   respecting  convicts  about   to   be   discharged 
from    state    prison. 

214  159      Prescribing    the    manner   of    locating   mining    claims.      Re- 

pealed   1899:148;     1000:9. 
217      160     Authorizing    municipal     corporations     to     lease,     purchase, 

own,    and   operate   gravel   beds. 
231      170     Requirii  g    corporations    to    pay    their    employees    at    least 
once     a     month.      Unconstitutional     (Johnson     v.     Good- 
year M.   Co.,   127   Cal.  4). 
To    establish   a    free    public   market   upon    the   water    front 

of    iran    Francisco.      Amended    1903:76. 
To   provide    for   the    construction    of   a    state   highway   from 

the    city   of   Sacramento    to    Folsom. 
To    promote    the    horticultural   interests   of   the    state. 
To    provide    for    'he    auditing    and    examination    of    claims 
against   the   state   of  soldiers  who    served   in   the   Indian 
wars    in    California. 
251      188      To    admit    idiots,    epileptics,    and   mentally    enfeebled   par- 
alytics   into    the    Home    for    the    Care    and    Training    of 
Feeble  Minded    Children.      Amended    1901:795. 
To    provide    for    the    organization    and    government    of    ir- 
rigation   districts.      Amended    1901:815. 
In    relation    to    elections    to    elect    boards    of    freeholders. 

Repealed    1899:63. 
To    form    agricultural    districts.      Amended    1901:304. 
To  establish   a   slate   lunacy   commission.      Amended   1899; 
160;     §     19,    art.    Ill,    repealed    1900:22.      Unconstitu- 
tional   as    to    method    of    commitment    (Matter    of    Lam- 
bert, 134  Cal.   626). 
334     228     To  provide  for  the  organization   and  government  of  drain- 
age    districts.      Amended     1901:554.      Repealed     1903: 
317. 
374     244      For   the    establishment    of    a   uniform    system    of   road   gov- 
ernment.     Repealed   by    Co.    Gov.    Act    (Davis   v.   Whid- 
den,    117    Cal.    618). 
388      245     To    create   the    office   of   Lake   Tahoe   wagon   road   commis- 
sioner.     Amended.      1899-236. 
394      254     To   provide    for   the   issue    and   sale   or   exchange   of   fund- 
ing  bonds    of   irrigation    districts.      Amended    1901:.514: 
§§   5   to   10  repealed   1901:514. 
404      258      For    the    protection    and    preservation    of   public    highways 

from    damage    by    storm   waters    and    floods. 
422      263     To    provide    for    the    purchase    of    additional    land    for   the 

Preston    School    of    Industry. 
424     266     To    provide    for    the    funding    and    refunding    of   indebted- 
ness   of    levee    and    protection    districts. 


251 

189 

288 

191 

304 

225 

311 

227 

COM  UT. 

P»Kr  <-h»p 

•      ! 
re     innuriii 

iraya. 


1809. 


9 

1 

m 

1  1 

1  l 

IS 

IT  18 

Uj.      ■><      the     k  pal     c 

BkVt    rUaa    to 

far    a*  »    n*w    mi 

the   *ale   of   proceai 

uiigMn     road 
ake    baain    '  ad. 

■  al 

. 

27         4 

46        4  the    flag    o( 

. 

63         B  ' 

■ 

■ 

.rd 

thr    atalc.      An 
T5         f. .  ■ 


129 

96 

143 

105 

146 

109 

148 

112 

STATUTES    REMAINING    IN    FORCE.  1547 

Page  Chap.  1899 — Continued. 

81        66      Providing     for     the     establishment     and     maintenance     of 

sewer    districts    adjacent    to    municipal    corporations. 
91        76      For    the    protection    of    horticulture.      Amended    1903:32. 
98        82     To     change    and    permanently    locate    the    boundary    line 
tut  ween    the    counties    of    Shasta    and    Plumas. 

102  86      To    abolish    fee*    paid    by    the    state    for    the    assessment, 

equalization,     auditing,     and    collection    of    ad    valorem 
taxes. 

103  88      Authorising    district    attorneys    to    bring    suits    to    abate 

nuisances. 
105        91      To    provide    for    the    disposal    of    moneys    raised    by    cities 
or    towns    for    public    improvement    after    the    same    has 
been    completed   and   paid    for. 
110        93      Requiring    the    payment    into    the    state    treasury    of    all 
moneys    belonging    to    the    state,    received    by    state    in- 
stitutions. 
To    protect    domestic    livestock    from    contagious    and    in- 
fectious diseases. 
Authorizing    the    secretary    of    state    to    appoint    an    addi- 
tional  cleric. 
Authorising    the   controller   to   appoint   an   expert. 
Providing    that    all    encampments    of    the    National    Guard 
shall  be  held  at  the   state  camp   of  instruction. 
149      114      Limiting   the   hours  of  daily   service  of  laborers   on   public 
works       Supplanted   by    1901:561. 

iding    for    the    maintenance    of     a    residence    for     the 
governor. 
Authorizing   the   insurance   of  all   property   of  the   Univer- 
sity  of   California   held   for  income   purposes. 

rizing    th~>    governor    to    order    the    transfer    to    the 
general   fund  of   any  money  that  may   be   in  other  funds 
of    the    state    treasury. 
Creatine:    a     commissioner    of    public    works.      Superseded 
by    1POO:20. 

yarding    organizations,    officers,    and     members    of     the 
National    Guard   who    entered   the   United    States   volun- 
teer service  in  the  Spanish-American  war.      See  Pol.  C. 
§§    1936,    1973a,   as  amended   1901:581,    585. 
166     131     Authorizing    the    governor    and    attorney-general    to    pur- 

1   for   the    state   certain    lands  in   Humbolit   Bay. 
171      136      To     pro\ide     foi     the     inspection     of    dairies,     factories     of 

dairy  products,  and  of  dairy  products. 
177      141      To  establish  a   state   normal   school  in   San  Francisco. 
183      150     To  promote   the   safety  of  employees  and  passengers  upon 
street   railroads. 

1900. 
20        12      Creating  a  commissioner  of  public  worka. 

1901. 

4  8      Granting   to   the    trustees    of    the    Leland    Stanford    Junior 

University    corporate   powers   and   privileges. 

4  9      Exempting    from    taxation    a    portion    of   the    property    held 

in  trust  for  the  benefit  of  the  Leland  Stanford  Junior 
University. 


150 

115 

152 

119 

156 

125 

157 

126 

158 

127 

m 

of   worVi 

rii. 
10        80      To  -  >ir!ous   diseases.      Ro- 

13         24      To  -oanty     Inspectors     of     apiarioa.      An- 

'         •  \-     iled    1903: 

'ln«M    for    mut 

.  a»  "The  local  improvement  act  of  1001." 
'  «    and   surc<»ry. 

1    .     | 

ra    in    aaw    milla, 

.    iiien. 
'.   the  easU-ro   boundary 

.    . 

1    ..'• 

by    members    Of 
*    of    the    Arat    claaa 

108         93  «    a    certif 

in    the    oHm   of    ' 


110  deal    and    nnattached    companies    of 

I    of   the    University   of 

111  it    tho    state    eoneornlnc    c- 

•hy. 

'    V.. no   Wi|oii    r 
t   of   commissioners   . •' 

■ 
296 

ella 

3M       139        »  aneo    of 


STATUTES    REMAINING    IN    FORCE. 


1549 


Page  chap.  1901 — Continued. 

299  140  Legalizing  t lie  establishment  of  high  schools  in  incor- 
porated cities. 

299  141  Regulating  the  practice  of  pharmacy  and  the  sale  of 
poisons. 

307  143  To  provide  a  continuous  appropriation  for  the  support 
and  maintenance   of   the   University   of   California. 

324  149  To  authorize  the  licensing  of  bicycles,  tricycles,  and  sim- 
ilar  vehicles. 

331  156  Declaring  upon  what  terms  contracts  for  furnishing  water 
for  irrigation   shall  be   valid. 

515  160  Authorizing  the  state  board  of  prison  directors  to  pur- 
chase   California-grown    hemp. 

51C  161  To  provide  for  the  appointment  of  a  board  of  Monterey 
custom  house    trustees. 

517  162  Providing  for  the  creation  and  management  of  the  Cali- 
fornia   redwood   park. 

535      164     To  divide   the   state   into   legislative   districts. 

548  165      To   divide   the   state   into   congressional   districts. 

549  166     To   change   and    permanently    locate   the  boundary  line  be- 

tween  ihe   counties  of  Butte  and   Plumas. 

552  167     To   execute   and   carry   into   effect   section   three   of   artiele 

twenty  of  the  constitution  of  the  state. 

553  168     To   prevent   tampering   with   animals. 

557  170  To  provide  for  the  establishment  and  maintenance  ol 
public   libraries. 

560  171     To    permanently    locate    the    boundary    line    between    th# 

counties   of   Shasta   and   Plumas. 

561  172      Limiting  the  daily  hours  of  labor  on  public  works. 

563  173      To    authorize     the    board    of    managers    of    the    Southern 

California    state    hospital   to    sell   a   strip   of   land. 

564  175     To    regulate    the    practice    of    dentistry.     Amended    1903 . 

322. 
573      179      Creating  the   office   of  matron  of   the  jail   in   cities   of   the 
first,    first   and   one  half,   second,   and  third  classes. 

575  180     Authorizing    the    trustees    of    the    stale    normal    school    av 

San  Jose  to  reconvey   to   that  city  a  strip  of  laud. 

576  182      To  establish  police   courts  in  cities  of  the  second  class. 
589      185      To    secure    to    native-born    and    naturalized    citizens    tht. 

exclusive  right  to  be  employed  in  the  public  service. 
589      186      Empowering    boards   of   supervisors   to    levy    a    special   taa 
for   the  purposes  of   displaying  products   and  industries 
of    any    county. 

600  193      To    establish    the    boundary    line    between    the    county    ot 

Humboldt   and   the   counties  of  Del  Norte  and  Siskiyou. 

601  195      Concerning  confirming  and  ratifying  leases  and  other  con 

tracts   made   by    officers   of   the   state. 

603      197     Relating   to  estrays. 

631  205  To  regulate  the  employment,  hours  jf  lahor,  etc,  of 
children. 

636  210  To  provide  for  the  maintenance  u°id  support  in  certain 
cases  of  indigent,  incompetent,  w.f1  incapacitated  per- 
sona. 


cointia. 

■  ad- 

*41      113 

644      81  >      To    rrrata   •    alaVa    board    i 
049      IM 

960 

Uttla    eon- 

rta    In 

•  ol    o(     fev»  ...     »rt 

«f     1 
7W4      336  /-onu- 

»n«l    tank* 
■      l»te   hoapital 

*.b»  atala   i..c*lt  d  mi  the  * 
gig  I    crnain    iu 

1    a    mudaru    hoayit- 


INDEX. 


ABANDONMENT,   children,   abandoned,  cure  of.   Act  1B22. 
Children,  of  what  constitutes,   Act  2r,:M. 
Children,  of,  punishment  of,  Act  1622. 
Children,  of:   Sec  Oiphan  Asylums. 

Irrigation  >lUtricts,  abandonment  of  operations  by,   Act  1721. 
ABORTION,    advertising  to   procure,   forbidden,   Act  1. 
AC  AD  KM  IKS.   Issuing  arms  and  accoutrements  to,   Acts  229,  230. 
Military,   issuing  arms  to.    Act  230. 

See   Military   Academy. 
ACCIDENT    INSURANCE    COMPANIES,    formation,    regulation,    pow- 
ers and  duties  of,   Act  1G64. 
ACCORD  AND  SATISFA«TK  )X.   discharge  of  whole  of  debt  on  pay- 
ment of  part.  Act  6. 
ACCOUNTS,   board  of  accountancy,   annual  report  of,   p.   3,   subd.  7. 
Board   of   accountancy,    appointment    and   qualification    of   mem- 
bers,  p.   2.    §   1. 
Board  of  accountancy,   appointments  from   whom   made,   p.   2,    § 

1. 
Board  of  accountancy,   certificates,   issuance,   revocation  and   re- 
newal of,   pp.   2,   3. 
Board   of  accountancy,    examinations  of  applicants,   pp.    2,   3, 
Board  of  accountancy,  expenses  of,  how  met,  p.  2,   §  2. 
Board   of  accountancy,    fees   that   may   be   charged  by,   pp.   2,   3, 

§   2. 
Board   of  accountancy,    number   of  members,    p.    2.    §   1. 
Board   of  accountancy,   oaths  of   members,   p.   2,    §   1. 
Board    of   B  '.    office    to   be   ai    San    Krancisco,    p.   2,    §    3. 

Board  of  accountancy,   powers  and  duties  of,  p.  2,   §  2. 
Board  of  accountancy,  surplus  of  receipts,  how  used,  p.  3,  suba. 

7. 
Board  of  accountancy,  terms  of  office,  p.  2.   §  1. 
Board  of  accountancy,   vacancies,  how  filled,  p.   2,   §  1. 
Board  of  accountancy,  who  may  apply  for  examination  and  cer- 
tificate,   p.   3,    §    3. 
Certified  public  accountant,   who  is,  p.   3,   §   3. 
Misdemeanor,  violation  of  act  creating  board  of  accountancy,  p. 

3,    §  4. 
Money   of  account,   Act  22S2. 
ACCOUTREMENT-    See  Arms. 

ACKNOWLEDGMENTS,    defective   acknowledgments   validated.     Acts 
1C-21. 
Manner  of  making.   Act  903. 

N.    M.   Bonham,  acknowledgments  by  legalized.   Act  ^s»*. 
Of  deeds  and  instruments  by  prisoner,   Act  2764. 
ACTION    IN    REM:    See    Establishment    of    Title. 
ACTIONS  acrainst  state  for  bounties  on  coyote  scalps  authorized,  Act 

Against  "stats  to  quiet  title  to  certain  land  authorized.  Act  3793. 
See  also  State. 
(1551) 


ADJUTANT    GEN  URAL— AGRICULTURE. 

ADJUTANT  GENERAL,    additional  clerka  for   revision  of   records  ol 

I  It    520. 
ADMINISTRATORS:   See   Public  Administrators. 
ADOPTION.   illegitimate  children,  adoption  of,   Act  M. 
Lion   of.    Act   2*3. 
of  orphan  asylums  may  consent  to,  Act  27. 
ADULT    BLIND,    Industrial    Home   of   Mechanical   Trades   for,   board 
'    »    1480. 
Industrial    Home   oi  |    Trades   for,    establishment   and 

•   it  of.   Acts 
TITRATION,  analyzing  foods  and  drugs  to  prevent.  Act  4«. 
Analyzing    mini  and    other    liquids   to    pro- 

nilneral    plants   to   prevent.    Act   40. 

,    Act  3799. 
Iluf  on  in   manufacture   and   sale   of,    Acts 

Cheese,   fraud   and   deception   in   manufacture  and   sale  of,   Acts 

Drugs,    adulteration   of,   forbidden.    Act  35. 

itlon  of  forbidden.   Acts  35,   36. 
'ion   of  prohibited,   Act  38. 
Imitation  or  adulti  rat<  d,  k 

I    disposal    of   prohibited.    Act   43. 
■  nd   punishment  of,   Act  39. 
ting    sale   of,    Act    41. 

'libited.    Act  42. 
d   Bale  of,   Act  44. 
Wi;  on  and  adulteration  of,  Act  44. 

ADULTERY,  punishment  of,   Act  49. 

•abilshment  of  Title. 
k    to    take   affidavits   of   pension   claimants 
without    fee.    Acts    829.    S64X 
AFFILIATED    0OLLEOB8,    appropriations    for    buildings    for,    Acts 

Paupers. 

to   agents   intrusted   with   goods.    Act  69. 
a  Is,   duties  und  liabilities  of,  Act  1036. 
.   fed  or  pastured,  Act  1947. 
A(IM  -.ine. 

E  GRANT,  governor  authorized  to  recon- 
B   part  of.   Act  2S46. 

AQRL  Viticulture. 

:"ion   of.    Act  CS. 
ion    of   districts,    p.    15,    5    *• 
ulturnl   <1  cities,    division   of   Into,    Act  68. 

Agr;  S,    on    formation    of    new    district, 

.    §   2. 
Agricultural    dlsf rlcta,    directors    where    several    counties    In    ono 

§   2. 
Agri  .   division  of  state  Into,   Act  68. 

Agrleultui  lr,    appropriations    of    several    districts 

15     5    2. 
Agricultural   district  uicts   may   associate   for  purpose 

.    J   2. 
Agricultural   districts,   formation  of,    Acts  69,   70. 


AGRICULTURE.  i.558 

Agricultural  districts,   number  of,  Act  68. 

Agricultural   districts,    management  and   control   of,   Act  70. 

Agricultural    societies,    appropriations    for.    Act   72. 

Agricultural  societies,   formation  of,   Act  66. 

Agricultural  societies,  powers  and  government  of,  Act  66. 

Assent  of  state  to  act  of  congress   applying  proceeds  of  public 
land   for  college,    Act  634. 

Associations,   annual  fair,   p.  17,    §   8,   p.  19. 

Associations,  annual  report  to  state  board  of  agriculture,  p.  17. 
§    9- 

Associations  are  state  Institutions,  p.  16,   §  8. 

Associations,   authority  of  district  board  over,   p.  19. 

Associations,   board,   classification   and  terms,   p.  16,   §  7. 

Associations,   board,   powers  and  duties  of,   p.   16,    §   8. 

Associations,   board,    president   of,    term  of  office,   p.   16,    5   6. 

Associations,   board,  qualification  and  organization  of,  p.  16,   §  6. 

Associations,   exhibitions,   p.  15,   §  3. 

Associations,  fiscal  year,  p.  16,   §  7. 

Associations,    formation   of,    p.    15,    §   3. 

Associations,  heretofore  formed  continued  in   force,   p.  16,    §  7. 

Associations,    issuance  of   stock  in   lieu   of  certificates   and   pro- 
cedure on,  p.  18,   §   11. 

Associations,  issuing  stock,  directors,  election  of,  p.  20. 

Associations,   issuing  stock,  effect  of  and  rights  on,  p.  18,   §11. 

Associations,    issuing   stock,    meetings   of  stockholders   and   elec- 
tion of  directors,  pp.   19,  20. 

Associations  issuing  stock   and  proceedings  on,   p.   18,    §   11. 

Associations,  new  governor  to  appoint  district  board,  p.  16,  §  8. 

Associations,  officers  of,  p.  15,   §  4. 

Associations,  officers  of,  terms  of  office,  p.  16,   §  7. 

Associations,   powers  and   liabilities  of,   p.  15,   §  3. 

Associations,  realty,  for  what  purposes  used,  p.  15,   §  8. 

Associations,    realty    necessary    for    permanent    use,    not    to    be 
sold,  p.  19. 

Associations,  sale  of  realty  by,  procedure  on,  p.  17,  §  10. 

Buildings,    erection   and   construction   of,   under  control  of  state 
a&ricultural  society,   Act  63. 

District  board,   classification  and  organization,   secretary  to  re- 
port to  state  board  and  governor,  p.  17,   §  9. 

District   board,    vacancies   in,   report  of  to   governor   and   filling 
of,  p.  17,   §  9. 

Encouragement   of,   Acts  71,   72. 

Equipment  of  fair  grounds  of  state  agricultural  society,   Act  63. 

Formation   of   corporations   for   direct   promotion   of,   Act   290. 

Fruit   trees,    better   protection    of,    Act   73. 

Gambling    prohibited   on   grounds   of   state    agricultural    society, 
Act  63. 

Investigation   of   cereal   crops  under  director   of  agricultural   ex- 
periment station  of  University,  Act  62. 
Investigation  of  tree  and  plant  diseases  and  pests  at  University, 

Act  4258. 
Johnson  grass,  prevention  of  propagation  of,  Act  74. 
Pear  blight  and  walnut  blight,  investigation  into  by  University, 

Act    1511. 
Protection  of,   Act  4304. 

Protection  of  in  particular  counties:  See  Particular  Title. 
Sale    of    fertilizers    and    manurial    materials,    regulation    of,    Act 

1157. 
Scwghum    halepense   or    Johnson    grass,    prevention    of    propaga- 
tion of,   Act  74. 
Gen.  Laws— 98 


15*4  AORICULTU1  TY. 

H  i  -.>i»ortv    by,    p.    11,    §5 

i,   incorpor. 

f.   Act  87. 
ultural    *  iy   authorized,    p.   8.    I 

■  ultural    ii  |  mperty,    commissioner,    ap- 

St.V. 

sale  of  pr  .'to   bo 

sale   of   pi  title    raasln*: 

■  tie,   In- 

■ 
v,   how   co 

iy,    procedure,    p.    8   et 

furniih    s<  rrctaxy    of   state    agricultural    society 

h     agricultural     experiment 

ALAMEDA   CI1  Act  8L 

'   80. 

s  83,  84. 

81. 

\'t  S3. 

•    u 
.-•  *    utlon    grauiiiig    I 
!    navigable,   Act 

1 

•'.    Act  90. 

ii  poll   tav 

:.   Act*  111,   1M>. 


ALAMEDA    COUNTY— ALIENS.  L356 

Growing   Umber   on   private   grounds,   destruction    of   prevented, 

Act  1.077. 
Hides  of  slaughtered  cattle,   keeping  of,   Act  182. 
Hunting  on  private  inclosed  grounds  in,  prevention  of,  Act  1577. 
Johnsnn'9   creek,   navigability  of,   Act  4360. 
Justice's  court,  executions  f.om,  Act  105. 
Licenses,   collection  of,  Act  107. 
Oakland:    See    Oakland. 
Officers,   fees  of,    regulation   of,    Act  106. 
Officers,  salaries  of,  Acts  89,  90. 
Recorder,   deputy,   salary  of,   Act  90. 
Recorder  of,    salary   of,    Act   90. 
Road   overseers,    compensation   of,   Acts  97,   98. 
Road  overseer  of  Brooklyn  road  district,   salary  of,  Act  98. 
San  Antonio  Creek,   drawbridge  across  authorized,   Act  3098. 
San   Antonio,    estuary   of,   supervisors   to   have   control  of   bridge 

across.   Art   101. 
San   Lcandro   Creek,   navigability  of,   Act  4360. 
School   moneys,   transfer  of  to  and  from  state  treasury,  Act  103. 
Sheriffs,   compensation   of,   Act  100. 
Sheriffs,   deputy,   salaries  of,   Acts  100,  101. 
Squirrel   nuisance,  abatement  of,  Act  112. 
Squirrels   in,    destruction   of,    Acts   111,   186. 
Stallions  prevented   from   running  at  large  in.  Act  1063. 
Superior  judges,  additional,  for,  Acts  94-96. 
Supervisors,  compensation  of,  Act  102> 
Thistle,    propagation   prevented   in,   Act  4104. 
Treasurer  of,   salary  of,   Act  90. 
Washington   township,    certain  creek  in   declared  navigable    Act 

ALAMEDA  CREEK  declared  navigable,   Act  117. 
Removal  of  obstructions  in,  Act  117. 

ALAMEDA,    OAKLAND   AND   PIEDMONT   RAILWAY,   certain  privi- 
leges granted  to,   Act  2511. 

ALDERMEN:    See   Supervisors. 

ALIENS,  Chinese,  licenses  not  to  issue  to,  Act  122. 

Chinese  prohibited   from   fishing,   Act  125. 

Citizens  only  to  be  employed  in  public  service,   Act  2543. 

Fishing  prohibited  by  aliens  incapable  of  becoming  electors, 
Act    123. 

Indexing  names  of  persons  declaring  intention  of  becoming  citi- 
zens,  Act  2434. 

Inheritance,  property  to  be  claimed  within  five  years,  Act  124. 

Inheritance,  right  of,   Act  124. 

Licenses  not  to  issue  to  aliens  not  eligible  to  become  electors. 
Act  122. 

Miners'   licenses  from   foreigners,   Act  1936. 

Miner's  license  not  to  issue  to  aliens  ineligible  to  become  citi- 
zens.   Act   1937. 

Names  of  persons  declaring  their  intention  to  become  citizens 
to  be  indexed,   Act  12  f. 

Naturalization,  no  fees  to  be  charged,  p.   321,   §  226. 

Naturalization,  prepayment  of  fees  not  necessary  in,  p.  320,  5 
221. 

Not  to  be  given  public  employment,   Act  127. 

Office,    aliens   not   to  be  appointed  to,   Act  126. 

Prohibited  from   fishing  in   waters   or   this   state,   Act  1320. 


ALMSHOUSES-  :.\TS. 

-t     7. 

P     981,   |  6. 
Sup:  Ii9e<iupntlv  with,   p.   MB, 

acquired,   duty   of  district  attor- 
.    J  3    6.    7. 

ALPI  .   Acts  255,  40C2. 

rs   of,    Act 
Ju;ors  in.  grand  nml  trial,   tax  for  payment  of,   Act  135. 
Officers  o 
Sheriffs 

from    running  at   large   In,    Act   1063. 

ling  time   for  selling  property   for,    Act 

■    131. 
g  of  animals  In,   Act  1071. 

ALTURAS,    D   rrU  bridge,   name  of  changed  to  Alturas,  Act  970. 

ALV1SO   CITY,    incorporation   of.   Act   111.  » 

I'Y,  hogs  ■  ^  at  large  In,  Act  141. 

AMAI  animals    of   another,    wounding   In,    punishment 

.   Acts  255,  4063. 

^s,    division.   In.    Act    I 

I  Of,   Act  1593. 
Act    1183. 
•    Of, 

I  la  I,  Act  15S. 

id   of,   Act 
151. 

then   open,    A ••'    ' 
j    county    of    Interest    on    Indebtedness. 

Plymouth,    bogs  anJ   goats  prevented  from  running  at   large  In, 
Act 

location,   construction  and   maintenance  of.    Act 

rized    to    declare    certain    road    a    toll 

Ing  at  large   in,   Act  1063. 

Sut;  hog*  running  at  large  In,   prevention 

of.   Act   1 

o  levy,   Act 
Toll  road.  ;      declare  part  of  certain  road 

a  toll  road 

NTS,  arOcli  s  of  Inenr. 

Act  1014. 
To   i 


AMERICAN     FLAG— ANIMALS.  Ii57 

AMERICAN  FLAG,   desecration  of  probibitc-d,.  Act  1198. 
AMERICAN  FORK,  navigability  of,   Act  4358. 

AMERICAN    RIVER,    flsh    commissioners    authorized    to    remove    ob- 
structions  in,   Act  1303. 

AMERICAN  WATER  AND  MINING  COMPANY  authorized  to  extend 
its  works,  Act  163.      - 

AMUSEMENTS:    See   Theaters. 

ANAHEIM,   incorporation  of,  Act  168. 

Incorporation   of,    legalizing,   Act  1C9. 

ANALYST,    STATE:    See   State   Analyst. 

ANATOMY,   study  of,   act   providing  for,    Act  174. 

Surrender  of  dead  bodies  for  dissection,  Act  937. 
Promotion  of  study  of,  Act  937. 

ANIMALS-:   See  Fish,   Game. 
Assessment  of.   Act  4052 
Assessment   of   migratory   herds   and   distribution   of   taxes     Act 

4053. 
At  large  in  particular  county  or  town:   See  Particular  Title. 
Bounties  for  destruction  of  wild  animals,   Act  1S9. 
Bounties  on  coyote  scalps,   Act   403. 
Bounties  in   coyote  scalps,  actions  against  state  for  authorized 

Act  3792. 
Branding  of  calves  in  certain  counties,   Act  183. 
Cattle,   hides   of   slaughtered,   inspection   of,   Act  184. 
Cattle,  hides  of  slaughtered  cattle,  preservation  of.  Acts  182    183 

184. 
Combinations   to   obstruct   sale   of  live  stock,   prevention  of    At 

191. 
Contagious    diseases,    prevention    of    spread    of    amongst    stock 

Act  877. 
County  livestock  inspector,  qualifications,   Act  837,   §   54. 
Coyote  scalps,  bounty  on,   Act  851. 
Cruelty  to  animals,  prevention  of,  Acts  869-871. 
Destruction  of,  power  of  supervisors,  p.  132,  subd.  26. 
Disease,   burial  or  cremation  of  animal  dying  from,   Act  178. 
Diseased,   carrying  of,   when   a  misdenu  anor,   Act  178. 
Diseases,   contagious  and  infectious,  prevention  of  amongst  ani- 
mals,   Acts   178,    179,    180. 
Diseased,  duty  towards  and  punishment  for  violation  of.  Act  178. 
Dogs:   See  Dogs. 

Drugs   or   poisons,    administering  to,   Act  192. 
Estray  animals,   Acts  1060  et  seq. 

Estrays,   care  required   of  taker  up  and   liability  of,   p.   397,    §   8. 
Estrays,   demand  by  owner  and  tender  of  expenses,   pp.   395    396 

§§   3.   4. 
Estrays,    law    relating    to    does    not    affect   impounding    laws    In 

city,  p.   397,   §   9. 
Estrays,   lien   for  keeping,   p.   394,   §   1. 
Estrays,   may  be  taken  up,  p.   394,    §   1. 

Estrays,    notice  of,   taking  up,   filing  with   recorder,  p.    394,    §   2. 
Estrays,    owner    not   appearing   or   paying   charges,    proceedings, 

p.   396,-   §    5. 
Estrays,  repeal  of  acts  relating  to,  Act  1073. 


1558  ANIMALS— ANNTITTRS. 

Kstrays.  sale  of  and  disposition  of  proceeds,  pp.  896.   397.   §§  6-7. 
Ooii'  .its. 

mining  at  large,  prevention  of.  Act  1367. 

. 
rs  in   particular  oountlea:  ular  Title. 

I   of   slaue'  tie,    inspection   of,    Art   1*4. 

!   cattle,   preservation   of,   Acts  is?,   isrt,   1X4. 
!    from   running  at  large  on    townsltis 

Hoi  Be<    Homing  pigeons. 

Hunting   on   private  grounds  In   certain   counties,    pnventlon   of. 

Act 
Inju-  tips  and  vegetables,  prevention  of  Introduc- 

tion of  Into  state.    Act  1617. 
Vaelca,    limits    for    V  \ct   3749. 

'    •    17(1 
Liens  of  owner  stallions  or  jacks  used  for  propaga- 

tion 

1     r '    Act  W47. 

LI  veal 

•y  of  and   how   paid.    Act   837,    5   5514. 
*T7,    5    55'4. 
Mlt" 
Ordinances  to  preset  a  of  enforcement,   piv- 

Ord '■•  "f  stock,  supervisors  may  adopt, 

'  ir  Title. 
102. 
iltry. 

■  if,  p    129,   Mind.  14. 
\ 
=  t|c    animals    txi  '     ■■<]    districts, 

R.  r .  ■-rtaln   counties,    Act  183. 

i!ar  Title. 
limits   for 
Ions    running   nt    large    in    Mono   county,    prevention   of,    Act 

Stallions. 

n  of  office  of.  Act  ISO. 

aIs    upon  ..    prevention    of, 

Act    i 
rlnary   eui  rlnary   Surgery. 

I,   bounty  1  authorized   to  fix.   Act 

ndlng  anln  punishment  of,   Act  1693. 

mpanlea,    formation,    regulation, 
povi  era  a 

v,  itlt-lrawal  of  contrib- 
utor.   Act 


ANNULMENT— ARCHITECTURE.  15o3 

ANNULMENT,  protection  district  for  uon-user.  Act  28u3. 
Reclamation  distiict  for  non-user,   Act  2803. 

ANTIOCH,  boundaries  of,  Act  197. 
Incorporation  of,   Act  19.7. 

ANTONIO  CREEK  declared  navigable,  Act  202. 

ANTWERP    MESSENGERS:    See   Homing   Pigeons. 

APIARIES:   See   Bee  Culture. 

APOTHECARIES:    See    Pharmacy. 

APPEALS    from   orders    relating   to   reclamation   of   swamp   land   dis- 
tricts.  Act  297fi. 

APPRENTICES,    act   relative    to    apprentices    and    masters,    Acts    212, 
213. 
Binding  minors  as  clerks  or  servants,   Acts  212,   213. 
Orphan   asvlums,    managers    of   authorized   to   bind   children   as. 
Act  214.  • 

APPROPRIATIONS,    ftm    class    cities,    appropriation    bills,    p.    661,    § 
61. 

ARBITRATION,   STATE   BOARD  OF,   application,  p.   32,    §  2. 
Appointment  of  members,   p.   32,    §   1. 
Appropriation  for  expenses  of,  p.  33,  §  7. 
Chairman,   p.   32,    §   1. 

Compensation  and  expenses  of,   p.   33,    §   6. 
Complaints  and  grievances  and  investigation  of,  p.  33,  §  5. 
Contract   agar.st    strike    or    lockout    and    proceedings    on    viola- 
tion,  p.   33,    §    3. 
Decision,   how  long  binding,   p.   33,    §   4. 

Decision,   notice   that   party   will   not   be  bound  by,   p.   33,    §   4. 
Decision,  within  what  time  to  be  decided,,  p-.  33,   §   3. 
Duties,   p.  32,    §   2. 
Hearing,   notice  of,   p.   33,    §   3. 
Hearing  and  decision,   pp.  32,   33,    §§   2,  3,  4. 
Oaths   of   members,   p.   32,    §    1. 
Procedure  and  rules,   p.   32,    §  1. 

Proceedings   where   parties   do   not   agree   upon,    p.    32,    §   L 
Qualifications  of  members,  p.  32,   §  1. 

Refusal  to  submit  to,  selection  of  new  board,  p.  32,   §  1 
Term  of  office,  p.  32,   §  1. 
Vacancies  in,  filling,  p.  32,   §  1. 

ARCATA,    incorporation   of,    Act   4209. 

Union,  name  changed   to  Areata,   Act  4209. 

ARCHITECTURE,  certificate,  fees  for  recording,  p.  37,   §  4. 

Certificate,    cancellation    of   for   non-payment   of    license    fee,    p.- 

39,    §    7. 
Certificate,   new,   issuance  of  after  revocation,   p.   38. 
Certificate,    practicing   without,    penalty,    p.    37,    §    5. 
Certificate,   revocation,   of,   pp.  37,   38,   §§   4,   5. 
Certificate,    temporary,    issuing   to   non-resident   architect,   p.    &8. 
Certificate  to  be  recorded,  p.  37,  §  4. 
Certificate  to  practice,  issuance  of,   p.  36. 


16C0  ARCHITECTURE— ARREST. 

Certificate   without  passing  examination   when   granted,   p.   37,    § 

'  ice  of  meeting,  p.   36. 

h    ut.    when,    p.    38,    }    4. 
',    p.  -SC. 

I   places  of  holding,  p.  36. 
p.   86. 

5   7. 
37,    S   4. 
'to  Issued  to  non-resident,  p.  38. 
5  7. 

'  -mporary  certificate,   p.   38. 
Non  neate,  to,   p.   IS. 

loy,   p.   38. 
N  or  I  •  |  1 . 

aitecta  for  contract,   Act  2896,    }   2. 

I   1. 

'    of,    p.    34,    §    1. 

net   without,   p.   34,   {  I. 
p.   34,    9   1. 

urn,    p.   .'!6. 
5   1. 

I'.   35,    S   8. 
1  r.  ra  of,  | 

■  [.ointment  and  term  of  office,  p.  35,    § 

Statr    board,    organization   and    appointment   of   officers,    pp.    85, 

ion,  p.  35,    S  3. 
I     34,    §  1. 
^ulations,   pp.  35,   36,   §   3. 
i   3. 

.   §  3. 
■    5  1. 
§   1. 

ent,   duties   and   salary   of,   Act  1779 

ARMOR? : 

Military    Academy. 

230. 
>d    ammunition    to    Indians    forbidden,    Act 

\K\1Y    ANli   NAVY.   See   National  Cuard;   Soldiers  and   Sailors;   Vet- 
ju,  1   for  military  purposes  ceded   to 

lands   required   for  military 
gold  Ot   w»r   of  rebellion   preferred    In 

Tltli  •      ,u '^   'or  military  purposes 

Unlawful  !    Army  of  the  Republic,  pre- 

ARRK8T,  i  a<  apt    oi  :         ''■'■•   §5  95-»v. 

rs  authorized   to  pay  i  '.  Act 

I;,  i,   .    of  persons   h  on,   civil   prooi  la,    A.-t   236. 


ARROYO     DEL     MEDO— ASSOCIATIONS.  1561 

ARROYO  DEL  MEDO  declared  navigable,   Act  240. 

ARROYO  DEL  SAN  ANTONIO  declared  navigable,  Act  1798. 

ARTESIAN   WELLS   defined,   p.    40,    §   3. 

Misdemeanor,  permitting  waste  of  water,  p.  40,   §§  1,  2. 

Misdemeanor,   fine   and  costs,   p.   41,    §  5. 

Misdemeanor,   proceedings  for  and  punishment  of,  p.   41,   §  5. 

Nuisance,  artesian  well  not  capped  is,  p.  40,    §  1. 

Particular  counties  in:    See   Particular  Title. 

Regulation  of  use  of.    Act  435G. 

Roadmasters,   duty  of  on  complaint,   p.  41,   §  6. 

Supervisors,   duty  of  on   complaint,   p.   41,    §    6. 

To  be  capped  so  as  to  prevent  flow  of  water,  p.  40,  §  1. 

Waste   defined,   p.    41,    §   5. 

Waste  from,   permitting  a  misdemeanor,  p.  40,   §  1. 

ART   GALLERIES,    assumption   of  control   by  trustees,   Act  4164. 

Gifts   and   donations   to,    encouragement  and   protection   of,    Acta 

4162,    41G3. 
Relinquishment  of  rights  in  by  founder  or  wife,  Act  4164. 
Trusts  for  benefit  of,  creation  of,  Acts  4162,  4163. 
Trusts   for   benefit  of,   determination   of  validity  authorized,    Act 

41G5. 

ASSAULT,    assault   upon    certain   federal  and   state   officials,    punish- 
'     ment  of,   Act  893. 
Caustic    or   corrosive    liquids,   assault   with,    punishment   of,    Act 
250. 

ASSEMBLY,    assembly    districts,    Acts  1905-1909. 

ASSESSMENT    ROLL,    restoration    of,    Act    3016a. 

ASSESSMENTS:    See    Irrigation    Districts;    Levee    Districts;    Streets; 
Taxation. 

Reclamation   districts  in,   equalization  of,   Act  2972. 

Reclamation  district  No.  108,  Yolo  County,  warrants  and  as- 
sessments  to   bear   interest,    Act  2956. 

Reclamation  districts  Sacramento  County,  delinquent  assess- 
ments,  collection  of.  Act  296S. 

See  Reclamation  Districts. 

Swamp  land  district  No.  118,  Contra  Costa  County,  assessment 
in,    Act    2958. 

ASSESSOR:  S«e  Taxation. 

ASSIGNEES,  corporations  authorized  to  act  as,   Act  1055. 

Corporation  acting  as,   rights   and   duties  of,   Act  1055. 

Bonds,  deposit  of  money  or  "assets  with  corporation  and  reduc- 
tion  of  bonds,   Act  1055. 

Corporations  as,   and   powers  and  duties  of,   Act  770. 

Deposit  of  moneys  or  assets  with  corporation  and  reduction  o£ 
bonds,   Act  1055. 

ASSIGNMENTS.    Assignee,    bond   of,    chargeable   against   estate    Act 
368. 

ASSIGNMENT  OF  CONTRACTS,  bonds,  due  bills,  etc.,  made  assign- 
able, Act  260. 
ASSOCIATIONS'.   See    Unincorporated   Associations. 


AS  LUTORS. 

b   and    Blind    Asylum;    Orphan    Asylums. 
Sheriff,    •  oarrvlng    insane    persons    to.    Act 

State  hospital   (or   miners.   Act 

ATTACHMENTS  «elzed    on    attachment    or 

p    318. 
v  of  building  and  loan  association   In   llqul- 

i  ■*   against,    effect   on   executions  or,    p. 

60. 

I 

•  <s   nnd   counties   over 

'  s  and   other   charges   In,    abolition   or. 

murt.    Act   1C13. 

1    San    Kran- 

-     p     146,    $   66. 

■•-. 
■   of  first  .n*   of  attorneys, 

in  cities  of  first  class 
P.  I 

ATT  irlstion    to    purchase    law    books.    Act 

',    Act  263. 

V-t   266. 
mod   of  delinquent   taxes   1* 
• 

.   p.    106C,   §   11. 

s,    Act  266. 

^••<J-.  I  10. 

\  HMtarj     iiod    to    du 

AUDI  no. 

Cleaning  of,    p.    r.?r,,    $ 

'■  p     696     fi 

00    '    y     lion     Of.     L 

rs  and  duties  of 

■      it  ion    to,    p.    639.    J    98. 
unties  and  salaries  o( 

;   nlshlng   t"  n,    p.    137     }   36. 

i    n    of    In    counties   of    fifth    clas« 

17. 

:  i  ties. 


AUDITORS     BANK    COMMISSIONERS.  13B3 

Statement  of  indebtedness  and  property,  preparing  for  euper- 
vlsors,  p.  142,   §  50. 

Statements  of   to  supervisors,   p.   137,    §   36. 

Swamp  land  funds  paid  into  county  treasuries,  duties  of  audi- 
tor,  Controller   and   treasurers,   Acts  1280,   1920. 

AUTOMOBILES,    franchises    for    paths    and    roads    for    bicycles    and 
horseless   vehicles,    Act   1464. 

See  Motor  Vehicles. 

BAILMENTS:    See    Pawnbrokers;    Warehouses. 

BAKING,   forbidden  between  6  P.   M.   Saturday  and  6  P.   M.   Sunday. 
Act   3951. 

BALL,    ROBERT  C,   authorized   to   sue   state,   Act  3788. 

BALLAST,   throwing  overboard   of  ballast  prevented,   Act  4354. 

BANK  COMMISSIONERS,   actions  to  recover  moneys  due,   pp.  52,  53. 

§§    15,    18. 
Appointment    of,    p.    45,    §    1. 
Backs,    acting    as    executor,    etc.,    capital    stock    to    be    paid    in, 

amount    p.    54a,     §    26. 
Bank  commissioners'  fund,  p.   52,    §    15. 
Banks    to    contribute    ratably    to    pay    salaries    and    expenses    of, 

p.    52,    §    15. 
Bond,   p.   45,    §   2. 

Books  of  record  to   be  kept  by,  p.  53,   §   16. 
Books  of  record  open  to  inspection,  p.  53,   §   16. 
Cash  to  be  kept  on  band,   p.    54a.    §   24. 

Copies  of  papers  to  be   furnished  without  charge,   p.   52,    §   15. 
Creation   of   board   of:    p.    45,    §    1. 
Discount  on  capital  stock  forbidden,  p.  54,   §  23. 
Duties,  general,   enumtrated,  p.  40,   §  3. 
Examination  of  officers  of  banks,   p.   46,   §   5. 
Examining  banks  and   making   report,   p.   4G,    §   4. 
Expenditures,   how  audited  and  paid,   p.   52,    §   13. 
Expiration    of   term,    delivery   of   property   and   papers   after,    p. 

52,    §   19. 
Governor  to   appoint,   p.   45,    §    1. 
Insolvent  bank,   commissioner  neglecting  to  report,   punishment, 

p.   47,    §    6. 
Legal   successors  of  previous   commission,   p.   54,    §   22. 
License,  failure  to  procure,   punithment  of,  p.   47,   §   7. 
License  not  issued  to  what  corporations,  p.  54,   §   21. 
License  to  be  procured   from   by  banks,   p.   47,    §   7. 
Loan  on  capital   stock  forbidden,   p.   54,   §   23. 
Misdemeanor,   neglecting   to  report   insolvent  bank,    p.   47,    §   6. 
Misdemeanor,    officer   refusing  to  appear  and   testify,   p.   46,    §   5. 
Moneys  collected  to  be  paid  to  state  treasury,  p.  52,   §  15. 
Moneys  due  may  be  recovered   by,   pp.   52,   53,    §§   15,  13. 
Not  to  be  interested   in  banks,   p.   45,    §   1. 
Not  to  engage  in  other  business,  p.  51,    §  11. 
Number  of,  p.  45,  §  1. 
Office  hours,   p.   52,   §  13. 
Offices,   stationery,    furl,    etc.,   p.   52,    §    13. 
Pretending    to    do    banking   business    by    institution    not   subject 

to,  punishment  of,  p.   54,    §   21. 
Private  banks,   report   of  to,   p.   53,    §   20. 


1-CI  •  HANKS. 

Quallflcal;  §   1. 

I    nf   art   cv  at ! nrr.    Act    tX. 

I       *'•>.     I    9. 

private   bunk*,    tn.    p.    69,    §    20. 
5   8. 

5   14. 
■  be  kept  on  flle,  p.  52,   § 
P     SI,    5    11. 

if,    p     T.2,    §    13. 
-alary   of,   p.   52.    §    13. 
Snl'  |    17. 

5  1. 
1  5  11. 

I  lUtlM     of.     p.     50. 

I        ''.o   bank,    liquidation   of,   powers  and   Outlet   of  rnmm1«"!nn- 

<»  banks,  proceedings  nKainst,   p.   49,   5   10. 
Dnsafe    1  t,    duty    of    attorney-general, 

Uns:i  ■,    effect    on    attachments    or 

50, 
I  dings   against,    powar   to    hire    attorney,    p. 

■"I.    | 

•r  tor,   appointment  of,   p.  50. 
bank,    r  band    <>f,    p.    50. 

-.    filing,   p.    45,    5    1 
"^* i ^ i t  i '  rtiti^  on   banks,   p.    40,   {   4. 

Witi  BJ,    5    17. 

"  not  to  be  used  where  not  subject  to 
f-  21. 

Insolvency  1054. 

ilvent   debtors.   acts   f.  bj   281-288. 

hanks,    bank 

Uions   prohibited    from 

■ 
Its  and   trust  c.  ,s  against.  Act  3877. 

Capital   stock.    lojinltiK  or   discounting,    §   54,    §    L'3. 

'.i,    §   .'I. 
Ccrtifl.  .!'■  i)    on, 

A.  t 

rJbtttion    tn    pay   salaries  and  expenses  of  bank   cornmlsion- 

rorbidd   0,    Act  2284 

med,    put  b  as  to.   Acts  2'.' 

1  .    id   by    bank 

banking  corporations,  Act  - 

at  of,  p.  47,  §  7. 
5    21. 
rom   bunk   i  §  7, 

-  ndlng    i"    •!  ■    bankin  not    subject 

! 

.    p.    53,    {    20. 
5   S. 

Barings  banks,  collection  ol       ,  y  next  of  kin,  a 


BANKS— BIG   OAK  FLAT,   TURNPIKE   ROAD.  1565 

Savings  banks,  deposits,  unclaimed,  publication  of  statements 
as   to,    Acts   232,   293. 

Savings  banks,  dissolution  and  winding  up  of  and  disposition 
of   funds,    Act    294. 

Savings    corporation,    formation    of,    Acts    28S-290. 

Statements   of  unclaimed   deposits,   publication  of,   Acts   292,   293. 

Statements,   sworn,   publication   of,   Acts  291-293. 

Unsafe  bank,  liquidation  of,  powers  and  duties  of  commis- 
sioners,   p.    51,    §    10. 

Unsafe,    proceedings   against   by   commissioners,    p.    49,    §    10. 

Unsafe  bank,  proceedings  against,  duty  of  attorney-general, 
pp.    49   et   seq.,    §    10. 

Unsafe  banks,  proceedings  against,  effect  on  attachments  or 
executions,    p.    50. 

Unsafe  bank,  proceedings  against,  power  to  hire  attorney,  p. 
61,    §    10. 

Unsafe    bank,    receiver  for,   appointment  of,   p.   50. 

Unsafe  banks,  receiver  for,  bond  of,  p.  50. 

Unsafe   banks,    receivers  for,   duties  of,   p.   50. 

Word  "bank"  or  "savings"  not  to  be  used  by  what  Institu- 
tions,   p.    54,    §    21. 

BARBERS,   regulation  of  the  practice  of  barbering,   Act  301. 

BATTALION:   See  Naval  Battalion. 

BEACONS,    mooring  to   buoys   or  beacons   prevented,   Act  4354. 
Protection  of,   Acts  435,   2445. 

BEE  CULTURE,  inspectors  of  apiaries,  supervisors  authorized  to 
appoint,    Acts   306,    307. 

Inspectors  of  apiaries,  compensation,  duties  and  powers  of, 
Acts    306,    307. 

San  Bernardino  County,  regulation  and  protection  of  bee-keep- 
ing,    Act    3115. 

BENEFIT   SOCIETIES,   authorized  to  incorporate,   Act  3005. 

Mutual  benefit  and  relief  associations,   act  relating  to,   Act  312. 

BENEVOLENT  CORPORATIONS,  formation  of  corporations  for  ben- 
evolent purposes,   Acts  317,  318,   319. 

BENICIA,    assessor   of,    election   of,    Act-  326. 
City  marshal   of,    election  of,    Act  326. 
Government  of,   Act  327. 

Incorporation   of  under  municipal  corporation   bill,   Act  &£l. 
Titles  in,  settlement  of,   Act  324. 
Treasurer   of,    Act   326. 
Waterfront  of  city  ceded  to.  Act  325. 

BERKELEY,    incorporation   of,    Act  332. 

Justices'   court  for,   creation^  of,   Act  333. 
BERKELEY     HORSE     RAILWAY     CO.,     resolution     of     supervisors 
granting    certain    rights    to,    ratified,    Act   108. 

BICYCLES,    licenses    on.    Act    1942. 

Licensing  of  authorized,   Act  2345. 

Franchises  for  paths  or  roads  for,   Acts  1234,  1464. 

BIGLER:    See   Lake   Bigler. 

BIG  OAK  FLAT  ROAD,  appropriation  to  purchase,  Act  1452. 

BIG  OAK  FLAT   AND   YOSEMITE   TURNPIKE   ROAD,   purchase  of, 

Act   4468. 


1S66  BIG    RIVER    1  -BONDS. 

BIG    RIVER    TOWNSHIP,    Mendocino    County,    purchase    and    con- 

'. 

BIG  TREE  GROVE,   management  of.   Act  339. 
cction   of.    Act   1 
Protection    of   big   trees   in    Fresno,    Tulare   and    Kern    counties, 
Act  338 

BILLS   AND    N  3,   act  relating  to  bills  of  exchange  and   promis- 

sory   nuirs,    Act  344. 

BIRDS:    See  Game. 

BIRTHS,  record  of  in  cities  of  first  class,  pp.  740,  741,   J§  183,  184. 

BLIND:   See  Adult  Blind. 

BLIND  ASYLUM:  See  Deaf,  Dumb  and  Blind  Asylum. 

I  LI  printing,    binding,    publishing   and    distri- 

bution  oi,   Act 

BLUE  CRANES,  capture  and  destruction  of  prevent' d.    Act  1316. 

B'N'AI    B'RITH,   corporate  powers  conferred  on  order  of.   Act  354. 

BOARD    OF    ACCOUNTANCY:     See   Accounts. 

BOARD   OF  COMMISSIONERS,   state,   to   issue  bonds  to  pay  funded 
on    of,    Act    381. 
Particular    commission:    See    Particular    Title. 

i   OF   EQUALIZATION:    See   Taxation. 

BOARD  OF  EXAMINERS,   appropriation   for  purchase  and  protection 
of  toi  ontrol,  Act  1217. 

Duties  of.   Act 

Furnishing   board,   is,   :*or  state  officers  and  legislators,   Act  359. 
M  ds,   to   Invest   in   county  bonds,   Act  360. 

Old    furniture    ami    material,    authorized    to    sell,    Act    361. 

rs.   and    legislators,    to   furnish,    Act   359. 

:S,    elections   for,    Act  367. 

!.'    OF    HEALTH:  S.  e    Public   Health. 

BOARD    OF    MEDICAL    EXAMINERS,    reproduction    of    register    of. 
Act   : 

of    records    of,    Act    2162. 

BOARD   OF  PHARMACY,   reproduction   of  register  of,   Act  3016. 
,    i    of    records    of,    Act 

BOARD    OF    TRADE,    acknowledgments   by   validated.    Act   19. 
Formation    of,    Act    . 

BOLINAS   BAY,   destruction  of  fish  in  prevented,   Act  1324. 

BONUS,   assignability  of,   Act  260. 

hall,   bonds  for   construction   of.    Issuance,   Act  2378. 
Assembly    hi  lie,    bonds  for,    sale  and   payment.   Act  2372. 
1  ,  -    to    invest    moneys    from    school    lands    In 

county   bonds,    A   i 
Bond  '1  s,    counties    authorzied    to    create,    Acts    871, 

373 
Cities  oi    first  class,   bonds  of  officers,  p.   648,   5   24. 
Cities  of  second  class,  officers  of,   bonds  of,  p.  772,   I  80S. 


BONDS.  •  1567 

Cities  of  second  class,   officers  not  to  be  sureties,  p.  772,    §   304. 
Cities   of   second    class,    bonded    indebtedness,    how    paid,    p.    7S2, 

§    331. 
Cities    of   third    c'.ass,    bonds    of    officers    of.    p.    806,    §    504. 
Cities  of  third  class,   taxes   in  case  of,  p.   818,    §   534. 
Cities  of  fourth   class,   bonds  of  officers   of,   pp.  830,  831,  -  §  §   605,- 

606. 
Cities    of   fifth    class,    bonds    of   officers    of,    p.    S68,    §    753. 
Cities  of  sixth   class,   bonds  of  officers  of,  p.  896,   §   853. 
Compromise  of  bonded   indebtedness  by  city,   Act  3S6. 
Consent   to   judgment  by   city   in    favor     of    holders     of    bonds, 

Act    386. 
Consolidation   of  offices,   bond   of  officers   on,    Act  837,    §   55. 
Counties    authorized    to    create    bonded    indebtedness,    Acts    371, 

373. 
Countv     indebtedness,     refunding     and     issuing    bonds,    p.    125, 

Eubd.    13. 
Declaring  all  bonded  indebtedness  due  at  once  by  city.   Act  386. 
Deposit   of  moneys   or  assets  with  corporation  and  reduction   of 

bends,    Act   1055. 
Destruction  of  municipal  bonds  executed  and  remaining  unsold. 

Act  385. 
Election  by  counties  on  question  of  issuing  bonds  for  debts  not 

authorized,    Act   384. 
Election    on    question    of    issuing    bonds    by    cities    for    expenses 

of  year  1883,    Act  383. 
Failure   to  provide   for  payment  of  bonds  or  interest,   p.   128. 
Ferry   and    passenger    depot    of    San    Francisco,    bonds    for    con- 
structing   and     furnishing,     Act    1426. 
Form   of   county,    p.    127. 
Form,    may   be   issued    as   coupon   or   registered   bonds,    Act   387, 

§    2. 
Funding   of   county   indebtedness,    Acts   360,    370,    373. 
Improvements   by   city,    character   and    form   of   bonds,   pp.    1063, 

1064,    §§    6,    7. 
Improvements   by   city,    for,    interest   on,    p.    1064,    §   7. 
Improvements   by   city,    issuance   of   bonds   for,    §    2371. 
Improvements    by    city,    sale    of    bonds    and    application    of    pro- 
ceeds,   p.    1063,    §    6. 
Improvements  by  city,   for,   tax  levy,  p.   1064,    §   8. 
Improvements  by  city,   limit  on  amount,   Act  2371,    §   4;   p.   1063, 

§    5. 
Improvements,    city,    sale   and   payment   of,    Act   2371. 
Interest  on   state  bonds   held   in   trust  for  university   and  school 

funds,    payment    of.    Act   374. 
Irrigation:  See    Irrigation. 
Levee    districts:  See    Levee    Districts. 
Officers,   of  certain,   p.   146,    §    66. 

Officers    of    particular    county:    See    Particular    Title. 
Official   approval   of,   p.    146,    §    66. 
Official,   justification   of  sureties,   p.  146,    §   66. 
Official,   liability  of  sureties  on,   p.   145,    §   62. 
Official,    premium,    payment    of    by    state,    county    or    city,    Acts 

379,    2544. 
Official,    recording  and   filing   of,    p.    146,    §    66. 
Official,    suits  on,   Act  378. 
Official,    surety  corporations  allowed   to   act   as   so'e   surety,    Act 

377. 
Particular    counties,    bonds    of:  See    Particular    Title. 


1568  BOXPS-roCRN,    A.   J. 

■  vers,    assignees,     trustees,     guardians,    and    executors,     of, 

chargeable    against    I  368. 

Reclamation    districts,    of:  See    Reclamation    Districts. 
Refunding   bonde.    ft  \2l. 

Ri-funding   ban  :  ■••,    sale   and    redemption    of,    Act   3S2. 

Refunding    of    debt    in    cities    other    than    first   class,    authorized. 

Refunding,    supervisors    authorized    to    refund,    Acts   362,    3961. 

ruling   indebtedness  and  issuing  of  bonds,   p.    125,    subd.   13. 
Registry,   may  be  issued  .  1  or  coupon  bonds,   Act  387, 

ry  of  municipal  bonds.  Act  387,   S   L 
Registry  of  mill  >f  and  rights  of  holder,  Act 

387,    9    1. 
Registry  of  municipal  bonds,   form  of.  Act  887,   §  L 
Sanitary   districts,    of:  See    Sanitary    Districts. 

!'O0lS. 

School,    registration   of.  Act  3536. 

..all    In    9«J  .    state   bonds    for,   submission   of  pro- 
t    376. 

State,   beard   i  I  mere  to  Issue  bends  to  pay  funded  In- 

det'  Act   381. 
State   oanitol, 

State,    redemption    and  payment    of    funded    Indebtedness,    Acts 

; 

tent  bonds,    system   of.    Act 
bonds,   Act 
Submitting    to    qualified    electors    proposed    Issue   of    bonds,    Act 

\Y  re  of   bonds   by    cities   to   protect   from    overflow, 

A.(      ! 

bonds    to    protect   cities    from    overflow,    sale    and    pay- 
mint. 

KS.    mining    corporation    of,    are   open    to    Inspection,    Act   2239. 
Particular   offlc  rs,    of:    See   Particular   Title. 

DOOMS,     franchises      for    constructing,      supervisors      authorized      to 
grant.   Act   392. 
rvisors   authorized    to   permit   building,    An   4362. 

BOULEVARD,    cities    and    cities   and    counties   authorized    to    acquire 
and    maintain,    Act    - 

BOUNDARIES,    city,   altering,    Act   2374. 

County  -     See    County    Boundaries. 

Irrigation    districts,   of.    change   of,    Ad    1719. 
Markings   of   g  vernmenl    surveys,    perpetuation    of,    Act   3993. 
Municipal   corporations,    change   of, 

State,    correction,    defining   and  establishment  of  eastern    bound- 
B,    Acts   397,   398. 

\TIES.    actions  tte    lOT     bounties     on     coyote     s 

authorized.    A.  t 
Destruction    of    wild    animals,    bounty    for,    Acts    185,    1^9. 
Coyol 

.    soalpsi  a<  its  authority.  Act  3792. 

Ramie   Doer,    bounty   for,    A  t    - 

BOURN,    A     .!.,    claim    of,    agiunst    state,    appiopri.u  i  in    to    pay,    Act 
37S8. 


BOWMAN,   JAMES— BUILDING  AND  LOAN  ASSOCIATIONS.    1569 

BOWMAN,    JAM"PS.    governor   authorized    to    execute    quitclaim    deed 
to  successors  of,  Act  1386. 
Interest    of     state     in    waterlot    quitclaimed     to    successors     of, 
Act   4028. 

BRANCTFORTE,    titles   In,    settlement   of,   Act   408. 

BRANDS:  See   Marks  and   Brands. 

BRAKES,     brakes     and     fenders,     street    cars    and     dummies  to   be 
equipped,    Act   2932. 

BRAZOS  DEL  RIO,   name  changed  to   Rio  Vista,   Act  413. 

BRIDGES,    cities    authorized   to   maintain,    Act  418. 

City  limits,    within,   expense   of  building   or   reconstructing,    Act 

419,    §   2. 
City    limits,    within,    power    of    county    supervisors    to    repair, 

rebuild   or   change   location    of.    Act  419,    §   1. 
Contracts  for.   change  of,   p.   138,    §    28. 
District    attorney    to     proceed     against     persons     neglecting     to 

pay   ferry   or  bridge  license,    Act  1938. 
Estuary,  pond,  swamp  or  arm  of  bay,  bridge  across  and  powers 

of   supervisors,    p.    73,    §    8. 
Feather   River,    hrirlge   across   declared    a   free   bridge.    Art   113. 
Joint  bridge,   construction   of  by  county  and   person   or  corpora- 
tion,   maintaining.   Act   419,    §   1. 
Joint   bridge,    division    of    expense   of  building   and    maintaining, 

Act  419,    §   2. 
Navigab'e  stream,   franchises  to  ere?t  bridge  across,   supervisors 

may  grant,    p.    72,    §   1. 
Navigable    stream,    supervisors    granted    power   to    erect,      p.    72. 

§    1. 

Navigable  stream  between  counties,  either  county  may  con- 
struct bridge  when,   p.   72,    §   3. 

Navigable  stream  between  counties,  supervisors  may  join  to 
construct  bridge   over,   p.   72,    §   3. 

Navigable  stream,  franchises  to  erect,  county  on  left  bank 
controls,   p.   72,    §   2. 

Navigable   stream,    state   engineer,    h^arirg   before,   p.    72.    5    5 

Navigable  stream,  state  engineer,  notice  to  and  duty  of,  p.  72, 
§    4. 

Navigable    stream,    state    engineer,    plans    of,    p.    72,    §    5. 

Navigable  streams,  surveyor-general  performs  duties  of  state  en- 
gineer when,  p.  73,   §  6. 

Navigable  streams,   tolls:  See  Toll  Bridges. 

Particular   county,    in,    Act   1266. 

Plans  and   specifications,    change   of,   p.   138,    §    37. 

Supervisors,    powers   and    duties   of,   p.   121,    §   25,   subd.    4. 

Toll:    See   Toll    Bridges. 

BROOKLYN,  incorporation  of,  Act  425. 

BUILDING    AND    LOAN    ASSOCIATIONS.      Assessments    fur   salaries 
and    expenses    of    commissioners,    Act   42y. 
Bureau   of   building   and    loan    supervision,    creation    of,    Act   429. 
Bureau   of  building  and   loan   supervision,    offices    for.    Aoot   429 
Bureau    of    building    and    loan    supervision,    traveling    and    office 

expenses,   Act  429. 
Commissioners,    appointment    and    number,    Act   429. 
Commissioners,    creation    of,    Act  43ft. 
Gea.  Laws— 93 


■ 

Commissioners,    du:  a    and    compensation,    Aft    t2f 

s    and    dutif-s   of,    Acl 

• 

leasing    and    col. 
Licensing   building  and   loan   ■  I       !*.".). 

Li<p  its,    execu- 

tions   and    II' i 
Liquidation.    ln\  8,    Art    W. 

Per,  I  •  .        violations    of    law    and    orders    of    commlss 

latlon   of  law  or  unsafe  r»r  .    t    tCO. 

,..>rts,    Act    i 

Bl  [LDIN08:    Bi  I   Pua  lo   Buildings. 

Plumbing  buildings,   regulation  of  by  boards  or 

BULLS,    'ion   of  owner,    wa  .'ion.    Act    : 

3,    mooring   to   I'1 

BUR1  '■■os. 

iniitlun  and  removal  of  dead  bodies,  regulation  of.  A'- 

BUKi  '         '      IDENTIFICATION,     dark    of,    appoint- 

nt   and   qu 
Clerk   of, 
Creation    of.    Acl 

• 

liflcatlona 

if,    Act  SC3. 

BUREAU    OF   LABOR    STATISTICS:  See   Labor    Bureau. 

BURBATJ    OF    VITAL  1ICS:      See      Births.      Deaths;      Labor 

Bureau. 

r    RECORDS:    See   Restoration   of    Records. 

BUSINESS    CORPORATION  o-operatln  ins. 

H   corporations,    definition  of,    Act  7(3. 
Formation    of,    Act   7C3. 

BUTTE     COUNTY,     agriculture,     protection     of    against     tresp.> 
animals.    Act    (46. 

,   salary  of.    Act    11*". 
Auditor   of,    salary   of.    Act    117. 
Butte   anil    Plumas   counties,    boundary  li- 

and    Tuba   counties,    boundary   line   b  I   808. 

Butte  Creek,   protectjin  of  fish   in.   Act    1 
District    attorney,    fees    of,    in, 

inatlon    and    counting   of    funds  ,    Act    464. 

I   of  Justices  in.    Act   461. 

.   Act  1J0. 
Acts   1134. 
s,    division,    In,    Act   U38. 


BUTTE  COUNTY— CALAVERAS  COUNTY.         1571 

Fences,    lawful   fence    in,    Act   448. 

Fences,    partition    fence    in,    Act    44S. 

Highways   in,    Acts    458,    4S9. 

Hunting   of  game  within   certain  private  grounds   in,    prevented, 

Act   449. 
Licenses,   sheriff  to  collect,  Act  460. 
Licenses,  salary  of  sheriff  for  collecting,  Act  460. 
Notaries,  additional,   In.  Act  452. 
Officers  of,    salary   and    compensation    of.    Act   453. 
Oroville,    hogs   running  at   large   in,   prevention   of,    Act  1065. 
Records    of,    recorder    authorized    to    make    copies    of,    Act   455. 
Records   in,   transcribing  of  authorized,   Act  454. 
Roads   in.    Acts   456-459. 
Sheriff  of  an-d   his  compensation,   Act  401. 
Sheriff   to   collect   licenses,    Act   460. 
Sheriff,  salary  of  for  collecting  licenses,  Act  460. 
Stallions    prevented    from    running    £>t    large    in,    Act   1063. 
Superintendent  of  schools,   salary  of,   Act  462. 
Transfer   of   swamp   land   funds   to   general   fund,   Act  4ii3. 
Treasurer  of,   salary  of,   Act  447. 
Treasury   of,   better  protecion  of,   Act  464. 

BUTTE  CREEK,   protection  of  fish  in,  Act  1325. 

BUTTER:  See   Cheese;    Dairies:    Oleomargarine. 

Deception  in  sale  of  process,  or  renovated  butter  prevented,  Act 

470. 
Deception  in  manufacture  and  sale  of  prevented,  Act  471. 
Designation   of  producer  on   package   containing,    Act   876. 
Fines  for  failure   to  mark   packages,   disposition   of,    Act  467. 
Fraud  and  deception  in  manufacture  and  sale  of,  Acts  32-34. 
Marking    packages    containing,     district    attorney     to     prosecute 

delinquents,   Act  467. 
Marking   packages   containing,    duty   of   state   dairy   bureau,    Act 

467. 
Marking  weight  of  packages,   containing.   Act  467. 
Marking   weight,   violation   of   statute,    punishment   Act   467. 
Renovated,   deception  in  sale   of,   prevention  of,   Act  468. 
Renovated,    license    of    firms    engaged    in    dealing    in,    Act    468. 
Renovated,    licensing    manufacturers    and    dealers    in,    Act    468. 
Renovated,   records   of   sales   of,    Act  468. 

Renovated,  regulation  of  persons  engaged  in  dealing  in,  Act  468. 
Renovated,    sale   of,   district   attorney   to   prosecute   violations  of 

statute,    Act  468. 
Renovated,    sale   of,    fines,   disposition    of,    Act   468. 
Renovated,    violation   of    statute,    punishment,    Act    468. 
Sale    of    process    or    renovated    butter,    prevention    of    deception 

in,  Act  470. 
Sale  of   short   weight  rolls   of   prevented,   Act  469. 


CALAVERAS   COUNTY,    agriculture   protection   of,    Act   476. 
Assessors   to   pay  deputies   in,    Acts   255,   4062.. 
Bonds   of,    redemption   of,    Act   477. 
Constables   of,   fees   of,   Act  478. 
Constables  of,    regulation    of,    Act   482. 
District   attorney   of,    Act   479. 
Fees   of    constables    in,    Act   478. 


1672  CALAVERAS    COUNTY— CANCELLATION. 

Fees   of   officers   In,    Acts  -460,    4S1. 
S   in.    Acts  1134.   1135. 
|  a   In,   provisions  of  Political   Code  applied,    Act  486. 
:   See    Poet    Roads. 

!    t   4S2. 
Mi  nil  .  ng   In,   Act  483. 

if,    duties   <v 
Officers   of.  4^1. 

Payment    to    by    Amador    County    of    interest    on    Indebtedness, 

Act 
Poll    ta*x<  ■    In,    enforcing   collection   of,    Ar; 

and    maintenance   of,    Act  485. 
il   Code   appied.    Act  486. 

.    Act   486. 

Stall  iroin  running  at   large    in,    Act   1063. 

Supe:  •    •  •-.    salary    of,    Act   488. 

Supervisors    of,    Act    479. 

Trusunrs    of,    l">iida    of.  Act    I 

CALIFOR  EL    R.    CO.,    act   of   congress    relating 

to, 

CALIFORNIA     HOM1  FEEBLE-MINDED     CHILDREN:    See 

••    Minded    Chili 

CALIFORNIA    PACIFIC    RAILROAD    CO.,    certain    rights   and    privi- 
leges 

CALIFORNIA    POLYTECHNIC    SCHOOL,   act   creating   liberally   coo- 

■ 
Appropriation   i>>r  Bite,   buildings  and  maintenance.  Act  504.    5  6. 
Ari  ■  ;    'lirection  of  trustees.   Act  504,    {  7. 

Api   i  •■■'.   how   drawn  and   puid.   Act  604,    $   6. 

Pur;  J    1. 

Site,    selection    and    purchase   of,    Act   504,    §    I. 

Trustees,   apjioiiituiLiit   o:.  j    2. 

Trust 

Trustees  of.  who  constitute.  Act  504,   $  2. 

CALIFORNIA    REDWOOD    PAR  lation    for.    Acts    509,    BIO. 

and   management  of.   Act  509. 
::ou,    improvement    uuu    ma.utinance,    Act    610. 

CALIFORNIA    VOLUNTEERS,    revision    Of    records   of    and    publica- 
tion  of.    Act   620. 

CAN  \:  'NS,    Incorporation    of,    Acts   626,    526. 

CANALS,   construction   of.    Acts   525,   626. 

Construction    a  Sol  sac    ami    Yolo    counties. 

Tehama  County,  cans  s  in,   incorporat  .m  of.   Act  407C. 

Yolo    and    Sol.u 

I 

OANCELLATIOl  .js   executed   and    r. 

malnii.g   ui      Id,    A 


CANDIDATES— CERTIFICATES.  15TJ 

CANDIDATES,    pledges    by,    prohibited,    Act    2547. 

Pledging   of  prohibited,    Act   2547. 
CAPITAL    OF    STATE:  See    State    Capitol. 
CARRIERS:  See    Railroads. 

CARRIERS     OF     GOODS.     Animals    diseased,    carrying   of   a    misde- 
meanor,   Act    178. 
CARRIER   PIGEONS:  See   Homing  Pigeons. 

CATTLE,   administering   drugs  or  poison   to  a   misdemeanor,   Act  192. 
Hides   of  slaughtered   cattle,   inspection   of,   Act   1S4. 
Hides  of  slaughtered   cattle,   keeping  of,   Acts   182,   183,   184. 
CEMETERIES,   bodies   of   deceased   persons,   protection   of,    Act   543. 
Cities   of   first  class,   provisions   relating   to,   pp.    741-748,    §§    185- 

192. 
Cities    of   less    than    first    class    authorized    to    obtain    lands    for, 

Act   2381. 
Exhumation    and    removal    in    certain    cities,    regulation    of,    Act 

544. 
Exhumation  and  removal,  permit  necessary,  Act  545,  §  1. 
Exhumation    and    removal,    permit    not    granted    when,    Act    546, 

§    6. 
Exhumation    and    removal,    protection    of    public    health    from, 

Act    440. 
Exhumation   and   removal,    regulation   of,   Act  2832. 
Exhumation   and   transportation   without  permit   a   misdemeanor, 

Act   545,    §    4. 
Exhumation,    body  how  to  be   inclosed,   Act  545,    §   2. 
Exhumation,   permit,   what  to  appear  and  form  of,    Act  545,    §   2. 
Exhumation   without   permit   a   misdemeanor,    Act   545,    §    3. 
Exhumation    without    permit,    reward    for    information,    Act   545, 

§    5. 
Exhumation,   carrier  or   vehicle  not  to  receive  body   unless   per- 
mit granted,   Act  545,    §   4. 
Particular    counties,    in:  See    Particular    Title. 
Public   graveyards,    protection   of,    Act   543. 
Removal    of    remains    from    one    place    of    interment    to    another 

without  permit  allowed,    Act  545,    §   6. 
Rules   and   regulations   for  government   of,   Act  2381. 
CEMETERY    CORPORATIONS,    deeds    by,    manner    of    execution    by, 

Act   550. 
Rural  cemetery  associations,  incorporation  of,  Act  549. 
CENSUS,   city  or  county,    taking   of  by,   Act  555. 
Classification  of   cities,   Act  2347,    §   2. 
Population    of   counties,    pp.    114-116,    §    10. 
Taking   of,    duty    of    supervisors,    p.    124,    subd.    12^. 
CENTRAL   PACIFIC   R.    R.    CO.,    certificate   of   incorporation    of   San 

Joaquin   Valley  Road   validated,   Act  563. 
Construction   of  aided,   Act  561. 
Provisions    of   Pacific   railroad   act,    aiding   in   carrying   out     Act 

562. 
Relocation    of    route   authorized,    Act    560. 
Use  of  to  state  for  military  purposes  secured,  Act  561. 
CERTIFICATES,     issuance    of    duplicate    to    replace    destroyed      Act 
.    3013. 
Validation  of  writs,   process  and  certificates  issued  before  courts 

have  seals,  Act  2791. 


1574  CI.:.  :     OF    DEPOSIT— CHARTERS. 

CERTIFICATE   OF   DEPOSIT,   action    for   after  death,    limitation   on, 

Act   3876. 
CHAMBERS    OF    COMMERCE,    acknowledgments    by    validated,    Act 

in. 

Formation    of,    Act    I 

CHARITABLE    CORPORATIONS,    formation    of,    Act    318. 
License  tax,   exempt  from,   Act  757. 

CHARITABLE    USE,    eltv.    conveyances    by    for    charitable    purposes, 
ratification    of,    Act    X 

CHARITIES,   charitable   societies  authorized   to   Incorporate,    Act 

CITIES  AND  CORRECTIONS,  STATE  BOARD  OF,  appointment 

of,   p.    87.    §    1. 
Compensation.    I  i   t   without,   p.   88,    §    2. 

f.    p.    v7.    5    1 
Eligibility,  p.   87,   §   i. 

•id  and  limit  upon.   p.   88,    ' 
Forms  of  registration  at  public  Institutions,  p.  89,   §  3. 
Forms   of    repo  record!  i    in    lunacy 

and   by   other  officers,    p 
Governor   ex-ofl  "1. 

Governor  may  order   investigation  by,   p.   90,    §   5. 
Governor's   power    i  I    b>    act    creating,    p.    90,    5    &• 

Ci-ner.il    powers    and    duties,    p     88,    5    3. 
Meetings,   failure  to  attend,   effect  of,   p.   88,    5   i. 

iiKS,    quotum,    p.    88,    5    '-'■ 

88,    §   2. 
Number  of  members,   p    87,    5    1. 
Oaths,   members   may  administer,   p.   88,    5   4. 
Office  to  provide,  in  San  Francisco,  p.  83,   5  2. 
Plans  nf   now   buildincs   to   bo  submitted   to.    p.   88,    §   8. 
Public   institutions,    free   access  to   departments   and    records,    p. 

88,    §    3. 
Public  Institutions,  officers  to  furnish  Information  .to,   p    88,    '   3. 
Public    Institutions,   production  of  books  and  papers,   p.   89,    f    4. 
Reports   of.    p 

Rules   and   orders,    p.    SS,    §    2. 
Secretary,   appointment   and   compensation   of,    p.   8S,    $   2. 

tary,   bond  and  oath,   p.  8S,   §  2. 
Term  of  office,    p.    S7,    5    1. 

Vacancies,    filling   and   term   of  appointee,   p.   87,    §    1. 
Veterans'  home  at  Yountville  excepted   from  act  creating,   p.  9", 

§    7. 
Witness,    disobedience   of   subpoena   or   refusal    to   answer,    pun- 
ishment,  p.   88,    5    4. 
"Witness,   subpoenaing  and  compelling  attendance,    p.   88,    §   4. 
Womi  n    may    be    appointed,    p.    87,    §    1. 
Women's    relief   corps   home   excepted   from   act   creating,    p.    90, 

§    7. 

CHARTERS,    amendments   to,    election    upon,    Act   1014. 
Elections   upon.    Act  1014. 
Elections  upon  charters  or  amendments  to  charters,  conduct  of. 

Act    367. 
Fiscal    year,    changing    In    cities    operating    under    charter,    Act 

U93. 
Freeholders,    election    of,    Act    lul4. 


CHEESSE— CITY    AND    COUNTY    ATTORNEY.  1S7S 

CHEESE:  See  Dairies. 

Branding  grades   of   cheese,   Act  578,    §    1. 

Brands  not  to  be  used  by  other  than  one  to  whom  issued,   Act 

587,    §    2. 
Brands,    records   of,    Act   5S7,    §    2. 

Brands  for  to  be  procured  from  stat»  dairy  bureau,  Act  578,   §  1. 
Deception   in   manufacture   and    sale   of   prevented,    Act   471. 
Fraud   and   deception   in   manufacture   and   sale   of,   Acts   32-34. 
Grades   of   cheese   denned,    Act   57S,    §    3. 
Misdemeanor,    violation    of    statute    relating    to    manufacture    of 

cheese,    Act  578,    §   5. 
Sale    of    cheese    manufactured    in    state    not    permitted,    Act    578, 

§    4. 

CHEMICALS,    assault    with    caustic    chemicals,    punishment    of,    Act 
250. 

CHICO,    incorporation   of,   Act   583. 

CHILDREN:  See    Infancy. 

CHINA   BASIN,    ratification   of   lease   of,    in    San    Francisco,    Act   1S90. 

CHINESE,    aliens    incapable   of    becoming    electors    forbidden    to    fish, 

A.ct  122. 
Certificates  of   residence   of,    Act   590. 
Coolie  slavery,   prevention  of,   Act  591. 
Deportation    of   criminals,    Act   590. 
Fine,    act   imposing    on    immigrants    unable    to    become    citizens, 

Act  1588. 
Ill-fame,  suppression  of  Chinese  houses  of,  Act  593. 
Immigration   of   discouraged,    Act   589. 
Immigration  of,   prevention   of,   Acts   588,   589,   590. 
Importation   of   Chinese   criminals,    prevention   of,    Act   591. 
Importation  of  females  for  immoral  purposes,  Acts  592,  2797. 
Kidnaping    and    importation    of    females    for    immoral    purposes, 

Act   592. 
Licenses  not  to  issue  to,  not  eligible  to  become  electors,  Act  122. 
Miners'    license    not    to    issue    to    aliens    ineligible    to    become 

citizens,    Act   1937. 
Police  tax  on,   Act  589. 
Prohibited  from  fishing,  Act  125. 
Removal  of  outside  of  city  limits,  Act  594. 
Registration   of,   Act  590. 

Status  of  Chinese  .residents,   fixing,   Act  590. 
White  labor,  protection  of  from  competition  with  Chinese  labor, 

Act  589. 

CITIZENS:    See   Aliens. 

Citizens   only  to  be  employed  in   public   service,   Act  2543. 

Civil  rights,  protection  of  all  citizens  in,  Act  605. 

Indexing    names    of    persons    declaring    intention    or    becoming 

citizens,   Act  2434. 
Naturalization,   no  fees  to  be   charged,   p.   321,    §   22G. 

CITIZENSHIP.     Prepayment   of   fees   not.  necessary   in   naturalization, 
p    320,   §  221. 

CITIES:    See  Municipal  Corporations. 

CITY  AND  COUNTY  ATTORNEY,   cities  of  first  class,   assistants  of, 
and  salaries  of,  p.  652,  subd.  10. 


157«  CITY    AND    COl'NTY    AT  TORNKY— CI  VIL    RIGHTS. 

s   of   first   cli^s.    dut  710,    5    133. 

Cities  of  first  class,  salar  ■  [,   10. 

CITY    ATTORNKY.  |    cities    and    counties 

Cities   of  ;.ixy   of.    p 

-  of  third  ■     ;     ■■  • ;  \   502. 

n  of  third 

$    rk\2. 

Cities  of  fourth    class,   bond    of; 

Cities   of  fourth 

Cities  of  fouii  net  before  poiir-e 

p.   S',S,    {    CM. 

Cities    of  fifth  :    •    mi    of   offi  <    70J. 

Cities   or  filth   class,   du' 

Cities  of  fifth 
Cities    of  1    compensation    of,    p. 

CITY   CLERK,   i  t  of,  Ac! 

Citi<  . 

Cities   of    third    ol«*s,    ilm 

Clti 

Cities  of    : 

■8    of    four- 
Citi-  hi     of,     p. 

D  and  t.  1 1 • .  §   7M. 

e9   of   fifth 

ill  d  urm  of  ,  ■•  5  852. 

M  of  sixth 

s   of  sixth  ^78. 

■ 
of    sixth    class,    ex-ol' 
:s   and   dut  ,    77s. 

PITY    COLUr'f'TOR:    See   Collector. 

CITY    COUNCIL  -ors. 

CITY    COURT,    aholi-Mn.  nt   of.    Ait    i:  1 13. 

City  court,  justice  to  Ai  t.  Act  .113. 

Mayor  not  requ  In  cities  over  ten 

thou 
Transfer  of  bu  to  Justice  of  the  peace,   Act 

CITY    ENGINEER  '  •  ntimnt,    and    duties, 

p.    7 

CITY   RK<  n  criminal  action  not  a  county  charg. 

To   act   as  registrar,   P-   C46-    5   9- 
CITY   TREASI  R1  '  rers,   City. 

Civil-   RIOl  I  tion   of  aii 

.    '  »  fill,    Act   604. 

Refusal  of  admission    to   Uiuau-rs,    An 


CLAIMS— COLLEGES.  J&T7 

CLAIMS,    cities,    against:    See    Municipal    Corporations. 
County    against:    See    Counties. 
Demands   on   or  against  counties,   no   fees   tor   swearing  to,    Act 

1122. 
Claim   of  A.   J.   Bourn   against   state   appropriation    to   pay.    Act 

3788. 
State,    against:   See   State. 

CLEAR  LAKE  declared  navigable,   Act  607. 

CLERK.    City  clerk:   See  City  Clerk. 

Acknowledgments   taken   before   deputy   clerks   of   superior    court 
validated,   Act  17. 

CLERK  OF  COUNTY:     See  County  Clerk. 

CLERK  OF  SUPER VSORS:     See   Supervisors. 

CLOVERDALE,   incorporation   of,    Act  612. 

Notary,   appointment  of,   to  reside  at,   Act  3714. 

CLUBS.    Yacht    clubs,    incorporation    of    authorized,    Act    4442. 

COAST   SURVEY,    operations   of,   protection   of   from   injury   and   mo- 
lestation,   Act  617. 
Persons  engaged   in,   authorized  to  enter  upon   lands,    Act  617. 

CODE    commission   to   reform    laws,    creation   of,    Act   622. 

Commission  to  reform  laws,  compensation  and  expenses  of,   Act 

622. 
Commission  to  reform  laws,   compensation  and  expenses  of,   Act 
Corporations,    effect   of,    on,    Act    632,    note. 

COINING.     Money,   coining  of,   regulation  of,  Act  2283. 

COLFAX  to  Nevada  City,   railroad  from,   Act  2918. 

COLLATERAL   INHERITANCE   TAX:     See   Taxation. 

Special  counsel  for  collection,   how  paid,   Act  837,    §   215. 
Tax   on   collateral   inheritances,   Act   4040. 
Treasurer,    commissions   of,    Act   837,    §    215. 

COLLECTOR,    cities   of   fourth    class,    bond   of,   p.    S30,    §    607. 
Cities  of  fourth  class,   deputies  of,   p.   852,    §   672. 
Cities  of  fourth  class,   duties  of,   p.   854,    §    678. 
Cities   of   fourth   class,    salary  of,   p.   831,    §   609. 
License    collector:    See    Licenses.     Tax    collector:    See    Taxation. 

COLLEGE  CITY.  Intoxicating  liquors,  prohibition  of  sale  within 
one   mile   of,   Act   627. 

COLLEGES:  See  Hastings  College  of  the  Law;  University  of  Cali- 
fornia. 

Affiliated,  of  University  of  California,  appropriations  for,  Acts 
4254,   4255. 

Arms  and  accoutrements,   issuing  to,   Act  229. 

Assent  of  state  to  act  of  congress  applying  proceeds  of  public 
land   far  college,   Acts   634,   3786. 

Assumption  of  control  by  trustees,  Act  4164. 

Codes',   effect  of  on,   Act  632,   note. 

Gifts  and  donations  to,  encouragement  and  protection  of,  Acts 
4162,    4163. 

Governor  authorized  to  reconvey  to  United  States  part  of  Agri- 
cultural  College   grant,   Act  2846. 

Incorporation  of.   Acts  632,  633. 


1S78  COLLEGES-  COLUSA.    TOWN    <>F. 

Incorporation   of  institutions   of  learning,   science,    and   art.    Act 

033. 
Medical   department  of   University   of  California, 
Rl  Hnquishment  of  rights   in   by   founder  or    W  ;'.    Act   4164. 
Trusts   for  benefit  of.   creation   of.    v 
Trusts   for   benefit  of,   determination  authorized,    Act 

4166. 

OOLOMA,    Incorporation   of.    Act  639. 

COLTON    HALL,    hoard    of    trustees   of.    Act    640. 
Leasing   of.    Acl 
Preservation,    protection    and   ll  '    of.    Act   840. 

COLU?A  COUNTY,  Agricultural  Interests,  development  of.  Act  G46. 

Agriculture,   protection  of,   and  :    ani- 

mals.   Act   S4G 

Animals  of  another,   wounding  in.   punishment   of.   Act  1">:<3. 

Animals,   trespassing  of,   prevcrtl^n   of,   Act   646. 

Bonds,    official,    rtmnunt    of,    Ac- 
Ponds,   official,   approval  of.    Ad   647. 

Bounties  for  destruction  of  wild  animals  in.   Act  189. 

Canal,    construction    of    In  Solano    and    Yolo    counties, 

aiding  of,    Acts  581,   8877,    litre 

College    City.    In,    prohibition    of    sale    of    Intoxicating    liquors 
within    one   mile   of,    Act 

District  attorney's  salary,   additional   tax  for.    A ■■■ 

Drainage    of    certain    lands    In    Colusa   and    Yolo    counties,    Acts 
1450 

Fees  of  officers  in.   Acts  651,   652. 

Fences   In,    Acts   11.34,   1185,    1137. 

Fences,    partition,    in.    Act 

B    In,    tearing    down    of,    prevention    of.    Ac 

Fires,   leaving  of.   punishment  of 

Glenn    and    Coin  i,    boundaries    bl  I    BIO. 

Growing    timber   on    private    ground-.  on    of    pre 

Act   ir,T7. 

Hunting    on    private    Inclosed    grounds    In,    prevention    of.    Acts 
1677,    1593. 

Inclosures.    passing  through   and   leaving  them   open.    Act 

Judges'  salaries  In,   adidtional  tax   for,   Act  653. 

Justices  of  the   peace   in.    Act   - 

Lands    sold    to    actual    settlers    by    United    States    released     to 
United    States,    Act    660. 

Officers    of,    fees    and    salaries   of.    Acts    651,    652. 

Reclamation   district  No.    124,   validat  d,    A<  • 

Roads,     private     In,     establishing,     maintaining    and     protecting, 

Act  657. 
Roads,    public    In,    A< 
Road,     public,    establishing,     maintaining,    and    protecting.     Act 

657. 
Road,   public,  along  boundary  between  Yolo  and,   Acts  656,   4lo3. 
Salaries   of   officers    in.    Acts   651,    652,    653. 
Stallions  prevented  from  running  at  large  in.   Act  10(53. 
Supervisors,    additional    powi 
Supervisors  of,   certain 

Titles  to  certain  government    lands  quiet  d,   .V 
Water  commissioners   for.    Act    I 
Waters,    overseer   to    regulate,     Vt    4365. 

COLUSA.   TOWN   OF.    incorporating,    Act 

Bonds   for   road   purposes,    issuance   of.    Act   666. 


COMBINATIONS— CONDITIONS.  15T» 

COMBINATIONS  to  obstruct  sale  of  livestock,  prevention  of,  Act  191. 

COMMERCE:     See   Chambers   of  Commerce. 

COMMISSION,   railroad,   powers  of,   Act  2921. 

Supreme   court:     See    Supreme   Court   Commission. 
Uniformity    of    legislation,    creation    of    commission    for    promo- 
tion  of,    Act  1&00. 

COMMISSIONERS,  building  and  loan:  See  Building  and  Loan  Asso- 
ciations. 

Debris,   appointment,    duties  and   compensation,   Act  898. 

Examining  commission  on  rivers  and  harbors,  appointment, 
duties  and  compensation,   Act  4364. 

Public  works,   of:   See  Public  Works. 

Viticultural:   See  Viticulture. 

Water:   See  Waters. 

COMMISSIONERS   IN   EQUITY,   appointment  and  -duties  of,   Act   671. 

COMMISSIONERS  OF  PUBLIC  WORKS,  creation,  duties,  powers 
and  compensation,   Acts  2888,  2889. 

COMMISSIONERS     OF     TRANSPORTATION,     appointment     of,     Act 
2920. 
Creation   of,    Act   676. 

COMMISSIONERS,  PAROLE.  Creation  of  board  for  parole  and  gOT- 
ernment  of  prisoners,   Act  3866. 

COMMISSIONS.     Payment  into  state  treasury  of  moneys  received  by 

state   institutions,    commissions   and   officers,    Act   1279. 
Taxes,    payment    of    for    collection    of    delinquent    legalized     Act 

4046. 
Taxes,   for  collection  of,   county  not  to  bring  suit  against  state 

for,   Act  4049. 
Taxes  for  assessment,  etc.,  of  ad  valorem,   abolished.  Acts  4048, 

4049. 
Taxes,   for  collection  of,  payment  by  state  to  county  ox  city  for 

prohibited,  Act  4050.     ^ 

COMMITMENTS:    See  Whittier   State   School. 

House  of  correction,   commitments  to,   Act  1540. 

Preston   School  or  Whittier  State  School,   commitments  to     Act 

2756. 
Preston   School  of  Industry:    See  Preston  School  of  Industry. 

COMMON    CARRIERS:  See    Railroads. 

Appointment  of  police  to  serve  upon  cars  or  boats,  Act  2734. 

Commissioners  of  transportation,   creation   of,   Act  676. 

Duties  of  masters  of  vessels  in   relation   to   passengers  arriving, 

Act  15S7. 
Explosion,   high,    transportation   of,    p.   402,    §   9. 
Licenses  on   in  cities   of  second  class,   p.   783,    §   333. 
Refusal   to   sell   ticket   for   foreign  port,   penalty,   Act  1031. 

COMMON    COUNCIL:  See   Supervisors. 

COMMON   LAW,   adoption   of,   Act   681. 

COMPROMISE.  Bonded  indebtedness,  compromise  of  by  city,  Act 
386. 

CONDITIONS.  Insurance  companies,  conditions  for  doing  business, 
Act    1661. 


Ml  NTT. 

CON'  ig    preceexto   of   public 

land 

Ubllc   park.    Act   8786. 

ti>7. 
i.   687. 

1     StAtcS     :-■ 

-   tJoa*.    p.   «M4.    5    8. 

om<  tain,    p     113.    S    65. 

<  nmmlt    any     rrlme     ncnln^t     e*rt.itn 
\    I    633. 

Uw   part 

y.    i1     UL 

I    22&,    »ubd 

Of  In  various  rt 

I 

Sub  of     ch11.dk  n      to 

elm  ~.\j3. 

of.     Acts 

.red      navigable. 

ting     personal      property 
tax. 

i    admln'.st'  1    to   act   as.    Act   717. 

10.'    In,    A.  I 

r   on    prlv.i  .  -  n    of   prev 

Hun:  unrl*   In.   prevention  of.   A<  • 

■ 

Act   716. 

of,  Ael  7n 
i..  .  i   lavs,   ■] 


i 


CONTRA   COSTA   COUNTY— CONVICTS.  1651 

Salt  marsh  and   tide  lands  in,   qnietin?  tit1"  to,   Act  722. 

School  moneys,  distribution  of,  Acts  725,  3542. 

Sheriff  of,   bond   of,    Act   723. 

Squirrels    in,    destruction    of,    Act   186. 

Squirrels  in,  extermination  of,   Act  724. 

Squirrel    nuisance,    abatement    of.    Act    112. 

Swamp-land    district    No.    118,    assessment   in,    Act   2958. 

Swamp-land   district   No.    118,    validated,    Act  29"7 

Title  to  certain   salt  marsh   and  tide  lands  in   quieted,   Act  722. 

Water  commissioners  for,    Act  4365. 

Waters,    overseer    to   regulate,    Act    I 

CONTRACTS.  Acknowledgment  of  deeds  and  instruments  by  pris- 
oner,   Act   2764. 

Assignment    of:    See    Assignment    nf    Contrncts. 

Fraudulent   contracts,    act    concerning.    Act    1239. 

Leases   and   other   contracts   of  officers,    ratification   of,    Act   2546. 

Lighting  of  streets  and  public  buildings,  letting  of  contracts 
for,    Act    2340. 

Public  buildings,  contracts  on  behalf  of  state  in  relation  to, 
regulation   of,    Act   2897. 

Public  duties  of  mayor  and  ether  officers  in  cities  of  first  class 
relative  to,    p.   747,    5 

Public,    hnw   made  in   cities   of   first  class,    p.    704,    §    107. 

Public,   stipulation   as  to  hours   of  labor,   Act  1535. 

CONTROLLER,   additional    clerk,   appointment   of,    by.    Act   730. 

Commissions,  payment  of  for  collection  of  delinquent  taxes 
legalized,    Act    4046. 

Destroyed    controller's    warrants,    payment    of,    Act    4328. 

Duties  of,    Act    362. 

Expert   to,    compensation    of.    Act   731. 

Expert   to,    creation    of   office   of.    Act  731. 

Lost   warrants,    payment   of,    Acts   2033,    4328. 

Payments  on  swamp  lands  pledged  to  redemption  of  certain 
warrants    of,    Act   4024. 

Swamp-land  funds  paid  into  county  treasuries,  duties  of  audi- 
tor,   controller,    and   treasurers,    Acts   1280,    1920. 

Transfer  of  funds  from  drainage  construction  funds  to  general 
fund    authorized,    Acts   1282,    1283. 

Transfer  of  moneys  to  general  fund  by  treasurer  and  controller 
authorized,    Act   1281. 

Treasurer   authorized    to   pay   warrants    for   salaries,    Act   4136. 

CONVEYANCES:  See   Deeds 

Acknowledgments:  See     Acknowledgments. 

CONVICTS:  See    Parole    Commissioners;    Prisons. 

Arrest,  trial,  recommitment,  and  punishment  of  convicts  who 
have   escaped,    Act   1041. 

Bureau  of  criminal  identifiction:  See  Bureau  of  Criminal  Iden- 
tification. 

Costs  of  trial  of  convicts  for  crimes  committed  in  prison,  pay- 
ment  of.   Acts   736,   783,   3859. 

Costs    of   trial   of   escaped    convicts,    Acts   736,    783,    3859. 

Importation   of   convicts   into   state,    prevention   of,    Act   737. 

Physician  to  inquire  into  sanity  of,  costs  a  state  charge,  Act 
2070. 

(sheriff  and  chiefs  of  police,  descriptions  and  photographs  of 
prisoners,    Act   738. 


CONVICT?    CORPORATIONS. 


Wardens    tn    fur 

Wardens    to    furnish    Infon  Mt   739. 

CO-OPERATIVE     ASSOCIATIONS     Co-operatlTe     business     corpora- 
tions,   definition    of.    Act 
Co-opera  t..  •  <ns,     organization     and     govern - 

743. 
Incorporation,    operation    and   management   of.    Act   744, 

COPARCENERS.     Suits,    may    bring    or    defend.    Act   788. 

COPTBO    RECORDS:    See    Restoration    of    Records. 

COPYING     RBCORD8,    act    providing    for.    Act    3114. 

Mill,    bond   of.    p.    146.    |  66. 

.ical    examination*,    payment    for 
Cities    aro]  "iiusand,    apr«ilr' 

compensation,    and   duties.    Act 
Cltii-s   and    eittea    an  '  over   one   hundred    thousand,    as- 

sistants   t 
Cities  of  first  data,   deputies  and  assistants  of  and   salaries  of. 

■nbd    li 
Cltl -a  of  first  class,   dui 

I   of    first   class.  |    2S7. 

Cities    of    t 
Cities   of   first 

of   first  class,   salary  of.   p.   652.   subd.   11. 

:.d   avslstanta   In    various   counties:    See  Counties. 

Inqueata  U  3859. 

146. 
Mouevs  •  warding,    p.    150. 

Particular  county,    In:  Sic    Particular   T.. 
ians  and  surgeons,   al 

o   in   counties   of 
first  clas^ 
Physician  appointed  to  perform  autopsies,  compensatioa  of.  Act 

ations,   payment   for. 
■I   duties   of  enu 

Public  ail- 
Salur 

■ 
Stenographer    to    lu    cities    and    cities   and   oounl 
Act 

CORTK    M\  .  iBK.    navigability    of.    Act    2069. 

CORPORATIONS,    acts   and   su; 

Agenta,   frauds  or  n; 

i.s   for   dii  ■  on   of, 

230. 
Art 
Assessments    of    Btock    In, 

|    as,    rights    and    dul 
■ 


CORPORATIONS.  ASSf 

Authorized    to   act   as     executor,     administrator,     guardian,     as- 
signee,   receiver    or    trustee.    Act   1055. 
Banking,    persons,    associations   or   corporations   prohibited   from 

exercising    privileges    of,    Act   2284. 
Benevolent:  See    Benevolent    Corporations. 
Business  corporations:  See  Co-operative  Associations. 
Business  house  and  lot,  authorized  to  own,   Act  768. 
Canal   corporations-  See   Canal   Corporations. 
Cemetery  corporations:   See  Cemetery   Corporations. 
Certificates   of   incorporation,   defective,   validating,   Act  766. 
Certificates   of  stock,   tax   on    issue  of,   Act  4038. 
Charitah'e:  See  Charitable  Corporations. 

Chemical    purposes,    formation    of   corporation    for,    Act   763. 
Code,  effect  of  on.   Act  632. 
Colleges:    See   Col' 
Commerce,    formation    of    corporations    to    engage    in,    Acts,    763, 

764. 
Co-operative    corporations:    See    Co-operative    Associations. 
Creation  of  paper  to  circulate  as  money,  forbidden,  Act  2284. 
Depositary,    authorized    to    act   as,    Act   1055. 
Depositary,   acting  as,   rights   and   duties   of,   Act  1055. 
Deposit    of   moneys    or    assets   with    by    executor,    receiver,    etc., 

and    reduction    of   bonds,    Act   1055. 
Employees   to   be    paid   monthly    or   weekly,    Acts    772,    773. 
Executor,  acting  as,  rights  and  duties  of,  Act  1C55. 
Executor   authorized    to   act   as.    Act   1*155. 

Executors,   corporations  as,   and  powers  and  duties  of,  Act  770. 
Failure    to   pay   tax,    penalty,    Act   757a,    §    5. 
Foreign,   authorized  to  do  business  on  equal  terms,   Act  2917. 
Foreign,  to  designate  person  upon  whom  process  may  be  served 

Acts   774,    775. 
Foreign,    to    file    certified    copy    of    articles     with     secretary     of 

state,    Act    776. 
Forfeiture  for  failure  to  pay  tax,   Act  757a,    §   10a. 
Fraud   or   misrepresentations   by   officers   or   agents,    punishment 

of,  Act  771. 
Guardian,    authorized    to   act   as,    Act   1055. 

Guardians,    corporations   as   and   powers   and    duties  of.    Act   770. 
Homestead  corporations,  formation  of,  authorized,  Act  1492. 
House    and    lot    where    business    transacted,    authorized    to    own 

Act   768. 
Interest,     corporations    organized    to    loan    money    at,     regula- 

lation    of,    Act   758. 
Interest,    limit   upon    amount    of    that   can   be   charged,    Act   758. 
License    tax,    what    corporations    exempt    from,    Act   757. 
License   tax,    failure   to   pay,    effect   of.    Act   757. 
License  tax,   imposed   on,   Act  757. 
License   tax   on,    amount  of,    Act  757. 
License   tax   on,   failure   to  pay,   duty  of  secretary  of  state,    Act 

757. 
Manufacturing  purposes,  formation  of  corporation  for.  Acts  763, 

764. 
Mechanical  purposes,  formation  for,  Acts  763,  764. 
Mechanic   arts,    formation   for  direct  promotion   of,   Act  290. 
Manufacturing,    formation   for  direct  promotion   of,   Act  290. 
Mining,    formation   for   direct    promotion   of.    Act   290. 
Mining  corporations:   See  Mining   Corporations. 
Officers,    frauds    or    misrepresentations    by,    punishment   of.    Act 

771. 


15*4  CORPORATIONS— COUNTIES. 

Plank    road    corpornNins.    formation    of.    Act   766. 

[load    Corporation!. 

'    tn   act   as,    Act    1055. 

10fi5 
ti«  as  and  ).>wers  and  duties  of,   Act  770. 

• 
Settlement  of  affairs,   In   event  of  failure  to  pay   tax.   Act  757a, 

Bo  Itj    to      hlldren.    Incorporation    of. 

^71 
Pult    ac.ilnst    In    event    of    I  .7a.    }    10a. 

Tax    on    certiflcal 

••••«<-.  n   July  first   and   December 
fir-' 

to  engage  In,   Acta  783,  764. 

Trn 

10a. 
Tut  formation  of,  Act  765. 

n    mad   cor  -  n    Road  Corporation!. 

:     cornpan 

CORRI  MtUs  and   I  .   state  board   of. 

tlou. 

- 
Coroner's  li  as,  costs  of.  Acts  783.  3859. 

Coroner'.-    inquiry    Into    death     ,n    atatc    prison    a    state    charge. 
Art     . 

i    take    affidavit*   of    tension    claimants    without 
Act   KS. 
Ijr.-l   and  slander,   bond   for  costs  In  actions   '■  r.    Act   1931. 

into  sanity  of  convict,   a  state  char*-      \   I 

-  intnal    action,    In,    pp.    322.    323.    §J    229,    2*0;    Act 

' 

•ite   prison.    Acts 

■ 

B    fish   Jaws    |:i.J    b$    state,    Act    . 

COTK'  rotenants  may  bring  or   d 

coulti:r\  n.i.i:    AND    v>si:miti  au. 

sors. 
COUN  gold   dust,   prevention   of  countorMtlng  of.    Art 

114.    |   6. 

Au;  on    Issuing    bonds    for   debts   not    authorised. 

Act   iH. 


COUNTIES.  15V> 

Board  of  examiners   to     invest    moneys    from     school     lands     in 
county   bonds,    Act 

Bodies  corporate  and   politic,   are,   p.   114,    §   1. 

Bonds  of  officers,  premiums  in  to  be  paid  by,  Act  2544. 

Bonds    of:  See    Bonds. 

Bridge,  joint,   construction  of  by  county  and  person  or  corpora- 
tion   maintaining,    Act   419,    §    7. 

Bridge  within  city  limits,   expense  of  building  or  reconstructing, 
Act  419,   §   2. 

Bridge   within    city   limits,    power   of    county   supervisors    to    re- 
pair,   rebuild   or  change   location  of,   Act   419,    §   1. 

Bridges:     See    Bridges 

Census,    taking   of    by,    Act   555. 

Charges,    county,    enumeration    of.    p.    ::19,    §    228. 

Claims,    actions    on,    costs,    p.    141,    §    43. 

Claims,    actions   on,    time    to   bring,    p.    Ill,    §    43. 

Claims,    allowance    in    part,    p.    140,     ^     12. 

Claim,  approval  and  allowance  of,  p.  140,   §  41. 

Claims,    district    attorney    not    to    present    or    advocate,    p.    163, 
§    134. 

Claim,   form  of,   p.    139,    §   41. 

Claims,   illegal   allowance   or  payment,   duty  of  district  attorney, 
p.    115,    §    8. 

Claims,    neglect    to    act,    action    on,    p.    140,    §    43. 

Claims,   no  fees  for  swearing  to.    Act  112:;,   p.   319,    §   227. 

Claims,   officers  charged  with  notice  of  extent  of,   p.   114,   §   6. 

Claims,    officer    allowing    in    violation    of    statute,    liability    of, 
p.    115,    §    7. 

Claims,  officers  not  to  present  or  advocate,  p.   138,    §  39. 

Claims,    rejection    of.    p.    140,    §    42. 

Claims,   time  of  filing,   p.   09,    §  fl. 

Claims   to   be   itemized   aud   verified,    p.    138,    §    40. 

Claims   against    by    supervisors,    proceedings,    p.    112,    §    49. 

Claims    against    state,    allowance,    settlement    and    payment,    Act 
799. 

Classification  of,   p.  169,   §  157. 

Commissions    for    collection    of   taxes,    payment    for,    prohibited, 
Act    4050. 

Commissions    for    collection    of   taxes,    county    not    to    bring   suit 
against   state    for,    Act   4C»19. 

Contracts  of,   contrary  to  statute  void,   p.   114,    §   6. 

County    fire     insurance     companies,     organization    and    manage- 
ment of,   Act  1667. 

County  seats,  p.   117,   §   11. 

County  seats,   removal  of,  p.   117,   §§   11,   12. 

Coyote   scalps,    bounty   on,    Act   851. 

Credit  of   not   to   be  given  or   loaned,    p.    114,    §   5. 

Division   of,    classification    in    case   of,    p.    320,    §    231. 

Division    of,    effect    of    on    salaries,    p.    320,    §    231. 

Demands,   form  of,   p.   139,    §   41. 

Donations   to,    receipt   of,    Act   1355. 

Donations  to,   receipt  and  appropriation  of,   Act  2338. 

Enumeration  of  county  charges,  p.  319,   §  228. 

Fees    of    certain    city    officers    in    criminal    action    not    a    county 
charge,    Act  1125. 

Franchises    for    roads    and    paths    for    horseless    vehicles,    Act 
1464. 

Funding   of    county    indebtedness,    Acts   369,    370,    373. 

Franchises    for    paths    and    roads    for    bicycles    and    horseless 
vehicles,    Act   1464. 
G«n.  Laws— 100 


i  COl'NTIES. 

Gifts,   authorized   to   recriv. 

Gifts,    an)  bold,    and    dispose    of. 

Grant*    and    don  'es,    etc.,    duties    of    suprr 

-.    p.    142,    5   51. 
Hours    of    lab   -  <irs    of    Labor 

Ind'-t  •',  contrary  to  statute  vfiid,   p.  114.   J  5. 

Jails. 
Joint  mi  atalnlng, 

Judi  .  nst   cities   and    count 

Lands  dr.  .    ■'.  p    164,   |]  136.  IS7 

I. 

litv    for    D 
I    ■ 

I.    55    5.    «. 
•>d    cities    and    counties    Of 
tlon  and  ■  :339. 

Name  .  f.   p.    U4,    5   3. 

by    In    nil 
114,   5  3. 
Mi  ■■• 

\  • 
Mi  a 

New,  I  Act  798, 

Officers   of.    p.    143,    ? 

00    ol    treasury 
claims    against.     I      IN. 

Payment   of  m  n   *>n   public   works,   eecur- 

! 
Paupers,    support    of:     Pee   Pad? 

ties    and 
■ 

[>.    114,    55    5,   6. 
of    count!. s.    pp     114-116,    | 
ri  >  ni.55   1.4. 

111.    5    2. 
lium   on   official    bond.  f  by.    An    | 

rer    P^.onn    author- 
ized  to   alter. 

Public  bull  •"   of,    Aei 

Publ 

Pub  "es. 

Pni  rlts. 

Railroad     companies,     authorized     to    become     stockholders     In, 

Supervisors    authorized    to    declare   election    day    a   t 

1469. 
1   ,  e   Toll    nridges. 

Wai  raj  1 1,  duties  of  audit  85  109  et  n 

Warrants,   I   ran         p    141 

Warrants,  >".  P    m.   5   M. 

,    ■  itioa  to,  i 

$3  67,  at  &eq. 


COUNTIES. 


Particular  classes. 


Salaries   of   officers  in   counties   of  the   first  class,   p.   173,    §   158. 
Second   class,   officers  of,   salaries,    fees,   and   allowances  of,   pp. 

173-182,    §   159. 
Second   class,    deputies   and   assistants   and   salaries   of,   pp.    173- 

182,    §    159. 
Third    class,    officers    of,    salaries,    fees,    and    allowances    of,    pp. 

182-190,    §    1G0. 
Third  class,   deputies  and  assistants  of,  and  salaries  of,  pp.  182- 

190,    §   160. 
Fourth   class,   officers   of,    salaries,   fees,   and   allowances   of,    pp. 

190-193,    §    lfil. 
Fourth    class,     deputies    and    assistants    and     salaries    of,     pp. 

190-193,   §   161. 
Fifth    claas,    offi  ers    of,    salaries,    fees,    and    allowances    of,    pp. 

103-197,    §   162. 
Fifth  class,   deputies  and  assistants  and   salaries  of,   pp.   193-197, 

§    162. 
Sixth   class,    officers,   salaries,    fees,   and  allowances   of,   pp.   197- 

199,    §    163. 
Sixth    class,    deputies    and    assistants   and    salaries   of,    p.    197    et 

seq.,    §    163. 
Seventh    class,     officers    of,     salaries,     fees    and    allowance     of, 

pp.    199-202a,    §    164. 
Seventh    class,    deputies    and    assistants    and    salaries    of,    p.    199, 

et  seq,   §  164. 
Bighth  class,   officers,   salaries,   fees,   and  allowances  of,   pp.   203- 

205,   §   165. 
Eightb      'iss,    deputies    and    assistants    and    salaries    of,    p.    203, 

§   165. 
Ninth    class,    officers    of,    salaries,    fees    and    allowances   of,    pp. 

2C5-20S,   §   166. 
Ninth  class,  deputies  and  assistants,  p.  205,   §  166. 
Tenth   class,   officers   of,    salaries,    fees,   and   allowances,    pp.   208- 

212,    §    167. 
Tenth    class,    deputies    and    assistants    and    salaries    of,    p.    208 

§   167. 
Eleventh    class,    officers    of,    salaries,    fees,    and    allowances    of 

pp.    212-217,    §    168. 
Eleventh    class,    deputies   and   assistants   and    salaries   of,   p.    212 

§  168. 
Twelfth   class,    officers,    salaries,    fees   and    compensation    of,    pp 

217-219,    §    1C9. 
Twelfth  class,  deputies,  and  assistants,  p.  217,   §  169. 
Thirteenth   class,    oflicers,    salaries,    fees    and    allowances    of     pp 

219-222,    §   170. 
Fourteenth   class,    officers,    salaries,   fees  and   allowances   of,    pp 

222-224,    §    171. 
Fifteenth    class,    officers,    salaries,    fees    and    allowances    of     pp 

224,    225,    §    172. 
Sixteenth    class,    officers,    salaries,    fees    and    allowances    of,    pp 

226-228,    §    173.. 
Sixteenth    class,    deputy    of    district    attorney,    p.    226,    subd.    8 
Seventeenth    class,    officers    of,    salaries,    fees    and    allowances 

pp.    228-230,    §    174. 
Seventeenth    class,    deputies    and    assistants    and    salaries    of,    p 

228,    §    174. 
Eighteenth    class,    officers    of,    salaries    of,    pp.    230-233,    §    175. 
Nineteenth    class,    officers   of,    salaries,    fees,    and   allowances   of 

pp.   234-237,    §   176. 


1581  COUNTIES. 

Nineteenth    class,    deputies    and    assistants    and    salaries    of,    p. 

|    176. 
Twenti.-ih     class,     officers,     salaries,     fees     and     allowances     of, 

pp.    237-240,    5    177. 
Twentii-th    class,    deputy    of    treasurer,    and    salary    of,    p.    240,    § 

Tweuty- first    class,     officers    of,     salaries,     fees    and    alli.v. 

of,   pp.   240-243,    §    178. 
Twenty-first    cla^s.    uvputy    of    district    attorney    and    salar; 

1.   subd.   8. 
Twenty-second   class,   officers  of,   salarios,    fees,  and  allow: 

PP.   243  249,    $    : 
Twonty-second  class,  deputy  of  dlfltrict  attorney,   p.  243,  subd.  8. 
Twenty-second    class,    deputies    of,    assessor    ajri  A,    p. 

243,   subd.   7. 
Twenty-third    class,    officers,    salaries,    fees,    and    all  > 

pp.    2i'J,   25U,    § 
Twenty-fourth    class,    officers,    salaries,    fees,    and   allowances  of, 
250,    261,    5 

I  of,   salaries,    ft  ••»  of, 

IP.    2.'.1,    262.    J 

Twenty-sixth   c.a 

I  p.    862-JS4,    |    . 
Twenty-seventh  class,  others  of,  salaries,  fees,  and  allow.. 
IT,    $    1!>4. 

.ilid     ailou   . 

Tw  Qty-nintn   class,   ollieers,  salaries,   fees,   and  allowances,   pp. 

..     ISO. 
Thirtii  lii    class,    officers    of,    salaries,    fi  ue,    and    allowanc  - 

Thirty- in  si  olaajs,   olllcers  of,   fees,  salaries  and  allowances,   pp. 

.    | 
Tliir  rs    of,    sal.i 

1^9. 
Thirty-third    class,    officer*    of,    salaries,    fees,    and    allowances, 

pp.  248-871,  5   ■■ 
Tnirty-ttii.d   cla=s,    deputies   of   assessor   and   salaries   of,    p, 

subd.    7. 
Thirty-iourth  class,  officers  of,  salaries,  fees,  and  alktw.n. 

.1,   §   m. 
Thirty-fourth    class,    d.  puty    of   assessor   and    salary    of,    p 

subd.    7. 
Thir  Ifiters,    salaries,    fees,    and    allowances,    pp. 

I  m. 

Thirty-tilth  class,  deputy  of  assessor  and  salary  of,  p 

7. 
Thirty-sixth    class,    officers    of,    salaries,    fees,    nod    allowances, 

pp.  11*3. 

Thir:  rs   of,    salaries,    fees,    and   allow.*. 

pp.    27S,    27y,    I 
Thirty-eighth     oiaea,     ollieers,     fees,     salaries,     and     allow. 

pp.   279-288,    §  ... 

Thir  lass,     deputies    of    assessor    ana    salaries    of,    p. 

Thirty  ei Kin li     class,     deputy    of    supenni.  I  ■!•  M     of    schools,    p. 

281,   subd.    11. 
Thirty- n  I  officers    of.    salaries,    fees,    ai.d    allowances, 

pp.   2^3,   186,    §    186. 


COUNTIES.  1iS9 

Thirty-ninth    class,    copyist    of    recorder    and    salary    of,    p.    283, 

subd.    3. 
Th  rty-ninth     class,     assistant    supei  intendent    of    schools,     aDd 

salary  of,   p.   254.   subd.   11. 
Fortieth    cl??s,    officers,    salaiies,    fees,    and   allowances,   pp.    285- 

2S8,    §    197. 
Forty-first    -l1  s.    officers   of,    salaries,    fees,    and   allowances    of, 

pp.   288-290,    §   198. 
Fony-seccnd  c.ass,      ulcers  of,   salaries,   fees,  and  allowances  of, 

pp.    290-292,    §    199. 
Forty-third    class,    officers,    salaries,     fees    and    allowances    of, 

pg.    292-294.    S    200. 
Forty-fourth    class,    officers    of,    salaries,    fees,    and    allowances, 

.pp.    294,    295,    §    204. 
Forty-fifth   class,    officers   of,    salaries,    fees  and   allowances,    pp. 

295-297,    §    202. 
Fifth-sixth    class,    officers,    salaries,    fees,    and    allowances,    pp. 

pp.    297,    298,    §    203. 
Forty-seventh    ela°s,    officers    of,    salaries,    fees    and    allowances', 

pp.    298-3f0,    §    204. 
Forty-eighth  class,   officers  of,  salarVjs,   fees,   and  allowances  of, 

pp.    300-302,    §    205. 
Forty-ninth   class,   officers  of,   salaries,   fees,   and   allowances   of, 

pp.   302,   303,    §   206. 
Fiftieth    class,    officers    o£,    salaries,    fees,    and    allowances,    pp. 

303,    304,    §    207. 
Fifty-first   class,    officers,    salaries,    fees,    and   allowances   of,    pp. 

304-306,    §    208. 
Fifty-second    class,    officers,    salaries,    fees,    and   allowances,    pp. 

306,   307,   §   209. 
Fifty-third    class,    officers,    salaries-,    fees    and    allowances,    pp. 

307-309,    §    210. 
Fifty-fourth   class,    salaries,    fees,    and    allowances,    pp.    309,    310, 

§   211. 
Fifty-fifth   class,    officers,    salaries,    fees,    and   allowances   of,    pp. 

310,  311,   §  212. 

Fifth-sixth    class,    officers,    salaries,    fees,    and    allowances,    pp. 

311,  312,    §    213. 

Fifty-seventh   class,    officers,   salaries,   fees,    and   allowances,    pp. 

312,  313,    §   214. 

COUNTS,  J.  P.  Title  to  certain  swamp  lands  to,  and  to  Myron 
Smith,   confirmed,   Act  4025 

COUNTY  BOUNDARIES,  Butte  and  Plumas,  boundary  "  line  be- 
tween,   Act   807. 

Butte    and    Yuba    counties,    boundary   line    between,    Act   SOS. 

Fresno  and  Tulare  counties,  boundary  line  between,  Acts  811, 
819. 

Glenn  and   Colusa  counties,   boundaries  between,   Act  810. 

Humboldt  County  and  counties  of  Del  Norte  and  Siskiyou,  boun- 
dary  line   between,    Acts    822,    909. 

Humboldt,  Mendocino,  Trinity  and  Klamath,  boundaries  be- 
tween,  Act   813. 

Inyo    and    Mono    counties,    boundary    line    between,    Act   812. 

Lake,    northern    boundary    of,    Act    S17. 

Lake  and  Yolo  counties,  boundary  line  between,  Act  820. 

Lassen,    northern    boundary  of,    survey   of,    Act   816. 

Mariposa   and   Fresno  counties,   boundary  line   between,   Act  S13. 

Plumas    and    Lassen    counties,    boundaries    between.    Act    809. 


1890  COt'NTIES— COVRT3. 

San   Luis  Obispo  and  Kern  counties,   locating  boundary  I'oe  be- 

Shasta  and  Lassen  counties,  boundary  line  between  changed  and 

located.    Act    - 
Shasta    and    Plumas    counties,    boundary   line    between,    Act   814. 
Siskiyou,    southern    h  UDd*ry   of,    surrey   of,    Act  816. 
COUNTY   CLERKS,     uknowledgments  by,   validated,   Act  2L 
Bond  of,   p.   146,    5   66. 
Bond  and   filing  of,   p  146,    9   66. 

ties    and    assistants    of.    Acts    K27,    828. 

assistants    In    counties    of    various    classes:    See 
Cou:. 
Deputies,   additional   In  counties  where  Judges   It.     ■  aitJ,   p.  317. 
Duties   of   ■  5    107. 

I,  I  7.    }    1. 

I    with,   p.  600.    S  8. 
if,    p.    601,    J    9. 
Office  hours,  p.  145,   5  61. 
•ioular  cou 

i    be    charged  ~lo,    Acts    823,    1128, 

p.  821,    ; 

Salaries   of,    in  various   classes:     See  Counius. 

:s.    ex-oillcio  clerk    of.    p.    US,    5    19. 

COUNTS    COURT,    power.-  d    on    superior   courts,    Act  846. 

IBNT,  uniform     system     of,     establishment     of, 

A<  ts   834  -37. 

I  V    BURV1  .-.    County. 

aera  in  Equity. 

. 

I    duties,    p.    123,    subd.    8. 
COURT    1  .    DISTRICT,    in    Sonoma   county,    rfc-estab- 

:i    of.    Act    3ul6. 
ration   of   Records. 
■:    Courts. 
■  in  office  of  clerk  of,  Act  840. 
:    to    pay    reut   of    courtrooms   out 

City 'Court:     see  City  Court. 

District  court  of  appeals,  appropriations,  to  provide  for  quarters 

for,    Act 
Juvenile    courts,    creat.on,    powers    and    duties    of,    Act    1 
Mayor    DC  to    act    as    justice    or    judge    in   cities    over 

regulating.   Act  Btt 

I     under    constitution    of 
■ 

n   to  relit   office  of  clerk  of,  Act  S40. 
■  its. 
Supreme   court: 

court    con  i  irt    Col    mission. 

of   reevrds   from  -  in«   prior   to    1879,    A 

d    of    writi  s     issued     before 

couiu,     L 


COYOTES— CRIMINAL    LAW.  1591 

COYOTES,    actions    against    state    for    bounties    on    scalps    authorized, 
Act    3792. 
Bounties  on  scalps  of,   Act  403. 

CRANES,     capture     and     destruction     of    prevented,     Act    1316. 

ORESCENT    CITY,    incorporation    of,    Act   856. 
Townsite  of,  location  of,  Act  857. 
Water-front    of,    ceded    to,    Act    859. 

CRIMINAL   LAW:     See   Larceny;   Prisons. 

Conspiracy,    meaning    of    limited.    Act    692. 

Conspiracy    to    commit    any    crime    against    certain    federal    offi- 
cers  and    govern  rs,    punishment    of,    Act    t»U3. 

Coroner's   inquest   in    state   prison,    costs   of,    Act  783. 

Costs    on    removal    of    criminal    action,    Act   837,    p.    320,    §§    229, 
230. 

Costs     of     trial     of     convicts     for     crimes     committed     in     state 
.    prison,    Act   783. 

Costs    of    trial    of    escaped    convicts,    Acts    736,    783. 

Counterfeiting    of    gold-dust,    prevention    of,    Act    793. 

Cruelty  to  animals,  prevention  of,   Acts  869-871. 

Creation   of  paper  to   circulate   as   money,    forbidden,   Act   2284. 

Cutting  of  hair  of  persons  convicted  of  misdemeanor,  Act  2834. 

Desecration    of    flag    prohibited,    Act   1198. 

Expenses  of  proceedings,  what  a  county  charge,  p.  219,  §  228. 

Fees    of   certain    city    officers    not    a   county    charge,    Act    1125. 
Felonv.    officfrs    being    interested    in    contracts    or    examining 
bids,   p.   653,    §   27. 

Flag,    desecration    of   prohibited,    Act   4225. 

Gaming:     See  Gaming. 

House   of   correction    of   San    Francisco:     See    San   Francisco. 

house    of    correction,    commitments    to,    Act    1540. 

Importation    of    convicts    into    state,    prevention    of,    Act    737. 

Improper    and    criminal    use    of   deadly    weapons,    prevention    of, 
Act    887. 

Industrial   school   of   San    Francisco,    Act  3237. 

Juvenile    court,    creation,    powers    and    duties,    Act   1769. 

Kidnaping    or    importing    Chinese    or    Japanese    females    for    im- 
moral   purposes,    Act   592. 

Lotteries,    prohibition    of,    Acts   2038,    2039. 

Married    women,    placing    of   in    houses    of    prostitution,    preven- 
tion   of,    Act    2796. 

Medical    certificate,    fraud    in    filing    a    felony,    p.    604,    §    13. 

Parole    commissioners:     See    Parole    Commissioners. 

Penalty  for   driving   into   logs   substances   liable   to   injure  saws, 
Act   2049. 

Posse    comitatus,    supervisors    authorized    to    pay    expenses    of, 
Act  3959. 

Preston    school    of    industry:     See    Preston    School    of    Industry. 

Prize-fighting   prohibited,    Act   2780. 

Prostitution:     See  Prostitution. 

Public    e>:ei  utions    abolished,    Act    864. 

Retaining    portion    of    salary    of    subordinate    officers    a    felony, 
Act   2549. 

Retailing      art  of  wages  of   laborers   in    public   works   a  felony, 
Act    2549. 

ird,   governor  authorized  to  offer,   Act  1387. 
dim:    Sse    Seduction. 

Separation   of   children   from   adults,   Act   1769. 


ILjI  criminal   law-dam:1 

'  ':>■    to    children,    incorporation    of, 

Btati 

<  1    descriptions    and 

I 

'rial   of  convicts   for   crimen 

\    • 
■ 

State   School. 

r     OALLBRT,     removal     of     mineral     cabinet     from 
slate    librnry    to.    Act   2200. 

to    animals,    prevention    of,    Acts 

•  ntlon     of    cruelty     to 
|   iratlon    of. 

il  ri  r    of    cutr.c    ffi't    for    wach    per- 

son. 

.  :nents,    validating   defective.    Acts    18- 

Appllcat'nn    of    John    D.    Justice    to    purchase   state    lands    vall- 

x     In    Sacramento    c.  I.    Act 

Acts  of  auditors  and  recorders  legn 

Con.  sinking    fund    of    San    Fran- 

3H.S.    3H9.    S150. 

on    of   sales    by    before   obtaining 

■ 

is,    acts    legalising:    See    Reclamation     Dis- 
tricts. 

lands,    vail.' 

rds    of    valii  . t    1.    Act    3367. 

•    t   3153. 
•■  ' 
• 

llngi 
I    by    C.    C.    Cook    vai; 

..191. 
I 
:  u<  hlo  of.     .  :       •       i  firmed.   A'-' 

>t    tax    coll.  cl  ira     In  iated, 

?wamp  lands  to  J.   P.   Counts  and   Myron   Smith 

my,    acta    of    pub'le    administrator    of,     legalized,     Act 

DAM/  causing    death    by    wrongful    act    or 

Act  2451. 

DAIH  Oh  omarKarine. 

I  I 
iitorney    to    prosecute    oBensea    under    d.nry    law.    Act 
876. 


DAIRIES— DEEDS.  1593 

Factories   of  dairy   products,   inspection   of,   Act  877. 

Inspection  of.   Act  877. 

Products  of  dairies,   inspection  of,   Act  S77. 

Sale  of  milk  belonging  to  diseased  cows,  prevention  of,  Act 
877. 

Sale  of  products  from  unhealthy  animals,  prevention  of,  Act 
876. 

Sale  of  products  produced  under  unsanitary  conditions,  preven- 
tion of,   Act  87S. 

Unsanitary  when,   Act  876. 

DAVISVILLE,    hoa;s    and    goats    running    at   large    in,    prevention    of, 
Act  882. 

DEAD    BODIES,     exhumation    and    removal    of,    regulation    of.    Act 
2S32. 

See    Cemeteries. 

DEADLY   WEAPONS,    improper    and     criminal     use     of,     prevention 
of,  Act  887. 

DEAF,     DUMB    AND    BLIND    ASYLUM,    directors,    powers    of,    Act 
892. 
Supply    of   water    for,    Act   893. 

DEAT- ..     Burial    permits,    issuance    and    registration    of,    Act   879. 

Certificates    of    deposit,    action    for    after    death,    limitation    on, 

Act  3876. 
Compensation    for    causing    death    by    wrongful    act    or    neglect, 

Act  2451. 
County   treasurer,   of,   proceedings  on,   p.   150,    §   85. 
Express    trusts,    execution    of    on    death    of    last    survivor,    Act 

4161. 
Record  of  in   cities  of  first  class,    pp.   740,   741,    §§   183,   184. 
Registrar  of  statistics,   who   to  act  as  in  cities,   Act  2348,    §   9. 
Registration  districts,   establishment  in  cities  and   counties,   Act 

879. 
Registration,   act  providiag  fnr,   Act  879. 
Registration   of,   act   governing,   Act   S79. 
Registration,    registrars,    coroners,    physicians    and    undertakers, 

etc.,    duties    and    powers,    Act   879. 
•Statistics   of:     See   Labor  Bureau. 
Surrender   of   dead   bodies   for   dissection,    Act  937. 

DEBRla:     See   Mines   and    Mining. 

DEBRIS     COMMISSIONERS,     appointment,     duties     and     compensa- 
tion  of,   Act   898. 

DEBT:    See  Public  Debt. 

DEBTOR    AND    CREDITOR:     See    Bankruptcy    and    Insolvency. 
Discharge   of   whole   of   debt  on   payment   of   part,   Act  6. 
Insolvent  law,   Act  1654. 

Legal  tender  notes  are  receivable  in  payment  of  taxes  and 
debts,  Act  1895. 

DEFDS,    acknowledgment   by    prisoner,    Act   2764. 
Acknowledgments:     See    Acknowledgments. 
Cemetery    corporation,    manner    of    execution    of    deeds    by,    Act 

550. 
Conveyances    by   persons    whose    names   are   changed,    Act   904. 
Torrens   laud   act,   Act  4115. 


DEER 


'    on     ML  Oosta    Coui.iy, 

•"13. 

Act    4358. 
tl»,    p.    40,    5    3. 

•  B,    of.    Act   743. 
}    3. 

>    16. 

■ 

n,   dfflnltlon   of. 

nlmals   of   another,    wounding    in,    punlsb- 
I   animals   In,    A 
\ 
iu    counties,    ]  1  n •  - 
Hui  prevention    of.    Act   1593. 

rip    thiiu   open.   Act   1593. 

■    914. 

I        013. 

9 18. 

\    I 

■ 

06    of    does    not    affect    existing 
5   1. 

U   of.    p.    333.    S    12. 
;md    experience,    examlna- 
p.    331,    §    9. 

t,   p.   334.    J   13. 
I 
;  .   331,    i   10. 

p    on    change    of 

iLlon  of  license,  proceedings  on   nmoval,   p. 

'.|8. 

i     3. 

1    6. 

a   and    iniWagt    of,    and    how    paid,    p. 

n,    and    iii 
!    14. 

ice  of,   p.   329,   S  *• 

^s,    quorum,    p.    339,    I 


DENTISTRY— DISEASE.  1595 

Dental    examiners,    number    of,    p.    329,    §    2. 

Dental   examiners,    officers    of,    p.    329,    §    3. 

Denta!    examiners,    organization    of,    p.    329,    §    3. 

Dental  examiners,   posMfflee  address  and  notices,  p.  330,   §  5. 

Denta!   examiners,   powers   and   duties  enumerated,   p.   329,    §  3. 

Dental    examiners,    rf-moval    of,    p.    330.    §    7. 

Dental    examiners,   qualifications,    p.   329,    §   2. 

Dental   examiners,   seal   of,   p.    "29,    §   3. 

Dental    examiners,    term    of  office,    p.    "29.    §    2. 

Dental  examiners,   vacancies,    filling   of,   p.    329,    §    2. 

Diplomas,    bestowing   of    by   co. leges,    p.    337,    §    20. 

Examination  of  applicants,   p.   330,    §   8. 

Examination,    fees    for,    p.    333,    §    U. 

Fees,    p.    334.    §    14. 

Fines,    penalties   or   forfeitures,    disposition    of,    p.    337,    §    2L 

License,    certificate   of    registration   of,    p.    332. 

License,   practicing   without,    unlawful,   p.   328,    §   1. 

License,   registry  of,   p.   381,    §   10. 

License,    revocation    of,    grounds    for,    p.    338,    §    211^. 

License,   revocation  of,   proceedings  for,   p.  338,    §   21%. 

License,    temporary,    issuing,    p.    333,    §    11. 

License,   where  issues,   p.  330.    §   8. 

Misdemeanor,    offenses    against    dental    law,    pp.    336,    337. 

Moneys   received,   deposit  in   bank  and   withdrawal   of,    p.   335,    § 

14. 
Offenses   against   dental   law,    punishment   of,   pp.   33G,    337. 
Physicians    and    surgeons,    rights    of,    p.    339,    §    24. 
Practicing   dentistry   defined,    p.    335,    §    15. 
Registry   of   dentists,    false-  entry,    liability   of   county   clerk,    p. 

332. 
Regulation   of  practice  of.   Act  921. 
rU;jroduction    of    register   of   boord    of,    Act    3016. 
DEPOSIT,    in   banks:     See   Banks  and    Banking. 

Certificates    of    deposit,    action    for    after    death,    limitation    on, 

Act  3S76. 
Deposit   of   moneys  or  assets  with   corporation   and   reduction   of 
bonds,    Act   1055. 

DEPOSITARY,  bonds,  deposit  of  money  or  assets  with  corpora- 
tion   and   reduction   of  bonds,    Act  1055. 

Corporation  acting  as,   rights  and   duties   of,   Act  1055. 

Corporations    as,    and    powers    and    duties    of,    Act   770. 

Corporations    authorized    to   act    as,    Act    1055. 

Deposit  of  moneys  or  assets  with  corporations  and  reduction 
of   bonds,    Act   1055. 

DEPUTIES:     See  Offices   and   Officers. 

Acknowledgments    taken    before    validated,    Act   17. 
County    clerks,    deputies    of,    Act    S28. 

DESCENT,   law  governing,   Act  927. 

DESCRIPTION,  photographs  and  descriptions  of  discharged  con- 
victs-,   giving    to    sheriffs    and   chiefs    of    police,    Act   2767. 

DESTROYED   RECORDS:    See   Restoration  of   Records. 

DETAINER,  forcible  entry  and  unlawful  detainer,  act  concerning, 
Act  1208. 

DIABLO    CREEK,    declared    navigable,    Act    932. 
DISEASE:     See    Public    Health. 

Contagious  ai.d  infectious,  amongst  animals,  prevention  of,  Axts 
179,  180,  877. 


••".8. 

^s    Injurious    to    fruit    tr.  '",r  ■    rrr" 

of.    Act    1 

>n    ot. 

he*  for  dUsoctlon.   Act  937. 

u     of     for  A«*     ™™» 

i.   of.    Tor   non-us.  r.    Acta     2S03.    1S7i.   40*. 

-    |«    cltlaa   ana    coun- 
tlon. 
\  P-    S1*-    *    ^,*• 

'  w-  i     .i       .„ 

proceed  a*aln«t  turaoo*  neglectln*  to 

Claim  a*-<  not   t0  prrarnt  or   ..  >    IJ' 

:it    and    Mlarlea    In    varlou*    counties 

1«.    II    1 

1     J. 
i  attorney*    and    their    ■uc- 

uty.     duty    of    dlatrlct 

let   943 
...il    to    pay    over    money*.    proc.od.nBa    a**ln*l, 
«.    W. 

Act   -jO*. 

in:    See  Coun- 

la    countte*:     See    Co.. 
.    l>0    luporior    courta.    Act 
84«. 

urts. 

D1T( 

.    Act   9W. 

DI\ 
DIVORCES,    a.  I 

Iji.V  ii  of.   Act  MO. 

\    ■ 


DOGS— DRAINAGE.  IS9V 

Protection   of  sheep   against  ravages   of,   Act  181. 

Stealing   of.    prevention    of,    Act   190. 

Worrying   or    killing    sheep    or   angora    or   cashmere    goats,    lia- 
bility,   p.    34,3,    §§   4,   5. 
DONATIONS:     See   Gifts. 

Counties,    In,    receipt  and   appropriation   of,   Act   233S. 

To   state,    receipt  and    appropriation   of,    Act   3782. 
DORRIS    BRIDGE,    name    changed    to   Alturas,    Act   970. 
DOWNIEVILLE,    incorporation    of,    Act    975. 
DRAINAGE,    agricultural    lands,   drainage   of,    Acts  982,   983. 

Cities   of    third    elas?,    drains    in,    pp.    811-816,    §§    531,    532. 

Colusa  and  Yolo  counties,   certain  lands  in,   of.   Act  649. 

Commissioner  of  public  works,   auditing  board  to,   duties  in  re- 
lation  to,   Act  2891. 

Commissioner   of   public   works,    duties   in    relation   to,    Act   2890, 
§    2. 

Districts,    organization    and    government    of    drainage    districts, 
Act  982. 

Issuance  of  bonds  by  cities  for  drainage  of  waters,   Act  2366. 

Levee  districts:  See  Levee  Districts. 

Promotion  of.    Act  980. 

Protection    districts:    See    Protection    Districts. 

Rapid,   promotion  of,   Act  3811. 

Sacramento    River    drainage    district,    creation   of,    Act   981. 

Sale  of  lands  uncovered  by  recession  or  drainage  of  lakes,   Act 
2857. 

Swamp  and  overfnwed  lands,    drainage  of,   Act  983. 

State  drainage  construction  fund,  abolition  of,  Act  984. 

State    drainage    construction    fund,     transfer    to    general    fund, 
Act  984. 

Ditches  and  drains  under  the  act  of  1903.     Act  986. 

Apportionment  of,   notice  to  owners,   p.   351,    §   6. 

Bond    on    petition    for,    p.    349,    §    1. 

Completion,   proceedings   where   owner   fails   to  complete,   p.   351, 

§   7. 
Condemnation  of  lands,   p.   353,    §   12. 

Construction,    damage   by  augmenting   waters,    p.    353,    §   11. 
Costs  o£   excavation   and   location  apportioned   to   lands  affected, 

p.    350,     §    5. 
Costs  of,   notice  to  owners,  p.  351,  §  6. 
Costs,    notice    of   apportionment   to    owners,    p.    350,    §    5. 
Costs,  proceedings  on   failure  to  pay,  p.   351,    §   7. 
County    surveyor    superintends   construction,    p.    352,    §    9. 
Encroachment,    failure    to   remove,    penalty,    p.    352,    §    10. 
Location  of,  p.  349,   §   2. 

Obstructions,    fai.ure   to   remove,    penalty,    p.   352,    §   10. 
Petition  frr,   p.   319,    §   1. 

Petition,    contest   of   and    evidence,   p.    350,    §    3. 
Petition   for,   hearing,   p.   319,    §   1. 
Petition,    hearing,    publishing   notice   of,   p.    349,    §   1. 
Petition,   publication   of,   p.    349,    §    1. 
Petition,    supervisors   may   grant  or  deny,   p.   350,    §   4. 
Repair  of,   p.   352,    §   9. 
Road  master  has  charge  of,   §   352,   §   9. 
Survey  of  lines  <■(  and  report,  pp.  349,  350,   §§  2,  4. 
Transfer   of   funds   from   drainage   const  ruction   funds   to   general 

fund,    Acts    1282,     12 
Treasurer,   duty  of  as  to  funds,  p.  351,   §  8. 
Treasurer,    compensation    of,    p.    352,    §    8. 


* 

I 

16. 

§  9. 

5    1*. 

14. 

.  nd    of    lands,    p.    347.    5    IS- 
14 

of    trustees,    P-    348, 

I    U,    19. 

5    3. 

intlaa,  p    340,   5  10- 
i    i- 

5  8. 

Pur  ',    17. 

j    10. 

■  '   987. 

■ns  and  pr  ntlng  and  defending,   p.  868,    §   26. 

p.    370,    §5    39, 
l  5    4. 

of    levying,    p.    3C6,    {    31. 
■ 

§  31. 

;.    J  J    88-90. 
..    §}   58-63. 
.    pp.    3s7,    388,     §5 

p.    364.    § 

:,t,   denomination,    etc., 

5    30. 
:    48. 

.  39. 

5    64. 

luslOD,    pp.    377-3*0,     ?5    64-71.    p. 
71 

ion  of  land  it,  5§  7i-S>7. 

. 

i  70,  i 

■  .    I'     •    •!.    8    3. 

5    16. 
c  .in,    railroad,    blghwav 

p    178,    ;   :. 


DRAINAGE.  1W9 

Contracts  and  bonds,   p.    372,    §   50. 

Costs   and   expenses   paid   out  of  construction   fund,   p.   373,    §   51. 

Debts,    limitation   on    power    to    incur,    p.    375,    §    56. 

Directors,    at   large,   p.   365,    §   5. 

Directors,    biennial    election   of,    p.    CC.9,    §    17. 

Directors,    changing   number   of,    p.    363,    §    25. 

Directors,   compensation   and  expenses,   p,  374,    §   53. 

Directors,    financial   statement,    publishing,    p.    358,    §   13. 

Directors,    limitation    on    power   of   to    incur    debt,    p.    375,    §    56. 

Directors,    meetings   of,    p.    35S,    §    13. 

Directors,    minutes,   p.    358,    5    13. 

Directors    not   to    be   interested    in    contracts,    p.    374,    §    54. 

Directors,  oath  and  bond,  p.  339.   §  17. 

Director,    office   becomes    vacant   cu    exclusion    of   lands,    p.    380, 

§    71. 
Directors,   office   of  and   change   of,   p.    360,    §    18. 
Directors,    one   elected    from   each    district,    p.    381,    §    72. 
Directors,    one    to   be   elected   from   each   division,    p.    355,    §    5. 
Directors,    organization    of,    p.    35S.    §    12,    p.    360,    §    18. 
Directors,  powers  and  duties  of,  p.  35S,   §  14. 
Directors,    qualifications   and   residence,   p.   355,    §    5. 
Directors,  quorum,   p.   35S,    §   13. 

Directors,  term  of  office,  p.   357,    §§  11,   12,  p.  360,   §   18. 
Directors,   vacancy,   p.    359,    §   17. 
Director,    vacancy    in    office    on    exclusion    of    land,    filling    of, 

p.    3S0,    §    71. 
Directors,    when   enter  on   duties,   p.   357,    §    11. 
Dividing  district  into   divisions,   p.   3C5,    §   5. 
Division,   dividing  district  into,   p.   381,    §   72. 
Division    of    district,    re-division    on    inclusion    of    land.    d.    386. 

§    87.  ' 

Division,   changing  boundaries  of,  p.  358,    §   15. 
Elections,  boards  of  election,   appointment  of,  p.   361,   §   19. 
Elections,   board  of  election,   oaths  of  officers,   p.   361,   §   20. 
Elections,  board  of  election,  duties  and  powers  of  oiucers,  p.  361, 

§   20. 
Elections,   certificates  of  election,   p.  363,    §  24. 
Elections,  form  of  ballots,  p    361,  §  20. 
Elections,   notice  of,   p.   361,    §   19. 
Elections,    polling   places,   p.   361,    §    19. 
Elections,   precincts,   p.   361,    §   19;  p.   381,    §   72. 
Elections,   returns,    canvass  of,   p.   362,    §   23. 
Elections,  returns,  p.  362,   §§  22,  23. 
Elections,    statement   of    result,    declaring    and    entering     r>     363 

§   24. 
Elections,  voting,   p.   361,    §   21. 

Election  on  organization,  contest  of,  p.   357,   §   10. 
Election    on    organization,    notice   of,    p.    356,    §    6. 
Election  on  organization,   canvassing   returns,   p.   356,   §   8. 
Election    on   organization,    qualifications  of   electors,    p.   356,    §   7. 
Election  on  organization,  two  thirds  votes  necessary,  p.  356,   §  8. 
Election   on   question   of   inclusion   of   lands,    pp.   384,   385     §§82 

83. 
Election    on    question    of    reducing    bonded    indebtedness,    p     3S6 

§§    88,   89. 
Election   on   question  of  special   assessment,    p.   374,    §   55. 
Election   to   determine   destruction   of  bonds,   pp.    387,   388,    §§    91- 

93. 
Eiclu  ion  of  lands,   pp.   377-380,    §§   64-71;   p.    381,    §§   73,   74. 
Exclusion    of    lands,    effect   of    on    debts,    liabilities,    etc.,    p.    377, 

§   64;  p.   381,   §§   74,  75. 


1SG0  DRAINAI  STREET. 

Exclusion,   guardian  or  executor  may  sign  petition,   p.   3^1.    5  73. 

Funds,  enumeration  of,   p.  372.    5   4t>. 

Guardian  t  may  sign  petition   for  inclusion  of  lauds, 

p.  : 
Inclusion    of    land.    ; 

i  organization,  p.  86S,   §  1. 
Officers   not  to   be   : 

Order   declaring   organizat  ling   and   OMng   with      super- 

5    9. 

|    1. 

5   9. 
■    9  2. 

"  i.   5  2. 

Petition,   illegal   elgi  K4,    5    l. 

I   2. 

•      ition   of,    p. 
tion.   who 
Powers,    rights  .    i. 

9  26. 

373,    5   52. 

35S.   {   12. 

T.i  \  ;  3   42-45. 

Title  of    :  .    p.   363.    ? 

of    prior    dlstr    ta    not    effected    bv    act 
p.   :  "  '  • 

DRAINS:  .ge. 

Li;  1  Q8:     S«€   Pharma-- 

Adi.  I    192. 

Alll! 

Analyzing 
Analyzing. 
Itinerant 

Paris  green,   fraud   in   sale  of.   pi  |    t  ?cn. 

Pa'  f,  Acl    :CH. 

.lion   of  salr   of,   Act   . 

DBUOOIE  •  larmacy. 

DDK  BILLS,  assignability  ot.  Act  260. 

in  mi.       B  Dumb  and   Ulind   Asylum. 

DYING    STATEMENT,   duty   of  ass.stant   district  attorney   to   take   In 

DYNAMITE:     See  Explosives. 

EARL:     See   Lake   Earl. 
BARN  1 1 

BASEMENT,    r.^lits  of  way   g 

EAST   STREET,   San    Francisco,   ban-  •horlzcd  to 

sell,  cod  i nd.  Act  14 

i 
alignment.    A   I 

n    if    harbor    commissioners    extended 
over,    Act   H-T 


EDUCATION— ELECTIONS.  1501 

EDUCATION:      See    Hastings    College    of    the    Law;      University      of 

California. 
Colleges:     See  Colleges. 
Incorporation    of    institutions    of    learning,      science    and      axt, 

Act   633. 
Schools:     See  Schools. 

EEL  RIVER,  salmon  fisheries  In,   protection  of,   Act  1326. 

EJECTMENT,    possessory  actions,    mode   of  maintaining   and   defend- 
ing,   Acts   2847,    284S. 

EL   DORADO   COUNTY,    agriculture   in,    protection   of,    Act  992. 

Animals   of   another,    wounding    in,    punishment   rf,    Act   1593. 

Animals,  prevention  of  injury  to  agriculture  from  trespassing 
of,    Act    992. 

Animals,  trespassing  of  on  private  property  in  Mud  Springs 
Township,   Act  997. 

Assessor,    authorized   to   appoint   one   or  rrore   deputies,    Act   993. 

Board  of  auditors,  creation  of  and   powers  of.   Act  994. 

Bonded   indebtedness   of,    funding  of,   Act  995. 

Bonded  indebtedness,   levy   of  tax   f>r  redemption   of,   Act  1004. 

Collector,   election   and   compensation   of,   Act  1007. 

Fees  of  officers  in,   Act  1001. 

Fences,   division   in,   Act  1138. 

Fences,   lawful,   in,   Act  996. 

Fences   in,   tearing   down   of.    prevention   of.   Act  1593. 

Firemen,   exemption  of  from  poll  tax,   Act   4063. 

Fires,   leaving   of,    punishment   of,    Act   1593. 

Funds,    treasurer   to    transfer   certain,    Act   1066. 

Highways    in,    Act   999. 

Hunting  on  inclosed  private  land,  prevention  of,   Act  1593. 

Inclosures,   passing  through  and  leaving  them  open.   Act  1593. 

Stallions  prevented  from  running  at  large  in,  Act  1063. 

Mud  Springs  township,  trespassing  of  animals  upon  private 
property  in,  Act  997. 

Officers,   fees   and   salaries   of,    Acts   1C00,    1001. 

Poll  taxes  in,   disposition  of  proceeds  of,  Act  1005. 

Rattlesnake  school  district  and  Wild  Goose  school  district  con- 
solidated,   Act    3543. 

Roads   in,   Act  999. 

Rrads,    improvement   of    in,    Act   998. 

Supervisors,    organizing   board   and    defining   duties   of,    Act   1002. 

Taxes,   levy   of  for  county  purposes,   Act  1004. 

Tax,   levy  of  for  redemption   of  bonded   indebtedness,   Act  1004. 

Tax,   special,   supervisors  authorized  to  levy,   Act  1003. 

Treasurer,  election  and  compensation  of,  Act  1007. 

Treasurer   of   to   transfer   certain    funds,    Act   1006. 

Trespassing   of   animals    in.    Act    1071. 

ELECTIONS,  bonds,   counties  auMiorized  to  vote  on  issuing  for  debts 

not    authorized,    Act    384. 
Bonds,    on    question    oi    Issuing    by    cities    for    expenses    of    year 

1883,    Act    383. 
Certificates  of  election,  issuing  of,  p.  136,   §  35. 
Charters,    elections    upon,    Act   1014. 
Charters    or    amendments    to    the    charters,    conduct    of    election 

up<on,    Act   367. 
Charter,   amendments  to,   election  upon.   Act  1014. 
Cities  of  second  class,   when  held,   p.   771,    §   301. 
Cities  of  third  class,  elections  in,  p.  807,   g   507. 
Cities  of   fourth   class,   elections  in,   pp.   828-830,    §§   602-604. 
Cities  of  fifth  class,  elections  in,  p.  867,   $   752;  p.  869,   §  756. 
Gen.  Laws — 101 


lt»2 

of  sixth  cla»s,   elections  ll 

•     city 

. 

'     D    days, 
OfTlo  :,   5  25,  subd.  3. 

•visors  maj  abolish  and  change,  p.   m, 

bo,  problbll 

■.ing    and    regulating, 

ny    a     holiday, 
■  Hon    days    prohibited.    Act 

D    day    a    holiday,    Act 
Bui 

■ 

:i   of  and   powers 

rmlttlng    cars    to    be    propelled       i>y. 
1  to  use  electricity  or  steam.  Act 

i;|   iCi  ill.  ■    Act   3076. 

■ 

111-,  p.    154,    {    105. 

I 

p.    164,    r- 
Wben  maj  be  .re?*,   p.   154,   5   105. 

BL   MONTE,    Lexington,   name  of  •'  •  "■■   Monte,  A' :   io;«. 

I.L     Mi 'NT'".     TOWNSHIP  Angeles    Couuty,     protection     of 

[RATION,    promotion   of   emigration   from   state,    Act  1 

MAIN,    cities    aul  •    acquire      water,      water 

EMPLOYMENT: 

EMPLOYMENT    AGENTS,    duties  and   liabi  J"36. 

IMPMEN1  '■    t0    Dc     '  ''    in^ruc- 

i 

5VMENTS:     See  Trusts  and  Tru 

11.   regulation,   powera 
an  1  duties  of,  Act  1664. 


ENGINEER— ESTABLISHMENT   OF   TITLES.  1*» 

ENGINEER,    cities    of    second    class,    appointment    and    duties    of,    p. 
793,    §    377. 

ENGINEER,    STATE:     See   State   Engineer. 

ENTRY,    forcible    entry    and    unlawful    detainer,      act      concerning, 
Act  1208. 

EQUITABLE    LIFE   INSURANCE    CO.,    authorize'd    to    invest    money 
in   California,    Act   1670. 

EQUITY,    commissioners   in:     See   Commissioners   in   Equity. 

ESCAPE,    arrest,    trial,    recommitment    and    punishment    of    convicts 
who    have   escaped,    Act   1041. 
Costs  of  trial  of  escaped   convicts,   Acts  736,   7S3,   3859. 
Sheriff,   liability  of,  p.  152,   §   95. 

ESCHEATS,    act   concerning,    Act   1046.      . 

Aliens   to   claim   inheritance   within   five  years,    Act  124. 
Sale  of  escheated  estates,  Act  1047. 

ESTABLISHMENT    OF    TITLES,    action    how    commenced,    Act    1048, 
§   2. 
Action.    »rflex    of    to    be    kept,    Act    1048,    5    13. 

Actions,  register  of  to  be  kept,   Act  1048,_  §   13. 

Action   to   be   brought   before   what   timer  Act   1048,    §    18. 

Action,  where  brought,  Act  1048,   §  1. 

Adverse   claimants,    names  and  addresses   to  be  set  forth   when 

known,   Act  1048,    §   5. 
Adverse   interests,    to    be   set   forth   in   affidavit,   Act  1048,    8"  6. 
Affidavit   of   plaintiff,    Act   1048,    §    5. 
Affidavit,    to   contain   what,    Act  1048,    §   6. 
Affidavit,  when  filed,  Act  1048,   §   5. 
Affidavit,    by   whom   to   be   made,    Act   1048,    §    5. 
Answer,    tn    contain    what,    Act    1048,    §    8. 
Answer    to    be    verified,    Act    1048,    §    8. 
Appeals,   rules  for,   Act  1048,    §    12. 
Appearance,    who   may  make,    Act  1048,    §    8. 
Appearance,    when    to   be   made,    Act  1048,    §    8. 
By  action   in   rem,   when,   Act  104S,    §   1. 

Character  of  estate  to  be  set  forth  in  affidavit,  Act  1048,    !   6. 
Clerk,   duties  of,   Act  1048,    §   13. 
Complaint   to   contain    what,    Act   1048,    §    2. 
Complaint   to   be   verified,    Act   1048,    §    2. 
County   includes   city  and  county,   Act  1048,    §   16. 
Default,    no   judgment  by,   Act  1048,    §   9. 
Defendants'  in  action  to,  Act  1048,    §  §   1,  2,  15. 
Depositions,   taking  of,   Act  1048,   §    12. 
Evidence,    rules   of,    Act   lu48,    §    12. 
Ignorance  of  required  facts,  grounds  of,   to  be  stated,   Act  1048, 

§   5. 
Index  of  actions  to  be  kept,  Act  1048,   §   13. 
Judgment,    to    ascertain    and   determine    what,    Act   1048,    8    H. 
Judgment,    effect   of,    Act  1048,    §    11. 
Juagnient,    recordation    of,    Act    1048,    §    11. 
Judgment-roll    may    be    recorded,    Act    1048,    8    11- 
Jurisdiction,   extent  of,   Act  1048,    §   7. 
Jurisdiction,    when    obtained,    Act   1018,    §    7. 
Limitation  upon  time  in  which  to  bring  action,  Act  1048,   8  18. 
Lis   pendens,    filing   of,    Act    1048,    §    9. 
Lis    pendens,    contents    of,    Act    1018,    §    9. 
Lis   pendens-,    recordation   of,    Act  1048,    §    9. 
Mailing  of   summons   and   comp'aint,   Act   1048,    8    8- 


■M  ESTABLISHMENT    "F    TITLES—  F.XE<  TTIONB. 

t  •;    kept    by    ncvrder.    Act    K4S.    }    9. 
11 
■  MIT    In    action    for.    Act    1048,    II    1.    2.    15. 

r.    Art   1048,    |    9. 
..ling,    rules  of.    Act    1    !\    I    12. 
Practice,    rules    of.    Act    I 
Publication    o/   sunv  I04S,    14. 

Terror  '  '  |  $,  IT 

•  lens,   Act  1<"'4R.    |   9. 

|  is. 

I    17 

•  rt   1MB)    I  14. 
•      I      serred.    Act  104«.    |   14. 

.Hon,     Art    1148.    I    4. 
T^4S.    |    6. 
'■>rth    In    affidavit.    Act   1048.    |    t. 

Punv  Ms    of.    Act    KM8.    II    8.    4. 

p    publisher    of.    Act    104<<.     f    4. 
'       Art    1^9,     |    4. 

9    6. 

at    of.    Act    l    |g,     J    « 

|    18. 

4    action.    Act    1^48,    ||    1.    |,    IB. 

FPT\TFS    or    DBCHDBNTS:      c^«    Public   Administrator* 

Claims   paM    wltlmi:'  .illtlrs.    allowance    of.    Act   l^M. 

by   next  of  kin   of  deceased, 

Art 

■rd    dl«tr"  envrnlnn,    Art 

■ale  of.  Art  1064. 
\ct   2785. 
I    • 

Validation    .  by    public    administrators    before    obtaining 

• 
EST-:  '  !   Animals. 

r   towns.    In:     See  Particular  Title. 
ETNA.    Incorp' 

ly,   Siskiyou  County,   changed   to   Etna, 
Act    I 

Sartor  of.    A^-t   1084. 
Clark's   add'tlon   to,    survey  of   legalised,    Act   low. 

ill  of.   to  sit  as  board  of  equalization.   Act  1087. 

'bllshment  if   In.    Act  1088. 

by   officers   of  cities   of   first  claw  as  evidence, 
p.    699.    5   98. 

Pep    Judicial    Notice. 
\amlners. 
iiitborlzpd   to  bid   In   property  under 
■      of  ?  tali  .    eVof   I ' 
FTrp'  ■  ted    on    attachment    nr    execution    and 

how    paid.    p.    31R. 
Justices'  court  itlons  from.   Act 

Sheriff,    dul  'labilities    regarding,    pp     1M    et    srq..    5    8f 

ct    I 
Unsafe    bank<>.    proceedings    against,    effect    on    attachments    or 
executions,   p.   50. 


EXECUTIVE     SECRETARY— FEEBLE-MINDED     CHILDREN.     1603 

EXECUTIVE    SECRETARY   of   United    States,    assault   upon,    punish- 
ment   of,    Act   603. 
Of    United    States,    conspiracy    to    commit    any    crime    against, 
punishment   of,    Act   693. 
EXECUTORS    AND    ADMINISTRATORS,    bonds,    deposit    of    money 
or   assets   with    corporation    and    reduction   of   bonds,    Acta 
1055. 
Corporation  acting  as,   rights  and  duties  of.   Act  1055. 
Corporations   authorized   to  act  as,   Acts  770,   1055. 
Deposit  of  irnneys   or  assets  with  corporation   and  reduction  of 

bonds,    Act    1<"'55. 
Validation    of    sales    by    public    administrators    before    obtaining 
letters,    Act   2S09. 
EK-OFFICIO   OFFICERS,   signatures  of,   Act  2550. 

EXEMPTION,    po'l    tax.    exemption   of   firemen   from   in   certain   comi- 
ties,   Act   4063. 
EXPERT,   coniroller,   ti\   compensation  of,   Act  731. 
Controller,    to,    creation    of   office   of,    Act   731. 
EXPLOSIVES,    malicious    deposit,    punishment    of,    p.    403,    §    8. 
Police  office  may  sue   for   forfeiture,   p.   404.    §    10. 
Reckless   or    unlawful    possession    of.    p.    401,    §§    5-7. 
Records   of   sales   of,    pp.    400,    401,    §§    1-4. 
Transportation  of  high  explosive,   p.   403,    §   9. 
EXPOSITIONS,    special    tax    to    exhibit    county    products-    at    exposi- 
tions   authorized.    Act   4041. 
Tax    to    display    products    at,     supervisors    authorized    to    levy, 
Act   3963. 
EXPRESS    TRUSTS,    execution    of,    on    death    of    last    survivor,    Act 

4161. 
EXTENSION    OF   TIME,    effect   of,    Act   1094. 
For  what   acts,    Act  1094. 
No   application    to   criminal   acta,    Act   1094. 
Until    what    time,    Act   1094. 
EYES:     See   Optometry. 

FACTORIES:   See  Manufacturers. 

Sanitary    condition    of    workshops    and    factories,    provisions   for, 
Acta  109S,   2139,   2841. 
FAIRS     tax    to    exhibit    county    products    at    expositions    authorized, 

Acts    3963,    4041. 
FARES,  rat'JS  of  on  street  railroads  in  cities  over  100,000,  Act  2929. 
FARMERS'    INSTITUTES,    ho.ding    of    by    regents    of    university    of 

California,.  Acts   4252,   4259. 
FEATHER    RIVER,    bridge   across    declared    a    free    bridge,    Act   1103. 
Bridge    across,    supervisors    authorized    to    construct,    Act    4005. 
Navigability   of,    Act   4358. 
Survey   of   outlet  of,   Act  1104. 
FEDERAL  GOVERNMENT:     See  United  States. 

FEDERAL    OFFICERS,     assaults    upon      certain,      punishment      of. 
Act    693. 
Conspiracy    to   commit    offense    against    certain,    punishment   of, 
Act    693. 
FEDERAL  PRISONERS,   confinement  of,   Act  2768. 
FEEBLE-MINDED    CHILDREN,    tct   providing   for    improvements    at 
home   for,   Act  1115. 


MINI. CD    CTMI.  L'S. 

California    home    for    ;  and    training    I  '  -,ment 

-nmrnt  an«l   management  of  homo  for,    Ac! 

Idl(V  Uj    be   ad- 

Act  inn 
i    site   for   home   for.    Act   1110. 

1113. 
R|Kn'  borne  gra:  rs   of 

S»  noma    County.    Art    1112. 

Act  mi 

6u''  k-e   location 

i    ■ 

'aim    cerUin   realty    to    trustees 

I  t   for  to   be  given,   p.   BO,    t   223. 

Al''"  •     successors. 

I    to    be   pnld    by    appl.cant    for.    | 
Architect,    for  |    4 

Ar.  • 

and    other   cbargea 

Atu  >ure   su:t»    to   be    fixed   by   court.    Act 

Board   of  accm  -  M  that   may  be  charged  by.    pp.    2     3, 

}  2.  subds.  4.  S. 
Cities    of    set. .ml    cln^s.    fees    to    be    paid    Into    I 

>nds    against   counties,    no    fees    for   sweiriruj    to. 

■ 
Con  i.al     cases    a    county     charge      D 

751 

of  first  class   receive  no  fees,   p.    :: 
-ta. 

M    witness    outside    of    cit x  I    expense*. 

P.   J 

p  and  other  offi 

for    applicants    to   practk.  ,    .  14 

r    .  - 

D  duty  where  f-  d    liability 

p.  US,    5 

¥       book,   delivery   to  successor,   p.   316,    { 

Fee  book,  open  to  Inspection,   p.  316.    5   1 

-a   corporations.  red   of,   Ai  I 

is  corpus,   no   fees  to  be  cbargi  . 
Illegal,   supervisors  to  remove  .>mc<. i s  collecting,  p    320    5   "25 
Jurors   of.    Acts    tll9.    IIL'3.    p.    414. 
Jurors,    a   coui  tj»    cbai  .,].   4, 

Jurors,    paym      I     of    fees    of    Jurors    who    have    served    as    such, 

Jurors   In   counties  of  seventh  class,   Act  S3".    }    164 

Jurors,    In    counties   of   tv  ;$_ 

Jurors,   In 

Juruio,    .u   couuLics   ol    tuny  ninth   da 


FEES-FENCES.  160'f 

Jurors     serving    since     1896    and     not    paid,     payment    of    fees, 

Act  1124. 
Law  libraries  in  cities  of  first  class,  fee  for,   p.   7C<3,    §   127. 
Mannei   of  paying  in  cities  and   cities  and  counties  over  100,000, 

Act   1121. 
Medicine,  on   application   to  practice,   p.   59S     5    5, 
Naturalization,  no  fees  to  be  charged,  p.  321,   §  227. 
Notaries,    fees    for    publication    to    be    paid    in    advance,    p.    144, 

§  57. 
Oath    of   office,    no    fee    for    administering    or    certifying,    p.    321, 

§   227. 
Officers,  of,  Act  1119. 

Particular  counties:     See  Particular  Title. 
Particular   officers:      See   Particular   Title. 
Payment   into   county   treasury,    p.    316,    5    216. 
Pension    claimants,    county    clerk    to    take    affidavits    of    without 

fee,  Acts  829,   2641. 
Pension   matters,    no  fees   in,   Act  1122;   p.   319,    §   227. 
Poster  of  fees  of  justices   and  constables,  p.   318,    §   224. 
Prepayment  necessary  except  in  certain  cases,   p.   318,    §    221. 
Prepayment  not  necessary  in  habeas  corpus,  p.  318,   §  221. 
Prepayment    of    fees    not    necessary    in    naturalization,    p.    318, 

§    221. 
Quarantine   officers,  cities   of   first  class,    p.   740,    §    180. 
Receipt  for  to  be   given,   p.   318,    §   223. 
Removal  of  criminal   action,   on,   p.   320,    §§   229,   230. 
Salary  fund,  payment  of  fees  into,  p.  317,  §  219. 
San   Francisco,   fees   of  jurors   and   witnesses    ;n.    Act  3217. 
San  Francisco,  regulation  of,  repeal  of  act  relating  to,   Act  3346. 
Statement  of  and  affidavit,   p.   316,    §   218. 

Statement  of  fees  to  precede  warrant  for  salary,  p.  318,   §  221. 
Taxes,    for   assessment,   etc.,   of,    abolished,   Acts   4048,    4049. 
Taxes,    collection    of,    payment    by    state    to    county    or   city    for, 

prohibited,    Act    4050. 
Treasury,   when  to  be  paid  into,   p.  316,    §   218. 
Witnesses,    of,   Act  1123. 
Witnesses,   p.    414. 

Witnesses,  a  county  charge,  p.  319,   §  228,  subd.  4. 
Witnesses,   in  counties   of  thirty-fourth  class,   p.   274,   subd.   19. 
Witnesses,   in   counties  of  thirty-eighth  class,   p.   2S3,   subd.    lfi. 

FELONIES,     assault    upon    certain    state    and    federal    officials,    Act 

693. 
Cons-piracy    to    commit    any    crime    against    certain    federal    and 

state   officials,   Act  693. 
Explosive,  malicious  deposit,  p.  403,   §  8. 

Explosive,   reckless  or  unlawful  possession  of,   p.   402,    §§   5,   7. 
Medical  certificate,   fraud   in  filing,   p.  604,    §   13. 
Officers  being   interested  in  contracts  or  examining  bids,   p.   653, 

§   27. 
Retaining  portion   of   salary  of   subordinate  officers,    Act  2549. 
Retaining  part  of  wages  of  laborers  on   public   works,    Act  2549. 

FELTON,    incorporation    of,    Act   1129. 

FENCES,    division,    construction  of,   Act   1138. 
Division,   height  of,    in   cities,   Act  1139. 
Lawful   fences,    acts   concerning,    Acts   1134-1137. 
Leaving  open  of  inclosures,   prevention  of,  Acts  1140,  1141. 
Particular   county    in:      See    Particular   Title. 
Partition,   height  of   in  cities,   Act  1139. 


1G08 


fences— Finn    : 


Passing   through    inclosures   and    leavit  p    t!  ■  ni    open,    prevention 

Of,     Art     U). I. 

Tearing    6  WO    fences,    prevention    of.    Art    ; 

Tearing    down    to    make    passage    through,    prevention    of,    Acta 
1140,   4144. 

r'ERIiiKS   across   navigable  streams   betwen   counties,    establishment, 
maintenance  and  expense,  Act  11 17 
District   attomi  persons   neglecting   to   pay 

-:y   or  bride 
B*tablishm<  tit    of    in    Stanislaus    County   on    San   Joaquin    River, 

Act    1761. 
Public,   act   concerning,   Act   1140. 

V    DCPOT,    bonds,    issuance   and   sale  of   for  construction   of  In 
San  Francisco,  Act  1152. 

FERTILIZER?,    sa'e    of    fertilizers    and    manurlal    materials,    regula- 
tion of.    I 
University    of    California,    powers   and    duties    In    regard    to    sale 
of,    pp.    420-428,    Si    3-11. 

PIDDLBTOWN,    MUM  --hanged   to   oirtn.   Act  llf.1. 

Hi>gs  and   goats   pr- ■-.  .    running  at   large   In.    Act    U 

FINI-HRS,    lost   property.    A 

FINES,     act    Imposing    on     Immigrants    unable    to    became    citizens. 
Act   1588. 

FIRE,    forest    fires    on    public    land,    prevention    of    destruction    by. 
Act  1168. 
ma  city,   prott  etion   of  ap  . 
Leaving  of,   punishment  of 

•  .'.    city,    protection    of   against,     I 
Spark   catchers,    u;-'    i  f  01 
Starting    in    hay,    grain,    stubble,    or   grass,    a  misdemeanor.    Act 

FIRE    DEPARTMENT,    In    cities    of    first    class,    officers    of,    salaries 

of,    Acts   11-  '.    1181. 
Cities   of   first    -Mass,    lire  department   In,    provisions   relating    to, 

pp.    724-782,    5§    142-181. 
Cities  of  second  class,   removal   of  members  of.   p.   790,    5   358. 
Cities  of  fifth  class,  fi--e  department  in,  p.  893,   5  M3. 
Fire  alarm  and  police  telegraph,   pp  164. 

Firemen,   exempt   firemen '■   relief   n  176. 

men,   exempt   fln  mi  n.  enrollmei  I  s.   Art   ii76. 

■men  to  be  gxaj  ;  179. 

ncn's    relief   fund,    ti  :  oinpanies   to    pay 

certain  premiums  for.  Acta  1177.  1668.         > 
Insurance,    fire:  :'.    li-.iith   and   insurance   fund,   creation 

of.  Acts  117.",.   1175. 

hers   to   be   granted    yearly   vacations.    Act   1179. 
Pensions    for    firemen,    supervisors    auth.  rlzed    to    provid. 

1178. 
Penal  D    fund,    creation   of,   Act   1175. 
Increasing  efficiency  of  in  cities  of  first  class.   Act  U 

tax,   fir- ■in-  i  .  •  xemption  from   li 
San    Francisco,    in.    Act   8 
Unincorporated    cities    and    towns    authorized    to    maintain,    Act 

1174. 

FIRE    INSURANCE:    See    Insurance. 


FIBE    MARSHAL— FLUMSS.  1609 

FIRE  MARSHAL,   in  cities  of  first  class,   p.  663,   subd.   29. 

FIREMEN:     See  Fire  Department. 

FIRE  PATROL,    establishment  of  by  underwriters,   Act  1188. 

FISCAL    YEAR,    changing    in    cities    operating    under    charters,    Act 
1193. 

FISH:     See   Game. 

Alameda   County,    destruction   of  fish   in   prevented,    Act   1323. 

Aliens  prohibited  from  fishing  in  waters  of  this  state.   Act  1320. 

American   River,   removal  of  obstructions   in,   Act  1303. 

Bolinas   Bay,    destruction   of  fish   in   prevented,   Act  1324. 

Butte  Creek,  protection  of  fish  in,  Act  1325. 

Catfish  not  to  be  caught  except  by  hook  and  line,   Act  1321. 

Chinese  prohibited  from  fishing,  Act  125. 

Commissioners    authorized    to    construct    hatchery,    Act    1309. 

Commissioners  authorized  to  dispose  of  hatchery  on  Battle 
Creek,   Act  1310. 

Commissioners!  authorized  to  dispose  of  steam  launch  and  re- 
place  it,    Act  1307. 

Commissioners  authorized  to  import  game  birds,  Act  1308. 

Commissioners  authorized   to  provide   launch,   Acts  1305,   1306. 

Commissioners  authorized  to  purchase  land  at  Sissons,  Acts 
1301,   1302. 

Commissioners  authorized  to  remove  obstructions  in  American 
River,  Act  1303. 

Costs  of  trials  of  persons  violating  laws  paid  by  state.   Act  1335. 

Eel    River,    salmon   fisheries    in,    protection    of,    Act   1326. 

Fishing,    regulation   of   vocation   of,    Act   1319. 

Fishing,  revenue  for  protection  and  preservation  of  fish,  Act 
1319. 

Fishways  in  streams  frequented  by  migratory  fish,   Act  1322. 

Fishways  in  streams  frequented  by  salmon,  shad,   etc.,  Act  1322. 

Hatchery,  commissioners  authorized  to  construct,  Act  1309. 

Hatchery  on  Battle  Creek,  commissioners  authorized  to  con- 
struct, Act  1310. 

Hatchery,   purchase  of  land   for  at  Sissons,    Acts  1301,   13o2. 

Hatchery  at   Sissons,    improvements   and    repairs,    Act    1302. 

Kings   River,   destruction   of  fish  in   prevented,   Act  1328. 

Lake   Bigler,    protection   of  fish   in,    Act  1327.  . 

Lake   Merritt,    destruction   of  fish   in   prevented,    Act  1317. 

Napa   County,   protection   of  fish   and   game   in,    Act  131S. 

Napa   River,   prevention   of  destruction   of   fish   in,   Act  1329. 

Pitt   River,   obstructions   in,   removal   of,   Act  1304. 

Plumas  County,   protection  of  fish  in,   Acts  1331,   1332. 

Salmon  fisheries  in   Eel  River,   protection  of,   Act  1326. 

San  Antonio   Creek,   preventing  catching  of  fish   in,   Act  1330. 

Sierra   County,   protection   of   fish   in,   Acts   1.331,    1332. 

Siskiyou   County,    preservation  of   fish   in,    Act  1333. 

Sonoma   Creek,   prevention   of  destruction   of  fish   in,    Act  1329. 

Supervisors,  powers  of,   p.   132,   subd.   28. 

Warden,  fish  aod  game,  creation  of  office  of,   Act  1300. 

Warden,   fish   and  game,   powers,   duties  and   salary.   Act  1300. 

FISHERMEN,    harbor    commissioners    to    set    apart   portion    of    water 
front  of  San  Francisco,  Act  3230. 

FLAG:     See  United   States   Flag,   Act  4225. 

Desecration   of  flag  prohibited,   Act  1198. 

FLUMES,  co-owners  of,  mutual  rights  and  liabilities  of,  Act  950. 


KM 


roi-^nji-  ]■-'. 


FOLSOM.  state  prison  at:     See  State  Prisons. 

Saciamrnto    city    to,    construction    ol  from.    Act 

FOODS,  analyzing.  Art 

FORCIBLE    ENTRY,    forcible   entry   and   unlawful    detainer 
cernlng.  Act  U 

FORECL.OS1RE,   attorneys  fees  and  other  chaws,  abolition   of.    \   t 
2330. 
Sultfl  for,  attorney's  fres  to  be  fixed  by  con- 

FOREIGN      CO  I  to    do    business    on 

tcrtu:- 
Certlfled    r  >pjr   ol    extli  l«s   to   be   Ol. 

To   designate   person    upon    w  U  in    pro 
T74,    775. 

FOREIGN     KIRK     I'.  "     COMPANIES, 

mma  by  Into  firemen's  relief  fund,  Act  1177. 

FOREIGN    IN8URANI  PANICS,    Are,    U 

premiums   to    flriiueu'e  relief   fund.    Act   1668. 

FOREIGNERS:     See  Aliens. 

t   RESERVATION,  consent  of  state  to,  Ac 

FORESTRY:     See   Horticulture. 

Approprlatl  >n   for  experimental  station,    \ 

liuard    <<(.    property    assigned    In    u  a.    Act 

Board    of,    creation    of 

Board   of.  ISIS. 

Board    of,    powers   of  enlarged. 

Fund,    forestry.  I 

Joint     investigation    with    fcdiral    government    for    preserving, 

Money    appropriated    for    forests,    state    board    of    examiners    to 

control,    Act    1 
Mod  -I   from   United    States,   appropriated    i 

tion   and   prol  t  1217. 

Protection   and   ma;  inds,    Act    1-10. 

State  board  of,   creation   of.   Act 

ite  board  of,  i  '        L216. 

Violation   of   act   relating    to,    punishment    of,    Act    1. 

FORESTS,    fires    on    public    land,    pr.  ru  Hon    by,    Art 

1163. 
Joint   investigation   with   federal   government  of  fort-      I 

tion,    Act  43C7. 
Suporvi^rs  autU  :  u>  d  to  appropriate 

Act   837,    § 
Supervisors    authorized    to    api 

FORFEITURE,  life  insurance  policies,  forfeiture  of,   Aol 

fort  Jones.  Incorporation  of,  Act  l 

FRANCHISES,    i  franchises    for   paths 

and   roads   for,    Acts   1234,    1461. 


FRANCHISES— FRESNO    COUNTY.  I611 

Booms,  to  construct,  Act  392. 

Conditions  governing  granting  of,   Act  1229. 

Gas  companies,   granting  cf  franchises  to.  Act  1342. 

Granting  of  in  cities,  Acts  1230-1234. 

Paths    and   roads    for   biaycles   and    horseless    vehicles,    for,    Act 

1464. 
Sa'.e  of,  act  regulating,  Act  1229. 
Sals  of  in  cities,   Acts  1230-1232. 
To    construct    railroads    beyond    city    limits    to    public      parks, 

Act  2930. 
Toll  bridges,    for:    See   Toll   Eridges. 

FREEHOLDERS,  boards  of,  election  of,  Acts  367,  1014. 

FRAUD,   corporations,,  frauds  by  officer   or  agent  of,   punishment  of, 

Act  771. 
Fraudulent  conveyances,   act  concerning,  Act  1239. 

Fraudulent   conveyances,    act   concerning,    Act  1^39. 
Misrepresentations  of  conditions  of  employment  a  misdemeanor, 

Act  2140. 
Peris  green,   fraud  in  sale  of,   prevention  of,  Act  2614. 
Faris  green,    regulation   of   sale   of,    Act  2614. 
Fayments  on  state  lands  forfeited  to  state  in  case  of  Act  3825. 
Stamping   and   labeling   ;iodu.e   and   manufactured   goods,    fraud 

in,    Act  2100. 

FRAUDULENT    CONVEYANCE,    act    concerning,    Act   1239. 

Married  women,   incumbrance  or  fraudulent  conveyance  of  real- 
ty by,   prevention  of,   Act  2110. 

FREE    LIBRARIES:     See   Public   Libraries. 

FRESNO   CITY,    ar.imals   and    fowls,   certain   prevented   from  running 
&t   large   in,    Act   1253. 
Fire,    protection    of   against,    Act   1252. 

FRESNO    COUNTY,    animals,     trespassing    of,,    on    private    property, 

prevention  of,    Act  1069. 
Auditor   and    recorder,    separation    of   offices    of,    Act   1259. 
Auditor,   salary  of,  Act  1259. 

Bonds   for   construction   of   certain   roads  and   bridges,   Act  1266. 
Bonds  of  tax  collectors  of,  Act  12G9 
Branding  of  calves  in,  Act  183. 

Classification  of  township  in,  Act  837,  §  164,  subd.  13. 
County   seat,   locating,    Act   1258. 

Court   house,    funds   for   improvement   of,    Act   1260. 
Fresno    and    Tulare   counties,    boundary   line    between,    Acts    811, 

819. 
Funds,  transfer  of  authorized,  Act  1261. 
Gophers    in,    destruction    of,    Act   186. 
Hides   of  cattle,   keeping  of,   Act  182. 
Highways  in,    special  laws  repealed,   Act  1267. 
Hospital,    funds   for    improvement   of,    Act   1260. 
Kings    River    Switch    school    district,    uortion    of      ettached      to 

Kingsbury    school    district,    Act   ?548. 
Mariposa  and  Fresno  counties,  boundary  line  between,  Act  815. 
Notaries,  additional,  for,  Act  2500. 

Recorder   and   auditor,    separation   of   offices   of,    Act   1259. 
Recorder,    salary   of,   Act  1259. 

Records  of  slaughtered  animals,   keeping  in,   Act  183. 
Registered  population   of   townships,    Act  837,    §   164,   subd.   13. 
Roads,    bonds    for    construction    of    ceitain,    in,    Act    1266. 
Roads  in,   construction  ?nd   maintenauce  of,   Acts  1£65,   126*. 


TY— GAMJL 


>ronio4e<1.    A 


•1   lands     ■  :.r    rlxhu   !d   certain, 

Tit. 

■ 

■ 

•*  authnrlted   to  pay  r«><  »   *r\A   nlarloa  out 

91 
authorUod    to 

'•  r    of    other    funds    'i 

f-om    drainage    eon  air 

r    fundi    tr- 
-78. 
Pay  '.   by   stair 

Sw.  -'ate     treasury     paid     to     treasurer     of 

Bwamp   land   funds   :  •.    duties   of  Audi- 

tor, 

r  zed    to  transfer   to   genrr.il 

np   and   Overflowed   Land* 
y   controller   and    trrasur   r 

*    .        -nor     and 

Transfer    of    funds    to    general    fund    on    exhaustion    of 

Tra-  dralnajr*    construction    funda    to    „  n«ral 

<?.   declared  unviable.  Act   l^S. 
■h. 

Hun 

ra    CoaU    County, 

I    1   1300. 

■ 


GAMK  -i;i!.i;oi.  lfilj 

Inclosed   lands,   prevention  of  hunting  on.    Ant    I 

Lake  Merritt,   destruction  'if  h 

Mocking  birds,   act  to  prevent  destruction  of,   Act  1314. 

Napa   County,   protection   of  fi.sh   and   game   in.    Act   1318. 

Nevada    County,    protecting   game    in,    Act    Kill. 

Sea  gulls  at  Santa  Monica,   protection  of,  Acts  1315,  3525. 

Supervisors,    powers   of,    p.    132,    subd.    2S. 

■\Yarden,   fl6h  and  game,   powers,   duties  and  salary,   Act  1300. 

Warden,    fish    and    game,    creation    of    office    of,    Act    1300. 

Yolo   County,   restricting   hunting   of  game  in,    Act  1312. 

GAMING.       State     Agricultural     Society,     gambling      prohibited      on 
grounds   of,    Act   63. 
Suppression    and    prohibition   of,    Acts    1293-1295. 

GAS,  cities  of  second  class,  capacity  of  pipes,   p.  790,   §   350. 
Franchises  granting  of,   Act  1342. 

Gas  companies,   granting  of   franchises   to,   Act   1342. 
Gas   companies,    protection   of,   Act  1S41. 
Hotel   or   lodging-house  keepers   not   to   turn   gas   off  at   meters, 

Act  13*3. 
Illuminating  gas,  use  of,  regulation  of,  Act  1343. 
Inspector,    appointment,    duties,    compensation,    etc.,    p?.    442-444, 

§§  2-4. 
Penalties  under  act  regulating  in  cities  over  100,000,  action  for, 

by   whom   tried,   p.    445,    §§   6,   7. 
Price,    charging    higher    than    price    fixed   in   cities    over    100,000, 

punishment,   p.   444,    §   5. 
Price  in  cities  over  100,000,   supervisors  fix,  p.  441,   §  1. 
Price,  limit  on  in  cities  over  100,000,  p.  441,   §  1. 
Quality,    furnishing    lower    than    standard    ia    cHies    ever   100,000, 

punshment,   p.   444,   §   5. 
Quality  of  in  cities  over  100.000,  p.  441,   §  1. 
Quality  of  in  cities  over  100,000,  supervisors  fix,  p.  441,   §   1. 
Quality,   standard   and   price   of   in   cities   over   100,000,   Act   3236. 

GENERAL.    GRANT    PARK,    highway    from    to    Kings    river    canyon, 
Act  1450. 

GEOLOGICAL    SURVEY,    continuation    of,    Act   1349. 
Distribution  of  repairs  of,  Act  3821. 
Preservation  of  material  of,  Act  1350. 

GIFTS,   cities   authorized    to   receive,    Act  1356. 

Cities     authorized     to     acquire    water,    water    rights     etc.,    by, 

Act   2337. 
Cities  authorized  to  obtain  lands  for  cemeteries,  Act  23S1. 
Cities,   receipt  and  appropriation  of  donations  to,   Act  2338. 
Cities,   counties  and  officers,   authorized  to  receive  and  manage, 

Act  1356. 
Cities-,    counties,    and   cities    and   counties   authorized    to    receive 

and  dispose  of,   Act  802. 
Commissioners   of   parks   authorized   to   receive,    Act  2880. 
Counties   authorized   to   receive,   Act  1356. 
Donations   to   state,    counties   or  cities   and   counties,    receipt  of, 

Act  1355. 
Donations   to  state,   receipt  and  appropriation  of,   Act  3732. 
Public  institutions,  gifts  to,  encouragement  of,   Acts  4162,  4163. 
State  to,   receipt  and  appropriation  of,  Act  2338. 

GILROY,   Incorporation  of,  Act  1357. 


1614  GLENN  COUNTY— GOVERNOR. 

HH  COUKTT,   oreattoa  of  county  of.   Act  1" 

I   Ci'lusa  counties,    boundar  .    Act  810. 

tad    organ. zation   of.    A 

GOATS,   Angora   and  Cashmere,   protection   of   f-  I  of  dogs. 

Angora  or  Cashmere,    dogs  killing  or  worrying,   punishment,    p. 

343.   8  5  4.  5. 
Buck,  prevented  from  running  at  larRe.   Acts   I 
>■   or    tow:; 
■  cnted  from  running  at  large  on  townsitcs. 

QOLI  I    commit. 

■  loners    authorized    to    sell    certain    lands   In    San 

to,   Act  1 
GOOD  TK".  .ithorlred  to  acquire  property  to  carry  out 

Itabl'  1377. 

.  n    of    In    i  Ocular   County. 

GOVERNOR,    trblirat.on    to        .  I   state   board,    i 

<    1- 

Arcniti  i-'.iire.    ROTeri  tate  board  of.    p.   84.    5   L 

Appropriation    I 
ult  upon  ai 
Aut. 

Acta 
Aut  I  I  trlaltn    deed    to    successors    of    J 

Aut:  t   States  part  of  agricultural  col- 

Aut!  ay    state's    Inter 

am  lands     a 
Authorized   wit..  ral   to  rill  certain   lands   to  i 

ants.    Act  2868. 
Dank  commissioners,  to  ai  I   1. 

California  trusteed    of,    goTernor    appoints. 

Act  604.   i 
Cha-  'ts    members   of   state    board    of, 

p.  87,   f   I. 
Charities  and  correction,  ex-omclo  a  member  of,  p.  87.   8  L 
Char. ties  and   correction,   I  in   by  state   ' 

Commission   on   reform   of   taxation,   governor  ex-ofT.. 

and   chairman.    Act    I 
Commission   on   reform   of   taxation   to   an  ri    to  act  on. 

Act 
Conspiracy    to   commit   crime  again?'  of   any   s; 

Punisnm'  '>**• 

Debris  commissioner.   .  .51 

r    uf,    by,     to    fen   ral    fund    and    return    tl 

Act   : 
pov,       .  titutlons  not  aff'  uuig  stair 

of  char.  •  i   5. 

Residence    for,  v 

Residence    fitted    up    for    -  and    armor;. 

1  ."■  9 1 
Rcslden<e.    construction    and   fur 

•grapher    ■  tmeOt    of    -  i.    Act    1382. 


GRAND    ARMY,     ETC.— HARBOR    COMMISSIONERS.  lfilJ 

GRAND   ARMY   OF   THE   REPUBLIC,   unlawfully   wearing   badge  of 
prevention    of,    Act   1302  ' 

GRAND    JURORS,    fees    of    jurors    a    county   charge,    p.    321,    §    228. 

subd.   4. 
Fees,  counties  of  nineteenth  class,  Act  837,  §  176,  subd.  17. 
Fees    and    aKowances-   in    counties    of    twenty-first    class,    p.    243, 

6Ubd.    18. 
Fees  in  counties  of  twenty-eighth  class,  p.  260,  subd.  16. 
Fees,   counties   of  thirty-thrid    class.    Act  837.    §    190,   subd.    15. 
Fees  in  counties  of  thirty-fourth  class,  p.  273,  subd.  18. 
Fees  of  in  counties  of  forty-ninth  class,   p.   3u3,   subd.   16. 
Interpreters    before,    Act    1679. 
Superior  judge,  duty  in  instructing,  p.  115,    §   9. 

GRASS   VALLEY,    incorporation    of,    Act   1397. 

School   district,    board   of  education   of,   Act   3541. 

GREEN,  JAMFS  J.,   authorized  to   sue  state,   Act  3790. 

GROWING    CROPS,    Are    star'.ins    in    hay,    grain,    stubble    or    grass, 
Act    1169. 
Protection  of  owners  of  growing  crops  from  injuries  by  miners. 
Act  2217. 

GROWING  TREES,  cutting  and  carrying  away  from  swamp  and 
overflowed,  cr  school  lands,  Act  1404. 

Destruction  of  on  private  grounds  in  certain  counties,  preven- 
tion of,   Act  J577. 

Destruction  of  on   public   lands,   prevention   of,   Act  1403. 

Fc/est  fires  on  public  lands,  prevention  of  destruction  by, 
Act  116S. 

Highways,    protection   of  growing   timber   on,   Act  1402. 

Joint  investigation  with  federal  government  on  forest  preserva- 
tion,   Act    4367. 

Protects  .n  of  on  possessory  claims,   Act  1402. 

Protection   of  on   private   property,   Act  1402. 

Shade  trees  in  cities,  planting  and  care  of,   Act  2341. 

Streets,    planting   and    maintaining   along    line   of.    Act   3925. 

Streets,    protection    of   growing   timber   on,   Act   1402. 

GUARDIAN  AND  WARD,  appointment  of  guardian,  Act  1410. 
Children  in  orphan  asylums  of,  appointment  of,  Act  2597. 
Corporations,  as,  and  powers  and  duties  o*    Acts  770    i055. 
Corporations  authorized  to  act  as.   Act  1055. 
Deposit  pi  moneys  or  assets  with  corporation  afao.   reduction   of 

bonds,    Act   1055. 
Duties  of  guardians,   Act  1410. 

GUAYMA   CREEK,   navigability  of,   Act  2069. 

GUNPOWDER:   See  Explosives. 

HABEAS  CORPUS,  fees,  prepayment  of  not  necessary,  p.  320,   §  221. 
Fees,   no   fees   to   be   charged,   p.   320,    §   227. 
Writ  of,   act  concerning,   Act  1415. 

HARBOR    COMMISSIONERS,    act    providing    for    reconstruction    and 
repair  of   damaged   property   in    San    Francisco,   Act  1433. 
Dockage,   reduction   or   abolition   of   rates   of,   Act   1420. 
Pu\vei=,  further,  granted  to.  Act  1423. 
Railroads  authorized  to  construct  over  state  land,  Act  1424. 


Kit  HARBOR    COMMISSIONERS— HIGHWAYS. 

Repairs   upon    private  wharves,   authorised   to  make,   Act  14a. 

Tolls,    false    returns.    Act   1425. 

Tolls,   penalties  for  failure  to  pay.   Act  142.". 

Wharves,  private,  repairs  upon,  authorized  upon.  Act  142L 

Of  San  Francisco. 

Authorized  to  condemn  certain  property  and  Jurisdiction  extended 
over  Bame,  Act  1429. 

Authorized  to  construct  railroad  alone  water  front,   Act  1424. 

Authorized    In    insure  against   lo«?   hy   Br<  .    A   t    1421. 

Street,   authorized   to  rectify  alignment.   Act  142<s. 

East   Street,   authorized    to   sell,    condemn   and   acquire   adjacent 
pre;  M28. 

Street,  jurisdiction   extended  over,   Act   1427. 

Establishment  of  free  public  market  on   water  front.   Acts  1430, 
322S. 
y  and  passenger  depot  at,  bonds  for.  Act   H2G. 

'  apart   portion  of  water  fnnt   for.  Act  3230. 
k.   Jurisdiction   of.   given   to.    Act  3242. 

Jurisdiction  of.   Art*  1432. 

TMaeed  under  control  of  state  harbor  commissioners.  Act  1422. 

Sale  of  perishable  products  on   wharves,   permit  of  commission- 
ers   ; 

Sale  of  perishable  products  on   wharves,   regulation  of.   Act  3345. 

Seawall,    state    bonds    for,    submission    of    proposal    to    electors, 
:;76. 

Water  front,    line  of.   Act   1132. 

Tl  ARMORS,    examining   commissions   on    rivers,    appointment,    powers, 
duties  and  compensation,   Act  4364. 
Mooring  to  buoys  or  beacons  prevented,  Act  4354. 
Protection   of.    Act    i 

Throwing  overboard   of  ballast  prevented.   Act  4T~>4. 
\GS  COLLEGE  OF  THE  LAW,  creation  of.  Act  1436. 
HATCHERIES:   See   Fish. 

HAWKERS,  Itinerant  vendors  of  drugs,  license  upnn.  Act  194L 
HA1  "  barter  of,  Act  1446. 

•  on    Of,    Act    1141. 
HEALTH:  See  Public  Health. 

HBALTH    IN8URANI  WTES.    formation,   regulation,    powers 

and   duties  of.   Act  1664. 

I,   hedges  along  line  of.  Act  3925. 
HIGH    SCHOOLS:    See  Schools. 
HIGHWAYS:     S^e   Streets. 

Administration    and    government   of    roads,    uniform    system    of, 

Act    1460. 
Big  Oak  Flat  road,  appropriation  to  purchase,  Act  1452. 
Boulevard  districts,   formation  of,  Act  1449. 
Boulevards,  construction,   maintenance  and  use  of,  Act  1448. 
Boulevards,  definition  of,   Act  U4&, 
Bureau  of,  creation,  powers  and  duties,  Act  1461. 

at  of,   commissioners,  bond  of,  p.  4",   §  4. 
Department  of,  commissioners,  compensation  of,  p.  4<?0,  i  15. 
Department    of,    commissioners,    duties   and    powers-  of,    pp     456- 

460,   §§  2-14. 
Department  of,  commissioners,   number,  appointments  and  quali- 
fications,  pp.    456,    407,    J§    2,   3. 


HIGHWAYS.  1617 

Department  of,  commissioners,  term  of  office  and  vacancy,  p.  456, 
§   3. 

Department  of,  controller  to  transfer  property  of  bureau  of  high- 
ways to,  p.  459,   §   12. 

Department  of,  creation  of,   p.   5t>,    §   1. 

Department  of,    meetings  of,    p.    457,    §    7. 

Department  of,  officers  of,  p.  457,   §§  6,  7. 

Department  of,  of  whom  consists,  p.  456,   §  1. 

Department  of,   officers  of,   salaries  of,   p.   4G0,   §   15. 

Department  of,  organization  of,  p.  457,  §  5. 

Department  of,  powers  and  duties  of,  pp.  417-4CD,   s?  6-14. 

Department  of,   reports  of,   p.   459,    §§   11,   13. 

Department  of,   specialists,   employment,   p.   46C.    §   K: 

Franchises  for  paths  and  roads-  for  bicycles  and  horseless  ve- 
hicles,  Act   1464. 

Free  wagon  road  from  Mariposa  to  Yosemite  Valley,  /  ct  446'. 

Free  wagon  road  from  Mariposa  to  Yosemite  Valley,  repezl  of 
act,  Act  1450. 

Free  wagon  road  from  Mono  Lake  basin  to  Tioga  road,  construc- 
tion of,  Acts  1455,  1456. 

General  Grant  Park  to  Kings  river  canyon,  highway  from.  Act 
1450. 

Government  and  administration  of  roads,  uniform  system  of, 
Act  1460. 

Los  Angeles  county,  highways?  in,  Act  2002. 

Motor   vehicles,   regulation  of  operation   of,   on,   Act  2331. 

Municipal  corporation,  road  .tax  cannot  be  levied  in,  Act  110, 

Particular  counties   in:     See   Particular   Title. 

Prisoners,  employment  of  on  roads,   Act  SS62. 

Public  lands,  right  of  way  over  granted  to,   Act  1451. 

Protection  of  growing  trees  on,  Act  1402. 

Roads  in   Yosemite   Valley,   purchase   of,   Acts  4467,   4468. 

Sacramento  city  to  Folsom,  construction  of  state  highways  from, 
Act  1457. 

Supervisors  authorized  to  declare  innavigable  streams,  high- 
ways,  Act  1453. 

State,  carcasses  of  anirueie,  permitting  tc  remain  near,  p.  454. 
S  6. 

State,   care,   management  and  protection   of,   Act  1458. 

State,  ditches  and  drains  across,  bridging,  p.  454,   §  6. 

State,   encroachments  upon,   Act  1458. 

State,  fallen  trees  en,   removal,  p.  455,    §?   7,  8. 

State,  injuries  by  ditches,  drains,  water,  etc.,  p.  454,   §  5. 

State,  mile-stone,  guide-post,  etc.,  injuring,  p.  454,   §  6. 

State,  obstructions  upon    Act  1453. 

State,  penalties  and  forfeituies,  recovery  of  and  disposition  of, 
p.  455,   §   1C. 

Supervisors,  powers  and  duties  of,  p.  121,  §  25,  subd.  4;  p.  124, 
subd.  12;  p.  133,  suWe.  35,  36,  37. 

State,  shade  tiess,  injury  to,  p.  455,   §  9. 

Storm  waters  and  floods,  protection  and  preservation  of  from, 
Act  1463. 

Supervisors  authoried  to  declare  innavigable  streams,  highways 
for  legs  and  timber,  Act  4361. 

Tramroads:     See  Tramroads. 

Trinity  River,  survey  of  road  down  to  connect  with  road  in  Hum- 
boldt. County,   Act  1464. 

Uniform  system  of  road  government  and  administration,  Act  1460. 

Wagon   road   corporations:     See  Wagon   R^ad  Corporations. 

Wic;i  of  tires  of  wagons  used  on,  regulation  of,  Act  1459. 

Toatmite  and  Wawona  road,  appropriation  to  purchase,  Act  1452. 
G«n.  Laws— 102 


UU  KCGS-HOSFITALS. 

partirular  county  or  town   in:  :ar  Title. 

HOUDATS:    See  Sun<: 

untitled   to  one  day  In  Bev<  n  for  re?t,  Act   I 
Super vlBora   authorized    to    declare    eUction    day    a    holiday,    Act 
•      I 
BOUJ8TBR,   Incorporation  of.    I 
HiiMK     I  !1U>KKN:     See     Fecble-Minded 

rhi: 
:   vi:  i  BR  '  ■*  Home. 

TOR    INK!  I        '  CtSOO,    A'  • 

ICt    rrlallrr      , 

In  cape  of. 

•  A 

■ 

ion    of.   prohibited.    Act   3R. 
'    37. 
of  tare  on  baled  hop*,  Act  1502. 
HORN!   ' 

•o  a   mlo^mcnrnr.   Act   1ft?. 
LTTJRtt,    anlmali    injurious    to,    ;  "f    Introdm 

■s  of  nlnt> 
untlei  of  forty-fourth 

17. 
County  boards  of.  ap 
■ 
i?ps    injur.  Ion   of    Introduction    of.    Act 

Disease*   to    fruit   and    fruit    trees,    spreads?   of.    prevent: 

and  plant  I  <3  pests  at   I 

Pear  blight  and  walnut  blight,  itlon   into  by    I 

'Penalty  for  violating  statute  for  ororgr  raming  of   ti 

proi  altural  Into  i 

• 

•    1510. 
'  ..riicultura;  lnt< 

■  a  or  animals  li 
Qd    manurli  lis,    regular 

1 1 57 
Spreading  of  fruit  and  fruit  tre 

tm-nt   of.   • 

■ 

1.'13. 
HOSP1TAL.S,  cities  of  first   class  authorized  to  erect  a,  and  to  levy  a 
tax,   Acts   I 
Establishment  of  pest-houses  within  cities  prevented 


HOSPITALS— HUMBOLDT  COUNTY.  1613 

Maternity  and  lying-in  hospitals,  duties  of  conductors,  Act  1523. 

Maternity  and  lving-in  hospitals,  health  officer's  duties  and  pow- 
ers,  Act  1523. 

Maternity  and  lying-in  hospitals,  etc.,  licensing  and  inspecting, 
Act  1523. 

State  hospital   for  miners,   Act  2224. 

Supervisors,  powers  and  duties  of,  pp.  122,  123,  subds.  5.  8. 

Support  of  a  county  charge,  p.  221,   §  228,  subd.  7. 

HOTELS,  hotel  or  lodging-house  keepers  not  to  turn  gas  off  at  me- 
ters,  Act  1343. 
Number  of  cubic  feet  for  each  person,  Act  1966. 
Refusal  of  admission  to  because  of  race  or  coiir.  Act  605. 

HOURS  OF  LABOR,  drug  clerks,  Act  2665. 

Infants,  of,  regulation  of,  Acts  1619,  1620. 

Limiting,    Act   1533. 

Limit  of  on  public  -works,   Act  1534. 

Members  of  police  department  in  cities  and  counties,   Acts  2728, 

2729. 
Members  of  police  department  in  cities  of  first  class,  Acts  2728, 

2729. 
Members  of  police  in  cities  of  first  and  one-half  class,  Act  2729. 
Members  of  police  in  cities  of  second  class,  Act  2729. 
Penalties  for   violating  statute   relating  to   and    enforcement   of, 

Acts  1535,   1536. 
Public  works  or  service,  limit  of,  on,  Acts  1535,  1536. 
Stipulation  in  public  contract  as  to,   Acts  1535,  1536. 

HOUSE  OF  CORRECTION,  commitments  to,  Act  1540. 
In  cities  of  first  class,  p.  671,   §  32. 
San  Francisco,   of:    See  San   Francisco. 

HOUSE  OF  ILL-FAME:     See  House  of  Prostitution. 

HOUSES  OF  PROSTITUTION:     See  Prostitution. 
Suppression  of,  Act  1545. 
Suppression  of  Chinese,   Act  593. 

HUMBOLDT  BAY,  certain  tide  lands  granted  to  United  States  to  im- 
prove harbor,  Acts  1551,  1552. 

Governor  and  attorney-general  authorized  to  purchase  certain 
lands   in   for   state.    Act  1553. 

Obstructions   of,   channels  of.   prevention   of,   Act  1550. 

HUMBOLDT  COUNTY,  animals  of  another,  wounding  in,  punishment 
of,    Act  1593. 

Assessor   of,    compensation   of,    Act   1571. 

Bounties  for  destruction  of  wild  animals  in,  Act  1S9. 

Clerk   of,    compensation   of,    Act  1558. 

Dependent  and  indigent  sick  of,  relief  and  maintenance  of,  Act 
1560. 

District  attorney  of,  salary  of,  Act  1559. 

Fences  in,   tearing  down   of,   prevention   of,   Act  1593. 

Fires,   leaving  of,   punishment  of,   Act  1593. 

Growing  timber  on  private  grounds,  destruction  of  prevented, 
Act  1577. 

Humboldt  County  and  counties  of  Del  Norte  and  Siskiyou  boun- 
dary  line  between,   Acts  822,   909. 

Humboldt,  Mendocino,  Trinity  and  Klamath  counties,  boundaries 
between,  Act  S13. 

Hunting  on  private  inclosed  grounds  in,  prevention  of,  Acts  1577, 
1593. 


1620  HUMBOLDT    COUNTY- INDUSTRY. 

lnclosures.   passing  thr"u?h  and  leaving  them  open,   Act  1593 

Judge,    additional,    for.     I 

Jurors  in  courts  of  justice  of  the  peace.   Act  1 

Justices  of  the  peace,   jurors  In  courts  of.   Act  lf-62. 

Lngs,   scaling  of  in.   Act  1563. 

Notaries  In,   Act 

Notaries,  additional,   for,   Act  25W. 

Officers    in,    compensation   of,    Act  1565. 
•    In.    Acts   L '. 

ition    for    services    as    jailor.     Act   156*. 

Streams  and  slouglis  In,  certain  declared  navigable,  Act  1372 

Supervisors,   number  of.   Act  1 

Thistle,  propagation  prevented  In,  Act  4104. 

Towns  and  villages  on   public  land,  disi^isal  of  lots  in.  An 

Treasurer  of,  compensation  of,  Act  1571. 

Trespassing  of  animals  in,  Act  107L 
MINTING,   inc'.osed  land,   on,   prevention   of,- Acts  1141.   1593. 
HUSBAND  AND  WWB,   rights  of  defined.  Act  1582. 

ILL-FAME:    See   House  of   Prostitution;  Prostitution. 
IMMIGRATION.    Chinese,   prevention   of,   Acts  588,   589,   590. 

Duties   of   masters   of  vessels   in   relation    to   passengers   arriving, 

Act 
Pine     act    imposing   on    immigrants    unable   to   become    citizens, 

Act  1588. 
Special  tax   by  counties,   to  encourage,   authorized,    Act   MM. 
IMPRISONMENT,    separation    of   children    from   adults.    Act   1769. 
IMPROVED  ORDER  OF   RED   MEN:     Set    Red   M.  n. 
IMPROVEMENTS,   public   buildings:     See   Public   Works. 
Public   lauds,  on   removal  of,   Act  1870. 

LNCLOSi,  RES,   Dl  1"'J 

Fences,    tearing    down    to    make    passages,    through    lnclosures, 

prevention    of,    Act   4144. 
Leaving   open   of   lnclosures,    prevention   of.    Acts    1140,    1141,    VSjS, 
4141. 
INDEBTEDNESS:     See   Public   Debt. 

INDEPENDENT   ORDER   GOOD  TEMPLARS:     See   Good   Templars. 
INDEPENDENT    ORDER    OF   ODD   FELLOWS:     See   Odd   Feilnws. 
INDEX,    statutes,    compiling,    printing    and    distribution    of    Index    to. 
Act  515. 
Statutes   of   California,    superintendent   of  state   printing   author- 
ized to  prepare  and  print,   Act  1598. 
INDIANS,    claims    against,    state   of   soldiers   serving    in    Indian   wars, 
'Act  1 
Firearms  and  ammunition,  sales  of  to,  forbidden.  Act  1C01. 
Government  and  protection   of.   Act  1603. 
Lands   within   Indiau   reservations  granted  to  United   States,   Act 

1605. 
Officers    of    Indian    department,    aiding    In    performance    qf    their 
duties,    Act    160G. 
INDIGENT  SICK:    Bet    Pampers. 
INDUSTRIAL     HOME     OK     MECHANICAL     TRADES    FOR    ADULT 

BLIND:     See  Adult  Blind. 
INDUSTRIAL  SCHOOL,   in  cities  of  first  class,  p.  673.   §   33. 

Of  San   Francisco,   Act  3237. 
INDUSTRY:     See    Preston    School    of    Industry. 


INFANCY— INNS.  iKft 

INFANCY:     See  Guardian  and  Ward;   Orphan   Asylums. 

Abandoned    children,    care    of,    Acl 

Abandonment  of  children,  punishment  of,  Act  1622. 

Adoption  of  children,  Act  26. 

Apprentices:     See  Apprentices. 

Begging,    infant    under    sixteen    not    to    be    used    for,    Act    1616. 

Binding   minors   as   clerks   or   servants,    Art    213. 

Boards  to  investigate  organizations  receiving  dependent  or  de- 
linquent  children.    Act  1769. 

Care    and    custody    of,    Act    1621. 

Cruelty  to  children,  incorporation  of  societies  for  prevention  of. 
Act  1618. 

Dependent  and  delinquent  children,  control,  protection-  and  treat- 
ment  of,    Act  1769. 

Employment   of   infants,    regulation   of,    Acts   1611,    1619,   1620. 

Feeble-minded  children:   See   Feeble-Minded  Children. 

Female  under  seventeen  not  to  be  exhibited  in  public  place, 
Act    1615. 

Hours  of  labor  of  minors,  regulation  of.  Acts  1611,  1619,  1620. 

Illiterate  minors,   employment  of,  prohibition   of.   Act  1611. 

Immoral  purposes,  children  not  to  be  apprenticed  or  sold  for, 
Act  1617 

Intoxicants,   giving  or  delivering   of   tn,   prevention   of,    Act  1614. 

Intoxicants,    not   to   be   given   or   delivered    to,    Act    16S9. 

Intoxicants,  sale  of  to  infants,  prevention  of,  Acts  1G12,  1613, 
1614,    1688,    1689. 

Juvenile   court:     See  Juvenile   Court. 

Juvenile   offenders:     See  Whittier   State   School. 

Legitimacy:     See   Legitimacy. 

Orphan   asylums:     See  Orphan  Asylums. 

Orphan    children,    care    of,    Act    1622. 

Probationary  treatment  of  delinquent   children.   Act  1769. 

Regulation  of  medical  practice  to  prevent  blindii^ss  in  infants, 
Act  2160. 

Saloon,   infants  prevented   from   entering,   Act  1689. 

Saloons,  infants  under  sixteen  prevented  from  entering,  Act 
1616. 

Society  for  prevention  of  cruelty  to  children,  incorporation  of, 
Act  1618. 

INFECTION:     See    Public    Health. 

INHERITANCE,    aliens,    right   of    inheritance   of,    Act    124 

Aliens,  time  within  'which  estate  to  be  claimed,  Act  124. 
Collateral,   tax   on,   Act  4040. 
Law   governing,    Act  927. 

INHERITANCE    TAX:     See    Taxation. 

Collateral  inheritances,  tax  on.  Act  4040. 

INJUNCTION,    removal   from   office   for   want   of   qualifying,    enjoined 

when,   Act   2552. 
Restraining    orders,     use    of    in    disputes    between    master    and 

servant    limited,    Act    692. 
Use    of    in    disputes    between    master    and    servant    limited,    Act 

692. 

INNS,   hotel  or  lodging-house  keepers  not  to  turn  gas  off  at  meters. 
Act  1343. 
Number   of    cubic    feet    for    each    person,    Act    1966. 
Refusal   of   admission   to   because   of   race   or   color,    punishment 
of,  Act  605. 


1*22 


INQITPTS— INSANE    TERSONS. 


TNQUEPTS,   coroners*   inquests  In   state   pt  t-   of,    Act    M58 

INSANE     ASVI.l  \|>,     n.'fntnmodations     for     patients,     further     pro- 

vlsion    for,   A't 
Ac?  asylum    for   chronic   Insane   at,    Act    l1 

Agn  on    of    water    towers    and    tanks    on    grounds    of, 

Act   1628. 
Care  of   and    apprehension   of   persons   believed    Insane, 

Act  1643. 
Chroi  lum    for    at    Agnews,    Act    1627. 

Discharge   of   patients   In    asylums,    Act    1642. 

Insane    Asylum, 

Act  1634. 
Management    of,    regulation    of,    Act    I 
Mendocino    state     Insane    asylum,    establishment    of    at    Ukiah, 

Act    : 
Mendocino   state   asylum,    name   changed    I  no   asylum, 

Act   1630. 
Napa  state   asylum,    management   of,    Act   1621, 
Napa    »tate   asylum,    sale    of    Intoxicating    liquor   within    certain 

distance    of.    pn  hlblted, 
Napa   state   asylum,    water   supply    of.    Act    1632. 
'ling  of  asylums,   prevention  of,   Act   I 
Sheriff,  compensation  and  a'lowances  of,  for  conveying  patients, 

P- 
Southern  California  Railway  Company  granted  right  of  waj 

lum    grounds    in    San    Bernaidim    County,      I 
Southern  California  state  asylui  □   and   management  of. 

Act    1634. 
Southern    California    state    asylum    managers    authorized    to   sell 

atrip  of  land,  Act  1636. 
Southern    California    state    asylum,    trustees    authorized    to    con- 

\<  y   certain   water   rights,    Aet   1621. 
State    lunacy    commission,    establishment,    powers    and    duties. 

Act 
kton,    directors    authorized    to    construct    canal    along    North 

Street    to    San    Joaquin     River,    Act 
Stockton   insane   asylum,    water,    light  and   fuel    for.   Act  1C35. 
Superintendent    to    attend  of    superintendents    of    asy- 

lums.   Act   1641. 
Supi ■■■  n    asylums 

Sui  in   asylum    who  are   able   to   support   them 

selves.    Act    1642. 
Transfer  of   unexpended   appropriations  of.   Act  K>i3. 
Uniform  government  and  Dt  of,   Act  1643. 

INSANE  PERSONS:    See   Insane  Asylums. 

Care,     cu  I  apprehension    of    persons    believed    to    be 

insane,   Act  l'.43. 
CommniiK  nt    of    insane    persnns    to    asylum,     Act    1643. 
Compensation    and    allowances   of   sheriff   for   conveying,    i 

e-minded  children:    See  Feeble-Minded  Children. 
Homestead,    alienation   of   In   case   of   insanity   of   either  spouse, 

Act   1427. 
Physician  to  inquire  into  sanity  of  convict,   crsts  a  stal.    rharge, 

Act  2070. 
Prisoners,    insane,    erection    of   buildings    :  L'769,    2770. 

Restoration    to    capacity,    effect    of    order    of    judge    or    vi 

jury,   Act   1644, 
Restniat  uii    to    cap      tv    of    persons    without   guardians    and    not 

confined,    Act    1644. 


INSANE    PERSONS— INSURANCE    COMPANIES.  1623 

Sheriff,    rompensation    of   for   carrying    patients    to    asylum,    Act 

3C27. 

INSECTICIDE,    Paris    green,    fraud    in    sale    of,    prevention    of,    Act 
2614. 
Paris   green,    regulation   of  sale   of,   Act  2614. 

INSECTS,    spreading    of    pests,    prevention    of,    Acts    1516,    1649. 

INSOLVENCY:     See   Bankruptcy   and   Insolvency. 
Insolvency   law,   Act   1654. 

INSPECTOR,    fruits,    inspector    to    enforce    law    requiring    labels    on, 
Acts    2101,    2102. 
Sheep:    See  Sheep. 

INSTITUTES,    farmer?,    holding    by    regents    of    University    of    Cali- 
fornia,  Act  4253. 
Mechanics:     See    Mechanics'    Institute. 

INSURANCE,  accident  insurapce  corporations,  formation,  regula- 
tion,   powers   and    duties   of,    Act  1664. 

Annuity  insurance  companies,  formation,  regulation,  powers 
and   duties   of,    Act   1664. 

Capital    stuck,    increase    of    by    insurance    companies,    Act    1660. 

Conditions    for    doing    insurance    business,    Act    1661. 

County  Are  insurance  companies,  organization  and  manage- 
ment of,   Act  1667. 

Endowment  insurance  companies,  formation,  regulation,  powers 
and   duties  of.   Act  1664. 

Equitable  life  insurance  company  authorized  to  invest  in  Cali- 
fornia,   Act   1670. 

Fire    insurance    companies,    act    relating    to,    Act    1606. 

Fire  insurance  companies  organization  and  management  of, 
Act   1667. 

Fireman's  relief,  health,  and  insurance  fund,  creation  of,  Act 
1175. 

Firemen's  relief  fund,  payment  by  foreign  companies  to,  Acts 
1177,    1668. 

Fire  patrol,   establishment  of  by  underwriters,   Act  1188. 

Harbor  Commissioners  of  San  Francisco  authorized  to  insure, 
Act  1431. 

Health  insurance  corporations,  formation,  regulation,  powers 
and    duties    of,    Act    1664. 

Life  insurance  corporations,  formation,  regulations,  powers  and 
duties    of,    Act    1664. 

Life    insurance   policies,    forfeiture    of,    Act   1663. 

Life   insurance  policies,   official   valuation  of,    Act  1662. 

Mutual    insurance    companies,    formation    of,    Acts   1659,    1665. 

Marine  insurance  corporations,  act  relating  to,  Act  1666. 

Mutual  life  insurance  company  of  New  York  authorized  to  in- 
vest  in    California,    Act   1670 

Police  relief,  health,  life  insurance  and  pension  fund,  creation 
of,    Act  2735. 

State,  non-insuiance  of  property  belonging,  to,  Act  1669. 

INSURANCE    COMMISSIONER,    appropriation   for   deficiency   in    fund 
of,   Act  1671. 
Extension  of  time   to   insurance   companies  to  file   annual   state- 
ment for  1905,  Act  1672. 

INSURANCE  COMPANIES,  extension  of  time  to  file  annual  state- 
ment for   19uC,    Act  1672. 


ie:n 


INTEIUCjsT     INVENTORY. 


INTEREST,     chattel     mortgagee,     corp  ng     money     on, 

Ch;i-  illy    lor    churgin. 

Chatt  .  s,    limit  of   rate   of 

Corporations   01  to  loan   money,   i  v 

Pur  forfeiture    '.>r   non- 

Rate    of.  nf.    Aft    1 

•i    where   foreclosed    for   non-pay- 
\    • 
Reclamat  unty,   warrants  and  assess- 

' 
••  bonds  hold   In   trust  funds,   pay- 

st    on    trus- 
•ip    land    d  O  unty,    warrants    to   bear 

1ST1  •   rs.   appointment   and 

•t    of    In     cities    of    100,000,     Act 

[NTBBTAOT,     law    governing    descents    and    distriliution.    Act 
INTOXICATING  or    disposal    of    pro- 

:      ' 

Mle    of   Intnxieatlng    liquors   on    prohibited.    Acts 

Go  ^rs. 

ation    of.    Acts    1614, 

-f    from    entering    sal 
f    to,   prevention    of.    Acts    Mil,    16U,    I'M.    1688, 

1.  1  to  vote  on  question  of  granting, 

eation   of, 

Insane    Asylum 

I     at,     profa 

Sale   ot-  In   state  536. 

use  of  prohibited.    Act 

ting,    Act    I 
Sol  . 

■    prohibited, 

California,  sold    within    two   mi'. 

Act 

ud    In    ma-  \t    II 

INVENTOl  otory    and    retard    of 


INYO     COUNTY— IRRIGATION.  IBS 

INYO    COUNTY,    animals,    prevention    of    trespasses    by,    Act    1704. 
Assessor    of,    compensation    of,    Act   1702. 
District    attorney,    fees    of    in,    Act    945. 
Expenses   of,    payment  of.   Act  1703. 
Government    of.    Act    1703. 
Growing  crops  in,   protection  of.   Act  1704. 
Inyo   and   Mono   counties,    boundary   line   between,   Act  812. 
Notaries,   additional   in,    Act   IT 
Officers  of,   salaries  of,   Act  17' 6. 
Roads    in,    improvement   of,    Act    1707. 
School    moneys    in,    distribution    of,    Act    1708. 
Sheriffs    of,    traveling   fees    of,    Act   1710. 
Teachers   in,    employment  of,    Act  17  0. 
Treasurer   of,    salary   of.    Act   1711. 
[ONE,    to   Jackson    or    Sutter    Creek,    railroad    from,    Act    2922. 
IRRIGATION,    act    of    1871-2,    to    promote,    Act    1716. 

Contracts    between    owners    of    water    and    consumers    of    water 

for    irrigation,    validity,    Act    1730. 
Districts,    abandonment    of    operations    by,    Act    1721. 

Districts,    acquisition   and    construction    of    works.    Act    1726. 

Districts,  acquisition  and  distribution  of  water,  Acts  1717,  1726. 

Districts,   bonded   indebtedness,    reduction   of,    Act   1722. 

Districts,     bonds,     examination,     approval    and    confirmation    cf 
proceedings    for    issue    and    sale   of,    Act    1720. 

Districts,   bonds,   funding,   payment  of,    Act  1727. 

Districts,    bonds,    funding,    a    lien,    p.    549,    §    18. 

Districts,  bonds,   funding,   issuance  of,   Act  1727. 

Districts,    bonds,    funding,    payment   of,    Act  1727. 

Districts,   bonds,   funding,   proceedings  to   test  validitv    Act   2727. 

Districts,  bonds,  funding,  unused,  cancellation  of,  p.  543,   §  17. 

Districts,    boundaries,    change    of,    Act    1718. 

Districts,    destruction    of    trnds    remaining    unsold,    Act    1723. 

Districts,    dissolution    of,    Act    1731. 

Districts,    disorganization    of.    Act    1721. 

Districts,    examination,    approval    and    confirmation    of    proceed- 
ings,   Act    1720. 

Districts,    exclusion   of   lands   from,    Act  1718. 

Districts,    government   of,    Act   1717. 

Districts,    inclusion   of   other   lands   in,    Act  1719. 

Districts,   lease  of  water  by,   Act  1729. 

Districts,    organization    of,    Acts   1717,    1720,    1726. 

Districts,   redemption  of  property  sold   to  for  delinquent  assess- 
ments,   Act   1728. 

Districts,    funding   bonds,    sale   of,    Act  1727. 

Modesto    irrigation    district,    creation    of,    Act   1724. 

Particular  county  in:     See  Particular  Title. 

Providing   system  of,    Act   3811. 

Rates  of  water  furnished   for   irrigation,    Act  1730,    §   2. 

West  Side  irrigation   district,    creation    of,    Acts   1725,   4388. 

Irrigation   districts   Under   act   of   1897.     Act    1726. 

Assessments,  actions  to  determine  validity,  pp.  530,  531,   §§  68-71. 

Assessments,  equalization  of,  p.  518,  §  38. 

Assessments  for  completion  of  works,  p.  516,   §  34.. 

Assessments,    rate   of,    how   ascertained,    p.    528,    §    60. 

Assessments,    special,    p.    528,    §§    59,    60. 

Assessor,    duties  of,    pp.    517,    518,    §§    35-37. 

Bonds,    actions    to    determine    validity,    pp.    530,    531,    §§    68-71. 

Bonds,    destruction    of    unsold,    p.    543,     5     1'  0. 

Bonded    indebtedness,    reduction    of,    pp.    541,    542,    §§    98-99Vi- 


IRR] 


P    524,    i  52. 


5    57. 

n-i8. 

uot   to   be   Inter  |    58. 

■i  and   ofll.  '.   509.    §8   13,   20. 

5    26. 
5    5. 
g    art,     p. 

■ 

I    uiirold    bonds,    pp.    513.    541.    J§    lr<> 

5    BB. 
p.    511,    i    99. 
5  5    74-84, 

■ 
( >fl'i  '-'7. 

5    19. 

"   ■     |  IB, 

M     Of,     p. 
is    of    oflV  !    19. 

Officers,    vacancies,    filling    of    and    term    of    appointee,    p.    312. 

Orgar 

§    66. 
41. 

•  .   I>.    520,    $    *2- 

iy    sold    for,    pp.    . 

is  a 

10,    il    .'.'41. 

'.    5  5    62-65. 

D,    p.    529.    {    65. 
'.     navigation    or 
5    64. 

jur,  Marbor    Cop 

ITALIAN  ^.     appointment     of     In     cities     of     10 

Act    ICSO. 

lien   of   owner   of,    whore    u-*>d    for   propagation 
of    unless  I   from 

.      Sutter    Creik    or    Jackson,    railroad    from 

JAILS:     See    Prisons. 


JATLS-JURISDICTION.  ai2T 

Consolidated  cities  and  counties  of  over  100,000  authorized  to 
make   alterations   in,   Act  3284. 

County  jail:    See  Particular   County. 

Matron,    creation    of    office    of   in    certain    cities,    Act    2775. 

Matron  of  in  certain  counties,  appointment,  term  of  office,  du- 
ties,   compensation,    etc.,    p.    315,    §    214%. 

Matron,    compensation    of,    Act  2775,    §    3. 

Matron,    duties    and    powers'    of,    Act    2775. 

Matron,  not  to  be  hindered   in  discharge  of  duty,   Act  2775,   §   4. 

Matron,   searching  of   female   prisoners,    Act   2775,    §    4. 

Prisoners,    allowance    to    sheriff    for    boarding,    pp.    317,    318. 

Separation  of  children  from  adults,  Act  1769. 

Supervisors,    powers   and   duties   of,   p.    123,   subd.   8. 

Support  of  prisoners  a  county  charge,  p.  321,  §  228,  subd.  3. 
JAPANESE,  Chinese  or  Japanese  women,  importation  of  for  im- 
moral   purposes,    prevented,    Act    2797. 

Kidnaping  and  importation  of  females  for  immoral  purposes. 
Act  592. 

JEWISH    ORDER    OP    KESHER    SHEL    BARSEL,    corporate    powers 

conferred    on,    Act    1736. 
JOHNSON'S  CREEK,  navigability  of,  Act  4360. 
JOINT     OWNERSHIP,     water     supply,     joint     ownership     by     cities, 

Act    2362. 
JOINT   TENANT,    suits,    may  bring  or   defend,    Act  788. 
JUDGES,    mayor   not    required    to    act    as    justice    or   judge    in    cities 
over   10,000,    Act    2145. 
Not  to  order  production   of  original  papers,   p.   707,   §   125. 
Of   United    States   court,    assault   upon,    punishment   of,    Art    693. 
Of  United  States  court,  conspiracy  to  commit  any  crime  against, 

punishment   of,    Act   693. 
Particular    county:    See    Particular    Title. 
Superior    court:     See    Superior    Court. 
Supreme:     See  Supreme  Court. 
Supreme    court    commission:     See    Supreme    Court    Commission. 

JUDGES  OF  THE  PLAINS,  act  relating  to,  Act  1741. 

JUDICIAL     NOTICE,     municipal     corporation,     of     existence     of,     p. 
639,    §    3. 
Cities    of    fifth    class,    of    organization    and    existence    of,    p.    875, 

§    765. 
Ordinances    of    cities    of    fifth    class,    of,    p.    875,    §    765. 

JUDGMENTS,    act  to   better   enable   collection   of  judgments  in   favor 

of    state,    Act   265. 
Attorney-general    authorized   to    bid    in    property,    Act    265. 
Payment   of   judgments    against   counties,    cities,    aed   cities   and 

counties,    Act   1746. 
Payment   of    judgments    against    cities    and    counties    of    certain 

sizes,    Act   1747. 
JURISDICTION,    fees    of    jurors,    serving    since    1895,    and    not    paid, 

payment  of,   Act  1124. 
Justices'    courts:     See   Justices'    Courts. 
Justices   of   the   peace   in    cities   and    towns,    of,    Act   1757. 
Lands    near    Lime    Point,    over,    ceded    to    United    States,    Act 

4215. 
Lands   ceded   to   federal   government,    jurisdiction   of   state   over, 

Act   1956. 
Over   lands   acquired   for  military  purposes   ceded   to   the    United 

States,   Act  3829. 


1G28  1 2R.S- 

Over   lands   given    I 

Ovit   certain    1  '       I     I    Statejp,    Act   37S4. 

■3    courts:  •■    Courts. 

JUROKS,    fees   of   generally,    p.   414;   Acts    1119.    11 

-    of   jurors   and    witnesses    a   county    charge,    p.    319,    §    22S, 
subd.  4. 

r  fifth  elaa  5   162.   subd    i«. 

I     "i 
Fees,   counties  of  nineteenth  class,   Act  837,   f   176,  subd.   17. 
I 
Fees,  counties  of  thirty-third  class.   Act  K 

ot    thirty-fourth   class,    p.    27:'.    suhd.    lv 
forty-ninth    class,    p.    308,    subd.    16. 
*    of.    in    San    1*1 
Particular    coi:  articular    1 

i   have  served   as   such,    An 

JUSTICE,    JOHN    P.,    application    of    to    purchase    state    land    vali- 
dated.   Act 
JUSTICES,    of   supi  Court, 

Of  United   States  court,   assault  upon,   punishment  of,   Act 
Of  United  States  court,  conspiracy  to  commit  any  crime  a 
punishment   of,    Act    K»3. 
JUSTICES    OP    Till:    PEACE,    city    court,    business    of,    trans: 

Cltv   court,    to   finish    business   of.    AM    21  IT.. 
Bond    of.    p.    146.    §    66. 

Cities   nf    first    class,    salaries    of,    p.    6T>3.    subd.    17. 
I    fourth    cl 

of   in   criminal   action   not   a   county  *    1125. 

Clerk    of,    salaries    of    In    various    con  inties. 

Coroner,   to  perforin   duties  at  when,   p.   U 

if   counties   int<  .    p.    114,    1 

of   In    criminal    proceedings   a   county    charge,    p.    219, 
i     subd.   6. 
I  of  generally,  p.   413. 

Jurisdiction    of    in    cities    and    towns.    Act 
Mayor    not    required    to   act    as    Justice    or   Judge    In   Cities 

Number   of,    p.    144, 

Particular    county    in:     S<-e    Particular    Til 

-  of  fees  of  Justices  and  constables,  p.  31S,   5   224. 
Salaries  and  fees  of  I  Counties. 

JUSTICES'    COURT:     See  Justices   of   I 

In    COUntti  B    of    varlo  'ties. 

Particular  county,    in:     See    Particular   Title. 
JUTE    GOODS,    fund    for    purchase    of    to    be    manufactured    at    state 
prison,    Act    1763. 
Price  and  conditions  of  sale  of.  Act  1764. 
JUVENILE     COURT,     boards     to     Investigate    organizations    receiv- 
ing   children,    Act    1769. 
Creation,    powers    and    duties   of.    Acl    17W. 
Probationary    tr  '"   Juvenile 

i  n   whei     evidence, 

JUVENILE    OFFEJN  Pi  School    of 

Industry;   Wbittler  State  School. 


KAWEAH    RIVER— LABOR.  1629 

KAWEAH  RIVER,   board  of  commissioners  for,   Act  1774. 

KEEPER     OF    THE     ARCHIVES,     appointment,     duties    and     salary 

of,    Act    1779. 
KERN    COUNTY,    assessor,    salary   and    bond    of,    Act    1784. 
Auditor,    sa'.ary   of,    Act   1786. 

Auditor  and   recorder,    separation    of  offices   of,   Act  1786. 
Bonds    to    pay    indebtedness,    issuance    of,    Act    1785. 
Funds   of,    transfer   of,    Act   1787. 
Judge,  additional  for.   Act  1790. 
Recorder,    salary    of,    Act    1786. 

Recorder   and    auditor,    separation    of   offices  of.    Act   1786. 
San    Luis    Obispo    and    Kern    counties,    locating    boundary    line 

between,    Act  818. 
Sheriff   of,    fees   of,    Acts   1788,    1789. 
Squirrels,   destruction   of.    Act  187. 
Swamp   and   overflowed   lands  in,   determining  rights  in   certain, 

Act  4023. 
Tax   collector,   bonds   of.    A"t   1791. 
Treasurer  of,    salary  of,   Act   1792. 
Water   ditches   and   water   privileges   in,    Act   1793. 
KESHER    SHEL    BARSEL,    Jewish    order   of,    corporate   powers    con- 
ferred  on,   Act  1736. 
KEYES   CREEK,    declared   navigable,    Acts   1798,   3097. 
KINGSBURY    SCHOOL   DISTRICT.    Kings    River    Switch    school    dis- 
trict, portion   of  attacned  to,   Fresno  County,  Act  3548. 
KINGS   COUNTY,   boundaries  of,   Oct  1803. 
Classification    of,    Act    1803. 
County    seat,    Act    1803. 
Creation    of,    Act  1803. 
Officers,    election   of,   Act  1803. 
Organization   of,    Act   1803. 
KINGS   RIVER     destruction   of   fish   in   prevented,    Act  1328. 
KINGS    RIVER    CANYON,    highway    from    General    Grant    Park    to, 

Act  1450. 
KINGS    RIVER    SWITCH    SCHOOL    DISTRICT,    portion    of    attached 

to   Kingsbury   school   district,   Fresno   County,    Act  3548. 
KLAMATH     COUNTY,     annexed     to     Humbo'.dt     and     Siskiyou,     Act 
1808. 
Fences  in,   Acts  1134,   1135. 

Humboldt,     Mendocino,     Trinity    and    Klamath    counties,    boun- 
daries   between,  ,Act    813. 
Thistle,    propagation    prevented    in,    Act    4104. 
KLAMATH  RIVER,   navigability  of,  Act  1813. 

KNIGHTS    LANDING,    hogs    and    goats    prevented    from    running    at 
large  in,   Act  1818. 
Marysville  to,   railroad  from,   Act  2919. 

LABELS,    fruits,    inspector    to    enforce    law    requiring    on,    Acts    2101, 
2102. 
Fruits,   marking  or  branding  of  boxes,   barrels,   etc.,   containing, 

Acts    2101,     2102. 
Marks  and   brands,   act  relating  to,   Act,  2099. 

Stamping  and   labeling   produce   and   manufactured  goods,    fraud 
in,    Act    2100. 
LABOR:     See  Master  and   Servant. 

Bureau   of   labor    statistics,    Act   1828. 


polio*    department    in 
Hop-  of    police    department    In    cities 

Of      ! 

r   of   police   In   cities   of  first  and   one   half  class. 
Act   . 
Hours    of    lab  r    of    police    In    cities    of    second    class,    Act 

LABOR     Rl'HRAD,     commissioner     of    statistics,     county     officers    to 
furnish    Inforn 
Con  tlstlcs,    statistics   of    deaths,    divorces    and 

m  of,   Act    : 

works,   liens  of, 

of  wanes  of  laborers-  on   public   works  a   I 

bines),    lien 
:-d.    common    council   authorized 

■■ 
.    sale   of   lands   unrn\ 
LAK;  • 

LAK]  Dt    against.    Issuance   of   au- 

thor 
•'.ties   for  inlmala   In,    Act   189. 

i  f  officers  In, 

Is   In,    transfer   and    |i 

it  large  In,   Act 

do   between,    Ac 

OftVer"  of,    fe<  =    nnd    U 

it   larse  In.   Acts  1S43.   1844. 

rrcls    In,     special     tin     for    purpose    of    exterminating,     Act 

LAK1  r inn    of    Ash    and    game    In    prevented.    Act 

CPORT,    hogs   prevented    from    running    at    large    In,    Act    1 

LAK  United  rnvrrnmen* 

vernment.    Act    I 
.tin    lakes    to   federal    gov.  rnmetit    for. 

Land    uni  recession,    cession    of    to    federal    govorn- 

■ 

lnke.     cession     of    to     t'ntted     States 

klo     l.nkes    to    federal     government 
for. 
Sale  •— sion   of.    Act   4031. 


LAKE?    LEGAL  TENDER.  le31 

Tale  or   Rhett   lake,    cession   to   United    States   government,    Act 

1858. 
Sale    of    lands    uncovered    by    recession    or    drainage    of    lake* 

Acts  2857.    4081.  ' 

LAKE    TAHOE:     See    Lake    Bipler. 

Construction   of  permanent   bridge  work   on   Lake  Taboe   waeon 

road,   Act   1859. 
State  authorized  to  secure  right  of  way  of  wagon  road  between 

Smiths   Flat   and,    Act   1S61. 
Wagon    road    commissioner,    creation    of   office    of,    Act    1SG0. 
LANDLORD  AND   TENANT:  See  Leases. 

Forcible    entry    and    unlawful     detainer,     act    concerning      Act 

1208. 
Regulating  rights  of.   Act  1866. 
LANDS:    See    Public    Lands. 
LARCENY,   crime  of   more  fully  defined,    Act   1871. 

Grand,    stealing   of   amalgam,    gold   dust,    or  quicksi'ver   is     Act 
1872. 

LASSEN    COUNTY,    animals    of    another,    wounding    in,    punishment 
of,    Act    1593. 

District    attorney,    salary    of,    Act    1877. 

Fees  of  justices  in,   Act  1878. 

Fences    in,    tearing    down    of,    prevention    of,    Act    1593. 

Fires,  leaving  of,   punishment  of.   Act  1593. 

Hunting  on  inclosed  lands  in,   prevent,  n   of,   Act  1593. 

Northern   boundary   of,    survey  of.    Art   816. 

Passing  through  inclosures  and  leaving   them  open,   Act   1593. 

Plumas   and    Lassen   counties,    boundaries    between,    Act 

Roads  in,   Act  1S80. 

School   mon'eys   in,    distribution    of,    Act   3342. 

Shasta    and    Lassen    counties,    boundary    line    between    changed 
and    located,    Act   821. 

Susanville,   hogs  running  at   large  in,   prevention  of,    Act  1065. 

Treasurer    of,    bond    of,    Act    1S79. 
LAW    LIBRARIES,    cities   of   first   c'.ass,    fee   for,    p.    708,    §    127. 

Establishment    of,    Act    1885. 

San    Francisco    Law    Library,    creation    of,    Act    3292. 

San    Jose,    law    library    in,    Act    33S1. 

Supreme   court:     See    Supreme    Court    Library. 
LAWRENCE,     F.     C,     right    to    supply    water    tc    Modesto    granted 

C.    F.    Leavenwnrth    and    assigns,    Act    2256.  ' 
LAWS,    abolition   of   laws    prior    to   1850,    Act   3S82. 

I*EASES,     leases    and    other    contracts    by    officers,     ratification     of, 

Act    2546.' 
Lease   of    property   of  veteran?   by   county,    city   and   county,    or 

town    authorized,     Act    42S7. 
Railroad    corporations,    of,    Act   2917. 
Ratification    of    lease    of    China    Basin    in    San    Francisco,    Act 

1890. 
Ratification    of    leases    made    by    officers    for    terminal    facilities, 

Act  1890. 
Ratification    of    lease    of    China    Basin    in    San    Francisco,    Act 

1890. 
Water,   lease  of  by  irrigation   district,   Act  1729. 
LEGACIES,    tax    on:     See   Taxation. 
LEGAL    TENDER,    legal     tender    notes    are    receivable    in    payment 

of   taxes   and   debts,    Act   1S95. 


MM 

LEr.I?L,,\TION.     a  mml»sion     for    promotion    of    uniformity    of.      I 

LKi.  i      C"v,  rnraent 

of    '. 

•nent,    Jurisdiction    of   sUtr   over 

I      t      tt. 

.1    on   levee   coin- 
mlsa 

Aser  '.    V  t  1013. 

No.    l. 

No. 

fin  d 

■ 
No. 
Organization   and 

Yllt.  i  OUDtll  5.     It 

i,kxim;i(  >• 

I.I  QBIi,  t 

L1BRARI1  ''onrt 

■ 

annual    li 
ing,   not  is 

- 

Build 

Hut 

Ci' 

P.    711.     1 

■ 

term   of 
api  ■ 

I   by  or 

Ciii'  «  over 

p,    712,    a 


LICENSES—  LIVERY    STABLE    KEEPERS.  L8B 

Cities  of  second  class,  license  on  common  carriers,   p.  788,    §   ?,""■ 

Cities   of  second   class    property   and   business   that   may   be    li- 
censed,   p.    77S,    §    821. 

Cities  of  second  class,   licenses  in,   p.   779,    §   323. 

Cities  of  third  class,  collector,  salary  of,  p.  SOT,   §  50fi. 

Cities   of   sixth    class,    marshal    is   ex-offieio    license   collector,    p. 
894,    §   851. 

Collector,   percentage  on   licenses  collected,   p.   315. 

Collector's   salaries,    payments   of  legalized,   Act  1939. 

Collector's  salaries,   supervisors  authorized  to  pay,   Act  1939. 

Collectors    of    licenses    in    particular    classes    of    counties:     See 
Counties. 

Corporations,   license  tax   upon,  Act  757. 

Dentistry,   license  to  practice:   See  Dentistry. 

District   attorney   to   proceed    against    persons    neglecting   to   pay 
ferry   or  bridge    license.    Act    1938. 

Ex-soldiers  and  sailors  permitted  to  sell  goods  without.  Act  3692. 

Horse'ess  vehicles.    licenses   on,   Aci   1942. 

Horseless    vehicles,    on,    funds    derived    from    how    applied.    Act 
1942. 

Itinerant   venders   of   Ames,    license   nr-on,    Kci   1941. 

Itinerant  vendors,  definition  of,  Act  1941,   §  3. 

Imposing  of,   p.   131,    subd     25. 

Intoxicating  liquor?-,   to   sell,   voters  permitted   to  vote,   on   ques- 
tion   of   granting,    Act    1687. 

Maternity  and  lying-in  hospital,   licensing.   Act  1523. 

Miners'  licenses  from   foreigners.   Act  1936. 

Miners,   not  to  issue  to  aliens  ineligible  to  become  citizens,    Act 
1937. 

Particular   county:    See   Particular   Title. 

Sheep  business,   rower  of  supervisors   to  impose  license  on   lim- 
ited.   Act    1940. 

Surveyors,  Act  39r>0. 

Tax  collector  ex -officio  license  collector,  p.  144,   §  55. 
LIE?"?     estray  animals,   for   b   e.  ii  ;,   ;.   394,    §    1. 

Estrays,  person  taking  up  and  caring  for,  Act  inco. 

Exemption  of  property  of  building  and  loan  associations  pending 
liquidation,    Act    429. 

Laborers   on    threshing    machines,    liens   of.    Art   1949. 

Livestock  kent,  fed,  or  pastured,  on,  Act  1 

Loggers  and  laborers  in  logging  camps,  of,  Act  1951. 

Materi-lmen,    mechanics    or    laborers    on    public    works,    of,    Act 
1950. 

Owners  of  bulls,  stallions  or  jacks  used  for  propagation,   of    Act 
1948. 

Waees  of  laborers  on  threshing  machines,  of,  Act  1949. 
LIFE  INSURANCE:  See  Insurance. 

LIGHTHOUSES,    conveyance    or    and    cession    to    federal    government 

of  lands   for.    Act   1956. 
Governor   authorized    to   convey    to    United   States   sites    for      a,h 

2446. 
LIME   POINT,    jurisdiction   over   lands  near,    ceded   to   United    States 

Act  4215. 
LIMITATIONS:    See   Statute   of   Limitations. 
LIQUORS:  See  Intoxicating  Liquors. 
LITERARY  CORPORATION,   formation  of,   Act  319. 
LIVERMORE,  incorporation  of,  Act  1961. 
LIVERY  STABLE  KEEPERS:  See  Stable  Keepers. 
Gen.  Laws— 103 


:<^t  LIVESTOCK   IN 

ry  of  and  how   ■ 
To   be  vcterlnn- 

?T24. 

LOI"  turn    Kaa    off    at    moti-rs,    Art 

Numhnr   of    .  unit)    '• 
LODI,  Mot. 

n  and,  tn   I 

.-a    In     millt,    a: 
I 

rs  author! 

Scal< 

for    Act   I 

LONG    D.\:  HIP,   Yuba  Count]  ..n   of  agrlcultu: 

Act 

Yu'  t ioii  of  tr 

LOS 

Is   for   wi'i- 

cr  of.   Ac i 
Coi.  10  Wilmington,   Act  4093. 

Council,  acts 
Public  library, 

• 

LOS  a: 

■ 
Anil 

:.  !  ;. 
Ar.  ■ 
Xss.  •"!)    of    lor    <  olk-cling    : 

Bri<!  huil.l 

.-nl. lit  Ion;. 
Co-  •  '•    A<  I    )'j9€. 

El    M 

inn  and  cou 

Art  lf>93. 
Grand  Jurors,    fi 


LOS    ANGELES    ''<"  XTV  CTURBRS.  .   163r, 

Growing   timber   on    private    grounds,    destruction    of    prevented, 
Act    1577. 

Highways    in,    Acts    2000-2002. 

Highways  in,   repeal  of  laws,   relating  to.   Act  2002 

Hunting  on  inclosed  lands  in,  prevention   of.   Acts  ir,77,   1503. 

Inclosures,    passing    through    and    leaving    open,    Act    1593. 

Irrigation    in,    promotion    of.    Act    2003. 

Judges   of  superior   court,    increase   of,    Acts   2011,    2012,    2014. 

Justices  of  the  peace,   additional,   for.    Act  2001. 

Lexington,    name   of   changed    to    El    Monte.    Act   ln20. 

Normal   school,   branch,    establishment   of   in,    Act  3554. 

Notary  public,   additional,    for,   Act   2005. 

Officers  in,    Act   200<i 

Officers   in,    salaries    of,    Acts   1995,    1996,    2007-2009. 

Salaries  in.  Ads  1995.   199G,   2007,  2008,  2009. 

Santa  Ana  River,  supervisors  authorized  to  build  bridge  across, 
Act  2013. 

Sea    gulls    at    Santa    Monica,    protection    of,    Act    1315. 

Sheriff,   fees  of,   Act  2009. 

Squirrels,    and   gophers,    destruction    of,    Acts   188,    2010. 

Surveyor,  fees   and  compensation   of.   Act  1996. 

Treasury  of,   better  protection   of.   Act  464. 

Trespassing    animals    In,    Act    1064. 

Water   commissioners   for.    Act   4305. 

Water,    prevention   of  waste  of,    Act   1994. 

Waters,    overseer   to   regulate.    Act    1T5. 
LOS   NIETOS,   irrigation   in,   Act  2018. 
LOS    NIETOS    COLLEGIATE    INSTITUTION,    powers    and    privileges 

conferred    on    trustees,    Act    2023. 
LOST    PROPERTY,    act    concerning,    Act    2028. 

See    Restoration    of    Records. 
LOST   WARRANTS,    payment,    of,    Act   2033. 

Payment   of    lost    controller's    warrants,    Act    4328. 
LOTTERIES,   prohibition   of,   Acts   203S,   2039. 
LOVE,   JOHN  LORD,  authorized  to  sue  state,  Act  3790. 
LOWER  LAKE,  hogs  prevented  from  running  at  large  in,  Act  2044. 
LUMBER,    facilitating  driving   of   logs   in   Mad   River,   Act   2059. 

Supervisors    authorized    to    declare    innavigable    streams    high- 
ways  for,    Act   43til. 

See  Logs. 
LUMBER    MANUFACTURERS,    penalty    for    driving    into    logs    sub- 
stances  liable  to   injure  saws,   Act   2049. 
LUNATICS:  See  Insane  Asylums;  Insane  Persons. 
LUNCH  HOUR  foi   laborers  in  mills  and  logging  camps,  Act  2139. 

MADERA   COUNTY,   boundaries   of,    Act  2054. 

Classification  of,  Act  2054. 

County  seat.  Act  2054. 

Creation  of,  Act  2054. 

Organization  ot  and  election  of  officers,  Act  2054. 
MAD  RIVER,   facilitating  driving  of  logs  in   Mad   River,   Act  2059. 

Improvement  of   and  its  north  fork,   Act  2059. 
MAIL,   carriers  permitted  to  ride  free  on  street  cars,  Act  2030. 
MANUFACTURERS,    factories    of   dairy   products,    inspection    of,    Act 
877. 

Formation  of  corporation  for  direct   promotion   of,    Act  290. 

Manufai  turlne     purposes,    formation     of     corporation    for,    Acts 
763,    764. 


IM 

I  >ing   Into   log*   fub»t.iiM-    11  ible   to   Injure   saws. 

n    of    factories    nml    workshops,     pro- 
1    In.    Act   1100. 
i  •  < 

on    a    state 

r.' 

•.     ' 

Juri  to   Ul  .;<•! 

« 


u.idii   and    hlgh- 


ror*. 

MARI1  I 

.  .!.    Valley 

•  'l»ry   line  t 

VaJlry. 
'.way*   In,   mnintpnance  and 

106). 

♦  -    front    of 

IttO. 


' 


containing. 


MARKS    AND     QRANDS— MASTER     AND     SERVANT.  1637 

Fruits,     inspector     to    enforce    law    requiring    labels    on,     Acts 
2101,    2102. 

Sheep,   reporting,    p.    120S,    §   10. 
MARRIAGE,    regulation    of.    Act    2107. 
MARRIED   WOMEN:    Sop   Hu-band   and   Wife. 

Earnings   of,    protection   of.    Act  8111. 

Fraudulent,    conveyance   or  incumbrance   by,   prevention   of,    Act 
2110. 

Placing  of  in   bouses  of  prostitution,   prevention  of,   Act  2790. 

Real   estate,   authorized   to  convey.    Act  2109. 

Separate   property   of,    protection   cf.    Act   2111. 

Sole   traders,    authorized   to   do   business   as,    Act   2108. 
MARSHALL   MONUMENT,  guardian  for,   appointment  and   duties  of, 

Act   211G. 
MARSH  LANDS:   See  Swamp  and  Overflowed  Lands. 

Cutting  and  carrying  away  timber  from  lands,  Act  1101. 
MARSHALS,   cities  of   fifth  class,   election   and  term  of  office,   p.   8G7, 
§    752. 

Cities  of  fifth  class,   compensation  of,  p.   SCS,    §   755. 

Cities   of  fifth  class,    powers  and  duties  of,    p.    8S6,    §    790. 

Cities  of  fifth  class,   bon^s  of,   p.  8C8,    §    .." 3. 

Cities  of  sixth  class,   election  and  term  of  office,   p.  895,   §   852. 

Cities  of  sixth   class,   compensation  of,   p.   896,    §   S55. 

Cities  of  sixth  class,   powers  and  duties  of,   p.  910,   §   SS0. 

Cities   of  sixth   class,    bond   of,    p.    895,    §    S53. 

Cities   of   sixth   class,   ex-officio  tax  and   license  collector,   p.   894, 
§    851. 

City    marshal:    See    Particular    City. 

Fees   of   in   criminal   action  not  a   county   charge,    Act  1125. 

Fees   of  generally,    p.    111. 

Tax  collector,   performance  of  duties   of,   Act  4043,    §   8. 

MARTINEZ,   animals  running  at  large  in,  Act  2122. 

Incorporation    of,    Act   2121. 

Lands    opposite    to    covered    by    Carquinez    Straits    released    to, 
Act    2123. 
MARYSVILLE,  levees,  construction  and  repair  of,  Act  2129. 

Levee,   indebtedness  of,  funding  of,  Act  2130. 

Police   court   in,   establishment   of,   Act   2131. 

Reincorporation   of,   Act   2128. 

Superintendent   of    public   schools,    salary   of,    Act   2132. 

To  KDights  Landing,  railroad  from,  Act  2919. 
MARYSVILLE    TOWNSHIP,    protection    of    agriculture    and    preven- 
tion of  tiespassing  of  animals,   Act  4484. 

Yuba  County,  prevention  of  trespassing  of  animals,  Act  4484. 
MASTER   AND   SERVANT,    apprentices:    See  Apprentices. 

Arbitration:    See   Arbitration. 

Conspiracy,   meaning  of   limited   in   disputes   between,   Act  GS7. 

Corporations    to    pay    employees    monthly    or    weekly,    Acts    772, 
773. 

Employee  entitled  to  one  day  in  seven  for  rest,  Acts  2137,  3952. 

Employment  agents,   duties  and   liabilities  of,   Act  1U3G. 

Hours  of   labor:   See   Hours  of  Labor. 

Injunctions,   use  of  in  dispute  between   limited,    Act  692. 

Labor    statistics,    bureau    of,    Act    1828. 

Liens  of   laborers  on   threshing  machines,   Act  1949. 

Loggers   and   laborers   in   logging   camp,    liens   of  Act  1951. 

Lunch  hour  for  laborers  in  mills  and  logging  camps,  Act  2139 

Materialmen,    mechanics   or   laborers  on   public   works,    liens   of 
Act  1950. 


M\  »'  :\E. 

ons  of  '.tmdltious  of  employment  a   misdemeanor, 
I'llO. 

!        ban  rs    on    public    works,    scour- 
A   ■ 

i 
Sol'!  "    public    servlc- 

8an'  :    vidlng    for, 

■  z  machines,   lions  of,   a<-- 

■■■'...■    MS       (Jf, 

.   duties  In   reference  to   contracts,    p. 

5   110. 

I    salary,    p. 

of.    p. 

salary  of.  p.  849.   I  SO    luM     L 

7'.'!.    5    |J1. 

•it    and    salary    of,    p. 

cm.  I  term  of  offlf  r>02. 

: 

I  ^s    of, 

D    and    term    of    office,    p.    828.    J 

Cities    of    four'  ce    or    disability    of    M 

s.    as    member    of    city    county    council,    p. 

Cities  of  fourth  class,  compensation,  art  without,  p.  sni    §  C08. 

10,000. 
' 

1'itlnns  to  ! 

MKAIhiW     I.AK  latlon    of.      I 

liBASl  RB8:   Bee   Weights  and   Measures. 

MANIC    ARTS,     assent     of    statt     to    art    of    congress    applying 

i  eeds  of  public  land  for  col 
Formation    of    corporations    for   direct   promotion    of.    Art    I 
laterlalmen    or    laborers    on    public    work* 
1950. 
MECIIANH'S       INSTITUTE,     acknowledgments     by,     validated       Act 

Formation    of.    Act    60S. 

Of  San   Francisco,  authorized  to  mortgage,  sell  or  convey  r 
Act    2155. 
MBDICAL   COXjLBGBS,    of  university   of  California,    Act   4266. 

MKOICINI 

Uoar  Iners,    appropriation    for   restoration   of   lost   r*c- 

Board  of  examiners,  ■  n  of   register  of.   Act  3016. 


MEDICINE— MENDOCINO   COUNTY.  1639 

Certificates  filed,   county   clerk  to  keep  record  of    p.'  601,   §   9. 

Certificate,    fr^ud   in   issuing,   punishment   of,    p.   605,    §    14. 

Certificate,  fraud  in  filing,  punishment,  p.  C04,   §  13. 

Certificates    granted    without    examination,    when,    p.    598,    §    5. 

Certificates,    how   obtained,    p.    598,    §    5. 

Certificate,   issuance  of,    p.    COO,    §   6. 

Certificates   issued   under  former   acts  not   affected,    p.   605,    §    14. 

Certificate,   practicing  without,    punishment,   p.   604,    §    12. 

Certificate,  refusal  of  and  proceedings  on,  p.  601,  §  10. 

Certificate,    registration   of,    p.    600,    §    8. 

Certificate,  revocation  of,   p.  C01,    §   10;   p.  C05,    §  15. 

Certificate   to   pra^t'ce  necessary,    p.   598,    §    5. 

Definition   of  practitioners,   p.   (05,    §    15. 

Dental  law  does  not  affect  physicians,  p.  339,   §  24. 

Dentistry:     See  Dentistry. 

Examinations,    p.   598,    §   5. 

Examination,    certificates   granted   without   when,    p.   598.    §   5. 

Examinations  in  another  part  of  state,   conduct  of,  p.  597,   §  3. 

Examinations,   where  held,   p.  597,   §   3. 

Fee,    p.    538,    §   5. 

Medical   department   of  university,    Act  4256. 

Medical  examiners,  alterations  to  fill  vacancies,  p.  596,   §  L 

Medical  examiners,    board,    how   construed,    p.   59ii,    §    i. 

Medical   examiners,   counsel,   employment  of,   p.   604,    §   11. 

Medical   examiners,    election   of,    p.   59G,    §    1. 

Medical   examiners,    elected  by  what   societies,   p.    596,    §    1. 

Medical  examiners,  expenses  and  allowances,  p.  604,    §   11. 

Medical  examiners,  false  acting  as,  punishment,  p.  665,   §  14. 

Medical  examiners,  meeting,  p.  597,   §  3. 

Medical  examiners,   number  of,   p.   596,    §   1. 

Medical   examiners,    oaths,    p.   597,    §    2. 

Medical  examiners,  oaths,   may  administer,  p.   598,    §   4. 

Medical  examiners,  organization,  p.  597,  §  3. 

Medical  examiners,  rules,    p.   598,    §   4. 

Medical   examiners,    seal,   p.    597,    §    3. 

Medical   examiners,    secretary   and   clerks,   appointment  and   sal- 
aries,  p.    604,    §    11. 

Medical  examiners,   term  of  office,   p.  596,    §   1. 

Medical    examiners,     votes    necessary    to    adoption    of    rule    or 
measure,   p.    596,    §    1. 

Practice  of,  regulation  of,   Act  2161. 

Practitioners,   who  deemed  to  be,   p.   605,    §   16. 

Record   of   proceedings,    p.    (00,    §    7. 

Regulation   of  medical   practice   to   prevent  blindness   in  infants, 
Act   2160. 

Surrender  of  dead   bodies  for  dissection,   Act  937. 

Unprofessional    conduct,    what    constitutes,    p.   601,    §    10. 
M13LONE,   DRURY,  authorized   to  sue  state,   Act  3790. 
MENDOCINO    COUNTY.    Big    River    Township,    free    bridges    in,    Act 
2167. 

Bounties    for    destruction    of    wild    animals    in,    Act    189. 

Bridges  in,   purchase  ai.d  erection   of,   Act  21C8. 

County  clerk  of,  salary  of.  Act  2170. 

Federal    act    for    relief    of    citizens    of    towns    on    public    lands, 
Act    2169. 

Fees  of  officers  of,  Act  2171. 

Growing    timber   on    private    grounds,    destruction    of   prevented, 
Act     1577. 

Humboldt,    Mendocino,    Trinity    and    Klamath    counties,    bound- 
aries  between    Act   813. 

Hunting    on    private    inclosed    grounds    in,    prevention    of.    Act 
1577. 


1640  WDOCTNO  COUNTY— MINERAL  CABINET. 

Officers' of.  Aft  2171. 

Rao  .     of,    A<*t    2171. 

building  and   Improvement   of.    Art   2tr,S. 

ting    the   hording   of. 

Stallions    ,  from    rum  1003. 

SnpcrvH.  r  ■    ZtTt. 

IIKND  \TK    INSANi:    ASYU  M     S."   Insane. 

MBNLO    PARK,    incorporation   ot. 

BO  CITY,   Are  in,  protection  against,  Acts  12S2,  2153. 
MBRCBD  I  ADiiniis.  treapaMlns  of  in. 

anty  clerk  and  n  \  • 

;ru<tion    ol  .    188. 

I'nl. I 

Snail  ell  court  k   an  I 

bulldlnga    in. 

i  on. 

Witness    f. 

IIEROBR,   Incoi  \  and  coun- 

■  >f    100.000    Inhabitant*,    Art 

MEXICAN    GRANTS  ion    of    papers    relating     to    Spanish 

laud  claims,  Act 

m   grants   restored   to   publi 
main,    rights   of,    Act 

MBXICAN    WAS  ma    anthortaed    to    leas<»    or    ex- 

MILEAGB*  for  u  issued  ouUide  of  county. 

Ml  1.1  IDE  MY,     arms,     furnl 

■ 
S    1. 
MILITARY    LAW  .       -ans'   Home. 

Jurisdiction     o\  •  ■!     for    military     pur; 

nred    for   militai  . 
or    naval    pur;  Oil. 

Title    to    tlda    lands    adjacent  I    id    for    military    jm 

MILITIA  :    s.  .     NatlOl    il    Qtl 
MILK,   a. lull'  i  ation  of.   pr 
Sale  of  milk  froi 

MILLS.     luiK-h     hour    for    ka  mills    ai<.i  ,.       \ 

MILLVILLE    SCHOOL    DISTRICT,    in    Shasta    Count,    eenaoa   oi 

MINERAL    CABINE1  library,     \ 

v.il    of    n  let    from    state    library    to   Crocker   art 

gallery,     Art    J.otj. 
Trustees    of,    Act    2206. 


MINES   AND    MINING.  JGO 

MINES    AND    MINING,    abandoned    shafts,    covering    or    fencing    of, 

Act   2221. 
Affidavit,    effect   of,    Act   2216. 
Annual    work,    co-owner,    failure   to    contribute    to,    proceedings, 

p.    G23,    §     1. 
Annual  work,   filing  affidavit   of,   p.   623,    §   1. 
Annual  work,  relocation  for  failure  to  file  affidavit,  p.  623,   §  1. 
Annual  work,  what  considered  as,  p.  623,    §   1. 
Claims,    effect   given    to    record   of   notices   of   location    and    affi- 
davits,   Act    2216. 
Claims,    location,    amending   defective,    Act   2216. 
Claims,    manner    of    locating,    Act    2216, 
Claims,    recording   notices    of    location,   Act   2216. 
Coal   mines,   boilers,   duties   regarding,    p.   615,    §    10: 
Coal  mines,   maps  or  plans  of,   preparing,   p.   613,    §  1. 
Coal   mines,   maps,   or  plans  of,   copies,   p.   613,    §   2. 
Coal   mines,   inside   overseers,   duties   of,    pp.   614,   615,    §§    5,   6. 
Coal   mines,    liability   of   owners   for   disobedience   of   statute,    p. 

615,    §    8. 
Coal   mines,    overseer,    negligence  of,    liability,    p.   615,    §    9. 
Coal   mines,    "owner"   includes   lessee,    p.   615,    §    7. 
Coal  mines,  shafts  and  outlets,   p.   613,   §   3. 
Coal   mines,    statute   does   not    apply    to   opening   new    mines,    p. 

615,     §     11. 
Coal  mines,  ventilation,  p.  614,   §§  4,  5. 
Conveyance  of  mining  claims,   Act  2220. 
Corporations,   mining.     Sec   Mining  Corporations. 
Growing  crops,  protection  of  owners  of  from  injuries  by  miners, 

Act    2217. 
Debris,    appropriation,    claims  in   excess   of   invalid,    p.   621,    §    4. 
Debris,    appropriation   for   construction    ol    impounding   dams,    p. 

621,    §    4. 
Debris,    construction    of   works    far   restraining  and   impounding, 

Act    2214. 
Debris,   title  of  land  for   dams,   in  whose  name  taken,   Act  221 5. 
Debris    commissioners,    appointment,    duties    and    compensation, 

Act   898. 
Debris   commissioner,   appointment  and   term   of  office,    Act  222  . 

§   1;   p.    622,    §    5. 
Debris    commissioner,    compensation    and    expenses,    p.    620,.  §    2. 
Debris   commissioner,    duties   of,    p.    620,    §    3. 
Debris    commissioner,    expenditures,    approval    and    payment    of, 

p.    622,     §§    4,    7. 
Debris    commissioner,    inspection    of    construction    of    work,    p. 

620,    §    3. 
Debris   commissioner,   plans   and  specifications,    examination   and 

approval  of,    p    620,    §   3. 
Debris    commissioner,    warrants    for    work    done    or    sites    pur- 
chased,  p.   620,    §    3. 
Deposit,    places   of,    how   obtained   by  miners,    Act  2228. 
District   records,    depositing   with   county    recorders,    Act   2216, 
Escape,   duty  to  provide  miners  with  second  means  of,   Act   ui'22. 
Licenses   from   foreigners,   Act   l'J'M. 
License  not  to  issue  to  aliens  ineligible  to  become  citizens,   Act 

1937. 
Locating  of  mining  claims,   manner  of,   Act  2216. 
Location,    affidavits,    effect    of,    Act    2216. 
Locations,    defective,    amending   Act   2216. 
Location,   effect  given   to  notices  of,   Act  2216. 
Location,    recording    notices   of,    Act   2216. 
Mineral  land  belonging  to  state  and  location  of,  Act  2227. 
Miner's   inch  of  water,   fixing  and  defining,    Act  4355. 


1MJ  MINES    AND    MIN1N  MEANO*. 

Mining   bureau     establishment    and    m  I    en.    Acts    2211- 

QuicksUver,    pui 

. 

S    2. 

I    ■ 

SK-  ruing,    p.   t.is,    5    2. 

Signals,    unlfo:  . 

Signals    and    rule*,    mlnei  k;    cannot    recover,     p, 

rul. 

!   amalgam,    sold   dust   or  quicksilver   ifl   grand    larceny. 

Sum:  i(   mines  or  mining   lul 

MINING    BURBAU,    establishment    a 

MINING    COR1  .    Aurora,     I  .ies    of,    autbor- 

I 

-238. 
blng   or   conveying   writer   for  ml  rations  fo: 

Formation    of,    Act    t 

Formation  ui   corporations  for  dlrecl  ol    imuiiig,   Act 

ition    of    corporation    for    mining 
LO  mine  outride  of  sta 

log    in   oth> 

-.11. 
ng   of    monthly    aecou::;.-.    Act    - 
lease  or  1. 

22 10. 
Other    sta;  .nlng.    Act    22"G. 

MINdRS:   S< 

MISDEMEANOR,     Animal-     wltl  infectious    diseases, 

rying,  a  misdemeanor, 
Artesian    well,    permitting   waste  of   water  from,   p.   40,    §5    1.   " 
Hank   commissioner  to   report  Kink,  p.   47, 

S    S. 
Bank    officer    refu  uig    to    appear    and    testify    before    commis- 

p.    iT,    §   6. 
I3uti  to    mark    weight    of    packages    com.. 

Butter,    renovated,    violation   ot 

('battel    mortgi  1673, 

g      to      III. I!    .. 

i    5. 
Cutting  of   hair  of   ;  1   of,   Act  2834. 

law,  viola  I 

1  '•  Dtal  law,  offenses  again 

y    Isw,    violation   of.    Act    l 
umatlon  of  bodjr  without   permit,  Act  646,   §  3. 
Exhumation     and     transportation    of    body     without     permit.     Act 
645,     i    i. 


MISDEMEANOR— MODOC    COUNTY.  IMS 

Fire,    starting  in  hay,   grain,   stubble  or  grass,   Act  1169. 

Homing   pigeon,    injury   to,    Act   1497. 

Hours    of    labor    for   drug    clerks,    violating   act   governing,    Act 

2GC5. 
Interest,    excessive,    charging,    Act   1673. 
Intoxicating    liquor,    sale    of    near    Mendocino    Insane    Asylum, 

Act   1694 
Intoxicating  liquor,    sale  of  near   Soldiers'   Home   at  YountviL'e, 

Act    1093. 
License  tax,   failure  of  corporations  to  pay,  Act  757. 
Medical  certificate,  fraud  in  issuing,  p.  605,   §   14. 
Medical   examiner,    assuming   to   act   as,   p.   605,   14. 
Medicine,   practicing  without  certificate,   p.  604,    §   12. 
Mi    iiig   shaft,    abandoned,    failure    to    cover   or   fence,    Act   2221. 
Mining  shaft,,  abandoned,  removing  covering  or  fencing,  Act  2221. 
Misrepresentations  of  conditions  of  employment  a  misdemeanor, 

Act    2140. 
Naming,    improper,    of  trees,    plants,    seeds,    etc.,    Act   1510. 
Nursing,    violation    of    statute    relating    to,    Act    2508a. 
Officer,   failure  to  publish  notice,   p.   144,    §   57. 
Ordinances,   violation   of   in   cities  of  fifth   class,   Act  2348,    §    769. 
Paupers,  bringing  into  state,  p.  980,  §  3. 
Ticket  for   foreign   port,   refusing  to   sell,   Act  1031. 
Trading   stamps,    use  of,    Act  4123. 
Warehouses     violation    of    law    governing,    Act   4319. 
MISREPRESENTATIONS,    of    conditions    of    employment,    a    misde- 
meanor,   Act   2140. 

MISSING  PERSONS,   accounting  by  trustee,   p.  627,   §   4. 
Bond   of  trustee,    p.   627,    §   3. 
Duty  of  trustee,  p.  627,   §   4. 

Petition  for  appointment  of  trustee,  who  may  file,  p.  626,   §  1. 
Preference  in  appointment,  p.  626,   §   2. 

Procedure  on  petition  for  appointment  of  trustee,  p.  627,    §  B. 
Provisions  for   support  of   family,  p.  626,   §  2. 
Removal   of  trustee,   p.   627,    §   5. 
Trustee  of,   when   appointed,   p.   626,    §   1. 
MISSIONS.    Gift  of  mission   at  Sonoma  to  state,   Act  2298. 
MISSION    CREEK,    San    Francisco,    declared    navigable,    Act    8253. 
MOBS,    compensation   of    parties   whose   property   destroyed    by   mobs 

or    riots,    Act   2251. 
MOCKING    BIRDS,    destruction    of,    prevention    of,    Act   1314. 
MODESTO,   bridge   across  Tuolumne  River  at  Modesto,   Act  4196. 

Right    to    supply    water    to,    granted    C.    F.    Leavenworth    and 

assigns,    Act    2256. 
Hogs  prevented  from  running  at  large  in,  Act  3612. 
MODESTO   IRRIGATION   DISTRICT,    creation   of,   Act  1724. 
UODOC    COUNTY,    animals    of    another,    wounding    in,    punishment 
of,    Act    1593. 
Apportioning,   school  moneys   in,  Act  3539. 

Bonds  issued  to  Siskiyou  County,  semi-annual  payment  of  prin- 
cipal  and    interest,    Act   2262. 
Creation    of,    Act   2261. 
Fees  and  salaries  of  officers  of.  Act  2264. 
Fences,    lawful   and   partition   in,   Act  U _ '  3 . 
Fences,    tearing    down    of,    prevention    of.    Act   1593. 
Fiies,    leaving   of,   punishment   of,    Act  1593. 
Hunting  on    inclosed   private   land,   prevention   of,   Act   1593. 
Inclosures,    passing  through   and   leaving  open.    Act  1593. 
Officers  of.   fees  and  salaries  of,   Act  2264. 


•    ■ 
MOK'  ipport  Of,    Act   2271. 

•y  of.    Arm   2277 

•       Art    2284. 

II     of,     Art     22<»9. 

■ 

'  iry    Una   between,    Ar- 


' 


<>n    of.    Art*    1(V3.    B9I 
I  Mk*    h»»ln    to    Tlo 


•  ita  hlchwny.    A't 


■ 
.    Act    2298. 


B,    Act   183. 

i    of,    Act    231L 

■ 

Act    2311. 

\    I 

.   Act   2309. 

1-    of    In.    Act    1W. 

t    larKo   In.    Act  lf*3. 
-.ilary    of,     \    ' 

from   to  gpneral    fu- 

Act   2330. 

■ 

TruKl 

<         •■■  ran   Rlrer.    rlRtat 

Cor.  right  of  way  to  6 

MORI  : 

lnl..  ;    *•**■ 


MORO   COJO   SLOUGH— MUNICIPAL   CORPORATIONS.  1645 

MORO   COJO   SLOUCH,    navigability   of,    Act   8325. 

MORTGAGES,   chattel,   corporations  loaning  money  on,  regulation  of, 

Act     758. 
Chattel,    excessive    interest    or    charges,    penalty,    Act    1073. 
Chattel,    limitation    of    charges    that    can    be    made,    Act   1G73. 
Chattel,   limit  of  rate  of  interest  that  can   be  charged,   Acts  758, 

673. 
Foreclosure,    attorney's  fees   and   other   charges  in,    abolition   of, 

Act     2380. 
Foreclosure  suits,   attorney's  fees  to  be  fixed  by  court,   Act  121". 
Fraudulent    conveyance    or    incumbrance    of    realty    by    married 

women,     prevention     of,     Act     2110. 
MOTORCYCLES,    franchises   for   roads    for,    Act   1464. 
MOTOR  VEHICLES,   regulation   of  operation   of   on   public   Highways, 

Act    2331. 
MT.    DIABLO,    destruction    of   deer   on,    prevented,    Act   1313. 
MUD    SPRING    TOWNSHIP,     trespassing    of    animals    upon    private 

property   in,   Act  937. 
MUNICIPAL    CORPORATIONS,    annexation   of   territory   to,   Act  2371, 

237S;   p.   643,    §   7. 
Annexed    territory,    districting,   government   and   control   of,    Act 

2374. 
Assembly   Hall,   incurring  indebtedness   far  authorized,   Act  4372. 
Assembly  halls,  rules  for  conduct  of,  Act  2372,   $  9. 
Between   20,000  and  30,000  authorized   to  vote  on  paying  debt   of 

certain    years,    Act    2825. 
Bicycles,    tricycles    and    similar    vehicles,    licensing    of    author- 
ized,   Act    2345. 
Bonded    indebtedness,    declaring    all    due    at    once,    Act    3S6. 
Bonded   indebtedness,    compromise  of,   by,   Act   386. 
Bonds,   consent  to  juigment  in  favor  of  holders  of,  Act  386. 
Bonds,   election  on  issuing   for  expenses  of   year  18S3,   Act  383. 
Bonds,    remaining    unsold,    destruction    of,    Act    385. 
Bonds,    submission  to   electors  of  proposal  to   issue,   Act  372. 
Bonds  of  officers,   premium  in  to   be  paid  by,   Act  2544. 
Boulevards,   cities  and  cities,   and  counties  authorized  to  acquire 

and  maintain,   Act  2S79. 
Boundaries   of,    p.    638,    §    2. 
Boundaries  of,  change  of,  Acts  2373,  2374,  2375,  2377,  2379;  p.  «4!!. 

§    7. 
Bridges,   cities  authorized  to  maintain,   Act  418. 
Bridge  within   city   limits,    expense  of,   Act  419,    §   2. 
Bridge   within    city    limits,    power   of   county     supervisors     over. 

Act  419,    §    1. 
Bridges:   See  Bridges. 
Cemetery  purposes,   cities   of  less   than  first   class   authorized   to 

obtain   lands  f oi ,   Act  2381. 
Cemeteries,   rules,   and  regulations  for  government  of,   Act  2381. 
Census,  taking  of  by,   Act  555. 
Charter,    abandoning    and    organizing    under    general    laws,    Act 

2359. 
Charters,    elections   upon,   Act  1014. 
Charter,   amendments  to,   election  upon,   Act  1014. 
Charters  or  amendments,  conduct  of  elections  upon,  Act  367. 
Compensation   of   parties   whose  property    destroyed   by   mobs   or 

riots,     Act    2251. 
Classification   of,  Act   2347. 

Classification,  reorganization  after,   Act  2347,   §  3. 
Consolidation   of,   p.   644,    §    8. 
Consolidation  of  certain  city  offices,  Act  4043. 


MINI'IPAL    CORPORATIONS. 

Conveyances    for    charitable    or    educational    purposes,    ratifica- 
tion   of,     I 

Of   t.  rriiory.    Act    . 
orUed    to    Incur    for    wat<  i  etc.,     Act 

2361. 

'  !y    hnll.    incurring   of    aull 
for  improvements.   Incurring  of  autli'  2371; 

p.    1061,    i    1. 

for  Improvements,  limit  on.  Act  2T71.   5  4;  p.  10C3,   §  5. 
:  to  refund 

on   question    of 

than    flr-l  2308. 

'lation   of.   Acts    I 
tlons,   conJuct  of  wh'To   held  tlons, 

ion    day.    aupcrviaorB   authorized    to   declare   a   holiday,    A.  t 

-  lating  to  do   not  affect  Impounding  laws   In,   p, 

\    | 

i  •B8,   adjustment  of  c 
Gas,   qua!  !    price   ol 

authoiired    to   receive,    Acts   ( 
Gift,    authorised   to  ob  :i  plti.-s   by,    Ac 

ing  and  operating  by 

:    ou    street    railroads    In    ctl  100,000,    Act 

rtlttOO    and  division,    height   of   In   cities.    Act   1139. 
Kir.  y   of,    Act    I 

■■r,    changing    In    citl<  -  under    charters,    Act 

Franchises   for   paths   and    roads   for   bicycles   and   horseless   ve- 

Fran.  Dg   of,    Act.- 

ids    b.  yond    i  ity    limits   to    public 

a 

■ 
norized    to 
Hours   of   labor:    See   Hours  of    I 
Improi  .il    tax    for,    Act 

o,   authentication  of,  10,   1}   3.   4. 

Jnco-  ;  of,    filing   with   secretary   of   state,    pp. 

Ii   I     1. 
I  'atlon,  complete,  when,  i>p.  680,  64fl,  $5  3,  4. 

poration.    effect   JO    a:  ulcers,    p.    640,    {    4:    p 

5  C 
Ine.r  |   2,   3.    4. 

Incorporation,    officers,    entry    of    on    duty    and    election    of,    pp 

?§    3.   4. 
Incorporation    of    Incorporated    city.    u:iri>r    municipal     co 

tlon    bill.    p.    I  5    5. 

Incorporation,   procedure   01  5    2. 

on.    right    of.    p.    686,    5    1. 
Improvements,    additional   bonds   requiring  of   tn  ■  on  r.    p 
J    IL 


MUNICIPAL    CORPORATIONS.  1*47 

Improvement     debt,     incurring    of    authorized,    Acts    2369,    2371; 

p.   10G1,    §   1,  Act  2900. 
Improvements,    disposal   of   surplus    funds.    Act   2346. 
Improvements,    incurring   indebtedness   for,    procedure,    pp.    1061, 

1062,    §§    1,    2. 
Improvements,    letting    of   contracts,    p.    10G5,    §    10. 
Improvements,    limits    of    indebtedness,    Act    2371,    §    4;    p.    1063, 

§   5. 
Improvements,    plans,    ind   estimates   of,   p.    1063,    §   4. 
Improvements,    publication    of   intent   to    incur   indebtedness   for, 

p    1062,    §  3. 
Improvements,    rules  governing  and   superintendence  of,   p.   1065, 

§   9. 
Improvements,   special  tax   for,   Act  4042. 

Indebtedness,    incurring    for   public   improvements,    Act   2900. 
Indebtedness,   incurring   for  waterworks   and   sewers,    Act  2361. 
Italian    interpreter,    appointment    of    in    cities    of    100,000,    Act 

1680. 
Joint  ownership  of  water  supply  by  cities,  Act. 2362. 
Judgments   against  cities,    and  cities  and  counties,   payment   of, 

Act   1746 
Judgments  against  cities  and  counties  of  certain  sizes,   payment 

of,   Act  1747. 
Judgments    against   cities    and    counties    over   100,000,    how    paid. 

Act  £00. 
Judicial  notice   of  existence  of,   p.  639,    §   3. 
Lease    of   property    of   veterans    by    county,    city    and    county    or 

town    amhorized.    Act    4287. 
Licencing   of   bicycles,    tricycles,   etc.,    authorized.    Act  2345. 
Lighting  of  streets,  lanes,  etc.,  acts  providing  for,  Act  2"33. 
Lighting    of   streets,    lanes,    etc.,    assessment    of    property    bene- 
fited,   Act   2233 
Lighting   streets   and   public   buildings,    letting   of   contracts   for, 

Act  2340. 
Merged   cities   arid   counties   of   100.000   inhabitants,   incorporation 

and  government   of,   Act   2339. 
Officers  of:   See  Particular  Officer. 

Organization,    incorporation    and    government    of,    Act    2348. 
Organization     and     incorporation,     validating,     Acts     2332,     2354 

Payment  of  materialmen  and  laborers  on  public  works,  securing. 

Act  2895. 
Pesthouses    within    cities,    establishment   of   prevented,    Act   2646. 
Police:   See   Police  Department. 
Police    courts    in:    See    Police    Courts. 
Premium   on   official  bond,   payment  of  by,   Act   379. 
Prisons,   consolidated   cities  and  counties  over  100,000  authorized 

to  alter,   Act  32S4. 
Protection   of  growing  timber  on   public  grounds,   Act  1402. 
Public  buildings,   cities  over  100,000  authorized  to  condemn   land 

for  and   erect,   Act  23<j4. 
Public    buildii  gs,    regulation    of    erection    of,   Act   2896. 
Public   buildings,    unfinished,    change  of  plans.    Act  2899. 
Public   buildings,    unfinished,    completion    of,    Act   2898, 
Public  buildings:     See  Public   Euildings. 
Public   parks:    See   Public   Parks. 

Public  works,   minimum  compensation  for  labor  on.   Act  2894. 
Public   works:    See   Public   Works. 
Reorganization  of,   Act  2347,    §   3. 
Reorganization,    effect    on    and    duties    of    officers,    pp.    640,    642, 

!.    6. 
Reorganization,    validation   of,   Acts  2356,   2357,  2358. 


'    r     municipal    cor. 
■ 
^-  n.-r.il    law   and   abandoning   chartor 
MA 

act  a*.   Aci  2nt<i.   |   ;. 
•<>   act    where   no   city 

2361. 

niicp   of   adjacent    to, 

- 1 4 1  ; 

may    autaoritr 


-    than    fln>t 

■    ■ 

<-ltt«e  bx  act   of 

Acta    2154.   Btt. 

Act    2M3. 

f    »    -k .    so   pro- 

jtbu    and    raarnrolr   sltaw,    authorized    to   a 

-  /--d   to  obtain,   Ael  2H0 

I    19. 

■      !      k      |      .1     tax     therefr 

larle*    out   of   f«aera. 
■ 

I 

••M.    I   U 
I   St. 
•'rt.  |  W. 
- 


!''IPAL     CORPORATIONS.  ]*49 

Officers  of,   names,   numbers  and  terms  of,  p.  647,   §   20 

Offi  i  officers. 

Particular  officers  of:   Sop  Particular  Title. 

Payment    and    registry    of    demands    and    investigation    of    non- 

paj  mi  lit.    p    i  9       . 5   96,   '.'7. 
Payments  not  to  be  made  unless  authorized,  p.  C95.  §  91. 
Perpi  tual  suc<  es»ion,   p.  i  IT,   §   19. 
Printing,    Iettii.g  out  on  bids.   p.   703,    §    106. 
Property   rights  of,    p.    647,    9    19. 

rgaoixing    under    municipal    corporation    bill,    provision    for 
dcbi  ormer  city,  p.  770,  §  286. 

Seal,   p.  617,   §  19. 

' .  St  ■  ond  <  lass. 

Bonds,  how  paid,    p.    782 

City  engineer,  appointment  and  duties,  p.  3 

Debts  in  exc   ss  of  funds,  how   incurred  and  paid,  p.  781,   }  329 

.   limit  upon  amount  of,  p.  781,   §   328. 
Hebts,  warrants   not   to  be  drawn   if  no   lunds,   p.    7M,    5   228. 
nids,   allowance  of.   p.  791,   §  371. 

Name  of,   p.   771,    §   300. 

Officers  of  and   time  of  election  of,   p.   771,    §   301. 

Particular   officers.    See  Particular   Title. 

Population  of,   p.   771. 

Powers  of  generally,    ,..    771.    §   300. 

Reports  of  officers,  p.   794,    §   379. 

Salaries  of  officers  of,    p.    77:j,    §   307. 

Sales   and   leases   of  city  property,   p.    779,    §    322. 

Seal,   p.   771,   §   360. 

c.  Third  Class. 

City   printing,   to   be  let  out  by   contract,   p.   879,    §   536. 

tacts,  officers  not  to  be  interested,  p.  £27,  §  531. 
Debt  in   excess  of  available  money,   p.   S13,    §   527. 
Debt   in   exi  lilacle  money,   hew   incurred   nnd   payment 

of,   p.   813,    5  52S. 
Demands,  procedure  in,  p.  813,   §  526. 
Eli  '-'ions  in,  p.  807,   §  507. 
Eligibility  of  officers,  p.  808,   §  59S. 

500. 
Officers  of,   p.   805,    §   501. 

Officers   collecting    moneys,    sett'emc-nts,    p.    827,    §    590. 
Officers,    duties    and    compensations    prc-cribing    and    fixing,    p. 

821,    ! 
Officers,   supervisors  appoint  whet,  p.  806,    §  5C3. 
Offices,    vacancies,    filling    of    and    term    of    appointee,    p.    807,    S 

Particular  officers:   Pee   Particular  Trie. 

Population   of.    | 

Powers    generally,    \>.    805,    §    500. 

Public   work   not    to  be  done  by  contract,   p.  819,    j   536. 

Seal   of,   p.   805,    §   500. 

J.   F><irth  Class. 

Contracts  for   work,    how   let,    p.   840,    §    628. 

Mid    against,    p.    838,    5    624. 
Expenditures,    lin.it    upon,      p. 838,    S    626. 

litures,   excessive,   void,   p.   840, 
FiFcal    year,    when    begins,    p.    846,    §    644. 
Gen.  Laws — 104 


v.    p.   838,    |   623. 

J    610. 
<)',    <31,    S|   GOB. 

I 

'  '    ~TJ    p.   ^0 

manner   of    mid    payment    of. 


' 


:    *io. 

alar  Title. 

■ 

I 

8TL 

;>.  6W. 

f.   dti 

■    «^8, 

rty  and   win  line  up   Affair* 

•    865. 

In    ln<urr 

.    Act  2348.    f   773. 

.itlon   Talldnt.d.    Act  2349. 

of.    Act   n 

- 

bids,    p.    I 
-.    I    883. 


MUSEUMS— NAPA    INSANE    ASYLUM.  1651 

Rights  o-f  way,    acquiring  in,   p.   904,    §   870. 
Warrants  on   treasury,    president    to   sign,   p.   906,    §    875. 
MUSEUMS,  assumption  of  control  by  trustees,  Act  4164. 

Gifts   and   donations   to,   encouragement  and  protection  of.   Acts 

4162,    4163. 
Relinquishment    of    rights    in    by    founder   or    wife.    Act   4164. 
Trusts   for    benefit  of   creation   of.   Acts   4162,    4163, 
Trusts   for  benefit  of,   determination   of  validity   authorized.    Act 

4165. 

MURDER,    public    executions    abolished,    Act    864. 

MUTLAL  LIFE  INSURANCE  COMPANY,  authorized  to  invest  money 
in   California,   Act   16Tu. 

NAMES,   alieL=)  declaring  intention,  names  of  to  be  indexed,  Act  123. 

Brazos  del  Rio  changed  to   Rio  Vista,   Act  413. 

Conveyances   by   persons   whose   names  are   changed,    Act  904. 

Dorris    Bridge,    town    of,    name    changed    to    Alturas,    Act,  970. 

Fiddletown,    name   changed    to    Oleta,    Act   1163. 

Lexington,   name   changed   to   El   Monte,   Act   1926. 

Mendocino   state   asylum,    name    changed    to    Mendocino    asylum 
Act   1630. 

Mokelumne  Hill,   name  changed   to  Lodi,   Act  2271. 

New   Republic,   name  ^---re(j   t0  Santa   Rita,   Act  2479. 

New   San   Pedro,   name  changed   to   Wilmington,   Act  2484. 

Redding    changed    to    Reading,    Act    3000. 

Rough  and  Ready,   Siskiyou  County,   changed   to   Etna,   Act  3033. 

School    districts,    names    of,    changing,    Act   3568. 

Union,   name   changed   to   Areata,    Act   4209. 
NAPA  CITY,   charter  of,   Act  2388. 

Incorporation    of,    Act    2387. 

Reincorporation   of,    Acts   23S7,   2388. 

Water   supply   for,    Act  2389. 
NAPA  COUNTY,  animals,  estrays  in,  Act  2399. 

Animals,  trespassing  in,  Act  240O. 

Assessor,    Act   2395. 

Boundary,    northern,    of,    Act  2397. 

Courthouse,    building    and    furnishing    of,    Act   2396. 

Great   register   in   dispensed   with   in   certain   elections,    Act  2398 

Jail    in,    building   and    furnishing    of,    Act   2396. 

Notarial  acknowledgments  by  N.  M.  Bonham  legalized,  Act  2391. 

Notaries,   additional,   for,   Act  2501. 

Umcers,    salaries    and    compensation    of    certain,    Act    2402. 

Prisoners,    supervisors    authorized    to    put    at    work,    Act    2403. 

Protection  of  fish  and  game  in,  Act  1318, 

Records   of,    transcribing   and   preservation    of   certain,    Act   2405. 

Roads    in,    establishment    and    maintenance    of,    Act   2406. 

Sonoma   and    So.ano   counties,    certain   records   of   transcribed    to 
Napa    County,    Act    2404. 

Squirrels  and  gophers,   destruction  of,   Act  188. 

St.    Helena,    incorporation   of,    Act    3S94. 

Supervisors    of,    reorganizing,    Act    2407. 

Surveyor,    fees    of,    Act    2408. 

Suscol   rancho,   title  to  lands   in  quieted,    Act  2409. 

Swamp   land    fund    transfer   of   to   general   fund   authorized,    Act 
2401. 

Water    rommiss'oners    for,    Act   4365. 

Waters,    overseer  to   regulate,   Act   4365. 
NAPA   INSANE    ASYLUM:     See    Insane   Asylums. 


NM'A      LADIES     BEMINARY-'-NEV  M'\      COUNTY. 

NAPA     Li  OTNARY,    authorised    to    grant    diplomas, 

MIT 
NAPA     RIVER,    bridge    across    at    Napa    City,    construction    of.    Act 

:    of   prevented,    A<t   1329. 
NATI0NA1  'ion    for  payment   of,    for   April-Jun<-. 

Arm  Btted 

of.     Act 
.    of  instruction,   a-  qulsltlon  by  donation  of  site  for  author- 
'    - 

•  iutlcs    of, 
ruction,   encampmenta  to  be  held  at, 
■ 

Ion. 

Natl    rial   Guard   serving   In. 
•  gtita   of,     ' 

\iens. 

;is    declarinK    intention    or    becoming 

iry  In,  p.  U 
NAVAL     BATTALION,      ft)  National      Gu.ird,      Acts 

E>taWlshnient   of.    A  .140. 

NAVK    '  .aera. 

NAVII 

NAVIGATION  "  '      Acts    435.    244H 

I  sites  for  light- 
In  ii. 

use    of   on   steamers.    Act   3SS8. 

•nan's    Re- 
■  r   causing   death    by    wrongful   act   or 
use    of   on   steamers,    Act   3888. 

NEGOTIABLE    INSTRUMENTS,    act    relating    to    bills    of    exchange 
promissory  notes.  Ad 

NFl  ,      -  i    Costa    County,    declared    navigable     Act 

NEVADA   Cm  'rom  Colfax  to,  Act  2918. 

NEVADA     COUNTY,    Colfax    to    Nevada  -  jad    from. 

(-rM.  and  mlleai 

I  ascs,    Act   .MG6. 

1138. 
lawful,  In.    ' 

an   poll   tax,   Act 

1311. 

Growing    timber   on    prlvat  •     destruct»>n    of    prevented, 


NEVADA     Cr»I-NTY-XT-R--IXG.  165:5 

Hunting  on  private  inclosed  grounds  in,  prevention  of.  Act  1577 

Indexing   of   certain    deeds,    manner   of.    Act    2470. 

Nevada    ichool    district,    powers    and    duties   of   board   of   educa- 
tion  of,    Act    2472. 

Officers    of,    salaries    of,    Act 

Records   of   validated,    Act   2469. 

Roads  in,   location,   construction  and  maintenance  of,  Act  2471. 

Sta. lions    prevented    from    running    at    large    in,    Act    1063. 

Supervisors    authorized    to    remove    bodies    of    certain    deceased 
persons,   Act  2474. 

Supervisors,    quarterly  meetings  of,    Act   2473. 
NEW    REPUBLIC,    name    changed    to    Santa    Rita,    Act   2479. 
NEW    SAN    PEDRO,    name   of   changed   to   Wilmington,    Act   2484. 

NONUSER,    dissolution    of    reclamation    and    protection    districts    for 
Act  4026. 
Dissolution    of    reclamation    districts    for    nonuser    of    corporate 
powers,    Acts   2Sf'3.    2974. 

NORMAL    SCHOOLS:     See    Schools. 

San  Francisco,  site  and  building  for,  Act  3535.  * 

NORTH    BEACH    AND     MISSION    RAILROAD    COMPANY,     certain 

privileges   granted   to,    Acts   24S9,    249(1,    3260,    3261. 
NORTH    SAN    FRANCISCO    HOMESTEAD    AND    RAILROAD    ASSO- 
CIATION,   commissioners    of    swamp    and    overflowed    lands 
authorized   to   convey   lands   to,   Act  2495. 
NOTARIES,    duties   of,   defined,    Act  2502. 

Officers,   certain,   not  eligible   to  appointment,   p.   146,    §    65. 
Particular   counties,   notaries  in:     See   Particular  Title. 
NOTICES,   constable,  authority  of  to  serve,   Act  S37,    §    153. 

Failure  of   officer  to  publish,   a   misdemeanor,   p.    144,    §    57. 
Includes  what,   p.   151,    §   S8. 

Publication  of,  fees  to  be  paid  in  advance,   p.   144,    §   57. 
Sheriff,    duties   and   liabilities   regarding,    pp.    151  'et   seq.,    §§89 
et  seq. 

NOVATO  CREEK,  declared  navigable,  Act  2505. 
NUECES  CREEK,  declared  navigable,  Act  2506. 
NUISANCE,    artesian   well   not   capped,   p.    40,    §    1. 

Cities  of  first   class,   abatement   in   where  owner  non-residpnt   nr 
cannot  be  found,  p.  744,   §   193. 

Cities    of    third    class,    nuisances    in    and    remedies    for     d     814 
§    530. 

Cities   of   fifth  class,   what  are,    in,   p.   S78,    §    770. 

Cities  of   fifth   class,    abatement   of,    p.    878,    §    770. 

Cities   of  sixth   class,   what  are   in,   p.   902,    §   868. 

Cities  of  sixth   class,    abatement   of   in,    p.    903,    §    868. 

District  attorney  to  bring  suits  to  abate,    Act  012. 

Establishment  of  pest-houses  within  cities  prevented,  Act  2646. 

Public,    district   attorney   to   bring   suits  to   abate,   Act  2508. 

Public   prevention    of,    Act   2507. 
NURSING,    act    governing    occupation    of,    Act    2508a. 

Examination   of    nurse9,    Act   2508a. 

Issuance    of    certificates    of    registration    as    registered    nurses 
Act   2508a. 

Penalties    for    violating    statute    relating    to,    Act   2508a. 

Promotion    of    better   education    of   practitioners   of,    Act   2508a. 

Qualifications   of  nursesl  Act  2508a. 


1«54  OAKLAND— OFFICES   AND  OFFICERS. 

OAKLAND,    Alameda.   Oaklnnd  and   Pledmnnt   railway   company,   cer- 
priYltegM    granted    to.     kM    -   11. 
Assessor  of  township  Of,   compensation    of.   Act  2513. 
*  snlary    of.    Act 

Boarl    of    education,    powers    of    fixed    and    United,    Act    2515. 
Bonds,    common    council    authorized    to    Issue,    Act    2617. 

:    lal*.   of    to   cancel    other   bonds.    Act   2515. 
to   pay    floating   debt.    Act    I 
Bridge  across  San   Antonio  estuary  authorized,   Act  2518. 
Char- 

Debt,    float  I  ft~,    Issuance  of   bonds   to   pay.    Act  2516. 
1 1.  i>t,   ln<  Hiring  o:   :  Act  2516. 

■!ons    In.    time    for    hi 
Oas   pipes   In.    laying   of. 

Harbor,    <•  Act    2521. 

Incorporation   of,    I 
Ladles'   relief  society,   common    oiuncll   authorized    to  pay   police 

■ 
I.ik.     htenritt,    destruction    of    fish    and    game    In    prevented,    Act 

.1317. 
Oakland    benevolent   society,    common    council    authorized    to    pay 

police   court   fines   to,    Act 
Ordinance    abandoning    certain    streets    ral 
Ord:.  -  to  the   pen  .'"3. 

Receiving  hospital,   supervisors  to  establish   in    I  lot  103. 

In    to   be   paid    to   city    treasury.    Act    1*0. 
Bait   marsh    and    tide    lands   grantel 
San    Antonio  estuary,    bridge   across   auth<" 
Sewers,   construction   of   main    sewer   authorised,    Act 
Street*'  in,   opening  of,    Acta   2527.    I 
Streets,    rw     -^cce    abandoning    certain    ral 
Superintendent    of    schools,    salary    of.    Act 
Wards,    districting    city    Into,    Act    : 
Water   pipes   In.    laying   of.    Act 
Water   supply   of,    Act   2530. 
Water  works,   acquiring  and   maintaining.   Act 
OAKLAND    BBNHVOLKNT    SOCIETY,    common    council    authorized 

to    pay    police    eiiurt    fines    to,     Aet    ""'II. 
OATHS-    consolidation   of   offices,    oaths  of   officers   on.    Act   S37,    8    55. 
Oath    of     .nice    no    fee    for    administering    or    certifying,    p.    319, 

i    227. 
Particular   officers,   r»>wer   to  administer  :    See    Particular   Title. 

OCULISTS:    See    Optometry. 

ODD    FELLOWS,    corporate    powers,    right    to    assume,    to    erect    odd 
Fellows"   halls,   Act  2536. 
Trustees  authorized  to  lease  a  lot  In  San   Francisco,  Act  2537. 
OFFICES   AND    OKF1CEIIS:     See    Federal   Officers. 
Absence    from    state,    p.    146,    8    64. 
Bonds  of:     See   Bonds 

Candidates,    certain    act?    prohibited,    Act   ".'.'■IT. 
Candidates,  protection  of,  Act  2517. 
QttlSi  '"    public    servi  r     127, 

2543. 
Claim    nfialnst  county,    illegal   allowance,   duty   of   district  attor- 
ney,   p.    115.    8    8. 
Claims     against    county,     liability     of     officer     allowing     without 

authority,    p.    115.    8    7.  .      „ 

Claims    against   counties,   officers   charged    with    notice   of   extaut 
111.    5    6. 


OFFICES    AND    OFFICERS.  1«55 

Claims,   officer  not  to  present  or  advocate  of  another  officer,   p. 

138,    §    39. 
Consolidated,    county    offices,    what    may    be    consolidated,    Act 

837,    §   55. 
Consolidation    and    abolition    of   certain    city    offices,    Act    404S. 
Consolidation   of  certain   officers,   p.   143,    §   55. 
Consolidation  of  cities,   effect  of  on  officers,  p.  644,   §  8. 
Consolidation   of  offices,    oafh   and   bond   on,    p.    144,    §    55. 
Consolidation,    separation    and    reconsolidation    of   offices,    p.    144, 

§    55. 
County    officers    enumerated,    p.    143,    §    55. 
County  officers,   time   of  election  of,   p.   145,    §   58. 
County  officers,   when  take  office,  p.  145,    §   58. 
Debts    against    state     in    excess    of    appropriation,    creation    of 

prohibited,    Act    2826. 
Deputies,    number   of   and    appointment   of,    p.   145,    §    59. 
Deputies,   oath  of,    p.    145,    §    59. 
Deputies,    officers   when   to   pay,    p.   316,    §    215. 
Deputies,    power    given    principal    includes,    p.    145,    §    60. 
Educational  offices,  women  eligible  to,  Act  2542. 
Eligibility   to,   p.   143,    §    54. 
Failure  of  officer  to  perform  duty  where  fees  tendered,  liability, 

p.    320,    §    222. 
Fees    of.    Act   1119. 
Fees:    See   Fees. 
Fees,   commissions   and  percentages,   manner  of   paying  in  cities 

and    cities    and    counties    over    100,000,    Act    1121. 
Fees  of   county,   township   and   other   officers.   Act  1123. 
Fees,   statement  of  to  precede  warrant  for  salary,   p.   320,   §   221 
Fees,    illegal,    supervisors    to    remove    officers    collecting,    p.    320. 

§    225. 
Fees,    what    and    when    to    be    paid    to    county    treasury,    p.    318, 

§    216. 
Gifts   and   bequests,   authorized   to   receive,   Act  1356. 
Hours    of    labor:     See    Hours    of    Labor. 

Inmate  of  institutions  not  to  make  articles  for  officers,   Act  2551. 
Intoxication   of  officers,   Act  2548. 

Leases  and  other  contracts  by  officers,   ratification   of,   Act  2546. 
Notices:     See    Notices. 
Oath    of    office,    no    fee    for    administering    or    certifying,    p.    321, 

§   227. 
Oaths,    what   officers   may   administer,    p.    145,    §    63. 
Office    hours,    p.    145,    §    61. 

Offices    of    county    to   be    at    county    seat,    p.    145,    §    61. 
Office,    term   of,    p.   145     §    58.  -  . 

Payment  into   state   treasury  of  moneys  received  by  state   insti- 
tutions,  commissions   and   officers,   Act  1279. 
Preference   to   ex-union   soldiers,   sailors  and  marines,   Acts  2893, 

3695. 
Qualifying,  removal  for  want  of,  unlawful  when,  Act  2552. 
Qualifying,   removal  for  want  of,   enjoined  when,   Act  25o-. 
Ratification    of    leases    made   by    officers    for    terminal    facilities, 

Act  1890. 
Removal   of,   for  violation  of  official  duty,   Act  2545. 
Reorganization   of   city,    effect   on   officers   and   duties   of,    p.    bw, 

§   4;  p.   642,    §   6. 
Retaining  part  of   wages   of   laborers  on   public   works   a   feiony, 

Act  2549. 
Retaining    portion    of    salary    of    subordinate    officers    a    felony, 

Act   2549. 
Salaries,   Act  1119. 


-  ■ . 


Sal;"  1   arc  In   full  compensation   for  all  ser- 

Sahi  I   on  Incumbents,  t>.  323,   §  233. 

§    231. 
| 
r  counties:     See   Particular  Title. 
iter  of  finds  io.  p.  319,  S  219. 

LB,    I    -19. 

ritj   of  supervisors,  Act  837,  |  66. 

r  salaries  Of,    Art    -T.49. 
Ity   for.   p.  321,    i   226. 

' 

Town    .  '  •  s,    p.    146,    5    f>8. 

1  IS,    §   58. 
Tn  ;>  -  Sltb    notice   of   condition    of, 

iiv    fill    what.    p.    129,    subd.   19. 
illty  of.    p.    143.    S   64. 

CITIES  01    PABTh  VI   \U  < 

annual  reports,  what  off  ke,  p.  664,   S  29. 

•    class.   h<  n   of  and   copies   from, 

t  to  1  r  reduced  durl'iK 

I  tn  be  audit'  I    91. 

s    to   dutl<  -  to   city   attorney, 

First  .  latlve  to  contracts,  p.   747,   5   204. 

one-twelftb   act,    pp.  702,   703,    5  5   102- 

slslng  under  Municipal  Corporation  bill 
i>    770     5 
Fir  •  rises  and  allowances,  p.  648, 

§    23. 

r  to  contract  debt,  p.   658,    5   M. 
number  and  terms  of  office,   ; 

'   in  contracts,  p.  653,  8  27. 
ths.    what   officers   may  ".    §   95. 

5   20. 

:.■  It y   for  a:  Is,   p.   JB7,    5  95. 

5   98. 
mining    bids    iu    advance,    punls! 
I 

>    22. 

to  treasury,  p.  772,  5  303. 
■  office,  p.  77:;. 

an  tics,    p.    772,    §    304. 
f.   p.   794,    5   "79. 

list,    p.    794.    5    3S0. 
il  class,   vai 
Third  class,  contracts,   not  to  h'  p.  827.  I  591 

Tnii  ibtng    and    living. 

Third    class,    eligibility   of  officers,    p.    SOS,    g   508. 


OFFICES    AND    OFFICERS— ORDINANCES.  1657 

Third  class,  officers  of,  p.   SC5,    §   501. 

Third  class,  officers  collecting  moneys,  settlements,  p.  827,   8  590. 

Third  class,  supervisors  appoint  what,  p.  806,   §  503. 

Third  class,    vacancies,    filling  of  and  term   of  appointee,   p.   807, 

§  505. 
Fourth    class,    compensation,    additional    not    allowable,    p.    831, 

§   610. 
Fourth    class,    officers    of,    duties    and    compensation    of,    p.    828, 

§    601. 
Fourth  class,   officers  of  enumerated,   p.   S28,    §   601. 
Fourth  class,   qualification   of  officers,   p.  830,   §   605. 
Fourth   class,   vacancies   in  office  and   filling  of,   pp.    830,   831,    §§ 

605,   606. 
Fifth  class,  bonds  of,  p.  868,  §  753. 
Fifth  class,  compensation  of  officers,  p.  868,   §  755. 
Fifth    class,    contracts,    officers    not    to    be    interested    In,    p.    93, 

§  811. 
Fifth  class,   eligibility  to  office,   p.  869,    §   757. 
Fifth  class,  oaths  of  officers  of,  p.  868,   §  753. 

Fifth  class,   officers  collecting  moneys,  settlements,  p.  893,   §   810. 
Fifth   class,    officers   of,  p.   867,    §   751. 
Fifth   class,    supervisors   fix   duties  and   compensation   of   certain 

officers,   p.   8S7,    §   791. 
Fifth  class,  vacancies  in  office,  filling  of  and  term  of  appointee, 

p.   S68     §    754. 
Sixth  class,   collecting  moneys,    settlement,    p.   912,    §    885. 
Sixth  class,   compensation   of  officers,   p.   S96,    §   856. 
Sixth   class,   contracts,   officers  not  to   be  interested  in,   p.   912,    § 

886. 
Sixth  class,  duties  and  compensation  of  officers,  fixing  by  super- 
visors,   p.    911,    §   881. 
Sixth  class,   election  of  enabled  where  city  without   officers,   Act 

2350. 
Sixth   class,   eligibility  to   office,   p.   S97,    §    857. 
Sixth  class,  supervisors  imay  appoint  what  officers,  p.  895,   §   852. 
Sixth    class,    vacancies,    filling    and    term    of    appointee,    p.    896, 

§    854. 
OIL,   injury   to  petroleum   bearing   strata,    prevention   of   from   water, 

Act  2556. 
Oil  strata  defined,  Act  2556,   §  3. 
Owner,  defined,   Act  2556,    §  3. 

Wells,    abandoned,    to   be   filled   with   earth,   Act  2556. 
Wells  drilled   in  oil-bearing  strata  to  be  cased,   Act  2556. 

OLEOMARGARINE,    sale  of  as   butter  prevented,    Acts  2561,   2562. 
OLE'TA,  name  of  Fiddletown  changed  to  Oleta,  Act  1163. 
OLIVE  OIL,   regulation   of   sale   of,   Act  41,   2567. 

Sale   of   imitation  olive   oil  regulated,   Act  2568. 
ONE  TWELFTH  ACT,  in  cities  of  first  class,   pp.   700-703,   g§   102-105. 
OPTOMETRY,   board  of  examiners,   Act  2573. 

Regulation   of  practice  of,   Act   2573 
ORANGE  COUNTY,  boundaries  of,  Act  2578. 

Classification   of,    Act   257S. 

County   seat,    determination    of,    Act   2578. 

Creation   of,   Act  2578. 

Organization  and  selection  of  officers,  Act  2578. 
ORDINANCES,  election  on  question  of,  p.  117,   §   18. 

Entry  of.   p.   134,   §  26. 

Form    of.    D.    134.    §    26. 


ORDINANCES-'   I: MIAN    ASYLUM. 

ordinances  .    how   paid.   Act   837, 

vc,    of.    Act    837 
S    25   1 
ordlnam 

•   by,  pas*.-.  I    • 

ittlng  cars  to  be  pro;  etricity  ratified. 

P 

I     5    26. 

C42,    |   6. 
Signing  and  attesting,   p.  131 

:    <      ;   •  petition,   p.    H7. 


CITIES  OF  I'  IBT1CVI   '  ! 

•    '    ■ 

nitlon    bills,    p.    661.    {    61. 

r  veto,   p.   861,    i   61. 

5    63. 

■    I    5   sfi. 
majority  %       -age  of,   p.   6S8,    I   50. 

-.    publication   of,   p.    I 

59. 
adoption   of,   p.  160,    5   57. 
sinning  bills,   i 
First   class,    subject    and    til  I    56. 

•    of .   p.   878,   S   769. 

Third   cla- 

Third  Hn-  lion  and  publication,  p.  812.    9   MR. 

!  runislin 
Fourth    cil  approval    by    mayor    and    passage 

ovc 

: 
irth  class,  •■:.    J   631. 

Fourth    cl  x,  nd    publication    of,    p.    842.    ${    631.    632; 

p.    S43.    ii    63. 

<      S74,    i  766. 
Fifth  class.  Judl< 
Fifth  class,  ordinances,   limitation  on  passage  <  I  763. 

}    <S9. 
Fifi >  ;    788. 

Fifth  Ing,   attesting  and   publishing,   p.   874,    5   765. 

, 
as  evidence,   p.  90S,    8   878. 
.   Boning,  nd   publishing,   p.   Ml,    5    S63. 

Sixth   cla.--  |    .niehnnnt   of,   p.    SH2.    5    867. 

OKi  >\  II. LB.   hogs  running  at  large   In.  prevention   of,   Act  1 
purposes,    I 

ORPHAN  ibandonment    of   children.    Act   2G94. 

Adoption    of    children,    managers    authorixed    to   consent    to.    Act 

Appropriation    for   relief   of,    Act 

Approprl  rpb&n,   half  orphan  and  abandoned  children. 

Acts  54,  2595. 


ORPHAN    ASYLUM-PAUPERS.  H39 

Authorized  to  bind  children  as  apprentices,  clerks  and  servants, 
Act  214. 

Boards   to   investigate   organizations  receiving    dependent  or  de- 
linquent children,   Act  1769. 

Guardians  of  children   In,   appointment  of,   Act  2597. 

Managers  of  orphan  asylums  may  consent  to  adoption,   Act  27. 

Notice   of  children    admitted,    Act   1622. 

Quarterly  publication   of   children   admitted,   Act  2598. 
ORPHANS,  care  of  orphan  children,  Act  1622. 
See   Orphan   Asylums. 
OSTEOPATHY,   licensing,    Act  2602. 

Regulation   of  practice  of,   Act  2602. 

State  board  of  osteopathic  examiners,   Act  2602. 
OVERSEERS,   water,   in  particular  county:    See  Particular  Title. 
OYSTERS,   oyster-beds,   Ace  2608. 

Planting  and  cultivation  of,  encouragement  of,  Act  2609. 

Statute  relating  to,   Act  2607. 

PAPER,  creation  of  paper  to  circulate  as  money,  forbidden,  Act  2284. 

PARDON:     See   Parole   Commissioners. 

PARENT   AND   CHILD,    adoption:     See   Adoption. 

PARIS  GREEN,  fraud  in  sale  of,  prevention  of,  Act  2614. 

Regulation   of   sale  of,    Act  2614 
PARKS:     See  Public  Parks. 

PAROLE  COMMISSIONERS,    creation   of  board   for  parole  and   gov- 
ernment   of   prisoners,    Acts   2619,    3866. 

Governmer.t  of  paroled  prisoners,   Act  2619. 

Parole  of  prisoners.   Act  2619. 

PARTIES,   costs   in   actions  where  state  a   party,   Act  3781. 
PARTITION    FENCES:     See    Fences. 

In    particular   counties:     See   Particular   Title. 
PARTNERSHIP,   mining  partnership,   act  relating  to,    Act  2219. 

Special,    formation    of,    Act   2624. 
PAUPERS,  alms-houses  and  poor-houses,  duties  and  powers  of  super- 
visors,   pp.    122,    123,    subds.    5,    6. 

Appropriation    for  support  of  aged  persons   maintained   in  insti- 
tutions.   Acts   54,    2630. 

Bringing  into  state   a   misdemeanor,   p.   9S0,    §   3. 

Counties,   duty  to  support,  p.   9S0,   §   1. 

Fund  for  maintenance  and  support  of  persons  becoming  a  pub- 
lic charge,  Act  2631. 

Fund  of,  refunding,  p.  983,  §  8. 

Indigent  sick,  provision  for,   Act  2629. 

In   particular  counties:     See  Particular   Title. 

Inquiry    into    ability    of    inmate    or   relatives    to   bear    expenses, 
p.  981,  §  5. 

Maintenance  and  support  of  indigent,  incompetent  and  incapaci- 
tated pei  sons  becoming  a  public  charge,  Act  2631. 

Property  subsequently  acquired  chargeable  with  support,   p.   982, 
§    6 

Property  subsequently  acquired,   duty  of  district  attorney,  p.  982, 
§    6. 

Residence,  defined,   p.   980,    §    2 

Residents  of  other  counties,  p.  981,    §  4. 

Support,  duty  of  kindred,  p.  982,  §  6. 

Support  of,  a  county  charge,  p.  221,  §  228,  subd.  7. 


MM 

■KEKS     duti-s  and   li..  r.X. 

PAYMENT,    legal    tei  v.ible    In    payment    of   taxes   aa<i 

Payment    of   judgments    apainst    counties,    cities,    and    cities   end 

Payment    of    Judgments    Hgulnit    cities    and    counties    of    certain 

•    17(7. 

artmenl. 

PBD1  .Ts    and    sailors    permitted     to     peddle     without 

■  use.    Act    .  • 

PCNE  '.  rk   to  take  affidavits  of  claimant*  without  fee. 

fa   pensions    for   need, 
infirm    or 

In  cities  of  first  class, 

reatlon   of 

I 
Poll'  n    fund,   creation 

of.    I 

-   inulty  and 

•^       drawal   of  contrlb- 

claim  of  state  to  certain   Umel  quitclaimed  m, 

1030. 

PBST-H01  II  hment  of  pest-hous.  s   within  cities  prev. 

Act 

reading  of.  of.   Acts   U 

atlon    of  1   duties  of.    Act 

rage    for.    system    of 
Trustees  authorized   I  '»:e  across  petalnma  ' 

Act 

dr.iwhridre  across,  trustees  of  Petaluma  authur- 

MtL 

I  LUM  \   rt» 

'111. 

. 

lit*   for  violation   of  I 

lating  to.    \ 

sea    fr 'in  is    of    drugs    paid    to    state    hoard 

* 
I  Act  1941. 

■ 

.     .UtlOD     Of. 


PHARMACY— PLUMAS    COUNTY.  J661 

Reproduction   of   register  of  board   of,    Act  3016. 

Restoration  of  records  of  board  of,  Act  2668. 
PHOTOGRAPHS,    sheriffs    and    chiefs    of    police    to    be    furnished    de- 
scriptions  and    photographs   of  prisoners   about   to   be   dis- 
charged,   Acts    738,    2767. 
PHYSICIAN'S :     See    Medicine;      Optometry;     Osteopathy;     Veterinary 
Surgery. 

Dentistry:     See    Dentistry. 

Regulation   of   medical   practice  to  prevent  blindness  in   infants, 
Act    2160. 

Surrender  of  dead  bodies   for  dissection,   Act  937. 

To  inquire  into  sanity  of  convict,  costs  a  state  charge,  Act  2070. 
PIECE   CLUBS,    prevention    of,    Act   1018.  , 

PIGEONS:     See   Horning  Pigeons. 
PILOTS,   appointment   of  at   Wilmington,    Act  2672. 

San   Pedro,   appointment  of,   at,   Act  2672. 
PITT   RIVER,    removal   of  obstructions  in,   Acts  2677,   2678". 
PLACER  COUNTY,   animals  of  another,  wounding  in,  punishment  of. 
Act  1593. 

Animals,   trespassing  of  in  certain  townships  in,   Act  2683. 

Bounties   for   destruction    of   wild   animals   in,    Act   189. 

District  attorney,   fees  of  in,   Act  945. 

Fences  in,   Acts  1134,   1135,   1137. 

Fences   in,   tearing   down  of,    prevention   of,    Act  1593. 

Firemen,   exemption   of  from  poll  tax,   Act  4063. 

Fires,   leaving  of,  punishment  of,   Act  159,3. 

Highways,    location,    obstruction  and   maintenance  of,    Acts  2684- 
2686. 

Hunting  on   inclosed   lands   in,   prevention   of,   Act  1593. 

Inclosuies,    passing   through   and   leaving  open.   Act  1593. 

Levee    district    in,    Act    1915. 

Notaries,   additional,    for,    Act  2687. 

Recorder,  fees  of,  Act  2689. 

Recorder,    salary    of.    Acts   2688,    2689. 

Records  of,   legalizing,    Act  2690. 

Roads  in,  Acts  3685,  21  86. 

Sheriff  and   tax   collector,   offices  consolidated,   Act  2691. 

Sheriff  ex-officio  tax  collector,  Act  2691. 

Stallions,  prevented  from  running  at  large  in,  Act  1063 

Supervisors,  organization  of  board,  Act  2693. 

Supervisors,   regulation  of  powers  of.  Act  2692. 
PLACERYILLE,  raceway  through,  time  for  construction  of  extended, 
Act   2699. 

Reincorporation  of,   Act  2698. 

Sidewalks   of,    improvement   of,    Act   2700. 

Streets  in,  improvement  of,  Act  2700. 

Trusts    in    favor    of    inhabitants    through    congressional    grants, 
execution    of,    Acts    2701-2703. 
PLAINS,     iudges    of    the,    Act    1741. 

PLANK  ROAD  CORPORATION,   formation  of,  Acts  765,  4202. 
PLANS,   public   buildings,   unfinished,    change  of  plans,   Act  2899. 
PLEDGES:  See   Pawnbrokers. 

PLUMAS    COUNTY,    animals    of   another,    wounding    in,    punishment 
of,   Act   1593. 

Butte  and  Plumas  counties,   boundary  line   between.  Act  807. 

District  attorney,   salary  of,   Act  2708. 


1CC2  PLUMAS    COUNT!      POLICE    COURTS. 

Fences    In,    tearing   down    of,    prevent! -n    of. 
l'-'vlng  of,   punshment  of, 
bwaya  of.  Act  2709. 
Hunting  on   Inclosed    lands    In,    prevention   of.    Ait 
Inrlosures,    passing   through   and   leaving  open.   Act   l 
Notary,  addition  Kt  I   -Til. 

Officers   of,    salaries   of.    Act    2711. 
Plumas  and   Lassen   counties,    boundaries  between.    Act  809. 

'•lion    of    fl«h    in. 
Roads   In,    keeping   In   r-  :  TO. 

Shasta  and   Plumas  counties,    boundary  line  between,    Act  814. 
Stallions  from   running  at  large  In,   Act  1063. 

Tax    collector   of,    fees    of,    Act    2713. 
PLUMBING,    plumbing  and    drainage    of    buildings,    regulation    of   by 

ii  of  plan 
PLYMOUTH,    hogs  nnd   go  r  .in    running  at   large,    Act 

Imlnisterlng  to  animals.  A  I 
Paris  gre.-n,   fraud   In  sale  of,    prevention  of,   Act  2G14, 

*    •  MM. 

: 
dale*  of    p    *'9i.  5  13. 
P0LIC1 
POLICE    CO!  I.  a    of   In    cities   of   certain    sizes,    Acts    I7M 

In  citiet  of  flrsi  data  o  >■!  under  municipal  oorpora- 

Hon 

Abolition   of  courts  and   transfer  of  records,   p.   761,    5   24fv 

Asm  v.    duty    to    take   dying    statements,    p. 

Attorney,  an  of,  f>-   '••'•'.    j    -13. 

■ 
Pank^ng.  siiiinc  In,   p.  7r.r.,   J   230. 

on    of   Judges   for   assignment   to   departments,    p.    756. 

tnitments,    p.    7.".ti.     || 

t   of,  p. 

rs   of,    pp.    707,    7W,    ii    238,    240. 

1  Ii  limb   r   of,    I>.   7 

Division  of  bu 

i 

B   over,   p 

■  .p.  7f)S,   |  24L 

N  umbi  r  of  ]u 

•  •   I rs, 

I1    768,    > 
Pro<  •  'lui ••.  p,    1 

subd.  16. 


POLICE    COURTS.  J663 

Record,   not  a  court  of,   p.    755,    §   2229. 
Seal,    p     755,    §    229. 
Sentence  to  hard  labor,  p.  757,   §   236. 
Sittings,   p.   755,    §    229. 

Cities  of  first  and  one-half  class. 
Appeals,    p.    1000,    §    11. 

Clerks,    appointment,   bond,    duties,    salary,   etc.,   of,    p.   998,    §    6. 
Disqualification   of  justice  an<3  proceedings  on,   p.   98    §   4 
Dockets,    p.    999.    §    9. 

Fines  and  collections,   payment  into  treasury,  p.   999,   §  8. 
Judicial   power  vested  in,   p.  997,   §  1. 
Jurisdiction    of,    p.    997,    §§    2,    3. 
Justices,   duty  to  hold,  p.  997,   §   1. 

Open,    always,    except  on   nonjudicial   days,    p.   1000,    §    10. 
Power  of  justice  sitting  as  police  judge,  p.   998,    §   5. 
"Prisoners,   place   of  imprisonment  or   of  labor,    p.   1000,    §   12. 
Prosecuting    attorney,    appointment,    term   of   office,    duties     sal- 
ary,  etc.,  Act  2743;  p.   999,   §  7. 
Report  of  justices   sitting  as  judge,  p.   1000,   §   14. 
Rooms  and  supplies,  p.  999,    §  9. 
Seal,   p.   1000,    §    13. 
Sessions,   number  of,  p.   997,    §   1. 
Transcripts,   certified,    as  evidence,   p.   1000,    §   15. 
Warrants  and   process,    effect  of,   p.   1000,    §    15. 

Cities  of  second  class    generally. 

Appeals,    p.    1003,    §    11. 

Clerk,   appointment  and  term  of  office,  p.  1001,   §   6. 

Clerk,   bond,   salaries  and  duties  of,   p.   1002,    §   6. 

Dockets,   p.   1003,    §   8. 

Imprisonment,    place   of,   p.    1003,    §    12. 

Judicial  power  of  city  vested   in,   p.   1091,    §   1. 

Jurisdiction  of,   p.   1001,    §§   2,   3,   5. 

Justices,    disqualification    and   proceedings   on,    p.    1001,    §    4. 

Justices  to   sit  as  police   judge,   p.   1001,    §   2. 

Justices,   power  of,   p.    1001,    §   5. 

Labor  of  prisoners,   where  performed,   p.   1003,    §   13. 

Op  an  on  what  days,   p.   1003,    §   10. 

Prosecuting    attorney,    appointment,    term    of    office,    salary    and 

duties,   p.   1003,    §    7. 
Reports,   monthly,   of  cases  to  city  council,   p.    1003,    §    14. 
Rooms   and   supplies,    p.    1003,    §    9. 

Transcripts    of    dockets    or   files    certified,    as    evidence     p     1003 
§  15. 
Warran  ,s  and  process,  validity  and  effect  of,  p.   1003,    §   15. 

In  cities  of  second  class  organized  under  municipal  corpora- 
tion bill. 

Appeals,   p.    797,    §    399. 

Clerk  of  court,  p.   795,    §   395. 

Clerk  of,   salary  of,   p.   773,    §   307. 

Disposition   of   fines   and   moneys   collected;    p.    796,    §    396 

Dockets,  p.  796,   §  397. 

Imprisonment,   place  of,   p.   797,    §   400. 

Judicial   power   of  city  vested   in,   p.   794,    §    390. 

Jurisdiction,   p.   794,    §§   391,   392. 

Justice,    disqualification   to   sit  as,   p.   795,    §    393. 


i&et  POl  tTMKNT. 

Justice    to    sit   as.    p.    791.    5    200. 
Open.    when.    p. 

p.    7'.'"..    | 
K   p  rt,   month:;.  |    40*. 

Beat, 

Transcript  '   •    ■      |      '.'.'■ 

Warrants  aiul   process,  force  an  d  '     >  403. 

d    un.hr    iiutnuij'al    cur[i<>Tiitinn 
bill. 

1   compensation,    p.   822.    5   663. 
Jihlc  hflcntion    of   an«l 

Judg  i  7,    {§    602,   (jOG. 

.   powers  an.1  dutl>-s  of.   p. 

I .    {    500. 

Pra<  tics,  p.  821,  i 

-  - 1 .    i    560. 
Seal     ■'  §   563. 

I  municipal  corporation 

hill. 
Api  '     <34. 

Interest  oj  'luallflcatlon.  p. 

Dd  of,  p    BSO,   '   ■ 

Ju  '  ">Z. 

,:>•    of      p, 

Jury    krlftl,    p.    VET,    I 

Justice  of  I  set  as  Judge,  p.  Ml,   5  7o0. 

rs   of  Jud*; 

art    of  ju.lt- 

::<in    mid    labor,    p.    858,    8    6?6. 

POLH'K    DEPARTM1  I        err<     upnn    enra 

or   boats.    Act    - 
■ 
Chlif    of. 
Forfeiture    un>i- 

5    10. 
Hoars  ol 
coun 

IllC! 

Of!i< 

■      ' 

of.       I 

(Salaries  of  cbi  I  >  of  certain  cities,   Ac: 


POLICE    DEPARTMENT— POPULATK   N.  1MB 

Sheriffs   and    chiefs    of   police    to    be    furnished   descriptions   and 

photographs   of    prisoners,    Act   73s. 
Tax  collector,    performance  of   duties   of   by   chief  of   police,    Act 

4043,    §   8. 
Vacation,   commissioners   to   grant  yearly,   Act  2733. 
Wardens  to  furnish   description   of  convicts   to,   Act  738. 

CITIES  OF  PAETICULAB  CLASSES. 

Cities    of   first   class,    appointment   of   officers,    Act   2732. 
Cities  of  first  class  authorized   to   pay  rent  of  stations  and  sal- 
aries  out   of  general   fund,    Act  3209. 
Cities    of    first    cla^s,    hours    of    service    of    members,    Acts    2728, 

2729. 
Cities  of  first  class,   fiie   alarm   and   police   telegraph,   provisions 

relating  to,   pp.   732,   733,    §§    162-164. 
Cities    of    first    class,    police    department    in,    provisions    relating 

to,   pp.  713-723,    §§   140.   141. 
Cities  of  first  c'.ass,  salaries  of  officers  in,  Act  2732. 
Cities   of   first  and   one   half   class,    hours   of   labor   of  police   in, 

Act  2729. 
Cities  of  second  class,  captain  of  police,   salary  of,  p.   773,    5   307. 
Cities  of  second  class,   duty   of  chief  of  poice,  p.   792,    §   372. 
Cities  of  second  class,   hours  of  labor,   Act  2729. 
Cities   of   second   class,    number   of   policemen,    p.    790,    §    358. 
Cities  of  second   class,   police   detective,   salary  of,   p.   773.    §   307. 
Cities  of  second  class,  policemen,   removal  of,  p.  790,   §   358. 
Cities  of  second  class,   policemen,    salary  of,   p.  773,    §   307. 
Cities  of  fourth  class,  chief  of  police,   deputies  of,   p.   852,    §   672. 
Cities  of  fourth  class,  chief  of  police,  election  and  term  of  office, 

p.  82S,    §   C02. 
Cities  of  fourth   class,   chief  of  police,   powers  and  duties   of,   p. 

860,   §   699. 
Cities   of  fourth   class,   chief  of   police,   salary   of,   p.   853,    §    673; 

p.   860,    §    699. 
Cities    of    fourth    class-,    police    commission    in,    p.    855,    §    680. 
Cities   of  fourth   class,    police   force   in,   p.    855,    §§    (179,    680. 
Cities    of    fuurth    class,    policemen,    powers    and    duties,    p.    860, 

§     699. 
Cities    of   fourth    class,    policemen,    salaries    of,    p.    860,    §    699. 
Cities  of  fourth   class,   police   trial   commission  in,   p.   855,    §   681. 
Cities   of  fifth   class,   police  department   in,   p.   8S6,    §    790. 
Cities  of  sixth  class,  marshal  has  control  of  police,  p.  910,   §  880. 

POLICE   JUDGES,    cities   of    first   class,    salary   of,    p.    653,    subd.    15. 

POLYTECHNIC   SCHOOL:     See   California   Polytechnic   School. 

POOR   HOUSE:     See  Paupers. 

POOR    LAWS:     See    Paupers. 

POPULATION.    Counties,    of,    pp.    114-116,    §    10. 

Counties    of    fifteenth    class,    how    ascertained,    Act    837,    §    172, 

sub.   17. 
Counties    of    sixteenth    class,    how    determined,    Act    837,    §    173, 

sub.    16. 
Counties    of    nineteenth    class,    of,    Act    837,    §    176,    sub.    15. 
Counties  of   twentieth    class,    Act   S37,    §    177,    sub.    15. 
Counties  of  twenty-sixth  class,   how  ascertained,  Act  837,    §   183, 

sub.    14. 
Counties    of    thirty-fourth    class,    classificat'un    in,    Act    837,     § 

191,    sub.    14. 
Gen.  Laws — 106 


1668  POPULATION-PRISONERS. 

Counties   of   thirty-eighth    class,    classification    of   townships   In, 

Act   BS7,    §    195,    sub.    13. 
Counties    of    forty-first    class,    how    ascertained,    Act    837,    §    198, 

sub.    13. 
Counties    of    forty-third    class,    how    ascertained,    Act    K37,    §    200, 

sub.   17. 

POSSE    COMITATUS,     sup  rvisors     authorized    to    pay    expenses    of. 
Act 

POSSESSORY    ACTIONS,    mode   of    maintaining    and    defending,    Aits 

POSSESSORY  CLAIMS,   protection  of  growing   timber  on.    Act   1402. 
POULTRY.     Poultry     experiment     station,     statute     relating     to.     Act 
2748. 

PRACTICE:     Bee    Commissioners   In    Equity. 

Practice    in    supreme    court,    regulating.    Act   842. 

PRB  BMPTION:    See   Public   Lands. 

PREFERENCES.     Laborers  are  preferred  creditors,   Act  1SC3. 

•  HUM,    official    bi.nd,    payment    of,    on,    Acts    329,    S 

[DENT,   Maault  upon,   punishment  of.   Act  693. 
Conspiracy    to    commit    any    crime    against,    punishment   of,    Act 
693. 

-TON    SCHOOL    OF    INDUSTRY,    additional    land    for,    purchase 

of,   Ac i  2754. 
CommmiK  nt*    to.    Acts   27ifl.    4110. 

Commitments    to,    authority    given    to    superior   judges,    Act 
establishment  of,   Act  2753. 
Evil    dlspos  (l    p   r  i  us    prevented    from    coining    on    grounds    of, 

Maintenance    of,    A  I 

Maintenance   of    inmates,    liability    for,    Acts   2756,    441C. 
Masai;,  incut   of,    Act    1 

PRIMARY    ELECTIONS,    acts    concerning.    Acts    1012,    1013. 
PRINCIPAL  AND   AGENT:    See  Agency. 
PRINTER    OF   state:    Bee    Btate    I 

PRINTING,    cuv,    letting   out   on    bids   In   cities   of   first   class,    p.    703, 
§    106. 

PRISONERS:     Sec      Parol      Commissioners;    Preston      School      of    In- 
dustry;   Whit  tie  i  boot;    Btate    Prisons, 

to  sheriff  for   boarding,    pp.   317,    318. 
Arrest,    trial,    recommitment    and    punishment    of    convicts    who 

have   escaped.    Act    1041. 
Costs  and  expenses  of  trial  of  convicts  for  crimes  In  prison 

Costs   of   trial    of    escaped    convicts,    Acts   736,    78:;,    1869. 
Cutting  of  hair  ot  persons  convicted  of  misdemeanor.  Act  2834. 
onflnemenl 

tation   of   convicts   Into   sta  -ion   of,   Act   737. 

Ju\  uratlon    from    adults,    A.  t    1769. 

Matron,   duties   and   powers  of,   I 
Matron,   compensation  of.  Act  2776,   5   :!. 
Sheriffs    and    chiefs  descriptions    and 

i  ho  i  graphs    of    prisoners,    Act* 
Sheriff,    compensation    and  es    tor    conveying    to 

pi  isons,    p.   318. 
Support    of    prisoners    a    county    charge,    p.    321,    §    228,    subd.    3. 


PRISONERS— PROSTITUTION.  1667 

Wardens    to    furnish    description   of   convicts-,    Act    738. 
Wardens    to    furnish    information    concerning,    Act    739. 

PRISONS:     See  Jails;   State  Prison. 

Alterations   in,    power    to   make,    Act   3284. 

Folsom,  additional  cells  at,  erection  and  construction  of,  Act 
2777. 

Folsom,    wall,    erection    of   around.    Act   2777. 

Government   and    regulation    of,    Act   2763. 

House    of    correction,    commitments    to,    Act   1540. 

House   of   correction    of   San    Francisco:     See    San    Francisco. 

Insane  convicts  charged  with  felony,  establishing  hospital  for 
at    Folsom,    Act    2776. 

Insane  convicts,  hospital  for  at  Folsom,  government  and 
management  of,   Act  2776. 

Jute   goods,    price   and    conditions    of   sale,    Act   1764. 

Matron,    creation    of   office   of   in    certain    cities,    Act   2775. 

Matron  not  to  be  hindered  in  discharge  of  duty,   Act  2775,    §   4. 

Matron   searching  of  female  prisoners,   Act  2775,    §   4. 

San  Quentin,  erection  and  construction  of  additional  cells,  Act 
2778. 

San    Quentin,    improvements    at,    Act   2778. 

Wardens    to   furnish    descriptions   of   convicts,    Act   738. 

Wardens  to  furnish  sheriffs  with  information  concerning  con- 
victs,   Act    739. 

PRIZE    FIGHTING    prohibited,    Act    2780. 

PROBATE    COURTS:     See   Public    Administrators. 

Powers   of  conferred   on   superior   courts,   Act  846. 
Ratification  of   void   probate   sales,    Act  2785. 

PROBATION.    Probation  officers,   appointment,   powers  and  duties  of. 
Act  1769. 
Probationary   treatment    of   juvenile    delinquents,    Act   1769. 

PROCEDURE:     See  Commissioners  in  Equity. 

Practice    in    supreme    court,    regulating,    Act   842. 

PROCESS:     See    Summons. 

Elisor,    service   of   process   by,    p.   154,    §    105. 
Elisor,   when   to   serve   process,    p.    154,    §    105. 
Execution    of   in   new    counties,    Act   2790. 

Foreign    corporations,    to   designate   person    upon    whom   process 
served,    Acts   774,   775. 
*    Includes    what,    p.    151,    §    88. 

Mileage    for    service    of    papers    or    process    issued    outside    of 

county,    p.   318. 
Service    where    sheriff    a    party,    p.    154,    §    104. 
Sheriff,  duties  and  liabilities  regarding,  p.  151  et  seq,  §  89  et  seq. 
Validation  of  writs,  process  and  certificates  issued  before  courts 
have  seals,   Act  2791. 
PROMISSORY  NOTES,   relating  to  bills  of  exchange  and  promissory 

notes,    Act   344. 
PROSECUTING   ATTORNEY.     Police    courts,    of:    See   Police   Courts. 

PROSTITUTION:     See  House   of   Prostitution. 

Chinese  or  Japanese  women,  importation  of,   for,  prevented,   Act 

2797. 
Compulsory,    of    women,    prevention    of,    Act    2797. 
Placing  of  married  women  in  houses  of,   prevention  of,  Act  2796. 
Suppression    of    Chinese    houses   of,    Act   593. 


16C-8  PROTECTION   DISTRICTS. 

,     construed,    p.    1014. 

--.    p     1019,    (    17. 
-    or    unknown  -  >ceed- 

on    of,    p.    1   21.     |    ?". 

IV.       p.       |l       ' 

ror    In    p.t  •    Invalidm-  5    IS. 

ountv,   p.   loifi,    j   io. 
lue   and    when   delinquent,   p. 

I,    how    pa    ' 

•  tni'nt   and   compensa- 

|    10 

IS     8    8. 
i    8 

md    bond.   p.    l"1fi.    i   7. 
1016,    I    7. 

U     12. 
'  •.    filing    of,    p     101H.    |S    15. 

f    011  OR,    p      1"1S,     }     IS 

;ig  and  determination, 

kh     against     non-a'-ceptlng     owners,     p. 

s.    validity    of    and    informalltU'S    In.    p. 

0(   work,    manner   of   proceeding,    p.    ln?2,    5    26. 

•     forms,    p. 

Countv  h.iundii                      ':niti  when   water-course  forma,   p.    1'"'1S. 

Dan.  1   of.    notice   to   unknown    owners,   how  given,    p. 

Darn  'u*a!   to  accept  and  proceedings  against  <<wu- 

Dan  award    of.    p 

Kill;  -  15. 

'•    1. 

.  •  rvlaors   to  receive   or   maka, 

p.    1013,     i    4. 

il    fimd,    p 
?    4. 

at,   pp    MX  1013,    5  5    3.   4. 
to    be    mnde    from,    p.    1020, 

.    i   district    fund,    what   constitutes,   p.    1020.    5    IV 

a     2. 

from   over- 
flow     I 
RUM    of    v  1urc,     when    defective,    p.     1022,     I    26. 

Ding"    Includes    what.    p.    IMS,     J    27. 


PROTECTION     DISTkXCTS—  PCBL1C     HEALTH.  16<U 

Surplus    money,    refunding   of,    p.    1021,    §    21. 
Survey    and    map,    p.    1016,    §    6. 

PROTECTIVE     ASSOCIATION'S:     See     Boards     of    Trade;     Chambers 
of    Commerce;    Mechanics'    Institute. 
Aeknowledgmfnts    by,     validated,    Act    19. 
Formation    of,    Act    568. 

PUBLIC    ADMINISTRATOR,    bond    of,    p.    146,    §    66. 
Coroner,    when    to   act    as,    Act    2810. 
Cities    of   first    class,    duties    of,    p.    710,    §    134. 
Cities   of   first   class,    provisions   when  only   apply,   p.    770,    §    287. 
Duties  of,   p.   167,   §   152. 
Fees    of,    p.    415. 

Particular    county,    in:     See    Particular    Title. 
Salaries   of    in    various   counties:     See   Counties. 
Validation    of    sa.es    by    public    administrators    before    obtaining 
letters,    Act   2809. 

PUBLIC  BUILDINGS:  See  Counties:  Municipal  Corporations;  Pub- 
lic V>'orks. 

Contracts    by    state,   regulation   of,    Act   2897. 

Contract   for.    change   of.   p.   138,    §    38. 

Erection  of,   regulation  of,   Act  2815. 

Lighting  streets  and  public  buildings,  letting  of  contracts  for, 
Act  2340. 

Plans    and    specifications,    change    of,    p.    138,    §    37:    Act    2818. 

State,    contracts    in    behalf    on    in    relation    to,    Act    2816. 

State    building    in    San    Francisco,    act    providing    for,    Act    2819. 

State  building  in  San  Francisco,  act  to  facilitate  erection  of, 
Act    283<fc 

Supervisors,    powers  and   duties   of,    p.    123,    subd.    8. 

Unfinished,    completion   of,'  Acts   2817,    2818. 

PUBLIC   DEBT.     Bonds:     See    Bonds. 

Cities  authorize  to  incur  debt  to  construct  waterworks,  sewers, 
etc  ,   Act  2361. 

Cities  between  twenty-six  thousand  and  thirty  thousand  author- 
ized to  vote  on  paying  debt  of  certain  years,   Act  2825. 

Cities  of  certain  cluss  authorized  to  vote  on  question  of  pay- 
ing,   Act   2370. 

Debts  against  state  in  excess  of  appropriation,  creation  of  pro- 
hibited,  Act  2826. 

Incurring  by  cities   for  public  improvements,   Act  2900. 

Loan    commissioners,    additional    powe.rs   granted    to,    Act   2824. 

Refunding  of  in  cities  other  than  first  class,  authorized,  Acts 
2367,    2368. 

To  pay  cost  of  permanent  public  improvement,  incurring  of 
authorized.  Act  2369. 

War  debt  of  state,  and  redemption  of,   Act  2823. 

PUBLIC    HEALTH.     Attorney    for    state    board    ol    health    and    board 

of  health   of   San   Francisco,   Act  2831. 
Cities  of  first  class  authorized  to  erect  hospital,   Act  2342. 
Cities    of    first    cLrss.    boards    of    health,    provisions    relating    to, 

pp.   733-745,    §§   165-199. 
Cities    of    first    class,    health    or    quarantine    regulations    in,    pp. 

733-745,    §§   lt5-10S. 
Contagious  diseases,    introduction,    investigation   and  suppression 

of,   Act  2833. 
Contagious   or  infectious   disease,    prevention   of   introduction   of, 

A-ts   2835,    2836. 
Cutting   of  hair  of  persons  convicted  of  misdemeanor,    Act   28i4. 


LTH     PUBLIC   LANDS 


Exhumation    and    removal    of   dead    bodies,    regulation    of,    Acts 

440. 
Health   officer  and   special   health  officer,  salaries  of:     See  Coun- 

Health    officer,    special,   counties  of   second   class.    Act  837.    §    lev, 

sub      12. 
Health    officer,    counties    of    second    class,    salary    of,    Act    837.    f 

*ub.  12. 
Heal-  ^.unent,   compensation   and   duties  of, 

lubd    W. 
Inf<  '  iction,    Investigation    and    suppression 

of.   Act    tt 

n    of   dairies   and   dairy   products.    Act   R77. 

lylng-ln    hospitals,    powers  of  health   officers.    Act 

ei   within   cities,   establishment  of   prevented,   Ac4 

Plun  •'.    regulation    of    by    I 

Rallro 

lion    of.    Act    877. 
ondltlnn    of    workshops   and    factories.    Acts    1098,    21^ 

iry    districts:     See    Pnnltarv    Dill 
State    board    of   health    authorized    to   purchase   and    manufacture 

diphtheria   anti-toxin. 
Vaccination    of   children. 

PUBLIC    !"'  rke. 

if  surplus  funds.  Act  2316. 

.1   tax   for.    Act   2344. 

PUBLIC    INSTII'I "!';•  of    commodities,    between    pub- 

Payment   of  moneys   Into  state  treasury.   Act   ! 

II  in. it"    I  tions  against  state   to  quiet   title  to  certain   land 

auth 
Aetu  Vet  2849. 

' 

Application   to  pun  t  rnpaaj,  Acts  2860. 

Api  It,    when    forfeited    and    when    re- 

ttir:  ed.    Act 
Mi  purchase    legalized.    Act    3833. 

to   «ct   of  tsplylng   proceeds   of   public 

land 
Cert II  etlon   of   purchase,   granting   time 

for, 
Cert  s    forfeit    rights,    when.    Ac) 

CMI  U04. 

Destruction    of    timber   on.    prevention 

ouragement  of  settlers  on.  Act  . 
mil  '   2. 

iction    hy.    Act    1168. 
I 
Governor   .  Dlised    to   convey    state's   In 

Wrest   ll     certain    lends, 
Governor  '    to   recon\  ttea   part   of  agri- 

cultural college  grant.   Act 
Governor  authorized    to   sell    certain    land* 

tc   claimant*. 
Homestead    claimants,    protection    of.    Act   2853. 


PUBLIC  LANDS.  16?1 

Improvements  on,  removal  of.  Act  2S71. 

Jurisdiction    ceded    to    United    States    over    lands    given    to.    Act 

3830. 
Jurisdiction   over   lands   acquired   for   military   purpose   ceded    to 

United  States,   Act  3829. 
Management  of.    Act   2855. 

Mineral  land  belonging   to   state,   sale  and   location  of,   Act  2227. 
Moneys   from    sale,    disposal    cf,    Act   3828. 
Payments    forfeited    to    state    where    title    sought    by    fraud     Act 

3825. 
Possessory    actions,    mode    of    maintaining    and    defending     Acts 

2847,    2848. 
Pre-emption   claimants,    protection   of.    Act   2853. 
Presentation    and    cancellation    of    unlocated    school    land    war- 
rants.  Act  2868. 
Protection  of  growing  timber  on  possessory  claims,  Act  1402. 
Protection  of  settlers  on,   Act  2852. 
Quieting   title    to    lands,    Act    2S49. 

Right   of  way   over  granted   to   roads   and   highways     Act  1451 
Sale    of,    Act   2855. 

Sale  of,   application  of  John   D.   Justice  validated,   Act  2870. 
Sale  of,   board  of  examiners  to  invest  moneys   in   county   bonds 

Act   360. 
Sale  of,  certain  lands  reserved  from  sale.   Act  3838. 
Sale  of,   certificates  of  purchase  or  of  location  evidence  of  title 

Act  2862. 
Sale   of,    examination    into   the    sale   and    disposal    of     Acts    2861 

3836. 
Sale   of,    governor   and   surveyor-general   authorized    to   sell    cer- 
tain  lands  to  claimants,   Act  2869. 
Sale  of,  lands  sold  to  actual  settlers  by  United  States  in  Colusa 

County,   released  to  United  States,   Act  660. 
Sale  of  lands  uncovered  by   recession   of  lakes,   Acts  2857    4031 
Sales  of,  legalizing,  Acts  2863,  2864,  2865. 
Sale   of,    payment    by    holders    of    certificates    where    subsequent 

certificates  issued,    Act  2866. 
Sale    of,    redemption    by    purchasers    where    title    foreclosed    for 

non-payment   of   interest,   Acts   2872,   3835. 
Sale   of,    reservation   of  certain    lands,    Act  2856. 
Sale  of,   relief  of  purchasers  of,   Acts  2867,   3834. 
Sale  of  salt-marsh   lands,   Act  2858. 
Sale   of   swamp   lands   and   disposition    of,    Act  2859. 
Salt-marsh   lands,   survey   and  disposition  of,   Act  2858. 
School   lands,   applications  for  purchase  of,   Act   2860. 
School  lands,  legalizing  payments  for,  Act  2865. 
School    lands,    sale    of,    application    for,    deposit    to    accompany 

Act  2860. 
School    land   warrants,    unlocated,    presentation    and   cancellation 

of,   Acts  2868,   3826. 
Settlers,   actual,   protection   of,    Act   2849. 
Settlers,   on,   encouragement  of,    Act  2852. 
Settlers   on    lands   within    Mexican   grant   restored    to  public   do-  - 

main,  rights  of.  Act  2854. 
Settlers    on    ousted    under   a    foreign    grant   which    was    rejected, 

redress  of,   Act  2850. 
Settlers   on,    protection   of,    Acts   2584,    2850,    2851,   2852,    3831,    3839. 
Settlers,    pre-emption    and    homestead    claimants,    protection    of 

Act  2853. 
Survey  and  disposition   of  salt-marsh  lands,   Act  2858. 
Swamp   lands,    sale   of  and   disposition   of   funds   from,   Act  2859. 


LIC   LAND  '    WORKS. 

Ehrai  erftcrtrvd     lan.is :      Pee    Swamp    and     Overflowed 

Lands. 

Titb  it    i"   lands   ticlil   for  military   purposes 

Tru   •  •    cities   by   act    of   con- 

PUBLIC    LIBRA!  i  of  third   c-lnss,   supervisors  appoint  trus- 

Intnwni  at,   p.  m.i.   $  636. 
Cities  of  fifth 

.  blisbufc  tu    of    f  •  i.   Ad 

1*41 
« •  ift  ■  agement    and    protection   of,    Acta 

indW    municipal   corporation 
bill,    p    Btf,    § 

"'■InllnK    to.    Act 

.-s    authorized    to    rn 

ry 
Tru  U6S,    1103. 

PI  I1LH-    Pi  tu*    and    counties    authorized    to    ac- 

•  I'll :  • 

I  eis   and    roads    to     parks 

Cltii  ting  tn  parks  In.  pp.    7 

Con  :  authorized    to    receive    donations    and    bequests. 

Con  0    reservation    by    congress    for    public 

Act 

Franchises    to  railroads    i-  limits    to.    Ait 

Juris. iietion  ol  '  'ity.   A't  2S8J. 

Supervisors    nuthuri.  ''>r    maintenance    of    park.'. 

PUBLIC     PROPERTY,     protection     of     growing     Umber     oa     public 
grounds. 

PUBLIC    V\  Highway*. 

PUBLIC    WORKS  -nation   of.    Act   B7L 

Assembly 

bly    balls.  •  urring    for.    Act    2371. 

mbly  halls,  ruli  luct  of.  Act  2372.  J  9. 

'.   i. 

Build 

DuiM  •  ball   oi    suite    iu    relation    to,    ruguu- 

Butltfing 

BuUdinga,   uuflj 

Public    Build 

of   third   •  IU,    5    536. 

Cities  of  lifih  class,  to  i  ■   Tft 

I,    to    be    done    by    contract   on    bids,    p.    W6, 
J    874. 


PUBLIC    WORKS— QUARANTINE.  .673 

Cities   over  one  hundred   thousand   authorized   to   condemn    land 
and    erect   buildings.    Act   2364. 

Commissioner  of,  auditing  board  to,   creation  of,   Act  2891. 

Commissioner    of,    auditing    board    to,    number    of    and    appoint- 
ment  of,    and   term   of   office,    Act   2891,    §    1. 

Commissioner  of,   auditing  board  to,   powers  and  duties  of.   Act 
2891. 

Commissioner    authorized    to    obtain    way  to    divert    water    of 
Mormon  Channel   into   Calaveras   RWer,   Act  2892. 

Commissioner  of,   bond   of,    Act   2890,    §   1. 

Commissioner  of,   compensation  and  expenses  of,   Acts  2890,   2891, 
§  1. 

Commissioner  of,   creation   of.    Act  2890. 

Commissioner    of,    creation,    duties,    powers    and    compensation, 
Acts   2888,    2S89. 

Commissioner   of,    powers    and   duties  of,    Act   2890. 

Commissioner  of,   term   of   office.    Act   2S90,    §    1. 

Commissioner  of,   vacancies,   filling  and   term  of  appointee,   Acts 
2890,    §    1;   2891,    §   1. 

Construction  or  completion  of,   regulation  of,   Act  2371. 

Debt  for  improvements,   limit  on,   Act  2371.    §   4. 

Debt   for    improvements,    incurring.    Act   2371. 

Debt  to  pay  for  improvement,   incurring  <>f  authorized,   Act  2369. 

Hours  of  labor:     See   Hours  of  Labor. 

Improvements,    incurring   indebtedness   for:     See   Municipal   Cor- 
porations. 

Laborer,    retaining   portion    of   wages,    punishment   of,    Act    2549. 

Materialmen,    mechanics   or    laborers    on,    liens    of,    Act    1950. 

Minimum   compensation  for  labor  on,    Act  2894. 

Payment  of  materialmen  and  laborers  on  public  works,  securing, 
Act   2895. 

Public,   within   cities,   special   tax   for,    Act  2344. 

Retaining   part  of  wages   of  laborers  on   public   works   a   felony, 
Act   2549. 

Soldiers,    sailors    and    marines    of   war   of   rebellion    preferred    in 
public    service,    Act    2893. 

Waters    to    protect    cities    from    overflow,     issuance    of    bonds, 
Act  2366. 

Waters,    to    protect    cities    from    overflow,    manner    of    construc- 
tion,  Act  2366. 
PUNISHMENT:  See     Preston    School    of    Industry;     Whittier     State 
School. 

Parole  commissioners,   creation   of  board   for  parole  and  govern- 
ment   of    prisoners.    Act   3866. 

State  prisons:  See  State  Prisons. 
PURITY  OF  ELECTIONS,   promotion   of,   Act  1015. 
PUTAK    CREEK      Yolo    and    Solano    canal    district,    formation    of    to 

protect  lands   from    overflow   by   Putah   Creek,    Act   2905. 
PUTAH    SCHOOL    DISTRICT,    union    with    Yolo    school    district,    Act 
3538. 

QUICKSILVER,  pure,  secured  to  miners,  Act  2218. 

QUIETING    TITLE.     Actions    against    state    to    quiet    title    to    certain 
land    authorized.     Act    3793. 
Public    lands,    quieting    title,    Act    2849. 
QUARANTINE    against    domestic    animals     from     infected     districts, 
Act   2910. 
Cities   of   first   class,   quarantine   regulations,   pp.    737-740,    §§    173- 
180,    182;    pp.    744,    745,    §§    194,    196. 


1674  QUARANTINE— RATTFICATIi  N 

Livestock    Inspector,    power  to   establish   and   enforce,    Act  837,    J 

Quarantlne  against   d  animals    Injurious   tu   fruit   trees, 

viii'  bles,    etc..    Act    1517. 

QUIETING    TITI  ,B  I     of    Title 

Actions    against    state    to    Qnlel  rist    claims    under    in- 

heritance   tax    law,    Act    I 

RAILROAD     COMMISSIONERS,      commissioners     of     transportation. 
Acts 
Powers    of,     Act    25*21. 

RAILROADS:   Bee  Trnmroads. 

All    corporations  authorized   to   do   business   on   equal    terms.    Act 

Appointment   of   police   to   serve   upon   cars  or   boats,    \>  t 
Brat  rt    and    dummies    to    be    equ 

Act   2932. 
Colfax   to   Nevada   City,    railroad    from.    Act 
Complete   roads,    railroads  enal< 

i'Ios    author  i    801. 

islve,    transportation    of,    p.    403,    I    9 
Fares,    ranes    of    on    street    railroads   In    cities   over   one   bu 

thousand,    Act 
Franchises   for.   sale  or  granting  of.   Acts   ! 
Franchises    to   construct    r  limits    to    public 

parks.    Act 
Harbor    commissioners   authorized    to    construct    over    state   land, 

At   1424. 
Incorporation    of.    Acts    2915,    2916 

Inspection    of    railroad    cars    by    board    of    health,    Act    2835. 
lone    to    Sutter    Crick     01  .'1     from,     Act    2922. 

of    railroad    corporal 
Leases   made    by    OfBcen    for    terminal    facilities,    ratification    of. 

Act    1S90. 

t-cars,  Act  2930. 
MarysYllle   to   Kntgbt'a   Landing,    r,n  • 
North    Beacb    anil    Mil 

granted    to,     I 

Operation    and    management    of    roads    above    c.  rtaia    elevation. 

Act    . 
Operation    of    compelled,    Act 

Ordinances    permitting    cars    to    be    propelled    by    electricity    rati- 
fied    Act 
Right   of   way   frum   Atlantic  to  Pacific  granted   to  United   States, 

\.  t    4213. 
Southern    California    Railroad    Company,    granted    rn 

ovei   asylum   grounds  in  San    Bernardino  C 
Spur    track,     permit    revocable. 

BpUT    '.r.o  ks    in    cities,    construction    of   author  .^34. 

urn    rallroada   auth.Ti7.iii    U>    use   electricity   or 
.discs   for.  granting  or  sale  of. 
Street,    franchises    for     limiting  ing,    Act    I 

Street    ,-ailroada:  See   street    Rallroada, 
RAMlK   CULTURE.     Bounty   for   fiber. 
luragi  toeiit    of. 
state   superintend)  nl    of,    a  t 

RATIFICATION,    conveyances   by    city    for    charitable   or   educstionaJ 
purpose,    ratification    of.    Act    . 


RATIFICATION— RECLAMATION     DISTRICTS.  1675 

Ol  lease  of  China  Basin   in   San   Francisco,   Act  1890. 
Void   probate  sales,   of.    Act   2785. 
RATTLESNAKE    SCHOOL    DISTRICT    and    Wild    Goose    School    Dis- 
trict,  El   Dorado  County,   consolidated.   Act  3543. 
READING.     Name   of   Redding   changed   to,    Act   3000. 
REAL   ESTATE,   married   woman   authorized  to  convey,   Act  2109. 
RECEIPTS,    officers    in    cities    of   first    class   to    give    for    moneys   re- 
ceived,   p.    699,    §    98. 

Receipts   by   officers  of  cities   of   first  class   as  evidence,    p.    699, 
§    98. 

Warehousemen's  Act  4393. 

Wharfinger's,   Act  4393. 
RECEIVERS.     Bonds,    deposit    of    money   or    assets    with    corporation 
and    reduction    of    bonds,    Act    1055. 

Bond  of,   chargeable  against  estate,   Act  368. 

Corporations    authorized    to    act   as.    Act   1065. 

Corporation  as,  rights  and  duties  of,   Act  1055. 

Corporation  as,  and  powers  and  dirties  of,  Act  770. 

Deposit   of   moneys  or  assets  with   corporation  and   reduction   of 
bonds,     Act     1055. 

Unsafe  banks,  appointment  of,   p.   50. 

Unsafe    banks,    bond    of,    for,    p.    50. 

Unsafe    banks,    duties    of,    p.    50. 
RECLAMATION    DISTRICTS,   appeals   from   orders   relating   to,    Acta 
2976,    2977. 

Assessments    in     equalization    of,    Act    2972. 

Bonds,    election   for   issuance  of,    pp.   1077-1079,    §§    1-5. 

Bonds,    fees   not  to  be  paid  officers  for  services,   p.   1081,    §   10. 

Bonds,    issuance   of  and   form   of,   p.    1078,    §    5. 

Bjnds,  payment  of,  p.   1078,    §   5;  p.  1080,   §  8. 

Bonds,    proceedings   when   district   in   different   counties,   p.    1080, 
§    9. 

Bonds,   sale  of  and  disposition  of  proceeds,   p.  1079,   §  6. 

Bonds,    taxes,    p.    1080,    §    9. 

Certain    districts   subjected    to    provisions   of   code,    Act   297$. 

Creation    of   reclamation    district   number   70,    Act  2941. 

Disbursements,    how    paid,    p.    1080,    §    7. 

Dissolution  of  for  non-user  of  corporate  powers,  Acts  2803.  2974, 
4026. 

Drainage:  See   Drainage. 

Indebtedness   of,    funding   of,    Act    2942. 

Levee   districts:  See   Levee   Districts. 

Morman  Slough,  inhabitants  authorized  to  form  reclamation  dis- 
trict,   Act    12943. 

No.    2,    Sutter   County,    boundaries    and   government,    Act   2946. 

No.   54,   Sacramento  County,  ratifying  Act  2952. 

No.   108,   Yolo  County,   warrants  and  assessments  to   bear   inter- 
est,   Act    2956. 

No.   108,   Yolo  County,   legalized,   Act  2955. 

No.  124,   Colusa  County,   validated,   Act  2959. 

No.    205,    Sacramento   County,    creation   and   organization   of,   Act 
2961. 

No.   252,   Sacramento  County,  establishing,   Act  2963. 

No.   254,   Sacramento  County,   creation  of,  Act  2964. 

No.   317,   Sacramento  County,  creation   of,   Act  2966. 

Protection    districts:  See    Protection    Districts. 

Sacramento    County,    delinquent   assessments,    collection    of,    Act 
2968. 

San   Joaquin    County,    in,    Act  2969. 


N      I '1STRICTS- RECORDS 
visors    authorized    to    approve    petitions    to 

Sur  ■    of    Political    i 

ma   and   Overflowed    I^ands. 

and   government.    Act   2970. 
I    to    approve    petitions    for, 
A.-t 

knowledgments   taken   before,    validated,    Act    16. 

r       :ders        validated, 
17 

and     assistants,    an<!    salaries   of. 

p  m   it  i  in. 

:   power*  of.  p    709,   I   131. 
when  only  apply,   p.  77".    5 
•         Cities    of    Dl  ulary    of,    p  ■•!     7. 

•  on    of,    p. 
Uoa  an<l  term  of  MT,   i   752. 

s    of    sixth    class,    appointed    by    board    "f    trustees,    p.    894, 

inn    of,    p 
Ilea    of    fifth    class    audita*    ami    recorder    separate    i 
p     1Mb     5     17 

•d   assistants    In    various   counties:  See    Counties. 
I  of   with.    Act    t&fd 
l'ir  I.    pp-    157-102.     ii    119-131. 

§    61. 

''articular    Title. 

•  'ountlea. 

lURT. 

eg    of    fifth    class    ettabht  et    iintniripnl    corpora- 

tion   bill. 

%    i    80«. 

r,   and   proceedings  on,   p.   892,    }   808. 

Jurisdiction   ol 

5    806. 
is   ludge  of.    p    892,    1 1   MM 

ated  under  municipal  e 

Hon   bill. 

us   in   case  of,    p.    912. 
■ 
Establishment  of,  p,  <>\\.   5    - 
r 
Jurisdiction  of,   p    'in,   § 

Ml,    312.    58    882,   88*. 
■  orda. 
AM   :  pen   to   inspection   without  chart;*, 

p.    l«:.    «    i.".i. 


RECORDS— RESTORATION     OF    RECORDS.  1677 

Courts,    records   of    transferred    to   courts    formed    under    consti- 
tution   of   1879,    Act   2987. 
Judges  not  to  order  production  of  original  papers,  p.   707,   §   125. 
Transfer  of  records  from  courts  existing  prior  to  1879,  Act  844. 
RED     BLUFF.     County   judge    to   distribute    to    inhabitants   lots   held 
in    trust    for,    Act    2993. 
Hogs  prevented  from  running  at  large  in,  Acts  2994,  2995. 
Incorporation     of.     Act    2992. 
REDDING,   hogs  prevented  from  running  at  large  in,  Act  3612. 

Name   of   Redding   changed   to    Reading,    Act   3000. 
REDEMPTION.     Purchaser    of    public     land,     redemption      by,     after 
forfeiture,     Acts     2872,     3S35. 
Taxation,    from:  See    Taxation. 

RED   MEN,    incorporation   of,   Act  3005. 

REDWOOD   CITY.    Clerk   of  board   of  trustees,   election   of,   Act  3012. 
Incorporation    of.    Act   3010. 

Starnbaugh    Street,    trustees   authorized   to   extend,   Act  3011. 
Superintendent   of   streets,   election   of,   Act   3012. 
REFEREES:   See  Commissioners  in  Equity. 

REFORMATORIES:      See     Preston     School     of      Industry;     Whittier 
State    School. 
Boards    to    investigate    organization    receiving    dependent    or    de- 

■  linquent    children,    Act    1769. 
House   of   correction,    commitments   to,    Act   1540. 
House    of   correction    in    San    Francisco:     See    San    Francisco. 
Industrial  School  of  San  Francisco,  Act  3237. 
REGISTRATION,    titles,   of,    Act  4115. 
RELIEF  CORPS:     See  Woman's  Relief  Corps. 

RELIGIOUS    CORPORATIONS:    License    tax,    exempt    from,    Act     ST. 
RENT.    Cities   of   first    class   authorized    to    pay   rent   out    of   general 

fund,   Act  3209. 
REPORTER:     See   Supreme   Court   Reporter. 
REPORTS,    particular   officers,    by:     See    Particular   Title. 
RESCUE,   liability  of  sheriff  for,  p.   153,    §§   96,   97. 
RESERVATIONS.     Lands     within     Indian     reservations     granted     to 
United   States,   Act  1605. 
State   lands,   certain,   reserved   from   sale,   Act   3838. 
RESOLUTIONS:     See    Ordinances 

Mayor,   to  be  presented  to,   Act  2583. 
RESTAURANT,    refusal    of    admission    to    because    of    race    or    color, 

punishment  of,   Act  605. 
RESTORATION    OF    RECORDS,    assessment-roll   of,    Act   3016a. 
Board    of   medical    examiners    of,    Act   3016. 
Board    of  dental   examiners   of,   Act  3016. 
Board  of  pharmacy  of,  Act  3016. 
Certificates,   issuance   of  duplicate,    Act   3013. 
Copying  of  books,   documents,   maps   and   records,   Act  3014. 
Copied    records,    comparison   of,    Act   L014,    §    2. 
Copied    records,    authentication    of,    Act   3014,    §    2. 
Copied   records,    as   evidence,    Act  3014,    §    3. 
Copied   records,   certified   copies   of,    Act  3014,    §   3. 
Copying  of  records,  payment  for.   Act  3014,   §   4. 
Court  records,   substituting  certified  copies  of,   Act  3015,    §  L 


167S  RESTORATION    OF    RECORDS—  :=  ACRAM  KNTO    CITY. 

Court    records,    supplying    In    absence    of    certified    cop'.cs,    Act 

SOU.    5   2. 
Superior    onurt,    filing    transcript   on    appeal    in,    Act   3015,    5    3. 
RESTRAINING    ORDERS,    use    of.    in    disputes    between    master    and 

servant   limited,    Act 
REVENUE:     See   Taxation. 

Act   to  provide   revenue   for   support   of  government.   Act   S017. 
REWARD.     Exhumation     of     body     without    permit,     reward     for    in- 
formation.   Act    MS.    }    6. 
Governor  authorized  tr.  offer,   Act  13S7. 
RIOTS.     Compensation   of   parties   whose   property   destroyed   by  mobs 
or   riots.    Act 

RIO    VISTA.    Mrn/'is    del    Rio,    name    of    changed    to    Rio    Vista,    Act 
413. 

RIO   VISTA  SCHOOL   DISTRICT,    Woods   Island,   Sacrameuto  County, 
annexed    to,    Suluno    County,    Act    3540. 

RIVBR8:    See  Waters. 

RTVER8IDH    COUNTY,    boundaries  of.    Act 

D    of,    A. ■: 
County    se.it.    location    of.    Act    3022. 

■ 
Oik..  I    and    appointment   and    electlnn    of    officers     Act 

Rights    between,    and    other   counties,    adjustment   of.    Act 
ROAJM      s.  i     lii^liw.iys. 

Particular    com  ties,    roads    in:    See    Particular   Title. 
<ilatlou    of.     '• 
>n     rond    corporation-      Bet      Wagon     Road     Corporatkms. 
;lle>.   roads  In.  purchase  of,   Ae1 
RODEOS:  ils. 

ROSTER,    compilation,    printing,    binding,    publishing,    and    distribu- 

.  of,   act 

ROUGH     AM)     RBADY,     n:>me    of     Hough     and     Ready     changed     to 

Ktna.    Act    3033. 

SACRAMENTO    CITY,    nttnrney    of,    election    for.    Act,    3040. 
Auditor    of,    salary    of.    Act    3041. 
Boards    of   trust.,  s    of    relative    to.    Acts   3057,   3058. 
Boundaries   of,    Act, 

Canals  and   levees,    power  to  construct  conferred   upon.   Act  3043 
Charter   Of, 

Dispensary    in.  nent   and    maintenance   of,    Act   3045. 

Drainage    of.    Act   3t>4t>. 

•inent    of.     Act    3049. 
Eire    department    in,    estabUshmi  at    of   paid,     I 
Firemen's    association,    exempt,    organising.    Act    3048. 
Folsom,   construction   of   state   hlghwaj    to,    A  t 
Funded   Indebti 

Gas  pipes   in,   G.    w.   Cheeiey   authorised    to   lay.   Act  3044. 
John   Hoagland.  authorizing  suit  against.   Act  3050. 
Incorporation    of.    Act    3039. 
Roads    in,    Act 

School    moneys,    payment    of    Into    treasury    of.    Act   3055. 
State    capital,    loeatiou    of   at.    Act    3804. 
Streets    in.    Act 

Streets,    Improvement    of.    Act    3052. 
Street    tax,    legalizing    assessment    of.    Act    305S. 


SACRAMENTO    RIVER    DRAINAGE    DISTRICT.  l673 

Swamp    lands,    granting    of    to,    Act   3056. 
Water  rates   in,   Act  3059. 
SACRAMENTO    COUNTY,    assessor   of,    Act   3065. 
Constable,    fees    of,    Act   3068. 
District    attorney,    compensation    of.    Act    306ft. 
East    Park,    protection    of    property    of,    Act   306X. 
Fees   of    constables,    Act   3068. 
Fees  of  justices  of  the  peace,   Act  3068. 
Fees    of    officers,    Act   3069. 
Fences,    division,    in,    Act   1138. 
Government    of,    Act    3064. 
Growing    timber  on   private   grounds1,    destruction   of   prevented 

Act   1577. 
Hunting  on  private  inclosed  grounds  in,  prevention  of,   Act  1577. 
Judge,    additional,    for,    Act   3070. 
Justices   of   the    peace,    fees   of,    Act   3068. 

Levee  commissioners,   additional    powers   conferred  on,   Act  3071. 
Levee   district   No.    1,    in,    Act   1916. 
Levees    in,    construction    and    repairs  of,    Act   3072. 
Notaries,    additional,    in,    Act   3073. 
Officers,    fees   and    compensation    of,    Act   3069. 
Reclamation     districts,     delinquent     assessments,     collection     of 

Act   2968. 
Reclamation    district    No.    54,    ratifying,    Act    2952. 
Reclamation      district    No.    205,     creation    and    organization    of 

Act  2961. 
Reclamation    district    No.    252,    establishing,    Act    2963. 
Reclamation    district    No.    254,    creation    of,    Act    2964. 
Reclamation    district    No.    317,    creation    of,    Act   2966. 
Records    in,    transcribing    certain,    Act   3074. 
Roads    in.    Acts    3051,    3075,    3076. 

Roads,    certain    persons   allowed   to   take    possession   of   and    im- 
prove a  certain,   Act  3077. 
Sheep,    restricted    from    being    herded    or    running    at    large    In 

Act   3078. 
Supervisors    of,    powers    of    denned,    Act    3080. 
Supervisors,    president    and    clerk    of    board    of,    Act    3079. 
Sutter    Island,    setting    off    portion    of    for    school    purposes     Act 

3545. 
Swamp    land    district    No.    2,    provision    for,    Act   3046. 
Swamp   land    districts   50   and    54,    funds   for,    Act   2967. 
Treasurer    of,    manner    of    counting    moneys    in    hands    of     Act 

3081. 
Trespassing   of   animals    in,    Act   1071. 
Woods    Island,    annexed    to    Rio    Vista    school    district,    Solano 

County,    Act   3540. 

SACRAMENTO    RIVER,    navigability   of,   Act   4358. 
Navigation    of,    improvement   of,    Act   3811. 
Spark   catchers,    use   of   on    steamers,    Act   3888. 
SACRAMENTO    DRAINAGE    DISTRICT.     Assessments,    levying    and 
collecting   upon    lands    within.    Act   979. 
Creation,     division    and     management    of    districts    within      Act 

979. 
Creation   of,    Act  979. 

Officers,   election   and   appointment  of,   Act  979. 
Officers,    powers,    duties    and    compensation    of,    Act    979. 
SACRAMENTO    RIVER    DRAINAGE    DISTRICT,    board    of    commis- 
sioners,   creation,    powers    and    duties    of,    Act   981. 
Creation    of,    Act    981. 


?.\  1 :  0    NTT. 

BAILOR8:    £•■«•    Boldlarfl   »><  '  Veterans'    Horn*. 

1113. 

lar   Titlo. 
f    salary    of    subordinate    officer*    a    felony, 

4   inarurl&l   materials,   regulation  of  sale  of,   Act 
■  on    In    stamping    and    labeling    Roods.      Act 

•.Hid    In    *.•»!•■    of.    preTintlfv        f.     Act    S6M. 

■ 

Htrators   before  obtaining   lett.m. 

■ds    In.    sale    of.    Art    431». 

.tle«. 

ration    of.    Act    »08«. 

S  \l.l\  \    :    SOM. 

BALM 

dors. 

..'      A<-t    MM. 
-aids, 
rues,     supervisors    of    Alameda 

Act  ton. 

v    ■ 

v    ■ 
anlmala   of   another,    wounding   In.    punish- 
\ 

- 

■     ISM. 
I    ■ 
d    lands    In     prevention    of,    Art    i 
!    having   '■;    !       \    t 

Tr 

•  -     •       ind    tier  <-d  coaattoo,   Act 

»tlnct, 
STY.    agiicoltui  n    of,    In.    Acta 

Anir  ng   of   In.  '114. 

itlon  and  protection  of.  A' • 

Umbel    on    |.n\..  destruction    of    preTentad, 

»:     r.f.     Art 


SAN    BERNARDINO    C<  >l\N  TV-SAN    IT  IJXK)    COUNTY.  1CM 

IPjhways    in,     provisions    of    Political    Code     made    applicable, 

Art   3123. 
Hurting    on    private    inclosed    gr<  unds    in,    prevention    of,    Act 

1577. 
Irrigation    ditches,    water    rights    responsible    for    expenses    on, 

Act   8120. 
Irrigation,    protection    of.    Act   3120. 
Judge,    additional,    for,    Act    3121. 
Officers    of,    salaries    of,    Acts    3117-3.119. 
Records  in  legalized.   Act  312-1. 

Records   of,    preservation   and  transci  iptio  l   of,   Act  3122. 
Squirrels  and    gophers,   destruction   of,    Act   188. 
Supervisor   districts,    division    into,    Art   3126. 
Supervisors,    compensation    of.    Act    3rv7. 
Supervisors    in.    election    of,    Act    3125. 
Trespassing   of    animals    in,    Act    1071. 
Waeon    road    in,    construction    of,    Act    4128. 
Water   commissioners    for.    Act   4365. 
Water  commissioners   for,   beard   of.   Act  3129. 
Waters,   overseer   to   regulate,    Act   4365. 

SAN    BUENAVENTURA,    incorporation    of.    Act    3139. 
Ordinances,    certain,    approved,    Act   3141. 
Reincorporation    of,    Acts    3140,    3141. 

School    districts,    legalizing    and    confirming    boundaries    of,    Act 
?156. 

SAN    DIEGO   CITY,    charter   of,    Acts   3145,    3147,    note. 

Conveyances  by  authorities  validated,   Acts  3149,   3150. 
Conveyance  by  to   Richard  C.   McCormiek   ratified,   Act  3153. 
Conveyances    of    pueblo    lands    in    legalized,    Act   3148. 
Conveyances    to    United    States    for    military    or    naval    purposes 

validated,    Act    3151. 
Conveyances    to    United    States    of    realty    necessary    to    change 

San    Diego   River   authorized,    Act   3152. 
Ordinances    relating    to    Texas    and    Pacific    Railroad    Company, 

legalizing   and   repealing,    Act   3154. 
Pilot   and   pilot   regulations   for   port  of,   Act   3155. 
Reincorporation  of,   Acts  3146,  3147. 

SAN   DIEGO   COUNTY,   agriculture  in,   protection   of.   Act  3163. 
Animals  of  another,   wounding  in,   punishment  of,   Act  1593. 
Animals,   trespassing  of,   prevented,   Act  3163. 
Assessor,    compensation    of,    Act   3164.         , 

Conveyance   of   certain    tide   lands   to    United    Ptates,    Act  3160, 
County  clerk  of,   funds  for  use  of,   Act  3167. 
False  Bay,  charge  for  use  of,   Act  3174. 
False   Bay,    machinery,    erection    of,    authorized,    Act   3174. 
False  Bay,  use  of  tide  waters  authorized,   Act  3174. 
Fees  of  office,    Act  3166. 
Fences  in,  Acts  1134,   1135. 

Fences   in,    tearing   down    of,    prevention    of.    Act   1593. 
Fires,   leaving  of,    punishment  of.    Act  1593. 
Funding,    indebtedness   of.    Act   3170. 
Government   of,   Acts   3161,  3162. 
Growing    timber   on    private   grounds,    destruction    of   prevented. 

Act  1577. 
Hides   of  slaughtered  cattle,   keeping  of,   Act  182. 
Hunting    on    private    inclosed    grounds    in,    prevention    of.    Acta 

1577.    1693 
Inclosures,    passing   through    and    leaving   open,    Act   1593. 
Judges,   increase  of  number  of,   Act  3171. 
Gen.   Laws— 106 


SAN   DIEGO   COUNTY-SAN    KR\NVISCO. 
n    In    nuniV.  r  el      I   t    3172. 

\'t  r.r.56. 

Officers   of,    v. 

M73. 

funds    of.    Act    2169. 
-•passing   animals    In. 

\\  cs. 

.  ItiiHhouse.    establishment    and    maintaining.    Att 

I     •    3]  SO. 
AttOl  'ate  board   of   health   .i  >f   health  of.    Art 

Auditor,  '.32a. 

Auditor,    furl  I  in3. 

Aud  -321. 

And  '  business    In    office    of,     Act 

Authi-rU.'d    to    pay    rent   and    unlades   out   of    g.-ncral    fund 

Pn\  i din*  of  and   rhnnglng  of  grade.   Act  '■' . 

'      \    ■   3185. 

H"  •  ',    t. 

■    I 

I  tgalnst   slat' 

'ton,    powers  and  dut 

ry    d<|  .>t    In 

Bowman,    James,    Interest    of    itats    in    water   lot   qu:         • 
successors  of.     '• 

Dl   and   ida/  I    u; 

u<-    autho 

■ 

Chin  'Ion   of   lease  of 

ChSJ  rat.nl    th:.  US. 

and   sale   Ol  rtl   of,    Act   3321. 

•  s    for    and    for    assist- 

Clty  LSSlstantfl   t 

City    hall,    hoard    of    cltv    hall    commissioners,    abolishing,    Act 

I    '    3188. 

nion    and    delivery    of    deeds    to    purcharcrs. 

I    of  education   of,   against  state,    payment    of.    Act 

CI;,  lfth,    Art   I 

Conlln,    John    J  ,    art    for   relief  of,    Art  3302. 


SAN    FRANCISCO.  1SS3 

Conveyance  of  lot  to  San  Francisco  Ladies'  Protection  and  Re- 
lief  Society,    authorized,    Act   3291. 

Conveyance  of  old  Cemetery  Avenue  and  plaza  reserved  up  to 
New  Cemetery  Avenue  authorized.   Act  3199. 

Conveyances  to  South  San  Francisco  Homestead  and  Railroad 
Association  authorized,   Act  3201. 

Coroners  in,    Act  3203. 

Coroners,  assistants  to,  appointment,  compensation  and  duties. 
Act  752. 

Coroner,   stenographer  to,   Act  753. 

Costs  in,   Act  3204. 

County  clerk   in,   Act  3205. 

County  clerk  in  to  keep  his  office  open  on  election  day,  Act 
3206. 

County   clerk,    deputies,   assistants   and   copyists   of,    Act   828. 

County  clerk,  deputies  and  assistants  of  and  their  salaries. 
Act  3207. 

District  attorney  of,   office  of,   Act  3211. 

District  attorney,   assistants   and   clerks  in,   Act  943. 

District  attorney,  authorized  to  appoint  second  assistant,  Act 
3210. 

Dupont   Street,   widening  of,   Act  3213. 

Dupont   Street,   preservation  of  name  of,   Act  3212. 

East  Street,  harbor  commissioners  authorized  to  sell,  condemn, 
and   acquire  adjacent   lands,   Act  1428. 

East  Street,  harbor  commissioners  authorized  to  rectify  align- 
ment,  Act  1428. 

East  Street,  jurisdiction  of  harbor  commissioners  extended 
over,    Act   1427. 

East  Street,   width   of,   Act   3214. 

Elm   Street   in,    closing   of,    Act  3215. 

Fares,  rates  of  on  street  railroads  in  cities  over  100,000,  Act 
2929. 

Fees  in,  Act  3346. 

Fees  in,   regulation  of,   repeal  of  act,   Act  3346. 

Fees  of  jurors   and   witnesses   in,   Act  3217. 

Fees,  manner  of  paying  in  cities  and  cities  and  counties  over 
100,000,    Act    1121. 

Ferry  and  passenger  depot  of,  bonds  for  constructing  and  fur- 
nishing, Act  1426. 

Fifteenth   Avenue   extension,    opening   of,    Act  3218. 

Fire  commissioners,  appointment  of  messenger  by  supervisors. 
Act  3222. 

Fire  company,  exempt,  authorized  to  receive  and  manage  cer- 
tain   property,    Act   3226. 

Fire  company,  exempt,  president  and  secretary  authorized  to 
administer   oaths,    Act  3225. 

Fire  department,   compensation   of   secretary,    Act  3224. 

Fire  department  in,   reorganizing  and   regulating,   Act  3221. 

Fire  department,   paid,   provision   for,    Act  3220 

Fire  department,  paid,  reorganization  and  regulation  of,  Act 
3221 

Fire  department,  paid,   support  of  disabled  members,   Act  3223. 

Fire  department,    salaries   of   officers   of,    Acts   1180,    11S1. 

Fire  marshal,  appointment  of,  Act  3219. 

Fishermen,  ha.rbor  commissioners  to  set  off  portion  of  water- 
front  for,    Act  3230. 

Free   public   market  on   water-front,   establishment   of,    Act  3228. 

Free  dispensary  in,  establishment  and  maintenance  of,  Act 
3227. 


public    maxke'     In,    harbor     commissioner*    authorized     to 

Fund  s    authorised    to    eompromlse    elatms 

and 
Fund  1   to  transfer  certain   funds 

■ 
Fun.',  i,    sales   and    conveyance*   by   aathor- 

Cns.    - 

quality,  *: 

■wan*    land    comrolssion- 
.tn    lnnd    to.    Art    1372. 

-k     nu:h  over 

Gold-  k.  eotnmla  I   to  receire  gifts. 

Hamilton  '    lands    in    confirmed. 

llHrt 

Highways   In,  repair  and 
I 

t    »,    and    levy    a    tax    therefor.    Act 

• 

mint    nod    utiliiation    of    labor. 

Hunting     and    slum  ting    o:  i-rounds    In  let 

Incorporation   ai  I  lea  'of 

In. In-  • 

In. in  upon  isori, 

•••ani-boilers,    and    steam    tank*,    appointment    of, 

I,    for    criminal    courts 
Itali..  \    • 

.  k,    Jurisdiction    of    giveD    harbor    commissioners.    Act 

Judgments    aga  and   count  "'.000,   bow    paid, 

Judgmi  nis.    qu  ■    to    lands    in.    authorized    to    I 

Jurors  In, 

ion   In.   organization   and   regulation  of.    Act 
Justice'!  court   In,  regulatii  •  3246. 

Justlci  s'  court  In,  Bummoj 
Law   librarj 

■XI. 
I 

farilitatint  31'49. 


SAX     FRANCISCO.  1685 

Manufacture   of   acids   and   explosive    chemicals,    Act   3251. 

Mayor  of.   salary   of  clerk   of.    Act  3252. 

Mission    Creek,   acquiring  lands  contiguous   to,   Act  3321. 

Mission  Creek,   canal  through.   Act  3198. 

Mission   Creek  declared   navigable,   Act   3263. 

Mission  Creek,  vacation  and  sale  of  certain  parts  of,   Act  3321. 

Montgomery  Avenue,   grade  of.   Act  3254. 

Montgomery   Avenue,   opening   and   establishing.    Act   3257. 

Montgomery    Avenue,  orders   relative   to   street  work   on   ratified, 

Act  3255. 
Montgomery    Street    South,    establishing   and    opening,    Act    3256. 
Morgue,   public,   in.   Act  3258. 
Mutual    real    estate    company,    surviving   trustees    authorized    10 

make  sales.  Act  3259 
Normal   school,   establishment  of  in.   Act  3557. 
Normal  school,   site  and  building   for.   Act  3535. 
North   Beach   and   Mission   Railroad   Company,   certain   privileges 

granted    to,    Acts   24S9.    2490.    3260,    3261. 
North     San     Francisco     Homestead     and     Railroad     Association, 
commissioners     of     swamp     lands     authorized     to     convey 
lands   to.    Act   2495. 
Notary,  additional  for,   Act  3263. 

Notary,    additional   to   reside   at  Presidio,    Act   3264. 
Notary,   additional,   to  reside  at  Yerba   Buena   Island,    Acts  3262, 

3265. 
One    twelfth    act,    Act    3329 

Order  No.   800  quieting   title  to   lands   in,    confirmed,    Act  3270. 
Order    No.    8S3,    for     exchange    between    and    Edward    Tompkins, 

confirmed,     Act    3272. 
Order  No.    1004,   confirmed,    Act  3273. 
O  der    No.    1404.    confirmed,    Act    3274. 

Order   '-enuiriris    fencing  lots  and   to   prevent  drifting  sand,   con- 
firmed,    Act     3273. 
Or^irnnce    Xo     846    onfirmed.    Act    3271. 
Ordinance,    Van    Xess.    ratification    of.    Act    3332. 
Orphan    asyluers    authorized    to    b'nd    children    as     apprentices, 

clerks    and    servants,    Act    214. 
Park  commissioner,   creation   of  office  of,  Act  3285. 
Park  purposes,  reservation,  for,   Act  3286. 
Perry,    Sallie  C .,   claim  of  state  to  certain  tract  quitclaimed    to, 

Act  4030. 
Pharmacy,   regulating   practice  of,    Act  3277,   327S. 
Point   Lobos  Avenue,   authority  of  park  commissioners  extended 

over,     Act     3276. 
Police   court,    creation    of,    Act    3282. 
Police   court,    additional   creation    of,    Act   32S1. 
Police   court,    prosecuting   attorney   authorized   to   appoint   clerk, 

Act  3283. 
Police   department,    appointment   of   members   of,    Act   2732. 
Police  department,    salaries  of  officers   of,   Act  2732. 
Police  force,   increasing   and  regulating,   Acts  3279,   3280. 
Prisons,    authorized   to   make  alterations  in,   Act  3284. 
Quarantine    for,    Act    3287. 
Registration    of   voters,    Act   3216. 

Reservations    for    park    and    reservoir    purposes,    Act    3286. 
Reservoir   purposes,    reservation    for,    Act    3286. 
Resolution    No.    11,900    confirmed.    Act    3275. 
Roads  in,    repair  and    improvement   of,    Act  3288. 
Sailor    boarding-houses,    regulation   of,    Act   3289. 
Salaries    of    clerks    appointed    by    supervisors,    appointment    of. 
Act  3290. 


MM 

Sales    of    perishable      products    on     whnrves,    permit    of    hnrb«r 

Sale  of  perlsha  >    i    3345. 

Pan   Francisco  n  and  K.  1  ■  ••yance 

San    :  indlin|  Asylum,  Mayor 

autl  •     I 

J87. 

Seawall    In.    male    bonds   of,    submhRlon    of   proposal    to   el 

Act 
Seventh   street,   grn'  Itryant   and    Draunnn   streets   es- 

Lnb!  SMC 

Seventh 
Sewer   In.  I 

m    In.    repairs    <>f.    ■  and    facilitated    In    case    of 

Bhn:  .mUiorlslm  conveyance  to  ratified. 

»    by     legalized.     Arts 
road   Atsoclatlon.   con- 

2SM. 

!    States,    payment 

nvey 

nguous    t<.. 

riinnl   through. 
■ 

.::i    parts  of, 

... 

■ 

Act   SMI 

.      I    t    3547. 

Ins,     Act 
I     »ori 


SAN    FRANCISCO.  16S7 

Streets,     Montgomery    street    south,    establishing    and     opening, 

Act 
Streets,    ordinances   relating  to    street   work,   ratified,    Acts  3266, 

3267. 
Streets.     Point  Lobos    avenue,  authority  of  park    commissioners 

extended    over,    Act 
Street,    repairs    in,    Act 
Street    repairs,    authorized    and     facilitated    in    case    of    urgent 

necessity,    Act 
Streets,    resolution    No     11.900   relating   to    confirmed,    Act   3275. 
Streets,    Seventh    street,    grade   established    between    Bryant    and 

an    streets,    Act    3296. 
Streets,    Seventh    street,    opening    of.    Act    3295. 
Streets,   Sixth  street,  opening  and  establishing,   Act  3297. 
Streets,    superintendent    of.    further  powers  granted   to,    Act   3310. 
Streets,    supervisors    authorized    to    cut,    fill    and    grade    certain 

streets,     Act    3319. 
Streets,    supervisors     granted    additional    powers    in    relation    to 

accept) '.  stn  ■  ts,    \  • 
Streets,    supervisors    granted    certain   powers    as   to.    Act   3313. 
Streets,    Townsenl    street,    orders    relating    to    grading    of    rati- 
fied,   Act 
Streets,  Van  Ness  avenue,  improvement  of,  Act  3333. 
Streets,    Valencia     street,    supervisors    authorized    to    open,    Act 

3330. 
Superior   judges    of    may   appoint    secretary,    Act    845. 
Supervisors,   additional  powers  conferred   on,    Acts  3314-3321. 
Supervisors    authorized    to    cut,    fill    and    grade    certain    streets, 

Act  3319. 
Supervisors    appropriation   from    general  fund  for  urgent  neces- 
sity and   other  purposes  authorized,    Act  3318. 
Supervisors,    expending    unexpended   balances,    Act   3322. 
Supervisors  granted   certain   powers  as  to  streets,   Act  3313. 
Supervisors   granted    additional    powers    in    relation    to    accepted 

streets,   Act  3320. 
Supervisors   granted    powers   to    complete    all    main    intercepting 

sewers,    Act  3311 
Supervisors,   powers  of  as  to  contracts.   Act  3312. 
Taxes,   assessment  and  collection   of  on  personalty,    Act_3323. 
Taxes  upon  personalty,   act  relating  to  repealed,   Act  4051. 
Tehama   street,    opening   and   extending   of.    Act  3324. 
Titles  in,   settlement  of,  expedited,   Act  332G. 
Townsend    street,    orders    relating    to    grading    of    ratified,    Act 

3268. 
Training-ship   in,    establishment  and   maintenance   of,    Acts   3327, 

332S,    4125. 
Treasurer,    additional      powers    conferred    on,    Acts    3321,    3322, 

3314. 
Treasurer,   further  powers  conferred  upon,  Act  3193. 
Treasurers,     deputies    and     clerks    in     cities    over     200,000,    Act 

4135. 
Treasury,    expending   unexpended   balances,   Act   3322. 
Treasury,    one-twelfth   act,    Act   3329. 

Valencia    street,    supervisors    authorized   to   open,    Act   3330. 
Van   Ness   avenue    improvement   of,    Act  3333. 
Van    Ness    ordinance,    ratification    of,    Act    3332. 
Veterans'  home,  directors  authorized  to  exchange  or  lease  lands 

in,    Act    4285. 
Water-front   of,    compromise    of    litigation    concerning,    Act   3343. 
Water-front  of,  description  of,  Acta  3334,  3335. 
Water-front  of,    title   to   property   on   confirmed,   Act  3339. 


1688  SAN    FK  \N    70AQ1  IN    OOTJNTY. 

of,     Art    3338. 
Wa)    r     r  r 1 1   line  of,   sale  of  property  of  state  within,   Arts  3336, 

r-front   1(  ts.  conveyances  of  certain  to  William   Srhalle  au- 
thorized.   Act 
Water    rates    In.    .  s-ablishln«,    Act    3340. 

■  if     first     class     authorised    to    obtain.    Act 

W;it   r-works  fur.   providing  and  maintaining.  Acts  3341,  3343. 

Wlini 
BAN   FRANCISCO  BAY,  quarantine  stations  In.  p.  740,   5  182. 
SAN  LADIES'     PROTECTION     AND    REUS?    RO- 

ol  lot  to.  by  San  Eranclaco  authorized. 

I    I.WV    LIBRAS 
BANITARY   DI8TRICT8,   bead*,   Issuance  of.   Act  3349. 
yui.iit    of 

•iisposal    of    pro  349. 

•hdity   of,    determination   of.   Act   3349. 
D    of.    Act 
Kl.  Ction      In.      lot     3349. 
I    I 

■ 

5   5. 

H4S. 
Tax>  custody    and    disbursement 

Of,    Act   3349. 
\KV  LAW8:  Bee  rut, He  ii. 

I    workshops.   Acts   1098    2139, 

\    COUNTY,    additional  Judge  provided   for.    Act  3386. 

Au!  offlelo    Is 

.  rrels.    Act   3363. 
vision,    In, 

bounty    for   destruction   of.    Act   33C3. 

f    right   of   way   for   canal    froni 
-     Act   3353. 
Highways    In.     Act 

onstructtOB   of  by   certain    parties.    Act   3364. 
habitants    authorized     to     form     reclamation 

Officers    of,    salaries    and    compensation    of,    Arts   3360.    336L 
Phonographic  rep  irter  In,  appointment  of 

llO    reporter,    dill 

Main    lands    from    overflow,    Act    3336. 
Public  wham  a  In,    ! 
■ 

•    3365. 

authorised  to  levy  special  tax.  Art  | 
Bqulrrela   In,   bounty   for   destruction  of.   Acts  lsfi,  3363. 

■ 

No      IT,    additional    powoxs    conferred    on. 
Act 
Swamp   laud  distriet   No    2.1.   localizing   Act   2962. 


SAN    JOAQUIN    C(  L'STY- SAN    LUIS    OBISPO.  1<»9 

Tax   collector,    treasurer    ex   officio   is,    Act  3365. 

Treasurer  ex  officio  tax  collector.  Act  3365. 

Trespassing  of  animalf   in,   Act  1071. 

Union    Island    reclamation    districts,    creation,    organization    and 

government,    Act    2970. 
Squirrels,    destruction    of,    Act    1S7. 
SAN   JOAQUIN    RIVER,   r'.  clared  navigable,   Act  3370. 

Ferry,    establishm°n'/.   of   in    Stanislaus   County,    on   San   Joaquin 

River,    Act    37CJ 
Highway,   establish  i»«nt  of,  on,   Act,  3761. 
Navigability   of,    Act   4358. 
Navigation    of,    impiovement   of,    Act   3S11. 
Spark-catchers,  u;  e  of  on  steamers.  Act  3S8S. 

SAN     JOAQUIN    VALLEY    RAILROAD,    certificate    of    incorporation 

validated,  Act  563. 
SAN  JOSE,   board  of  health  in,   Act  3378. 

Bonds  to   provic2-s  for  sewerage.   Act  3370. 

Charter  of,  Act1?)  3375,  3377,   note. 

Construction    of    telegraph    line    from,    to    San    Bernardino,    Act 
.     4052. 

Fire  department  of,   Act  3380. 

Law  library  in,  Act  3381. 

Market   Street,    opening   of   through    Market   Square,    Act   3382. 

Normal   school,    repairs   to,   Act  3534. 

Normal   school  at,   trustees   authorized   to  reconvey  tract  to   city 
for   library,   Act  3558. 

Public  park,  certain   lands  declared  to  be,   Act  3383. 

Reincorporation  of,   Acts  3376,   :;:J77. 

Santa  Clara  Avenue,    act   concerning,   Act  3383. 

School    trustees    authorized    and    empowered    to    erect    a    high 
school  building,   Act  3384. 

Sewerage  of,  bonds  for  issuance,   Act  3379. 

Streets  in,   opening,    widening   and   extending,   Act   3385. 
SAN  JOSE  DE  GUADELOUPE,  navigability  of,  Act  4358. 
SAN  JUAN,   incorporation  of,   Act  3390. 
SAN  LEANDRO,   incorporation  of,  Acts  3395,  3396. 
RAN  LEANDRO  CREEK,  navigability  of,  Act  4360. 

SAN  LUIS  OBISPO  CITY,  bonds  of,   is-suance  and  sale  of,   Acts  3420, 
3422. 

Bonds  of,   substitution   in   lieu  of  bonds  of  town,  Act  3421. 

Incorporation    of,   Act  3418. 

Police   judge   of,    Act  3423. 

Reincorporation  of.   Act  3419. 

Roads   in,   Act  3424. 

Streets  in,  Act  3425. 

Title  to  lands  in,   settlement  of,  Act  3425. 
'JAN  LUIS  OBISPO  COUNTY,  animals  of  another,  wounding  in,   pun- 
ishment   of,    Act    1593. 

Animals,    trespassing    in,    Act   3401. 

Boundary    line    between    San    Luis    Obispo    and    Kern    countf.es, 
locating,    Act    818. 

Bounties  for  destruction  of  wild  animals  in,   Act  189. 

District  attorney,  fees  and  compensation,  Act  3404. 

Fees   in,   Act  3402. 

Fees   of   district    attorney,    Act   3404. 

Fees  of  recorder  of.   Act  3402. 

Fences,   division,   in,   Act  1138. 

Fences  in,   tearing  down  of,  prevention  of,   Act  1593. 

Fires,   leaving  of,  punishment  of,  Act  1593. 


1690    SAN    LUIS  OBISPO   COUNTY     SANTA    I3AKBARA   COUNTY. 

Growing    timber   on    private    gr  nil  Hon    of 

Act    1577. 
Hides  of  slaughtered  cattle,    keeping  of.   Act   i^j 

Hunting  on   li  LS93,   1577. 

Inclosun  -  ring   them  open.   Act   1593. 

lonal,   for, 

<if.    Acta  3409,   3110. 

ibing   o(.    Acts   3405,   3406. 

Rob  1    purpoai  -     mnds   for 
Squ  on    of,    Act 

A  • ■  t   ::  i  i  l  . 
Superior  Judge,  additional  for.  Act  3412. 

11 
1414, 
issing    of    animals    in.    Acl 
SAN    H  pounds   in.    Act   3433. 

An  Id 

Acl 

r   on    private   grounds,    drstrurtion   of   prev< 
L677. 

nig  of,   Art   1^2. 

t    of,    Art 
Hunting    on    privaU     inclosed    grounds    in,    prevention    of 

Officers    in,    duties    nnd    salaries    of.    Act   3432. 

R<  .  Mateo   counties,    supervisors 

authorised   tL    I  Act  3437. 

Road  8484,    3435. 

Supervisors  authorised  to  empower  treasurer  to  appoint  d> 

Squirr.  Is,    destruction    of,    Act    187. 

Squ  nation   of.    Acl    8486. 

nted    from    running   at    large   in.    Art    ie<:t. 
imp   land   fund,    trai.-fi  r  of  I 
Til.    '  |   public  grounds  and  granted   to  publir 

Tr.  rvi.-ors  may  empower  appointment  of. 

s\N   PEDRO,  pilots,  appointment  of  at,  Ac 
S\N    QUBNTIN  "lis. 

BAN    R  vt'AKU   in.  orpor  tion  of, 

SANTA     BARBARA  of    3349,    common    council,    addl- 

'.,   Act  3451. 
Conv  •  tery   Association   confirmed, 

Grants    by    ajruntaml  v    I    -153. 

town    land  I,    Act   3454, 

! 

Ordinance     IT    relatii  g  to    certain    blocks    and    plazas    ratified. 

Ptrerts    In,    laying    out,    opening    and    Improving.      I 

Trustees  of,    pi edings  ol  I,   Art  3452. 

•      TY.    animals,    t.  .    in.    Act    M 

■  y  clerk  of.   Act 


SANTA   BARBARA    COUXTY-SAXTA   CRUZ   CITY.  1691 

Deeds     acknowledged    and    recorded    by    C.    C.    Cook    validated. 

Act    o4uo. 

Fences   in,   Acts  1134,   1135. 

Fences,    division,   in,    Act  1138. 

Growing   timber   on    private   grounds,    destruction   of   prevented, 

Act    15*7. 
Hides   of   slaughtered   cattle,   keeping  of,   Act  182. 
Hunting    on    private    inclosed    grounds    in,    prevention    of,    Act 

1577. 
Notaries,    additional,    for,    Act,    2501. 
Officers  of,  salaries  of,   Act  3465. 
Proceedings    of,    legalized,    Act    34G9. 
Roads  in,   Act  34C6. 
Road  districts,   special,   in.   Act  3467. 
Road  fund  in.    Act  34G7 
Squirrels    in,    extermination   of,    Act   3468. 
Trespassing   of    animals    in,    Act    1071. 
Water   commissioners   for.    Act  4365. 
Waters,    overseer   to   regulate,    Act   4365. 

SANTA    CLARA    CITY,    authorized    to    take    and    hold    In    trust    for 
inhabitants    lands    granted   by    congress,    Act   3474. 
Reincorporation   of,    Act  3473. 

Trustees    of    home    for    feeble-minded    children    authorized     to 
quitclaim  certain  realty  to  trustees  of,  Act  1114. 

SANTA    CLARA    COUNTY,    Alameda   road,    construction    and    protec- 

Arroyo   del   Medo   declared  navigable,   Act  240 
Artesian    wells,    regulation    of    and    prevention    of    waste     n     41 
§    7;    Act   34S0.  '  ' 

Assessor  made  collector   of  poll-taxes,    Act  34S1. 
Auditor,  seal  of  office,   Act  3482. 

Auditor,   supervisors  to  pay   certain  moneys   to    Act  3483 
;  Coroner  of,   Act  3484. 
County  clerk,    fees   of,    Act  34S5. 

County  clerk,   supervisors  to   pay  certain  moneys  to    Act  3483 
Fees   of    county   clerk,    Act  3485. 
Fees   of   officers   of,    Acts   348S,    3489. 
Fees  of  recorder   of,   Act  3190. 

Firemen,   exemption  of  from  poll  taxes,   Act  3486. 
Hides  of  slaughtered  cattle,  keeping  of,   Act  182. 
Highways  in,   Act  3495. 
Notaries,    additional,    for,   Act   2501. 
Officers  of,  fees  and  salaries  of,  Acts  3188,  34S9. 
Poll  taxes,  exemption  of  firemen  from,  Act  34S6. 
Recorder   of,    fees  ot,    Act   3490. 
Records,   complete,   keeping  of,   Act  3494. 
Records   of   legalized.    Act   3491. 

Records,    Spanish,   translation   of   into   English,   Act  3492. 
Records   of,    transcribing,   Act   3493. 
Roads  in,  Act  3495. 

Roads,    public,    protection    of,    Act   3496. 

Santa  Clara  Avenue,   opening  and   improving  of,   Acts  3497,  3498. 
Saratoga   Avenue,   opening  of,    Act  3497. 
Squirrels,   destruction  of,    Act  187. 

Stallions   prevented   from  running  at   large   in,  ,  Act   1063. 
Streams,   unnavigable,   supervisors  given   powers   over.   Act  3499. 
Superior  judges,  increasing  number  of,  Act  34S7. 

SANTA  CRUZ   CITY,   incorporation  of,   Act  3505. 
Reincorporation,    Act  3504. 
Water  pipes  in,   Davis  &   Cowell  authorized  to  lay,    kct  3506. 


16D2  BANTA    CRUZ  SCHOOLS. 

SANTA     ORUe    BOUNTY,    animals    of    another,    wounding    In,    pun- 
ishment ol 

providing  r,   Act  3511. 

land  tltl..i  in.  Act  408. 

■ 
Of    si),  riff 

f,    pn  vontlon    of.    Ar* 

tion   of.    A 
Hunting   on    Inclosed    larnl     In,    prevention   of,   Art    ' 

vtnK   open.    Art    | 
Jurors    In    Justl.  I  ■   i  -mrt 

Oil    of    lands    for.    AC 
•    of   line  o' 
Sheriff,    f. 
Bgu    • 

•    •   ■  Mfc 

Snr\  i 

•  I. 
of.    Arts 
bile,    nomr   of  cl  I  I      s.mta   ntta,    Art 

SAM 

!    dutlM   of.    Act  3&3S. 

■  ration,    A 

inn. 

NQS    BAN] 
SAWMILLS     lunch    hour    for    laborers    In    mills    and    lojcKln*    camps, 

SCHOOL  OF   INI 'l  BTRT:    B  D   Srhool   of  Industry. 

OL   LA  NDI 
BCHOOL  OF   Rl  o\. 

Ool     eo    of 
th. 
Annul 

lrawal    of 

ni  Hon    of   control    by   tru 

i 

S3   4   et   ■ 

•  :      of    In 

it|es. 

'  Di;    fund, 

l 

m 

i  '  istratlon  of,   Act  35M. 

llaorj    att 


SCHOOLS.  1693 

Compulsory    school    law,    Act    3573. 

Contra  Costa  County,   distribution   of  school  moneys  in,   Act  725. 

Courthouse    school    district,    Sonoma    County,    re-establishment. 

Act  3547. 
Deaf,    dumb    and   blind   child,    compulsory   attendance   and    duty 

of    parents,    Act   3574,    §    10. 
Distribution    of    school    moneys    in    certain    counties,    Act    3542. 
Enforcement  of   educational   rights   of  children,    Act   3573. 
Funds   of   school   districts,    preservation   of  after   change    in   con- 
stitution,  Act  3579. 
Gifts    and    donation    to,    encouragement    and    protection    of,    Acts 

4162,    4163. 
Grass    Valley    school    district,    board   of    education,    Act    3541. 
High,  apportionment  of  fund  in  event  of  calamity,  Act  3553a,  §  5. 
High,    boards,    meeting   place   of   within    cities,    Act   3552. 
High,    bonds    of,    registration    of,    Act   3536. 
High,    condition    of    receiving    state    aid,    p.    U50,    §    9. 
High,    county,    establishment    of,    Act    3551. 
High,    county,    support    of,    Act    3551. 
High,    establishment    of,    Act    3549. 
High,    fund,    creation   of,    Act  3553a. 
High,    fund    for,    creation    of,    Act    3553a. 
High,    fund    for,    and    distribution    of,    Acts,    3553,    3553a. 
High,    funds,    distribution    and   apportionment,    Act   3553a. 
High,    funds,    duty    of    controller.    Act   3553a,    §    10. 
High,    funds,    duty   of   treasurer,    Act   3553a,    §    11. 
High,    in   cities,    legalizing   establishment   of,    Act   3550. 
High,    in    cities,    maintenance    and    support  of,    Act   3550. 
High,    joint    union    districts,    reports    of    principals,    Act    3553a, 

§    6. 
High,    joint  union  districts,   report  of  superintendent,   Act  3553a, 

§  7. 
High,     joint    union     districts,     requisitions    against     funds,     Act 

3553a,    §    8. 
High,   report   of   principal,    Act   3553a,    §    6. 
High,   report  of  superintendent,  Act  3553a,    §  7. 
High,    requisition   against   funds,    Act   3553a,    §    8. 
Incorporation    of    institutions   of   learning,    science   and    art,    Act 

633. 
Interest  on   state,  bonds  held  in   trust  for  university  and   school 

funds,   payment  of,   Act  374. 
Kings    River    Switch    school    district,     portion    of    attached     to 

Kingsbury  school   district,    Fresno  County,    Act  3548. 
Military    academy:     See    Military    Academy. 

Millville    school    district,    Shasta    County,    census   of,    Act   3544. 
Name   of   school    district,    changing.    Act   3568. 
Normal,   repairs   to   San   Jose,   Act  3534. 
Normal    school    at    San    Jose,    trustees    authorized    to    reconvey 

tract  to   city   for   library,   Act  3558. 
Normal  school,  branch,   establishment  of  in  northern  California, 

Act   3555. 
Norn  i  pstablishment  of  branch   at  Los   Angeles  Coun- 

ty, Act  3551. 
Norma,    bouuui,    state,    establishment    of    in    San    Diego    County, 

Act  3556. 
Normal    school,    state,    establishment    of    in    San    Francisco,    Act 

3557. 
Parental   schools,    Act  3574,    §§    6   et   seq. 
Parental   schools,    joint,    establishing.    Act  3574,    §   8. 
Preston    school   of   industry:     See   Preston    School    of   Industry. 


.  ints.    Act 
: 
Putah    srlj  '      Act 

RattI 

Rellm;i.  :    rights    h 

of   after   change   In   o  nstltlltlOD,    Act 

trlct,    SIsk:>  •  ■    au- 

tbi 

Slski- 

■ 

ting    and 

........ 

i-ntlon    of 

; 

\ 

4 

and    custody    of.     Act 
3560. 

Dtmeot    and    Ml 

•  itits    in    various    com 

1 

hnlc  school,    Act 

5  :. 

salaries  and   expenses   In   various  counties:    See 
tie*. 

women   eligible   to   offl' f,    p     H3.    i    5*. 

setting    off    portion    of    for 

-a'   annult 

:  :    of    i-on- 

:nas,    continuing    In    force.     Act 

it    iu    first 

Truair  '     '      '  74.    55    6   *' 

54. 

■initiation   of  val.dity   authorized     Act 

Is  of  registration   of,   Act  3536. 

iTlces,    Acts   2542,    3576. 
;  I 

Visu   school 


SCHOOLS.  1S9S 

Cities  of  first  class. 

Bids   and   contracts,    how    made-  and    awarded,    p.    763,    f    253. 
Board  of  education,   election  of  and  term  of  office,   p.  760,    §   247. 
Board    of   education,    meetings,    p.    760,    §    247. 
Board    of    education,    member    not    to    disburse    school    moneys, 

p.  7C9,   §   272. 
Board   of   education,    members   not   to    receive   gifts    or   gratuity, 

p.  769,   §  272. 
Board  of  education,   number  of,   p.   760,    §   247. 
Board    of    education,    powers    enumerated,    pp.    761-T63,    §    249. 
Board  of  education,   qualifications  of  members,  p.  760,    §    247. 
Board   of  education,   quorum,    p.    760,    §    247. 
Board   of   education,    records,    public,   p.   760,   §   247. 
Board    of    education,    rules,    p.    760,    §    247. 
Board    of    education,    vacancies,    filling    and    term    of    appointee, 

p.    766,    §    261. 
Claims    and    demands,    pp.    767,    768,    §§    265-269. 
Contracts,    limitation    on   power   of,    p.   768,    §   269. 
Contracts,   officers   not    to   be    interested    in.   p.   764,    §    254. 
Demands,   allowance  and    approval   of,   p.   696,    5   94. 
Demands,    remedy   on   rejection    of,    p.    699,    §    99. 
Estimate    of   expenses,    p.    768,    §    270. 
Evening    scli  <>ls,    p.    764,    §    256. 
Expenses,    limit   upon,    p.    768,    §    270. 
Funds,   p.  694,    §   4;   pp.  766-768,   §§   263,  267. 
Oaths,    what   officers  may    administer,    p.   763,    §    250. 
Records,    p.    764,    §    256. 
Reports,  annual,  p.  764,    §  255. 
Reports,   quarterly,   of  directors,   p.   763.    §   251. 
Rules,    p.    764,    §    256. 
Regulations,    p.    764,    §    256. 

Sectarian   schools   not   to   receive    school   money,   p.   769,    5    271. 
Superintendent    of,    p.    760,    §    248;    pp.    765,    766,    §§    257-260,    262. 
Superintendent,   clerk   of,   appointment  and   salary,   p.   765,    §   258. 
Superintendent,   salary  of,   p.    652,    subd.   14. 
Superintendent,    vacancy,    filling   and   term   of   appointee,    p.    766, 

§    262. 
Supplies,    how    furnished,    p.    763,    §    252. 
Taxes,    audited   bills    reeeiv-ible    for,    p.    768,    §    268. 
Tax,    levy   and    limit   upon,    p.    768,    §    270. 

Cities    of    second    class. 

Board    of    education,    directors,    election    and    term    of    office,    p. 

797,    §    410. 
Board    of    education,    government    of    schco'.s    vested    in,    p.    797, 

8   410. 
Board   of   education,   meetings,    p.   798,    §    411. 
Board    of   education,    number   of   members,    p.    797,    §    410. 
Board   of  education,  organization,   p.   798,    §   411. 
Prard   of   education,    powers   of   enumerated,    p,    798,    §    412. 
Board    of   education,    quorum,    p.    79S,    §    411. 
Board   of   education,    rules,    p.    798,    §    411. 
Board    of   education,    secretary    of     p.    802.    §    417. 
Board    of    education,    vacancies,    filling   of.    p.    798.    §    411. 
Boards   of  examination,    powers   of,    p.    801,    §   416. 
Claims,    procedure    on.    p.    S04,    §    423. 

Contracts   in    which   officers   interested,    effect   of,    p.    801.    §    415. 
Contracts,   letting  of,   p.   801,    §   414. 

Contracts,    officers   not   to  be   interested   in.   n.    801.   §   415. 
Debts   not  to  be  in   excess   of   income,   p.   804,    §    424. 


)6  SCHOOLS. 

Demands,    payment    of,    p.    801     5    124. 

Demands,     president    of    board    may    administer    oaths,    p.    800, 

§   413. 
Examinations    for    certificates,    p.    801,    §    416. 
Funds,    p.   803.    §    121. 

Funds,    certifying   amount    of    by   county    auditor,    p.    804,    5    425. 
Funds,   how  expended,  p.  803,    > 
Funds,     moneys     received     from     stiite     used     for     primary     and 

grammar    school,    p.    805.    | 
Funds     pavment   by   county   treasurer   to   city    treasurer,   p.    805, 

§    426. 
Bup<  rintendent  and  assistant,  salary  of,  p.  773,   §  307. 
Superintendent,  duties  of,   p.  802,    9    ll'.i. 
Superintendent     is     -  I     board     of    education,     p.     802, 

§    417. 
Superintendent,  report  of,  p.  802,   §  418. 
Superintendent,    vacancy,    filling    of    and    term    of    appointee,    p. 

Teachers    to    have    certificates,    p.    801,    §    416. 

Cities  of  third  class. 

Board   of  education,   actions  by  and  against,   p.    826,    S   574. 
Board   of   education,    g   verned    by,    p  I 

1   of  education,   meetings,   p, 
Board   of   education,    powers   of   enumerated,    pp.   823-825,    §§    573, 

674. 
Board  of  education,   president,   powers  of.   p.   826,   5§    576,   677. 
Board    of   education,    quorum,    p.    823,    §    572. 
Board   of   education,    reu  ids,    p.    823,    §    572. 
Board  of  education.  -r>08. 

Board   of  education,   term  of  office,    p. 
Board  of  education,   vacancy,    filling  and  term  ■     ktee,  p. 

823,    §    571. 
Board   of  education,    witnesses  before,   p.   826,    §   577. 
Claims  and  warrants,    p.   826,    5   578. 
Compensation,  act   without,   p.   807,    E 
County    treasurer   to    pay   moneys    to    city    treaaureifl,    p.    825,    5 

Revenue   from    state   applied    to    primary   and    grammar   schools, 

p.   826,    §    578 
Separate  school   district     constitute,   p.   822,    §   570. 
Superintendent,   -alary  of,   p.  S07,   §  506. 
Teachers,   eligibility   of,    p.   808,    §   508. 
Trustees,   eligibilty  of,   p.   808,    §   508. 

Cities    of    fourth    class. 

Advertisement  for  supplies,   p.   861,    $    712. 

Board   of  education,   consists  of  whom,    p.   861,    5   710. 

Board  of  education,  election  of,  p.   'dCl,   §   JM. 

Board  of  education,  members  act  without  compensation,   p.   831, 

j    608, 
Board  of  education,  powers  of  enumerated,  p    861,   §  713. 
Board   of   examination,    to  visit    schools,    i>     9S5,    S    716. 
Claims  and  demands,   p.  866,    §§   713,  119. 
Funds,    p.    S65,    §   717. 

Rules   and  regulations  governing,   p.   B65,    5   716 
Superintendent,   election   and  term   of  office,    p.  838,    §   «>0Z. 
Superintendent,  powers  and  duties  of,   p.   861,   5   ill. 
Teachers  and   certificates,    pp.    864,    8C6,    SJ    fl4,   716. 
Trustees,  election  and  term  of  office,  p.  828,  J  602. 


SCHOOLS-SEWERS.  K'J' 

Cities  of  fifth   class. 

Board  of  education    actions  by  and   against,   p.   88S,    §   799; 

Board  of  education,   compensation,   act   without,   p.  888,    §   797. 

Board   of  education,   election   and   term   of  office,    p    867,    §   752. 

Board  of  education,  governed  by,  p.  887,   §  795. 

Board  of  education    meetings,  p.  888,  §  797. 

Board  of  education,   powers  of  enumerated,  p.  8SS,   §   798. 

Board    of    education,    president,    powers    of.    p.    SSO,    §§    SOI,    802. 

Board    of   education,    quorum,    p.   8S8.    §    797. 

Board   of   pdmation,    vacancy,    filling   of   and   term   of   appointee, 

p.  887,  §  796. 
Board  of  education,   witnesses  before,   p.   890,    §   802. 
Bonds,   authorized   to   issuo   for   lots   and   buildings,    Act  3566. 
Bonds  by  districts  partly   within,   Act  3507. 
Bonds      issuance    of    by    districts    in    for    School    purposes,    Act 

3507. 
Claims,   demands  and  warrants,   pp.    890,  891,   §§   801,   803. 
Form  separate  district,  p    887,    §   795. 
Funds   from    state   or    count v    applied   to   primary    and   grammar 

schools,    p.   891,    §   805. 
Inclusion   of  outside  territory,   p.  887,    §   795. 
Secretary,  duties  and  compensation  of,  p.  891,   §  804. 
Treasurer  of  city,  moneys  to  be  paid  to,  p.  890,  §  800. 
SCOTT'S   VALLEY    SCHOOL    DISTRICT,    in    Siskiyou    County,    trus- 
tees,  authorized   to   borrow   money,    Act   3540. 
SEA  GULLS  at  Santa  Monica,  protection  of.  Act  1315. 

Killing  of  within  five  miles  of,  prohibited,  Act  3525. 
SEALS,    validation    of    writs,    process    and    certificates    issued    before 

courts   have   seals,    Act   2791. 
SEAMEN:   See  Shipping. 

SECRETARIES,    Uiiited    States    secretary,    assault    upon,    punishment 
of,   Act  693.' 
United     States     secretary,     conspiracy     to     commit     any     crime 
against,   punishment   of,   Act  693. 
SECRETARY    OF    STATE,    janitor's    clerk,    appointment    and    salary 
of,   Act  3584. 
License  tax  upon  corporations,   duty  in  relation   to,   Act  757. 
Keeper  of   the  archives,   to   appoint.   Act  1779. 
Keeper  of  archives,  salary  of,  Act  3585. 
SEDUCTION,   punishment  of,   Act  3590. 
SENATE,    senatorial   districts.    Acts   1905-1090. 
SENATORS,   United  States:   See  United  States   Senators. 
SENTENCE:   See  Preston   School  of  Industry;   Whittier  State  School. 
Parole  commissioners,   creation   of  board  for  parole  and  govern- 
ment of  prisoners,   Act  3SG6. 
State  prisons:   See  State  Prisons. 
SEPARATE     PROPERTY,     married    women,    of,    protection    of,     Act 

2111. 
SERVANTS:    See    Master    and    Servant. 
SERVICE,    mileage    for    service    of    papers   or    process    issued    outside 

of    county,    p.    318. 
SETTLERS  on  public  lands:  See  Public  Lands. 

SEWERS,     appointment     of     person     to     supervise     construction     and 
compensation  ot,  p    1310,   §   35. 
Cities   authorized   to  incur  debt  to  construct  sewers,   Act  2361. 
Gen.  Laws— 107 


UN 

Cities   of   third   class,   sowers  In,   provisions  relating  to,   pp.   811- 

Cleaning  of,   p.    1804 

Construction   of. 

Construction   of  by  sanlt:iry  districts.   Act  ^3 19. 

Construction  of  In   cities,   Act 

Construction    of    proceedings,    p.    1303,    {    24;    pp.    4305-1307      §5 

27-33. 
Construction    of   under   local   Improvement   act   of   1901,    Act   302'.t. 
Districts  cities,   establishment   and   main! 

Acts    . 
Ext>  Vtlon    of    main    intercepting    sewers,    power 

given    supervisors, 
Incur  lies.    Acts   22111.   2900. 

Sanlt  ,  'ruction   of.    Act   3349. 

Supervisors  authori/ 

Bapeniaon    U  ithorized   to 

main   Intercepting  sewers. 
SHARP,    QEORGB    F..   ordinance  authorizing  conveyance   to   ratlfl'  1. 

BHASTa    COUNTT,   additional  superior  Ju  I 

Anlnuils  of  another,    wounding   in,   pui 
bound. try  line 

en   Shasta   and   Plumas  counties,    Act   814. 
y    of.    Act 

'.♦45. 

1)37. 

'    I 

Pond  id   fund    to 

■  w.iys    In.     ' 

"•'05. 

Act 

Mtllvlllo 

Roads   in,    Act 

B   In,   distn  \   I   R41 

I 

• 
Stall 
Tagg. irt.  Grant  I.,  authorized  to  cerl  ords, 

Tramroa  a,  Incorporation  of  In,  Act  4130. 

SHASTA     TOWN   OP,    hot  running   at  large  In, 

BHEB1  '   on   petiiioi 

t   killing  01  >5   4.   5. 

Il> 
Hi  rdli  g  of  In  pari;  He. 

I    : 
Ion  of  ofli 
Inspector.  .tnieut  aud   compensation,     • 


SHEEP— SHIPPING. 


1633 


Inspector,   deputies,    powers   and   duties    Act  3C20 
Inspector,    powers   and    duties,    Act   3C0 
Marks  or  brands,  reports  of,   p.  1208    J   10 
Particular  counties,   in:    See  Particular   Title 

P°Weited,f  AUcteSo°rS  t0  imP°Se  UC'enSe  °n  :sheep  business  "m- 
ProtectioA^f    from    ravages    of   dogs    and    other    animals,    Acts 
Scab,    suppression   and   prevention   of    Act   3C20 
Scab,   violation   of  act   for  prevention'  of,   punishment,     Act  3620 
Sheep^commissioners,    supervisors    authorized    to    appoint,    Act 

Stray,  proceedings  in  case  of,  p.  120S,   §  12. 

SHERIFFS     badge    of   office,    supervisors    to   furnish    to    sheriff    and 
deputies,   Act  3628.  fenerirr    and 

Bond    of,    p.    146,    §    66. 
Bonds  of:    See   Bonds. 
Compensation    for    carrying    insane    persons    or    prisoners,    Act 

Coroner,   when   discharges  duties  of,   p     1H6     §    147 
Deputies,   additional,   in  counties  where  judges  increased    d    3^ 
Deputies  and  assistants  in  various  counties:  See  Counties 
Deputies  not  to  practice  law  or  have  law  partner    p    146    8  BR 
Expenses    for    property    seized   on    attachment   or   execution    and 

DOW    p3lu      P     316. 

Expenses    for    pursuing    criminals    or   transacting    business    out 

of  county,   p.  315  Lbs    ouc 

Fees  of,   generally,   p.   409. 
Insane  person,   compensation  and  allowances  of  sheriff  for  cnn 

veying,    p.    316. 
Justice's  court,   in:   See  Justices  Court. 
Law,  not  to  practice  or  have  law  partner,  p.  146    §   65 
Mileage    for    service    of    papers    or    process    issued    outside    of 

county,   p.   316. 
Office  hours,  p.   145,    §   61. 
Outgoing,   p.   153,    §   103. 
Particular    counties,    sheriff    in:    See    Particular    Title-    see    also 

Counties. 
Party,   service  of  process  where  sheriff  is,   p.   154,    §    104 
Prisoners,   allowance  to  sheriff  for  boarding,    pp.   315,  31c 
Prisoners,    sheriff,    compensation    and    allowances    for    carrviu" 

to  state  prisons,  p.  316. 
Photographs   and    description    of   discharged    convicts     giving   to 

sheriffs,    Acts   738,   2767. 
Powers,    duties    and    liabilities    enumerated,    pp.    151-155,    §§    88- 

105. 
Salary  of  in  various  counties:   See  Counties. 
Supervisors,   duties  in  relation  to,   p.  135,    5   27,  29. 
Wardens    to    furnish   descriptions   of   convicts  'to,    Act   738. 
Wardens    to    furnish    information    concerning    convicts    to,    Act 

SHERMAN    ISLAND,   roads   on,   protection   of,    Act  3633. 
SHIPPING:    See    Navigation;    Yacht   Clubs. 

Buoys   and   beacons,   protection    of,   Act  435. 

Duties  of  masters  of  vessels  in  relation  to  passengers   arriving 
Act    15S7. 

Mooring  to  buoys  or  beacons  prevented,  Act  4354. 

Seamen,   preventing   enticing  to   desert,   Act  3638. 

Spark-catchers,   use  of  on  steamers.  Act  3S88. 

Throwing  ovei board  of  ballast  prevented,  Act  4354. 

Wrecks:   See   Wrecks. 


1700  ilTHVND     REPORTERS-  SNE1.UXO. 

•  -    In    cities    mi 
■  and  rounds  nvrr  100,0060 
B1CR 

SII:i:I:A    O  Imals-of  another,    woundlnp  in.    punishment  of. 

593. 
As-  T;.  in    treasurer, 

of  officer 

Feno  i  if,   prevention  of.   Act   1591. 

■ 

Road    dlstrirts 

maa   counties,    right    to   construct.    Act 

Koad    poll 

•iK   nt    larwe    In.    Ait    10*3. 

Trea  in   '».    Act  3447. 

s    nn.l    Mining. 
ftlON  |     |  h  of.    Act  2550. 

SILK    CI   I  ihllshmcnt   of.    ArU  36W,   J6S9. 

SISKIYOU    COl  M  V,    animals   of   another,    woundln*   In,    puulshment 
I 

-    In.    Act* 

semi-annual    payment    of 

.ntle*    of    Del 
90*. 

m   poll   tax.    Act  4061. 

■ 
lluntii*;  on    Inclow  d   land   In.   prevention  of,   Act   ir^5 

\!n<  open.   Act  IBM. 

Etna,  Act  sou. 

I  .".39. 

iuthorl«ed    to    borrow 

•    816. 
I    from    running    at    lar*;'-   In.    Act   106J. 
i    In,    Act   3667. 
<  -    for.    Act 

I 

SMITH,    MYRON,    U(  to.    and  J.   P.   CnunU 

SMITH    RIVER,    nnvW  • 

.  •  .1     to    sail    eour< 
house   block   aud   buildings   In,    Act   I 


SOCIETIES— SONOMA    COUNTY.  1701 

SOCIETIES,    society    ror    prevention    of    cruelty    to     children,    Incor- 
poration    of.     Act     1618. 

See  Associations;  Unincorporated  Societies. 
SOLANO   COUNTY,    agricultural    interests,    developing,    Act   3677. 

Auditor,    duties   and    compensation   of.    Act  3684. 

Auditor,    recorder   ex-offlcio    is.    Act   3682. 

Branch   county   jail,    establishing   and    maintaining,    Act   3680. 

Canal     const  ruction    of    in     Colusa,    Solano    and    Yolo    counties, 
Acts    531,    3677,    4449. 

County  clerk,   dities   and   compensation   of,   Act   3684. 

County   seat,    location   of,    Act  3678. 

District  attorney,   duties  and  compensation,   Act  3684. 

Fences,    division,     in.     Act    1138. 

Highways     in,     Act    3679. 

Notaries,    additional    for,    Act   3681. 

Officers   of,   salaries  of,   regulation   of.   Act  3683. 

Recorder,    ex-ofncio    auditor,    Act    3682. 

Records   of,    legalizing,    Act   36S6. 

Records   of,    transcribing   of    authorized.   Act   3687. 

Road    tax,    supervisors    to    levy,    Act    3685. 

Sheriff,    duties    and    compensation    of,    Act    3684. 

Sonoma    and    Solano   counties,   certain    records   of   transcribed    to 
Napa    County,    Act    2404. 

Supervisors    authorized    to    approve    petitions    to    form    reclama- 
tion   districts,    Act    2971. 

Suscol   rancho,   title   to   lands   in   quieted,    Act   3688. 

Trespassing    of   animals    in,    Act    1071. 

Water    commissioners    for,    Act    4365. 

Waters,    overseer    to    regulate,    Act   4365. 

Woods  Island,   Sacramento  County,  annexed  to  Rio  Vista  school 
district.    Act    3540. 

Yolo   and    Solano   canal    district,    formation    of   to   protect   lands 
from  overflow  by  Putah  Creek,  Act  2905. 
SOLDIERS    AND    SAILORS:  See    National    Guard;    Veterans'    Home. 

Burial   of   ex-union    soldiers,    sailors  and   marines  dying   without 
means,     Act     3693. 

Claims  against  state   of  soldiers   serving   in   Indian   wars,   audit- 
ing  and    examining,    Act   1607. 

Homes   for  widows,    orphans  and   army   nurses.    Act  3694. 

License,    permitted    to    sell    goods   without,    Act   3692. 

Liquors,    sale    of    in    vicinity    of    soldiers'    home,    prevention    of, 
Acts    1692.    3696. 

Pension    matters,    no    fees    to    be     charged,    Acts    829,    1122;    p. 
321,    §    227. 

Preference    in    public    service    to   ex-union    soldiers,    sailors    and 
marines,    Acts    2893,    3696. 

Revision    of   records   and   publication   of,    Act  520. 
SOLE  TRADERS,   married  women   authorized  to  do  business  as,   Act 

2108. 
SONOMA   CITY,    boundaries   of,    Act   3704. 

Commissioners    to    cairy    into     effect      act    validating     acts    of 
former    commissioners,     Act    3703. 

Conveyances  of  certain  pueblo  lands  confirmed,  Acts  3701,  3702. 

Incorporation    of,    Act    3704. 

Mission   at,   gift   of  to   state,   Act  2298. 
SONOMA  COUNTY,    animals,   pound   districts    in,    Act  3713. 

Apportioning  school   moneys   in.   Act  3539. 

Courthouse   school   district,   re-establishment,   Act  3547. 

Fees  of  officers,    Act   3711. 


no:  SONOMA    CO:  NS. 

Fees   of 

of    sheriff 

f.  Ac!    ITU. 
iy.  gift  to  state,   Ad 
Grow     ,  *    j.rlvate    grounds,    destruction    of    pre\ 

A.  t 

srajri    In,    Arm    3719, 
Banting    on    privote    Inclosed    grounds    In,     previ  ntlon    ol 

■ 

appointment   of,   Act 

Pound    districts    In      Art    3713. 

n  of,  Aet  ' 

■ 

!!12. 

Sonoma   and   Solano   com  I 

• 
Stiill  . 

'     authority    to    rhang.  of    highway 

1112 
Sur\ 
Tr-  r-nsh    In,    Act    : 

•    1329. 

R.    navigability   of.    A 

tir»    department    of,    establishment   of.    Act 

'.  part  of,  declared  a  state  high- 
way     A   i 

-"I   i  HER]  -»nc. 

BOUTHBRN 

■ 

SOUTHERN   PA<  ILROAD  COMPANY,  congreaaIon< 

1 1 1 ■  ■  t  z. 1 1  of    road,    giving    eff< 

1CAN    WAR,    rights   of   members   of    National    Guard 
.      in.     Art     M 

SPANISH      (..RANTS,    preservation     of    p.>i  n>g    to    Spanish 

land   claims.    Act   3744. 

I  of  on  steamers.   Act  8888. 

SPECIAL    COUNSEL,    Mip>  rvlsors    In    counties    of    second    class    may 
3    169,   si  ■ 

SPECIAL  NS,    ails    touctruiug.    Act    1019. 


SPECIAL    PARTNERSHIP— STATE.  1703 

SPECIAL  PARTNERSHIP,   formation  of,  Act  2624. 

SPUR   TRACKS,    construction  of  in   cities,   authorized,   Act  2334. 
Permit    revocable,    Act    2334. 

SQUIRRELS,    destruction    of.    Acts    186,    187,    188. 

Destruction    of  in   particular   counties:    See   Particular   Title. 

STABLE    KEEPERS     lien   on     livestock    kept,    fed    or    pastured,    Act 
1947. 

STALLIONS,    liens    of    owners    of    where    used    for    propagation,    Act 
1948 
Limits  of  keeping  of  unless  inclosed   from  view,   Act  3749. 
Particular    counties,    in:  See    Particular    Title. 
Prevention   of  running  at  large   in   various  counties,    Act  1063. 

STAMPS:  See   Labels;   Marks  and   Brands. 

STANFORD  UNIVERSITY,  exemption  of  certain  property  from  taxa- 
tion.   Act   3754. 
Seal,   Act  3755. 

Trustees  granted   corporate  powers  and   privileges,   Act  3755. 
"*  Trustees,    organization,    by-laws,    etc.,    Act   3755. 

STANISLAUS    COUNTY,    agriculture,    protection    of,    Act    3760. 
Animals,    trespassing   of,    distraining   of,    Act   3760. 
Animals,    trespassing    of,    on     private    property,    prevention    of, 

Act  1069. 
Coroner  in,   Act  3763. 

County  clerk   and   recorder,   separation   of   offices  of,    Act   3764. 
Ferry,   establishment  of  in,   on  San  Joaquin  River,   Act  3761. 
Funds,    swamp    land    funds,     transfer    of    to    general    fund,    Act 

3769. 
Gophers    in,    destruction    of,    Act    186. 
Highway,   establishing  on   San  Joaquin   River,   Act  3761. 
Publio    administrator    in,    Act    3763. 

Recorder   and   county   clerk,   separation   of  offices   of,   Act  3764. 
Road    poll    taxes,    collection    of,    Act   3768. 
Salaries   of    certain    officers    of,    Act    3764. 
Squirrels  in,   destruction  of,   Acts  186,   187,   3765. 
Stallions  prevented   from  running  at  large  in,   Act  1063. 
Superintendent    of    schools    in,    Acts    3763,    3766. 
Superintendent    of    school,    office    for,    Act    3767. 
Treasurer  of,  salary  of.  Act  3770. 
Witnesses'   fees   in.    Act  3771. 

STANISLAUS    RIVER,    public    ford    across    and    public    road    to,    Act 
3776 

STATE,    actions   against,    authorized,    Act  3791. 

Actions    against    for    bounties   on    coyote   scalps    authorized,    Act 

3792. 
Actions    against   to    quiet   title    to    certain    land    authorized,    Act 

3793. 
Actions  against,   to  quiet  title  against  claims   under  inheritance 

tax  law,    Act  4036. 
Actions  against,   procedure  in,   Act  3791. 

Assent  to  reservation   by  Congress  for  public  park,  Act  3785. 
Assent  of,    to  act  of  Congress  applying  proceeds  of  public  land 

for   college,    Acts   634,    3786. 
Attorney-general   authorized   to   bid   in  property   on  judgment  in 

favor  of  state,   Act  265. 


STATE. 

Rori'!s.    board   of  commissioners   to   Issue   to   pay   funded   lndebt- 

n    of,    Act 
Bon  I  rust    f>r  university  and  school  funds,  payment  of 

Interest  on    Act  374. 
Donds  of  officers,   premium  to  be  paid  by  act,   Act 
Bonds,    redemption    and    payment   of    funded    Indebtedness,    Acta 

37:. 
Hun'  i  'mine    and    establishment    of    eastern 

bon 
Bowman.    James,    it  t  .  ,r    lot    quitclaimed    to 

SU'  ■ 
Claims  agall  |    state   suttaortsi  d,    A(  I 

Claim.-  against, 
Claims    against,    Robert    C.    Hall    authorised    to    sue    state.    Act 

"f    \     .1     Bourn   against   state,    appropriation    to  pay.   Act 

Claims    against,    Coultervltle    a:.:  Turnpike    Compar.y 

authorl/.  ■'. 
Clain  and    Green    authorized    to    sue 

■ 
Olatmi    against   "f  *  s  in   Indian  wars,  auditing  and 

Chums   of  b,   settlement  and   payment 

■'    •    \.        canity    not    to    bring    suit 
for 

id    of    taxes,    payment    for,    prohibited, 

re  state  a  ; 
of  trials  of  persons  violating  fish  laws  paid  by.  Act  1335. 
Debts   In   excess  of  appropriat  blted,    Afll 

itions   to,    ••  B782. 

il    govern]  lent    of    to    purchase    for    i  ublic    pur- 

.  ance  of  and  cession  to,  of  lands  lor 
llght-hoaw  i,    Ad    ' 
Federal    K"  jurisdiction    over    certain    lands    ceded    by 

stat  >1 

teat,    lands   c>  ded   to,   Jurisdiction   of  state  over. 

il   government,    release  of  certain   lands   to   L'nited   States, 

ral    government,    relinquishment   to.    of    lands    required    for 

military  or  naval   purposes,   Acts  809,  ttli, 

Forests.  j<  id  with  federal  government  for  pre- 
' 

Forest  of  state  to,    Act  2883. 

Hours   of   i  H  iuri   of    Labor. 

Humboldt     Bay,  alt'                        sj     and     governor     authorised     to 

pU!' 

Inventory   "f  state   and   county   property,   Ad 

Joint     lnv(  with     federal     government     of     water     re- 

sou- 

Judgment    in  favor   of   state   to  better  enable   collection    of.    Act 

Non-iusuran*  'y    belong  I    1669. 

claim   of  state  to  certain   tract  quitclaimed   to. 

Public   buildings:     See   Put. lie    Huildings. 
Public    works:     See    Public    Works. 


STATE— STATE   PRINTER.  1703 

Right  of  wav  from  Atlantic  to  Pacific  granted  to  United  States, 

Act  4213. 
Sale    of    interest    In    property    within    water-front    line    of    San 

Francisco,    Acts   3330,    3337. 
Secretary  of:     See   Secretary  of  State. 
Title  to  certain   swamp  lands  to  J.   P.   Counts  and  Myron  Smith 

confirmed,   Act  4025. 
War  debt  of,    redemption   of,   Act  2823. 

STATE  AGRICULTURAL  SOCIETY:   See  Agriculture. 

STATE  ANALYST.     Analyzing  mineral  waters,  drugs  and  foods,  Act 
3799. 
Appointment   and   duties   of,    Act  3799. 

STATE   BOARD    OF    EXAMINERS:     See   Board   of  Examiners. 

STATE  BOARD  OF  HEALTH,  attorney  for,  and  for  board  of  healtb 
of  San  Francisco,  Act  2831. 
Authorized   to   purchase   and   manufacture   diphtheria   anti-toxin, 

Act  2837. 
State   bureau   of  vital   statistics,    deaths:     See   Deaths. 
State    hygienic    laboratory,    for    use    of    director    and    assistants, 

Act  4260. 
State  hygienic   laboratory  for  use  of,   establishment,    Act  4260. 
See    Public    Health. 

STATE    BUREAU    OF    CRIMINAL    IDENTIFICATION:    See    Bureau 
of    Criminal    Identification. 

STATE  CAPITOL,  bonds,  issuance  of,  for,  Act  3805. 

Drinking    fountains    in,    construction    and    maintenance    of,    Act 

538. 
Employees  at,   Act  3806. 
Janitor,   duties   and   salary  of,   Act  537. 
Location  of  at   Sacramento,   Act  3804. 
Remodeling,   etc.,  Act  3807. 
Sale   of  intoxicating   liquors   prohibited   in,   Acts  536,   1691. 

STATE   CONTROLLER:     See   Controller. 

STATE    ENGINEER.     Bridges   across    navigable   streams,    duties   and 
powers   in    relation   to:     See   Bridges. 
Creation   of  office  of,   Act  3811. 

STATE  GEOLOGICAL  SURVEY:     See   Geological  Survey. 

STATE    HARBOR    COMMISSIONERS:     See   Harbor   Commissioners. 

STATE  LANDS:     See  Public   Lands. 

STATE   LIBRARY.     Attorney-general,  state  librarian  to  furnish   with 

law   books,   Act  266. 
Mineral   cabinet,   establishment  of,   in,    Acts  2205,   3844. 
Removal    of   mineral    cabinet   from   state   library   to    Crocker   art 

gallery,   Act  2206- 

STATE   MINING   BUREAU,   establishment  and  maintenance   of,   Acts 
2211-2213. 

STATE   PRINTER,    act   relating  to,   Act  3849. 

Governor's  mansion   fitted  up  for  state  printing  office,   Act  1383. 
State    printing    office,    establishing,    Act   3850. 

Statutes    of    California,     superintendent    authorized    to    prepare 
and  print,   Act  1598. 


1706  STATK     miSONS-STATl'TRS. 

STATK   PRISONS:     Sec   Prisons. 

Acknowledgments    of    dcda    and    Instrunn  nta    by    prisoner 

Arr«t<t,    trial,    recommit  in.  nt  >rivlcta    Who 

ha-.'    • 
nrancli.    lot 

Coroner'a  Inqu  ?.S59. 

of   trial  of   csc.i: 

'  ranch    prison    al 

71. 

Inquests    In.    l  .1 

qulry     Into    sanity    of    convict    a 
st« 

Is,    fund    for   purchase   of,    to   be 

Jute   Rood-.  !:tlona   of   sale   of.    An 

board    for  1    gov- 

Parolc    roinnii'  ("ommlaslo: 

cutting   hair  o? 

3856. 
tent    and    dlapoal- 
. 
San   Uuci  tiuildinga  at,   appropriation 

for.     • 
,-ation   o(   children   fro 

ptlona    and 

rs    to.    Act 
Mng,     binding,     publishing    and 

STATK  t'NIVKKSlTV  of   California. 

BTCRTNARl  "n   of  office   ,.',    Art   180. 

establishment    and     sup- 
port   o(.      I 

<  OF    LIMITATIOI  -   and   trust  .    no   llml- 

th.   limitation  on.   Art 
intlM,    actions   M  HI,    §   43. 

5TATUTB8.     All   laws  prloi 

<    to   statute*.    ...■!. .i-iiii.K.    printing   and   dlatrlbullon   of.    Act 
616. 


STATUTES— STREETS.  1707 

Statutes,   superintendent  of  state  printing  to  prepare   and  print 

index   of,    Act   1598. 
Time  of  taking  effect  of,  Act  3883. 

STEAMBOATS.    Spark-catchers,  use  of  on  steamers,   Act  3888. 

ST.    HELENA,    incorporation   of,   Act  3894. 

STOCK.    Certificates   of  stock,   tax   on   issue  or,    Act  4038. 

STOCKTON,   assessor,   additional  powers  of,    Act  3900. 

Canal    along    North    Street   to    San    Joaquin    River,    construction 
and  maintenance,  Act  3904. 

Charter  of,   Act  3899,   note. 

Inundation,    city   council    empowered   to   protect   city    from,    Act 
3901. 

Mining   corporation   of,    protection   of,    Act  2239. 

Mormon    Slough,    excavating,    widening  and   opening,   Act  3902. 

Ordinance    No.    64.    authorizing   receipt   and    disposal    of   certain 
land,    ratified,    Act   3903. 

Reincorporation    of,    Act   3899. 

STOCKTON   INSANE  ASYLUM:     See  Insane. 

STOCKTON    SLOUGH.     Navigability,    Acts   3909,    4358. 

STORAGE:     See   Warehouses. 

STRAWBERRY  VALLEY,    location   of  village  of  defined,   Act  3914. 

STREAMS:     See   Waters. 

STREET  RAILWAYS:     See   Railroads. 

Electricity,   authorized   to   use.    Act  2924. 

Franchises,   sale  or  granting  of,   Acts  1230-1232. 

Franchises  for,  time  for  granting,  limiting  time  for     Act  1233. 

Franchises   to   construct   railroads   beyond   city   limits   to   public 

parks,   Act  2930. 
Generally,   Act  3920. 
Overcharges,    penalty    for,    Act   3919. 
Tickets,   duty  to  provide,   Act  3919. 

STREETS. 

1.  Generally. 

2.  In  cities  organized  under  Municipal  Corporation  Bill. 

3.  Improvements  under  Local  Improvement   Act  of  1901. 

4.  Improvements  under  act  of   1903,  providing  for  forma- 

tion  of   districts. 

5.  Improvements  under  act  of  1889   (repeated  as  to  cities 

of   over   forty   thousand.) 

6.  Improvements  under   act   of   1893,   relating  to   cities  of 

forty  thousand  or  over. 

7.  Improvements  under   the   General   Street   Law   of   1885. 

1.  Generally. 

Assessments,   delinquent,   redemption  of,  regulation   of.   Act  3933. 
Assessments,    delinquent,    sales,    regulation   of,   Act   3933. 
Bonds,    street   improvement  bonds,   system  of,   Act   3932. 


Hon  .1    cities   and   counties   authorized   to   main 

*  iale   of   In    cities.    Act    12S2. 

'ii    of    by    city    for    repair    of 
■ 

Act  3935. 

'      ■  ■ntrarts   for,    Act   234'1. 
•venicnta  U  Qt  act.  Act   3929. 

Tre»>s.   growing  I    M^C. 

■ . Mialntnic   atul    care   of,    on,    Act  3926. 
\V..rk    U|     D,    ■■< 

2.  I u  ■  •/   \nuU  r  Municipal  Corporation   B0L 

-  of  Aral  class  not  liable  for  Injuries  In  streets,  p.  691,   {   87. 
<  nltion   of.   In.    p.    677.    5    66. 

•  fuad    In.    p.    «94.    subd.    6. 

•leputlcs  of,  and  salaries  of. 
■ 
Cities  of  first  class,  super  lutlos  and  liabilities,  p.   711. 

Cities   of    first    class.  salary   of,    p.   6.r>2.    suhil.    12. 

md    lmpro\ 
ID,     p.     6«"  !      M;     pp.     677-693. 

(S   | 

'.    376. 
782.    |    332. 
■ 

Clt :•  "f.    P-   792,    (|   374 

Citi.  od   class,    superintend  of   records   of,    p 

Cit:  ft.   salary  of.   p.  773,   f  307. 

Aire     Of.     p.     7ft,     i     374 

.    provisions    Governing 

t,   salary   of,    p.    807.    |    608. 
-     ;    wers   and   duties   of,    p 
;    678. 

•h    class,    commissioner,    salary    of.    p.    831,    |    609 
(tier,  de| 

i    of,    provisions    relating    to 

Clti.  ublle,    what   are.    p.    MO,    5 

•  inmlssloncrs,   election   and   term   of   of- 

Cltles  of  fifth  class,  street  improvements  In.   pp.   878.  879.   {$   771, 

Cities   of  sixth   class,   street   work   In.   pp.  903.  904,    tj|   S69.   870. 

3.  7» 

Abnndotin  5    19. 

IfTB,    |    12. 

Assessments,   d<  5    13. 

A*.--  i-'ie    of     property,     pp.     1270.     1271,     I 

13.    14. 


STREETS.  1709 

Assessments,   excess,   refunding,   p.   1278,    §   21 

Assessments,   levy  of,  p.  1?67,   §  6. 

Assessments,   sale,    redemption   of   property,   p    1272     §8   15    ifi 

Assessments,    second,    p.    1276,    §    26. 

Assessments,    special,    lien   of,   p.    1276,    §    22. 

Assessments,   special,   lien   of,   notice  of,   p.   1276     §   22 

Assessments,   special,    protest  not  allowed,   p.   1276     §   21 

Assessments,    when   becomes    lien,    p.    1267,    §    5;   p'    1269     §    8 

Bonds,   limit   on    rate   of   interest,   p.   1267,    §   5.  ' 

Contracts  for  work,    letting  on   bids,   p.   1274,    §   19. 

Contracts   for   work,    what   to   provide,    p.    1274,    §    19. 

Effect  of  act  on   prior  acts,   p.    1274,    §   25. 

Engineer,    report   ot,    adopting,    p.-  1267,    §    5. 

Engineer,    report  of,   p.    1266,    §    4. 

Engineer's    report,     resolution     adopting,     what    to     contain      n 

1267,    §   5.  '     p' 

Engineer,   work  to  be   referred   to,    p.   1265,    §   3. 
Funds, excess,    refunding,    p.    1276,    §    21. 

Local  improvement  bonds,  form,  issuance  and  sale,  p.  1272,   §   18 
Local    improvement    bonds,    sale    of    and    disposal    of    proceeds 

p.  1872,   §  18.  ' 

Map  and  list,   recording,  p.  1269,   §   11. 

Map   and  list,    transmitting  to   tax   collector,   p.    1269,    5    10. 
Minority   frontage,   improvement,   procedure,   p.   1277,    §    23. 
Notice  of  improvement,  posting  of,   p.   1268,    §§   6,   7. 
Objection    to    improvements,    p.    1268,    §    7. 
Open   streets,    what   deemed   to   be,    p.    1265,    §    1. 
Power  to   order   work   to   be   done,   p.    1265,    §   1. 
Protest  against  second   assessment  not  allowed,   p.    1274,   §   20. 
Resolution  adopting  engineer's  report,   what  to  contain,  p    1267. 

§  5. 
Resolution    adopting    report,    setting    aside,    modifying,    etc       :>. 

1269,    §  8. 
Tax  collector,  funds  collected  by  to  be  paid  to  treasurer,  p.  1272. 

§    17. 
Tax    collector,    report    of,    p.    1272,    §    18. 
Work,    application    for   acceptance    of,    p.    1274,    §    19. 
Work,    commencement   and   completion,    p.    1276,    §    19. 
Work,    payment    not    to    be   made    until    accepted,    p.    1275,    §    19. 
Work,   supervision  of,   p.   1274,    §   19. 

4.  Improvements  under  act  of  1903,  providing  for  formation 

of  districts. 

Alternative    method    of   improvement,    provides,    p.    1264,    §    36. 

Assessments,    delivery    to    superintendent,    p.    1257,    §    20. 

Assessments,    delinquent,    p.    1258,    §§    22   et    seq. 

Assessments,    description    in,    p.    1256,    §    17. 

Assessments,  errors  or  mistakes,   p.  1256,    §   17. 

Assessments,    finality    and    conclusiveness    of,    p.    1257,    §    19. 

Assessments,    form    of,    p.    1256,    §    17. 

Assessments   includes    what   expenses,    p.   1256,    §    16. 

Assessments,    lien,    when    attaches,    p.    1257,    §    20. 

Assessments,    name   of  owner,    p     1256,    §    17. 

Assessments,    notice   of,    p.    1257,    §§    18,   20. 

Assessments,    notice   to   pay,    p.    1258,    §    22. 

Assessments,    objections    to,    hearing    of    and    decision,    p.    1257, 

§§  18,  IS. 
Assessments,    payment    of,    p.    1258,    §    22;    p.    1259,    §    24. 
Asses=iv°nts,    payment   of   collections    to   city   treasurer,    p.    1262, 

I    M. 


0  STREETS. 

ments,    pnyment    by    offset,    p     1?S«.    J    21. 
■ 

ptlon,   p  28. 

laments,    sale    for.    p.    1259,    jj    23   et   Beq. 
Assessments,    sale    for.    deed    on.    pp  3  5    28,    J». 

-sments  supplementary,    p.    1261,    5    32. 
-iments,    surplus,    d.sposal  of.    p.    UH,    9    32. 

5    17. 
Awards,    payment   of.    p. 

Condemnation,   payin.  nt   of  awards,   p.   12^2.    5    Si. 
Condemnation   i  1262.    |   II. 

Construction,    Ilberu!.  |   37. 

Tirflnltlon    of    terms    used    In    statute,    p.    1MB,    J    38. 
t   of   statute  o! 

|    and    publication    of.    p.    USX,     !    I. 
sting    of    v  |    84. 

a   only    n.  •  ;    31. 

Order    for    In: • 

Ordinance    dec  arms    .nt.  ntion   and    describing    Improvement    and 
{    |. 
-    over    streets,    p.    1251.    9    1. 

■  nt    and    district,    p.    1251,    9    4. 
Surplus,    disposal    of.     p.    1263.     }    33. 

tments   undir  act    of    1889    (repealed  as   to   cities 
forty    thousand). 
Act    liberally    construed,    p.    1 

1344     9    15 
• 
Assessmen-  3    IB. 

Assessment,    not.ee    as    to    payment,    p     1215.    9    16. 
A"'  '18 

«    is. 
As-  20 

Commissioners    to    assess    benefits    and    damages     p.    1241.     |    6 
et     seq. 
tlona  of  terms  us*d   In   ai  •  |    23. 

c.    p.    1240.     {    3. 

• 

bat    only    i 
i 
Objections   to   Impn  arlng    and    decision    on,    p.    1241. 

9    6. 
Objections    to    report,     p. 

;  li. 

Payments,    how    made,    p     1242.    ' 

Payment    •    ■  proct  edlnga 

on    r 
Pay  ;d   and   In  1   how   made.   p. 

5    17. 

seq. 
Proc  now    cor. 

P     I 
Pro.  •  :  .jundarles 

U4»,     9 
Publication*,    what   only   necessary,    p.    1260,    subd.    8. 


STREETS.  1711 

Report  of  commissioners,   p.   1243,   §§   10  et  seq. 

Resolution    of    intention    tu    perform    street    work,    p.    1240,    §    2. 

Superintendent,   copy  of  report,   assessment  and  plat  to  be  sent 

to,    p.    1244,    §    15. 
Superintendent,   duty   on   receiving   report,    p.   1245,    §   16. 
Supervisors,    general    power    over    streets,    p.    1239,    §    1. 
Surplus   funds,    disposal   of,    p.    124S,    §   20. 
Title,    defective   proceedings    in   case   of,   p.    1248,    §    21. 
Unknown   owners,    when    set  down   to,    p.   1243,    §    12. 
Viewing  land   and  examining  witnesses,   p.   1242     §   9 
Warrants,    p.    1242,    §    8. 

6.  Improvements   under  act   of   1893,   relating   to   cities   of 
forty   thousand   or   over. 

Assessment    roll,    p.    1325,    §    15. 

Assessments,    collections,    disposal   of,    p.    1325,    §    16. 

Assessments,    delinquent,    p.    1325,    §    16. 

Assessments,    bow   apportioned,    p.    1323,    §    9. 

Assessments,    lien,    when   becomes,   p.    1325,    §    15. 

Assessments,  notice  of  time  of  payment  and  delinquency,  p.  1325, 
§   16. 

Assessments,    payment,    p.    1325,     §    16. 

Assessments,     penalties,    p.    1325,     §     16. 

Assessments,   sale  of  property,   redemption,   deed,  p.     1325,    §   16. 

Board    of    audit,    who    constitute,    and    duties    of,    p.    1329,    §    22. 

Claims,    allowance    and    payment,    p.    1329,    §    22. 

Commissioners,  appointment,  duties,  term  of  office  and  compen- 
sation,   p.    1321,    §    6. 

Commissioners,   board  of  public  works  to  act  as,  p.  1321,    §   6. 

Commissioners,    bond    of,    p.    1321,    §    6. 

Commissioners,  conflicting  claims  or  titles,  proceedings  in  casa 
of,   p.   1324,    §    12. 

Commissioners,    offices    and    employees,    p.    1322,    §    7. 

Commissioners,    report    and    diagram,    pp.    1323,    1324,    §§    10,    11. 

Commissioners,  report,  assessment  and  plat,  copy  to  be  sent 
superintendent    p.    1325,    §    15. 

Commissioners,  report,  errors  or  irregularities,  effect  of,  p.  1324, 
§    12. 

Commissioners,    report,    filing    and    notice    of,    p.    1324,    §    13. 

Commissioners,  report,  objections  to,  hearing  of  and  decision, 
p.    1324    §    14. 

Commissioners,    report,     time    to    file,     p.    1324,     §     14. 

Commissioners,  viewing  land  and  determining  value,  p.  1323, 
§    9. 

Damages,    notice   of  award   and   payment,   p.    1327,    §    17. 

Damages,    refusal    to    accept,    proceedings    Jh,    p.    1327,    §    18. 

Definition   of   terms   used   in   act,   p.    1328,    §    21. 

Expenses  of  improvement,   what  part  of,   pp.   1322,   1323,    §§   8,  9. 

notice,    posting   and   publishing,    p.    1320,    §    3. 

Notices   posting    of    where    no    newspaper,    p.    1328,    §    2. 

Notices,    proof   of  publication   or  posting,    p.   1328,    §   2.. 

Objection    by    majority    stops    work,    p.    1321,    §    5. 

Objection,    hearing   and    decision,    p.    1321,    §    6. 

Objection,  sustaining  of,  new  proceedings,  when  may  be  com- 
menced, p.  1321,    §  5. 

Objection    to   improvement,    p.    1320.    §    4. 

Power   of  city  council,   p.   1320,    §   1. 

Payments,   bow  made,  p.   1322,   §  8;  p.  1325,   §  16. 

Resolution  of  intention,  p.  1320,  §  2. 


ma  strk. 

Superint.  untuicut    of    officer,     in    cities    without,     p. 

I,    subd.    4. 
.Title,  l.ngs   in   case  of,   p.   1328,    J    20. 

Warrants,    p.    1322,    9   8. 
Warrant*,    payment   of,    p.    1328,    J    19. 

7.  Ivtpmr,  in,  nts   uiuii  r  tin    General  Street    htm  of  1885, 

At'  W6   borne   by   city,    p.    12S4.    j    5. 

ta,   p    1302.    5 

iir   of,    p.    1802,    ]    20.. 

5    12. 
5    12. 
Anr-  uon   on,   Judgmt  nt  and  appeal,  p.   1297,    9   12. 

Assess in>  ■  '  5   12. 

'■'."•'.  5  12. 
A      •  •     »!nre   owner    cannot    be   found, 

MIT,    5    Hi 
Asses  tlon   on.   where  brought,   p.    121*7.    |   12. 

■peml  to  c  iiy  council,  p.    ]:'.«■,   4    n. 

iiiilon,   p.    I2W.    |   11. 
ts,    apportionment,    w  /ays  part   of  exi  • 

P.    i 
Assr  rfect  of.   p.    Y:'.»\,    I    11. 

■ 
A    -cssmenta  u  5   9. 

sinenut,    dJ  1    warrant.  'o    contractor,    p. 

3    9. 

Of,   p.   1293,    8   8. 
. 

■  •••     9    9. 

on,    p.    1294. 
i    10. 

nta,    lien    of  tlachea,    p.    1294.    9    9. 

\  ictlon   of   part   of    work,    p. 

Assf  9   9. 

iperlntendenfa    authority    t  ,  kjrmant,    p. 

5    10. 
Assessments,   superintend'  l^M,    8    8. 

■-.     lObd,     12. 

I,  I  6. 

claims  for  labor,   materials,  etc..   p 

of    one-half    assessed    valuation, 
5    3. 
Completion,    failure   of.    reletting    unfinished    work,    p.    12S4.    9    5. 

:.-U9,    5   53. 

]         M,    S    5. 
on    of,    p.    1284,    5    fi 
I.    when.    p.    r."«4,    {    t». 
.f   contractor,    p     1384.    5    6. 

1284,   9   6. 
Coutr.ut,    failure   of    owners   or    bidder    to    enter    Into    new 

I.     UM.    9    6. 
Contrnrt.    failure   to  enter   Into   contract,    forfeiture   of  check,    p. 

3    6. 
p..  how   mn.l  |   6. 

3   B. 
of  award  9   5. 

:     9    P. 

is    In    relntlon   to.    p 
nt   of  by   i  Ity.  p.   1304,    9   2*. 


STREETS.  17M 

Cross-walks  or  sidewalks    power  of  council  over,   pp.   1303,   1304, 
§§    24,    25 

Culverts,    cesspools,    sewers,    manholes,    etc.,    power    of    council 
over,  pp    1303,  1304,   §§   24,  25. 

Definition  of  terms  used  in   act,   p.   1307,   §  34. 

District   assessed,   diagram   of,    p.    1292,    subd.   12. 

District,  assessment  of  land  within,  p.  1292,  subd.  12. 

Election  of  owners  to  take  work,  p.  1284,   §  5. 

Engineering    work     who    to   perform    and  compensation,    p.    1307, 
§  34. 

Estimate  of  expenses  by   city  engineer,   p.  12S0,    §   3. 

Expenses    exceeding    one-half    a-ssessed    value,     city    excess,    p. 
1280,    §    3 

Grades,    changing   or   modifying,    power  of   supervisors,    p.    1310, 
§   38. 

Grades,    changing,    assessment    becomes    a    lien,    when,    p.    1315, 
§   48. 

Grades,    changing,   assessment,    collections,    disposal    of,    p.    1316, 
§   49. 

Grades,    changing,    assessment,   delinquent,   p.   1316,    §   49. 

Grades,    changing,    assessment,    manner   of,    p.    1315,    §    47. 

Grades,    changing,    assessment,    notice    of    time    of    payment,    p. 
1316,    §    49. 

Grades,   changing  assessment,   payment,    penalties,   p.   1316,    §   49. 

Grades,  changing,   assessment,   roll,  p.   1315.   §   48. 

Grades,    chancing,    assessment,    sale,    redemption    and    deed,    p. 
1316,    §    49. 

Grades,   chaiigmg,   assessment  when  due,   p.   1315,    §   48. 

Grades,    changing,    commissioners   to   assess   damages,    who   con- 
stitute,   p.    1312,    §    40. 

Grades,    changing,    commissioners,    oaths   of,    p.   1312,    §    41. 

Grades,  changing,   commissioners,   powers  of,   p.  1312,    §   42. 

Grades,  changing,   commissioners,  reports  and  diagram,   pp.  1312. 
1313,    §§    44,    45. 

Grades,    changing,    contracts,    how    entered    into,    pp.    1313,    1315, 
§§    46,    47 

Grades,    changing,    damages,    condemnation    proceedings    on    re- 
fusal to  accept,   p.   1318,   §   51. 

Grades,   changing,   damages,    assessment  of,   p.  1312,    §   43. 

Grades,  changing,  damages,  notice  of  award  of,  p.  1317,  §  50. 

Grades,  changing,  errors  or  irregularities,  effect  of,  p.  1313,   §  45. 

Grades,   changing,    notice  of   and  publication   of,    p.    1310,    §    38. 

Grades,   changing,   objections  to,   p.   1310,    §  38. 

Grades,   changing,   petition   for  damages,   p.   1311,    §  39. 

Grades,   changing,  petition   for,  p.  1310,    §   39. 

Grades,   changing,   report,   assessment  and   plat,   copy  to  be   sent 
superintendent,    p.    1315,    §    48. 

Grades,    changing,   report,   objections  to   hearing  and   determina- 
tion,   p.    1313,    §    46 

Grades,   changing,  resolution  of  intention,  p.  1310,    §   38. 

Injuries  from  defects  in.   liability  for,   p.  1303,   §   24. 

Laborer,  bond  to  protect,   and  claims  of,   p.  1287,   §   6%. 

Lessee,   liability  of  and  rights  on  payment,   p.   1301,    §   17. 

Materialman,   bond   to   protect   and  claim   of,    p.   1287,    §    6*6. 

Notice,   how  served,   p.   1301,    §   19. 

Notice  of  street  work,  posting,  p.  1280,   §  3. 

Objections  to  work,   p    1280,   §   3. 

Open   public   streets,   what   deemed  to  be,   p.   1279,    §   1. 

Owners   doing   work  other   than   grading,    and   rights   in,   p.    1292. 
subd.   10 

Owners,     right    to    griide    and    allowance    for    grading,    p.    1291, 
subd.    10. 
Gen.  Laws— 108 


STREETS. 

•"  t"\   p.   IM1,   S    14. 

rlbe    rules,    as    to,    p 

rumnce,    to    be    to    sutisfnrtinn    of    su; 
9  G. 

I.  I  4. 

,   subd.  4. 

subd.    4. 
.    J    1. 
Publl  .    p.    IMS,    subd.    4. 

Publl     I  '14. 

. 

for.    p.    1303,    | 

\    p     1MB,    S    14. 
••r  iii  maki 

to.  I  a. 

utlon   of   li  1    work.    p.    1 

11. 

no,    what   may   InHu.l  subd.    11. 

■  n    to   supervise    work,    and 

S   6. 

rally,   pp.    UQ, 

9   13. 
Buperln 

8  18. 

*,    18. 
i)    fix   tun  ■    ftnd    I'linpletlon. 

9  6. 

ft,    9   6. 

5  6. 
5   3. 
Supei  1   2. 

5   2. 
Survi  k.    who    t"  and    r,,m- 

i      3t. 

non    of    work,    p.    1287,    9    6. 
9    6. 
5    9. 

War  •  nt    hr   found   or 

unknown,  p.  i-'.M.  i  10. 
Warrants,  failure  to  Hon,  p.  il'?4,  9  10. 

is.    form    i  |    9. 

Wart  ',    10. 

Wan  nt,    and    pr  an,    p 

s    authority     to 

5    lu. 


STRIKES— SUPERVISORS.  1715 

STRIKES.     Misrepresentations  of  conditions  of  employment  a  misde- 
meanor, Act  2140. 

SUBPOENAS,   costs   for  serving,    Acts  782,   1120. 

SUBTERRANEAN    WATERS.    Artesian    wells,    regulation    of   use    of, 
Act  4356. 
Prevention   of  waste  of.   Act  4366. 

SUCCESSION,    law    governing,    Act    927. 

Collateral  inheritances,   tax  on,    Act  4040. 
Taxes    on:    See    Taxation. 

SUISUN    CITY.    <--treets,    trustees    authorized    to    grade    and    improve, 
Act    3938. 

SUISUN   RIVER,  navigability  of,   Act  4358. 

SUMMONS,    costs   for   serving,   Acts  782,   1120. 

Foreign    corporations,    'o    designate    person    upon    whom    process 

may  be  served,    Acts  774,   775. 
Service   of   upon   absent   defendants,    Act  3943. 

SUNDAY.     Baking  prohibited  between  6  P.  M.   Saturday  and  G   P.   M. 
Sunday,    Act    3951. 
Barbarous   and    noisy  amusements,   prohibition   of,    on.   Act   394S. 
Employee  entitled  to  one  day  in  seven  for  rest,  Acts  2137,   3952. 
Providing  for  better   observance  of,  Act  3950. 

SUPERINTENDENT    of   public   instruction:    See   Schools. 

SUPERINTENDENT    OF    SCHOOLS,    districts,    organization    of    con- 
firmed.   Act  3537. 
Women  eligible  to  office  of,   Act  837,    §   54. 

SUPERINTENDENT  OF   STREETS:   See  Streets. 

SUPERIOR    COURT,    acknowledgments   taken    before    clerks    of    vali- 
dated,   Act   17. 
SUPERIOR    JUDGES.     Particular   county:    See   Particular    Title. 

Counties   of  fifteenth   class,   salary  of,   Act   837,    §   172,    sub.   7. 
Los  Angelts   county,   three  additional  judges  for,   Act  2014. 
Powers    formerly    possessed    by    district,    county,     and    probate 

courts,   conferred  on,  Act  846. 
San  Joaquin  county,   additional  judge  for,   Act  33<>6. 
Shasta  county,   additional  judge  for,   Act  3599. 
Secretary,  judges  in  cities  and  cities  and  counties  over  two  hun- 
dred thousand  may  appoint,  Act  845. 

SUPERVISORS. 
In  Counties  of  Particular  Classes. 

Allowances,    limits   on   powers   of,    p.    137,    §    36. 
Apiaries,   inspectors  of,   authorized   to  appoint,    Acts  306,   307.  • 
Assessor,  annual  report  of  certain  information  to,  p.  141,   §  48. 
Bonded     indebtedness,     supervisors     authorized     to     create,     Act 

373. 
Bonded     indebtedness,     supervisors    ai'thorized    to      refund,     Act 

3961. 
Bonded    :ndebt'  jcess,    refunding    at   lower    rate    of   interest,    Act 

373 
Bonds    of,    p.    146,    §    66. 
Bonds,  election  on  question  of  issuing  by  cities  for  expenses  of 

year    1883.    Act    383. 
Books,   papers  and  accounts,   sending   for,   p.    135,    §     28. 


«   to   hold    log*  p/-r 

mlt    bull  ! 

i   animals.   supervisors  auth 

ilia.  expense  of  bull'     . 

I    '■ 

\    ■ 

gal   allowance  of.   duty  of     district  at- 

Claims    of    against    county,     form,     pn  and    allow. 

■ 

S    19. 
I    21. 

taxes- 

. 

m.  i  so. 

I     16 

123. 

I    holiday.    Art    14«» 
IS 

t    837. 
•  ilooa    for    ■ 

IllfV  I 

authorised    to    grant 
393. 

-m J    mada    for    bicycles   and    ti- 
ll' I. 

• 
I 
IMS,    salts    of    granting    of,    AcU    133" 

itlons   by    '  irdlnc. 

to   transfer  ■waru|>  !»• 

II.'  'i«-s    of    seventh 

class    may    n,  -  ibA     IT 

Illegal    fees.     su»  .ig.    p.    J20. 

|    36. 

is,    work    or    pu- 

>     of    sutxrvisors    ar 
141.    I    46. 


supervisors.  mi 

License  on  sheep  business,  power  to  ivnpose  limited,   Act  1940. 
Licenses, -salaries  of  persons  employed  to   collect,   authorized   to 

pay.    Act    I 
Livestock    inspector,    power    to    appoint,    Act   837,    §    55%. 
Livestock,    ordinances    to    preserve,    expenses    of    enforcement, 

paymeni    of,    Act    837,    §    25%. 
Livestock,    ordinances   to   preserve,    may  adopt,   Act  837,    §    25%. 
Logs    and    timber,    authorized    to    declare    innavigable    streams 

highways    for,    Act    4301. 
Majority   constitute   quorum,   p.   118,    §    18. 
Majority  necessary   to  valid   act,   p.   118,    §   18. 
Malfeasanci    in  office,  p  of,  p.  143,  §  53. 

Meetings,    quorum,    p.    118,    §    18. 

Meetings,   regular,   to   be   held  at  county  seat,  p.   121,    5   24. 
Meetings,    special,    p.    121,    §    23. 
Meetings   to   be   public,    p.   121,    §    24. 
Neglect    of    duty,    punishment  of,    p.    143,    §    53. 
New   county,    classification    of   supervisors,    p.    145,    §    58. 
Notices,   where    to  be   posted,   p.  141,    §   47. 

Number  of,    p.    118,    §    14.  . 

Oaths,    may    administer,    p.    118,    §    18. 

Ordinances   permitting   cars   to   be   propelled    by   electricity    rati- 
fied,   Act    2928. 
Parks,    authorized   to   levy   tax  for,    Act    2877. 
Posse    comitatus,    supervisors    authorized    to    pay    expenses    of, 

Act    3959. 
Power-;    and    duties,    permanent    general,    enumerated,    pp.    121- 

136. 
Public    buildings,    unfinished,    change    of   p^ans,    Act   2899. 
Public    buildings,    unfinished,    completion    of,    Act   2898. 
Records  and  minutes  of,  signing  of,  p.  118,   §   19. 
Records  and  books  to  be  kept  by,   p.  120,    §   21. 
Records,   books  and  accounts   kept  at  office  and  open  to  public, 

p.    121,    §    24. 
Residence,    p.    118,    §    15. 

Rules    and    regulations    for    government    of,    p.    131,    subd.    23. 
Salaries  and   expenses   in   various  counties:   See   Counties. 
Seal,    p.    131,    subd.    24 
Separation   of   offices,   p    143,    §    55. 

Separation   of  offices,   authority   of  supervisors,   Act  837,   §   55. 
Sewers:    See    Sewers. 

Sheriff,    duties   in   relation   to,   p.   135,    §§   27.   29. 
Special    counsel,    supervisors    in    counties    of    second    class    may 

employ,    Act   837,    §    159,    sub.    7. 
Spur    tracks,    may    authorize,    Act    2334. 
Spur   tracks,    permit    revocable,    Act   2334. 
State   agricultural    society,    to    furnish    statistics    of   productions, 

Act   837,    §    66a. 
Statement    of    indebtedness    and    property,    p.    142,    §    50. 
Streams   and   bank  care,   improvement  and  protection  of,   p.   142, 

§     52. 
Streets:     See     Streets-. 

Submitting   questions   to   vote   of  people,   p.   118,    §    13. 
Surveyor,  to  furnish  office  and  supplies  to,  p.  165,   §  141. 
Tax    to    display    products    at   expositions,    supervisors    authorized 

to    levy.     Act    3963. 
Time   of   election    of,    p.    145,    §    58. 

Tow-paths   along   navigable   streams,    location    of,    Act  4363. 
Transfer   of   swamp   land   funds-  by,    to   general    fund   authorized, 

to   levy,    Aet    3963. 
Treasurer     suspension    of    pending    proceedings    against,    p.    150, 

§    84. 


It  STPEKVISORS. 

Vacancies,   filling  of  and  term  of  appointee,   p.    US,    J   17. 

Warrants:    See    Counties. 

Water    rates,    fixing  of,    Acts    I 

Water    rot.  ■»,    pen&It.v    fcr    f.ilwre    to    fix.    Act   4348. 

nitration    of,    by.    Act 
Wharvi  s,    authorized    to    grant   right    to    construct,    Act    4398. 
Witnesses,    subpoenaing,    pp.    135,    136,    5  5    28.    29     31-33 

a.  OMe$   of  firxt   class. 

Absence    or    neglect,    P.    f'rJ.    fi    48. 

Adjournments,    p.    068,    ? 

Aldermen    and    assistant    aldermm.    divided    Into,    p.    fins,    i    40. 

AM'Trnen,   numl  ;■    Gf.5,    8   41. 

Aldermen,   qua:  5    46. 

Aldermen,    salaries   of,    p.    KB,    {    41. 

Aid)  u:nl    t<rm     of    ofllce,     | 

5    42 
Aldermen,   sc<  i  !ntlc»  and   salary  of,   p.   655,    }    42. 

.  Appropriation   bills,   p    661.    i   61. 
Assistant    aid'  rd     term    of    oflVe,     p.     666. 

{     44. 
AwlMunt    aldermen,    chairman,    p.    658.     9    50 
Assistant    aldermen,    number,   qualifications   and    election,    - 

55    43.    47 
AflFi  powers,    duties    nnd    salary,     ;>. 

656.    {    44. 
Assistant   aldermen,   t- rr.is  of   office  and   salaries,   p.   656,    {   43. 
Rids.  107. 

'    40. 
or   liability   limit    on    power   to  eontr:.  5    58. 

Each    bouae   fudge   of  iu,'  5    49. 

Eligibility   to   other   office,    or       .  |    52. 

ision    of   members,    p.    657,    5    49. 

rs    and     duties     of      p. 
5    51. 
Majo-  ,ry    to   passage   of  on:  5    50. 

'.    ;  '.    I    48. 

■    49. 

nine   of,    p. 
Order,    pa  rer  to  ma  5    49. 

rs    of    l  DOS  \  }    t>2.    64. 

Powers,    have   only   those     ;  5    62. 

Quorum. 

Quorum,    ;  ;      ..r.s,    §    50. 

■ 

.    adoption   of,   p.   600.    J    57. 
Rulea,    p. 
Sessions,    ,  '51. 

I         5    120. 
^,  duty  La  levy  and  a  288. 

Vacancies1,    filling   ol 

b.  Cities    of 

ts,    powers   of   In    relation   to,    p.    7  323. 

Journal,    p.    773.    5    I 
Judges  of  qua'  |r  own  mei  |   319. 

Not  to   vol'  «    327. 


SUPERVISORS.  1719 

Number,    qualifications,    election    and   term   of   office   of     t>     771 

§    301. 
Power   to    aDpoint   officers,    p.    794,    §    380 
Quorum,    p.    773,    §    319. 
Rules,    p.    773,    §   319. 
Vote  by  ayes  and  nays  in  certain  cases,   p.   780,    §   326. 

c.  Cities   of   third   class. 

Appoint  what  officers,  p.  806,   §  603. 

Clerk,    p.    S09,    §    521 

Compensation,    act  without,   p.   807,    §   506. 

Election   and  term  of  office,   p.   806,   §   502. 

Journal,    p.    809,    §    5?2. 

Judges   of   quaiifications   of   members,    p.    809,    §    522, 

Meetings,    p.    808,     §     520. 

Meetings,    attendance,    compelling,    p.    8i""9,    §    521. 

Meetings,   presiding  officer,   p.    809,    §    521. 

Number   of,    p     805,    §    501. 

Ordinances,    passage   of   and   validity   of,    p.   809,    §   523. 

Powers   of  enumerated,    pp.    810-812,    §    524. 

Quorum,    p.    809,    §    521. 

Residence    of,    p.    80S.     §    508. 

Rules,    p.    809,    §    522 

Trustees   of   free   library,   appoint,   p.    808,    §    509. 

Vacancies   in   office    to  fill,   p.   807,    §   505. 

d.  Cities     of     fourth     class. 

Additional   compensation   to  officers,   cannot   allow,   p.   831,    §    610. 

Ayes  and  noes,   p.   832,    §   621;   p.   843,    §   634. 

Compensation,    act    without,    p     S31,    §    608. 

Constituted,   how,    p.    832,    §    620. 

Control  over  'heir  own   members,  p.  832,   §   621. 

Election  and   term  of  oflice,   p.   828,    §  602. 

Expenses    of,    p.    831,    §    608. 

Indebtedness,    limit  on   power  to   create,   p.   838,    §    623. 

Journal,   p.   832.    §   621:   p.  843,   §§   633,   634. 

Meetings,    p.    832,    §    621.. 

Officers,   what    to   elect,   p.   832,    §    620. 

Orders  to   be  entered  on  journal,   p.   843,    §   633, 

Powers    of    enumerated,    p.    833,    §    622. 

President,    p.    832,     §    620. 

Quorum,   p.    832,    §    621. 

Rules,    p.    832,    §    621. 

e.  Cities  of  fifth  class. 

Absence,   effect  of,  p    868,    §   754. 

Compensation,    act   without,    p.    $68,    5    755. 

Compensation  of  officers,   fixing,   p.   86S,    §   755. 

Consolidation  of  offices  by.   p.   867,   §   751. 

Oath  of  office,  p.   870,    §   760. 

Election    and   term   of   office,    p.    867,    §   752. 

Indebtedness,   power  to  incur,  pp.   875,  876,   §§   767,  768. 

Journal,    p.   870.    §   762. 

Judges  of  qualifications  and  elections  of  members,  p.   870,   §  762 

Meetings,   p.   870,   §§  760,  761. 

Number  of,  p.  867,   §  751. 

Officers,   fix  duties  and  compensation  of  certain,  p.   887,   §  791. 

Officers,    what   may   appoint,    p.    867,    §   752. 

Organization   nf  board,   p.   870,    §   760. 

Powers  and  duties  of  enumerated,  p.'  871,   §  764. 


i::o  I  '-'R. 

Pt  '    778. 

p.    87ft.    S 

f,    p.    871.    {    761. 

f.    < 

■    «54. 

t     .-- 

s9fl,    |    8M. 
-m   of  ofllf.  |    852. 

Ind'  '  -     p.   901,    5  5   84J5,   84M. 

s«0. 

Hon   of  members,   p.   897,    5   860. 

Nun 

duties   and    fixing    compensation,    p.    911,    9 

iy    appoint,    p.    B86,    9    861 

u lei   governing   passage,   p.   898,    1    861. 

■ 

f.    p.   906.    |   875. 

■ 

SCI  '    who  to  act   aa.    Act  J»4S 

filiating.    Act 
Courta. 

appointment    of.    Acta    894)8.    S969. 

I  RT    LIBRARY,    librarian    for,    appointment    of.    Act 
I. Ibr.ii  Ian,   Mil  2975. 

;.    deputy,    appointment   of,    Art 

y   corporation   authortz«  1    to 
ur»ty,    '■   •• 

meat  of,   by.    Act  379. 

y;    Osteopathy;    Veterinary    Sur- 

.    iblic   Lands;    United    States   Coast   Btu 
.nty    Hue,    of,    p.    164,    55    1M 
logical   Su; . 

Uion    of.    Act    I 

i 
iude.    surveys    of    validated.    An 

of    examining    surveyors.    Act    3990. 

lirst  class,   deputies   of.   and   salaries  i  f,    p    K2,   subd. 

I    first  class,   duti  '!.    5    UT. 

L    13. 
|     141. 


SURVEYOR- SUTTER    COUNTY.  H21 

Deputies   and   assistants   in    various   counties:    See   Counties. 

Ditches   and    drains,    superintends    construction    of,    p.    352,    5    9. 

Duties  of  enumerated,   pp.   103,   165,    §§   135-140. 

Duties    of,    defined,    Act    3990. 

Fees   of,    p.    415. 

License   of   surveyor,    Act   3990. 

Office  and   supplies,   sup<  rvlsora   to  furnish,   p.  168,    §   141. 

Powers   and   duties    of,    Act   3990. 

Qualifications   of.    p.    163,    §    135. 

Salaries  and  expenses  in  various   counties:    See  Counties. 

Survey,   how  made  where  surveyor  interested,   p.  164,    §   138. 

SURVEYOR-GENERAL    authorized    to    furnish    his    office    and    vault 

therein,     Act    3985. 
Duties   as    to   bridges  across   navigable   streams,   p.  72,    §   6. 
Governor    and     surveyor-general    authorized     to     convey    state's 

interest   in   certain    lands,    Act   3832. 
Governor   and   surveyor-general   authorized  to  sell   certain   lands 

to    claimants.    Act   2869. 

SUSANVILLE,   hogs  running  at   large,   prevention  of,   Act  1065. 
SUSCOL   RANCHO,    title   to   lands    in  quieted,   Act  3688. 

SUTTER    COUNTY,    animals    of    another,    wounding    in,    punishment 

of,    Act    1593. 
Animals,    trespassing    of    on    private    property,    prevention    of. 

Act     1069. 
Bridge    across    Feather    River,    supervisors    authorized    to    con- 
struct,   Act    4005. 
Cancellation    of    certain    certificates    of    register    of    state    land 

office,    Act    3995. 
Cancellation    of    controller's    warrants,    Act    3995. 
Examination  and  counting  of  funds  in  tresaury,  Act  464. 
Fences,    division,    in     Act    1138. 

Fences   in,    tearing   down   of,    prevention   of,   Act  1593. 
Fires,    leaving   of,    punishment   of,    Act   1593. 
Funds,    transfer   of    authorized.    Acts   3996,    3997. 
Highways    in,     Act    4001. 

Hunting  on  inclosed  lands  in,  prevention  of,  Act  1593. 
[nclosure,  passing  through  and  .eaving  open,  Act  lS9i!. 
Judges     separate     for    Sutter    and    Yuba    counties.    Acts    3998, 

4495. 
Levee    districts    in.    Act    1915. 
Levee  district   No.    1,    act   relating   to,    Act   4003. 
Levee  district   No.   1,   boundary  and  care  of,   Act  2944. 
Levee    district    No.    1,    trustees    authorized    to    issue    bonds    to 

fund   indebtedness,    Act   2947. 
Levee  district  No.   2,   running  indebtedness  of,  Acts  1917,   2945. 
Levee   district   No.    2,    election   of  officers,    Act   1917. 
Levee   district  No.   6,   boundaries  and   government   of,   Acts   1918, 

2948 
Levee  district   No.   6,   funding  indebtedness  of,   Acts  1919,  2949. 
Protection    of   certain   lands   in.    Act  3999. 
Reclamation    district    No.    2,    boundaries    and    government,    Act 

2946. 
Records    in,    transcribing    of,    Act    4000. 
Roads    in.    Act   4001. 

School   trustees,   time  of  election   of,   Act  4002. 
Stallions    prevented    from    running    at    large    in,    Act    1063. 
Swamp-land   district   No.   70,   act   relating   to,    Act  4004. 
Swamp-land  district  No.  70,   reorganizing,   Act  2954. 


iWBD   LANDS. 

Sw.t  ity.    warrants    to    bear 

-ury    of.    better    protection    of.     Act    464. 

BUT!  !K.    hogs   aDd   goata   pr  m   running  at  large 

In. 
running   nt    :argo    In,    prevention    of.    Act   1065. 

ion  '    from,    Act    2922. 

•■     Sacramento    County,     setting    off    portion    of 
for 

'      Act    4"17. 
Tru  '   '6. 

SWAMP     '  P.owman.     .lamea.    Intercut 

of    stntc    In    water    lot    41f.    quitclaimed    to    successors    of. 

e    away    timber    from    swamp.     oTerflowed, 
.r:d«.    Act    H"4. 
i  imatlon    a  llatrleta    for    non- 

■ 
Prnlnage    of: 

I,   providing   for  determining   rights   In 
• 

t>utlon  'of.    Act 
rrisora   authoriz<  >l    to    transfer   to   general    fund, 

■ 

ir    Title, 
swamp    lands    pi'  ilt.  d    to    redemption    of    certain 

aim    of    st.  '.iln    tract    quitclaimed 

I 

lai  d      '■'.    Act   9066. 
■•-..    Act 

'      ,-  \.ct  i 

■  la   ra     :   -■  i     v  I 
•l    of,    Act    2858. 
-lain    salt-marsh   and    tide    lands, 

ppeala    from    orders    relating    to.    Acts 

Swamp-land    funds    In     etntc     treasury    paid     to    treasurers    of 

Dto    county    treasuries,    duties    of    ail- 
's.    Acts     1 
..  ramento   County,    provision    for. 

IT.     San    Joaquin    County,    addlt'onal 
\    I 
uid    M,    payment    of    Inter 

SO     and     54.     Sacramento     tVont?, 

fundi  ~  .     . 

•v,    act    relating   I 

utter    County.    warranU    to    bear 
-c.t,     Act    2953. 


SWAMP  AND   OVERFLOWED   LAND— TAXATION.  1723 

Swamp-land    district   No.    70,    Sutter    County,    reorganizing,    Act 

2954. 
Swamp-land   district    No.    118,    Contra   Costa   County,   assessmrut 

in,    Act    2958. 
Swamp-land    district   No.    118,    validated.    Act    2957. 
Swamp-land    district    No.    150,    Yolo    County,    formation    of,    Act 

2960. 
Swamp-land    district    No.    221,    San    Joaquin    County,    legalizing, 

Act     2962. 
Swamp-land   district   No.    307,    Yolo   County,    legalized.    Act  2965. 
Tide-land   commissioners,    board  of,   abolished,    Act   4032. 
Tide    lands,    certain    in    San    Mateo    County   declared   public    and 

granted  to  county  for  public,  Act  4027. 
Tide    lands,    survey    and    disposition    of,    Act   2858. 
Title    to    certain    3altmarsh    and    tide    lands    in    Contra    Costa 

County,    quieting,    Act   722. 
Title    of    certain     swamp    lands    to    J.    P.    Counts    and     Myron 

Smith    confirmed.    Act    4025. 
Title  to  tide  lands  adjacent  to  lands  held  for  military  purposes 

ceded    to    United    States,    Act    8831. 
Transfer    of    swamp- land     funds      to    general    fund      in    Butte 

County,    Act   463 
Transfer    of    swamp-land    fund    to    general    fund    in    Del    Norte 

County,     Act    916. 
Unsegregated,    sales  and   surveys   validated,   Act  4031. 

SYRUP,   adulterated,   sale   of,    prohibited,   Act  42. 

TAHOE:    See    Lake    Bigler. 

TAXATION.  Animals,  assessment  of  migratory  herds  and  distri- 
bution   of    taxes.    Act    4053. 

Animals,    migratory,    assessment  of,    Act   4052. 

Assessment  of  migratory  herds  and  distribution  of  taxes,  Acta 
4052,    4053. 

Assessments,    supervisors   to    equalize,    p.    129,    subd.   15. 

Assessor,   bond  of,   p.    §   66. 

Assessor,  commissions  for  collecting  of  personal  property  tax, 
p.  317. 

Assessor,  compensation  for  preparing  military  roll,  p.  317. 

Assessor,   city,   performance  of  duties  by  clprk,  Act  4043.   §   8. 

Assessor,  cities  of  first  class,  deputies  and  assistants  and  sal- 
aries of.   p.  650.   subd.   6. 

Assessor,  cities  of  first  class,  election  and  duties  of,  p.  709,  § 
129. 

Assessor,   cities   of  first  class,   salary  of,   p.   650,   subd.   6. 

Assessor  cities  of  third  class,  election  and  term  of  office,  p. 
806,"   §    502. 

Assessor,   cities   of  third   class,   salary   of,   p.    807,    §   506. 

Assessor,  cities  of  fourth   class,   bond   of,   p.  830,    §   6f'7. 

Acsppcor,  cities  of  fourth  class,  compensation  of,  p.  844.    §  641. 

Assessor,   cities  of  fourth  class,    deputies  of,   p.    852,    §    672. 

Assessor,  citits  of  fourth  class,  duties  of,  p.  844,  §  641;  p.  851, 
§    677. 

Assessor,  cities  of  fourth  class,  election  and  term  of  office,  p. 
828,    §    602. 

Assessor    cities   of  fifth   class,   compensation  of,   p.   868,   §   755. 

Assessor,    cities    of    fifth    class,    election    and    term    of    office,    p. 

Assessor,    cities    of    sixth    class,    duties    and    powers    of,    p.    907, 

5    877-  ~ 

Assessor,    cities    of    sixth    c'.ass,    city   clerk   is   ex-officio,   p.   894, 

S    851. 


TAXAT 

Assessors,     deputies     aad     asMstanta    lo    various     munties:     See 

Assessor,    ilutlrs    of.    p.    167.    9    1 

Assessor,   maps  and   Stock   books,   to  be  allowed  expenses  of,   p. 

'itage   of   on    poll    ta\'  I    !.    p.    317. 

sor,   salaM  '"nintles. 

Assessor,   salary  of.   (There  and  bow  paid,  p 

■<>    pay    salarlra    of   dep\itlcs    In  certain    counties.    Act 

Doard   of  equalization,   supervisors  In  cities  of  first  class  constl- 

I    66. 
Certlfi.  1 

of   first   i  lo  erect  a  hospital   and    levy   a 

ion   In   lo  filia- 

tion. 

il   taxes  In.   p.   693.    5   90. 
. 
lion    of   taxes,   pp.    81$.    819, 

■ 

::on   of.    p. 
Cities   of  fourth   cl 

5   666. 
of    fourth    rlam,    dellnqu-  lings,    pi. 

Cities    of    f. hi:  ili    class,    equalization    of    taxes    In,    pp.    846,    846, 
5  5    642. 

levy   of   tax.    p.    846,    i    644. 

-•bursenicnt 
of,    i  .    640. 

if   tax,    p.   846.    f    644. 

preparation    of    and    delivery    lo 

of   fourth  a   from  sale,   p.  S50,   {I  66: 

.  f   fourth   class,   sales   of  property   for.   pp.   849-861.    Si    654- 

of    fifth    •  vy    and    collection,    pp.    880, 

;  Direr  and   duties,   p.   883,    J   787. 
of   fifth   .  Itatlon   of  taxea,   p.   8S1.    5 

tit.    levy   and   collection   of   taxes 

In.  ^73. 

p.   906.    |   872. 
r   than    first   class,    levy  and  0    of    taxes,    A^t 

lnherltnti'  ■      against    state    to    quiet    title 

\    I 
s,    suits    to    enforce    liens    of    tax    author- 

Col!.  l.»40. 

-.    tnx    on, 

i  tc,    of    ad    vnlorem    taxes    abol- 

Conu  i    ;nty    not    to    bring    suit    against 

'  .    pnyment    by    state    for    proh': 

<  jlons    on    revision   and   reform,    creation  of.    Act 


TAXATION.  1725 

Commission    on    revision    and    reform,    expert    on,    appointment 

of,    Act    4037 
Commission    on    revision    and   reform,    governor   ex-offlcio    mem- 
ber   and    chairman.    Act   4037. 
Commission    on    revision    and    reform,    powers,    duties   and    com- 
pensation,   Act   4037. 
Commissions,    payment    of    for    collection    of    delinquent    taxes 

legalized,    Act    4046. 
Delinquent,    action    for    delinquent   taxes    on    personalty    author- 
ized.  Act   4060. 
Delinquent  action   for,   form  of  complaint,   Act  4061. 
Delinquent    taxes    in    Alpine   County,    extending   time    for   selling 

property,    Act  136. 
Deputies,    assessors  in   certain   counties   to  pay,   Acts  255.   4062. 
Distribution   of   taxes   from   assessment  of   migratory   herds,    Act 

4053. 
Exemption    of    certain    property    of    Stanford    University    from, 

Act   3754. 
Expositions     tax   to    display   products   at,   supervisors  authorized 

to   levy,    Act   3963. 
Inheritance  tax,   act  providing  for,   Act  4035. 
Inheritance    tax,    collection    of,    Act    4035. 
Inheritance    tax,    disposition    of,    Act   4035. 
Inheritances,    collat  ral    tax    on,    Act   4040. 
Legal    tender    notes    are    receivable    in    payment    of    taxes    and 

debts.    Act    1895. 
Levy    and    collection    of   taxes    in    cities    of   certain    classes.    Act 

4044. 
Levy    and   collection    in    cities   under   first   class,    Act   4043. 
Licenses:     See     Licenses. 
Mortgages,    notes   secured    by   moneys   received   in   cerlain    years 

from   disposition    of,   Act   4054. 
Parks,    supervisors   authorized   to   levy  tax   for,    Act  2877. 
Particular    counties,    taxes   in:     See    Particular    Title. 
Political    Code    to    govern   assessment,    levy,    etc.,    of    taxes,    Act 

4051. 
Poll    tax,    exemption    of    firemen    from    in    certain    counties,    Act 

4063. 
Poll    taxes    in    Calaveras    County,    enforcing    collection    of,    Act 

484. 
Public   improvements  within   cities,    special   tax  for,   Act  2344. 
Reassessment   where  former  assessment   illegal,    Act  4045. 
Redemption,    charges    in    counties    of    twentieth    class,    Act    837, 

§    177,    subd.    4. 
Redemption,    charges    in    counties    of   nineteenth    class,    Act    837. 

§    176,    subd.    4. 
Redemption    right   of   given   taxpayers   whose   lands   sold   in   cer- 
tain   years,    Acts    4056-4058. 
Revenue    for   support   of   government,    act   providing.    Act   3017. 
Sales,    certificates    of    sale,    validated,    Act   4059. 
Sales,    deeds    to    state   validated,    Act   4059. 

Sales,   proceedings  of  tax  collector  in  1874  validated,   Act  4055. 
Solvent  debts,    taxation   of.    Act  4039. 

Special    tax    tc   eneouiage    immigration   authorized.    Act   4041. 
Special    tax    for    specific   public   improvements,    Act   4042 
Special    tax    to    exhibit    county   products    at    expositions    author- 
ized,   Act    1041. 
Special    tax    to    increase    trade    in    products   of   state   authorized. 

Act    4041. 
Supervisors,   annual   report  of   information  to,   p.   141,   §   48. 
Supervisors,   powers  and  duties  of,  p.  124,   subd.   12. 


TAXATION— THKA1 

;  66. 

-     to  Rive.   P  146.    }   66. 
•    of  duties   by    i  t   chief 

{8. 

Tax  I  i»s   chargeable   with  what   sums, 

Ta>  n'nry  of.   p.  650,   subd.   K. 

Ii  putlcs   and    assistants   and 
fral  i  ■  Ml?"l.     B. 

ry   of,    p.    807.    f 
Tax  ules    "i    rixth    class,    marshal    Is    ex-offlcio.    p. 

•  ^s  and  assistant*  In  various  countlc 

: 

Q      ittes. 

'fit    running    at    largo    In.    AcU 

irlculture,    protection   of    In.    Act  4068. 

I    of.    In.    Act    I 

i    of.    Act    4**J8. 
Of,      Vet    4069. 

of.    Act   4070. 

.    Act  4071. 
- 

\ct    4(72. 

•     1074. 
H 

-anscriblng    from    rr cords    of    Co- 

1    ■     ■ 


•'    '   -'-■    In,    A 
rKanlzlng.    Act   4078. 
I '""VS. 


ition   between   Asia  and   Anier- 


nnd   PaclP 

[>       Angles    to    Wilmlng- 

-      !i    'I tie    from    San    Jose   to   San    ii 

id    fidelity    In    transmission    of.    Acta    4089, 

act,    aiding   In   carrying   out.    Act 

btl   of  landWd  and  tenant.   Act  1866. 

may   bring   or   d  •    788. 

PANT,    oidhances    of    Pan 
•     '    r    paollni.    Act    3154. 

.    for.    Act   < 
•      •     •       " 
il    race   or   color,    punishment. 
Act   606. 


THISTLE-TOWNSITES.  1727 

THISTLE,    propagation    of    in    certain    counties,    prevention    of.    Act 
4104. 

THRESHING  MACHINES,  wages  of  laborers  on,   liens  of,  Act  1949. 

TIA  JUANA  FLOOD,  appropriation  for  benefit  of  sufferers  from. 
Act    4109. 

TICKETS,   duty   of   street   railroad   companies   to  provide,    Act   3919. 

TIDE    LANDS:    Sec   Swamp   and    Overflowed    Lands. 
Survey  and  disposition  of,   Act  2858. 

TIDE  LAND  COMMISSIONERS,   abolition  of  board  of,   Act  4032. 

TIMBER:   See  Growing  Trees,   Logs. 

Booms   to  hold   logs   and   timber,   supervisors  authorized   to  per- 
mit building,   Act  43G2. 
Destruction    of    growing    timber    on    private   grounds    in    certain 
counties,   prevention  of.   Act  1577. 

TIME,   statutes,   time  of  taking  effect  of,   Act  3883. 

TIOGA  ROAD,  free  wagon  road  from  Mono  Lake  basin  to  construc- 
tion   of,    Act    1155,    1456. 

TIRES,  width  of  tires  of  wagons  used  on  highways,  regulation  cf 
Act   1459 

TITLE:    See  Establishment  of  Title. 

TITLES,   Benicia,  settlement  of  in.   Act  3i:4. 

Branciforte,  settlement  of  titles  in,    Vet  408. 
Torrens  land   act,   Act   4115. 

To  tide  lands  adjacent  to  lands  held  for  military  purposes  ced^l 
to  United  States,  Act  3831. 

TOLL  BRIDGES,  navigable  streams,  across,  tolls  by  whom  fixed 
p.   73,    §   7. 

Navigable  stream,  across,  tolls  fixing  on  disagreement  between 
supervisors  of  counties,   p.   73,    §   7. 

Navigable  stream,   across,   tolls,   when  take  effect,   p.   74,   §   7. 

Navigable  stream,  franchise  to  erect,  county  on  left  bank  con- 
trols,  p.   72,    §   2. 

Navigable  stream,  franchise  to  erect,  supervisors  may  grant, 
p.    72,    §    1. 

Navigable  stream,  tolls,  county  on  left  bank  controls,  p  72 
§    2. 

Public,   act   concerning.   Act   1148. 

Supervisors,  powers  and  duties  of,  p.  121,  §  25,  subd.  4;  p.  1X3, 
subds.    35,    36. 

Toll,   public,   act  concerning,   Act  1146. 

TORRENS   LAND  ACT:   See  Act  4115. 

Certification  of  titles  and  simplification  of  transfers,  Act  4115. 
Commission  to  examine  and  report  on,  Act  4114. 
System  provided  by  adoption  of,   Act  4115. 

TOW  PATHS,  along  navigable  streams,  location  of,  Act  4363. 

TORTS,  compensation  for  causing  death  by  wrongful  act  or  neglect 
Act   2451. 

TOWNS:   See   Municipal  Corporations. 

TOWNSITES,  hogs  and  goats  prevented  from  running  at  large  on, 
Acts   1008,    1070. 


TRADE-TREASURER,   COUNTY. 

R.    boards   of:  B  of   Trade. 

EMARKS:     Bee    Label*;  Mark.*    and    Drands. 

-.illy.    An 

-,    boxes,   legs,  etc..   used   in   sale 
of   liquids.    Ad    lll'l. 

TRAI  v    for  violating   statute    forbidding   use    of, 

1123. 
for   forbidden,   Act  4123. 

NINO   BHIF  of   in   San   Franrlsco.    Act  4125. 

TRAMROA  rporation    of    In    Shasta    County,    Act 

TRANSPORTATION:     See    Railroads. 

G76. 

TRE>  CITT.    bonds    of:    See    Bonds. 

i  8   11. 

I    10. 
I 
.  .1   clerka  cf,   Ac 
Investigation    of    no 

i-istry  of,    ; 
5    96. 

i 

7 

liny    to    give.    p.    699,    {    98. 

5    3TS. 

-    of    thud    claaa,    sa.ary    of, 

•  <'s    of.    p.    s.".3.    i    675. 

■      ■ 
of    fifth  }    756. 

■ 

"    :   ::.2 

'.     S    856. 
s    of,    p     '."'7.    5    876. 

',    962. 
ular   Title. 

4(M3. 

?    66. 
.  ourts    and    von  in,    p     l'l.    9 

•flinty    trr. 
n     Inh.  rltanco    and  I    ■     -37.     | 

Death    of,    proceedings    on,    p.    150.    >    So. 


TREASURER   COUNTY— TRIALS.  1721 

Deputies  and  assistants   in   various  counties:    See    Counties. 

Different    classes    ot    counties,    in:    See    Counties. 

Duties    of    enumerated,    pp.    147-151,    §§    C7-87. 

Fees,,    what    and    when    to    be    paid    to    county    treasury,    p.    318, 

§     216. 
Mileage,    in    making    ,,tate    settlements,    Act    S37,    §    215. 
Office   hours,    p.    145,    §    61. 

Officers  charged  wirli   notice  of  condi'ion  of  treasury,  p.   114,    §   6 
Particular   county:    See   Particular   Title. 

Salary   fund,    deficiency   in,    transfer   of   funds   to,   p.    319,    §   219. 
Salary  fund,   payment   of   fees   into.   p.   319,    §   219. 
Salaries   in   various   counties:    See   Counties. 
Special   counsel    for   collection    of   inheritance   or   transfer   taxes, 

how    paid.    Act   837,    §    215. 
Suspension    of   pending   proceedings   against,   p.    150,    §    84. 
Swamp   land    district    funds   paid    into    county   treasuries,    duties 

of   controller,    auditor    and    treasurer.    Act   1920. 

TREASURER,  STATE:  See  Funds. 

Authorized  to  pay  controller's  warrants  drawn  for  salaries, 
Act    4136. 

Authorized  to  pay  to  treasurer  of  Veterans'  home  moneys  re- 
ceived   from   congress,    Act   4288. 

Deposit    of   state    moneys    in    bonks,    Act   4134. 

Deputies,   number   of   increased  for   limited  period,    Act   4139. 

Duties    of.    Act    362. 

General    fund:    See    Funds. 

Increase  in  number  of  clerks  in  office  of,  Act  3871. 

Payment  into  state  treasury  of  moneys  received  by  state  insti- 
tutions,  commiisions  and  officers,   Act  1279. 

Payments  on  swamp  lands  pledged  to  redemption  of  certain 
controller's    warrants.    Act   4024. 

Swamp  land  funds  in  state  treasury  paid  to  treasurers  of 
counties,    Acta   1280,    1920. 

Swamp  land  funds  paid  into  county '  treasuries,  duties  of  audi- 
tor,   controller   and    treasurers,    Act   1280. 

Transfer    of    funds:    See    Funds. 

Transfer  of  funis  f  om  dia.nage  construction  funds  to  general 
fund.    Acts    1282,    12S3. 

Transfer  of  moneys  to  genera!  fund  by  treasurer  and  con- 
troller  a;  thorized,   Act   1281. 

Warrants,    lost,    payment    of,    Act    2033. 

Warrants,    payment    ri    destroyed    controller's,    Act    4328. 

Watchman,    additional,    for,    Act    4138. 

Watchmen,    two,    authorized    to    employ,    Act    4137. 

TREES:    See    Growing    Trees. 

TRESPASS,    animals,    trespassing,    Acts   10G1  et  seq. 
Animals    trespassing:    See    /..imals. 
Destruction    of    growing    timoer   on    private    grounds    in    certain 

counties,    prevention    of,    Act    1577. 
Fences,     tearing    down    to    make    passages    through    inclosures, 

prevention    of,    Act    4144. 
Hunting   on    inclosed    land,    prevention   of.    Act    1141. 
Hunting  on   private   grounds   in   certain  counties,   prevention   of, 

Act    1577. 
Inclosures,    passing    through    and    leaving    open,    prevention    of. 

Act    4144. 
Inclosures:    See    Inclosures-. 

TRIALS     costs   of,    of  persons  violating  fish   laws  paid   by   state,    Act 
1335. 
Gen.  Laws— 109 


1720 


TT:  I  ^LS— "TULARE    COUNTY. 


ta   on   removal    of   rriminnl    notion,    pp.   322,    r?23.    ??    229 

eg  committed   In  prlsoi  . 

I'KINITY  :her,    wounding    in,    punish 

of,     Act     1 

and    maintenance   of,    Act   4150. 
Contingi  lit    l u i  <J    for,    Act  4149. 

Hun  and     Kliii  boand- 

1 1  u  i  ■  • 

L683. 

•    »:r>2. 

1153. 
S 11 1  \    ■ 

Tolls   cbai  .ikoii    roads,    supervisors   to   fix    rate   of.    Act 

Undersherlff    of,    sui  fix    ainl    pay    •  on    of, 

A   t 

TRINITY    HI\  i.  ■    of    road    down.  i    with    road    In 

lli: 

rRUST    C<>\      VNIES,     bauka    and    trust    companies,    no    limitations 
Dissolution    aid    winding    up    of    and    disposition    of    funds,    At  I 

■rs. 

Act   368. 
r.itlon  and  reduc- 

;•   ■ 

■ 

•  rporatloD  and  reduction  of 

>ons. 
I  Kl  tlon    of    trusts    for    benefit    of    public    Institutions,    Act 

D    of    on    death    of    last    sir 
4161. 
Public    i'.*t'tution,    assumption    of    control    of    by    trustees.    Act 

Public     i    i  tutlon,    relinquishment   of   rights   b>    founder   or   his 

wife. 
Trust?   relating    to   town   lands  granted   to  cities  by  act  of  odd 

d   of,    Acta   2386,   2336. 
Validity    of    tiusts    for    colleges,     unlvereltlea,    museums,    etc.. 
termination   of.   Act   all 

Til. \  KB    COUNTY  '       '.     \   '     1170. 

nd    recordi  i  -  ict  4178. 

\ct    4171. 

County   clerk    and   r  paratlon   of   oftVes  of,    Act  4173 

■  n    In.    Act    I 
I   Tulare   countl  b  tween,    Acta  811, 

819. 
Kaweah    River,    board    of    commissioners    for,    Act    1774. 


TULARE    COUNTY— UNITED    STATES.  1T31 

Notaries,    additional,    for,    Act    2500. 

Officers    of,    salaries    of,    regulation    of,    Act   4172. 

Recorder  and   auditor,    separation   of  offices   of,   Act  4172. 

Recorder   and   county   clerk,    separation   of  offices   of,   Act  4173. 

Roads,    public,    in,     Act    4174. 

Sheriff,    traveling    fees    of.    Acts    4175     4176. 

Slaughtered    cattle,    hides    of,    keeping    of,    Act    182. 

Slaughtered   ai  iruals,    records  of,   keeping   in,   Act  183. 

Squirrels,     destruction    or.     Act    187. 

Superior   judges,    increasing  number   of,   Act  4177. 

Superior    judges,    reducing    number    of,    Act   4178. 

Tax    collector,    tend    ti,    Act    4179. 

Water    commissioners    for,    Act    4365. 

Water  ditches  and  water  privileges  for  agriculture  and  manu- 
facturing,   Acts    41S0,    41S1. 

Water  ditches  and  water  privileges  for  irrigation,  mining  and 
manufacturing,     Act    4181. 

Waters,    overseer    to    regulate.    Act   4365. 

TUOLUMNE    COUNTY,    an-mals    of    another,    wounding    in,    punish- 
ment   of,     Act    1593. 
Fences,    division,    in,     Act    1138. 
Fences,    lawful,    in,    Acts   1134,    4186. 
Fires,    leaving   of,    punishment    of,    Act   1593. 
Hunting  on    inclosed    private    land,    prevention    of,    Act    1593. 
Inclosures,    passing    through    and    leaving    open,    Act    1593. 
Indigent   sick,   care   and   maintenance   of,   Act  4187. 
Fences   in,    tearing   down   of,    prevention   of,    Act   1593. 
Officers    of,    salaries    of,    Act   4189. 
Supervisors,    commencement    of    terms,    Act    4190. 
Township    officers,    regulating,    Act    4188. 
Treasurers    of,     bonds    of,    Act    4191. 

TUOLUMNE     RIVER,     bridge    across    at    Modesto,    construction    of, 
Act    4196. 
Head    of   navigation    in,    Act    4197. 
Navigability    of.    Act    4358. 

TURNPIKE    CORPORATIONS,    formation   of,    Acts   765,    4202. 

UKIAH,    incorporation    of,     Act    4207. 

UNDERWRITERS,    fire    pairol,    establishment    of    by,    Act   1188. 

UNINCORPORATED    ASSOCIATIONS:    See    Benefit    Societies;    Build- 
ing   and    Loan    Associations. 
Acknowledgments    by    validated,    Act    19. 
Boards   of  trade:    See    Boards   of  Trade. 
Chambers  of  commerce:    See   Chambers  of  Commerce. 
Incorporation    of,    Act    4209. 
Mechanics'    institutes:    See    Mechanics'    Istitutes. 

UNION,   name  changed   to   Areata,   Act  4209. 

UNION  ISLAND  RECLAMATION  DISTRICT,  in  San  Joaquin  County, 
creation,   organization   and  government,   Act  2970. 

UNITED    STATES:    See   Public    Lands. 

Assent  of  state  to  act  of  congress  applying  proceeds  of  public 
lands   to   college,   Act   3786. 

Assent  of  state  to  purchase  by  United  States  for  public  pur- 
poses.   Act    4212. 

Assent  of  state  to  reservation  by  congress  for  public  park,  Aci 
3785. 


1732  ES— UNITI  UKTART. 

I 

n    Humboldt    Bay    granted    to,    to    Improve 
- 

•  rtain    lakes   to,   Act   1858. 
Coin  v    trustees    of    San     Diego    to.    authorized,     Acti 

3ir>2. 

Conv  •■    to    federal    government   of   lands   for 

lieht    nausea,    Art 

I    • 

of.     Art    2768. 

States    sites   fnr    light 
'■    ■ 

On  I  tad     States    part    of 

:tig  forests.    Act  < 

nt    of    forest    preser- 

Jolt  •  k'iv.  rnm.nt  of  water  resources, 

lands   given    to,    Acl 

tie   to,    Act  3784. 
Jut.  '   r    military    purposes    ceded 

' 
Jur:  Lime     Point     ceded      to     United 

Lai.:  Jurisdiction   of   state   over, 

India  granted    to    United    States, 

Act    I 

Aft    4470. 

required   for  military 

grafted   to   United  States, 

Rig)  "    rmon    Channel    to    Calaveras 

San  anda   In,    conveyed    to    United 

gainst   property   of    in    San    Francisco,    pay- 
■ 

i  lo    County    released      to      United 

Tit  .  lands   h'-ld   for  military  purposes 

Tmi  county  to.  Act  4289. 

UNITBD    STAT  See    Coast    Su- 

1    In    author. zed    to    enter    upon    lands    In    state, 

UNITES    BTAT1  ioseeration    of    prohibited.    Act    4224. 

UNIT!  ted   to    ride    free   on    li 

I'M  i  I'AKY.    assault    upon,    punishment    of,    Act 

693. 

•.     i 'iiinahmetit    of.    Act 

Electl.Ti    of    l'v  lull    of    to   vote,    Act   4230. 


UNIVERSITIES— UNIVERSITY    OF    CALIFORNIA.  173^5 

UNIVERSITIES:    See    Stanford   University;     University   of   California. 
Assumption    of    control    by    trustees,    Act    4164. 
Gifts     and     donation.*     to,     encouragements     and     protection     of, 

Acts    4162,    4163. 
Relinquishment    of    rights   in   by   founder   or   wife,    Act   4164. 
Trusts  for   benefit   of,    creation   of,   Acts   4162,   4163. 
Trusts    for    benefit     of.    determination    of    validity    authorized. 
Act    4165. 

UNIVERSITY    CADETS,    appropriation    for    payment    of,    for    April- 
June,   lfc*.o,   Act  2430. 

UNIVERSITY    OF    CALIFORNIA:     See    Colleges;    Hastings    College 

of    the    Law. 
Affiliated    colleges,    appropriation    for    buildings    for,    Acts    4254, 

4255. 
Appropriation   to  replace  lost  income,   Act  4239. 
Branch     agricultural     experiment     stations,     establishment     of. 

Act    4258. 
Cereal    crops,    investigation    of    under    direction    of    agricultural 

experiment    station,    Act    62. 
Continuous   appropriation   for   support   and   maintenance   of,    Act 

4245. 
Creation   and   organization   of,    Act  4240. 
Endowment   of,    Acts    4241,    4242. 

Endowment  fund,  re-imbursement  for  loss  in,  Act  4248. 
Endowment     fund,     re-imbursement     for     moneys     withheld     or 

withdrawn   from,   Act  4247. 
Farmers'    institutes,    holding    of.    Acts    4252,    4259. 
Fertilizers,    powers    and    duties    in    relation    to,    pp.    420-423,    §§ 

3-11. 
Forestry,    appropriation    for    experimental    station,    Act    1220. 
Forestry,    property    of    board    of    transferred    to,    Act    1220. 
Funds    of,    control,    investment    and    security   of,    Act   4249. 
Grant   of   certain    land    to    regents   of,    Act   4246. 
Insurance    of    property    of,    Act    4250. 
Interest  on   state  bonds  held   in   trust  for  university  and  school 

funds,    payment    of,    Act   374. 
Intoxicating    liquors    not    to    be    sold    within    two    miles    of,    Act 

4253. 
Investigation    of   tree   and   plant   diseases  and   pests,    Act   4258. 
Lands    of,    land    contests,    determination    of,    Act   4251. 
Lands   of,    selection    and   sale  of,    Act  4251. 
Medical    department   of,    Act    4256. 
Music,   department   of,    created   in,   Act  4257. 
Music,    professorship    of,    provision    for,    Act    4257. 
Pear    blight    and    walnut    blight,    investigation    and    eradication 

by,    Act    1511. 
Regents     authorized     to     exchange     tract,     constituting     Santa 

Monica   Forestry  station,   Act  4256. 
Sale    of    intoxicating    liquors    near,    prohibited,    Act   4253. 
State    hygienic    laboratory,    director    and    assistants,    Act    4260. 
State  hygienic  laboratory,   establishment  of,   Act  4260. 
Supply   of  water  for,    Act  893. 
Tax,    levy   of,    for   support   of,    Acts   4243,    4244. 
University    farm,    commission    to     select      and      purchase,      Act 

4260a. 
University   farm,    provision    for   purchase    of,   Act   4260a. 
University   farm,    school    of   agriculture   and    system    of   instruc- 
tion   on.    Act    42R0a. 
Viticulture,    experimental    and    research    work    in    by,    Act    1511. 


1731  INIVK'  MIA— VETERANS'    HOME. 

Vlti  uln.i  .,f     results,     Investigations     and     experi- 

Acl     1511. 
Vltlculturi  ntal    and    research    work    In,    to    prosi>cut>\ 

UNLAWFUL    DETAINER,     forrhle    entry    and      unlawful     detainer, 
act   concerning.    Act    <2fl8. 

VACCINATION,    children,    vaccination    of.    Act   2840. 

VAOR  iNCT,    pm  sbo    i  I    of,    a  t    I 

00    of.    Act- 
Tow  n»hlp    hoard    of   education    of,    Act   4268. 

VAN  Q    of.    Act   3332, 

>  rdmg    of    maps    for    purpose    of    sale. 
Act 
Sal--    ol    lei  «    mnp,    penalty.    Act 

VI  V.    bonds  of  officers  of.  Act  4. 

'    I      I 

I    1138. 
defining. 

A 

\  KM   I  >>n    removal    of    criiniual    action,    pt>    32?,    323.    5'    229. 

in   criminal   actions   removed   before    trial,    Act 

Yacht    Clubs. 

4364. 
use   of    on   steamers. 
Thli  >f    ual.ast    prevented.    Act 

Wft  ck^  kn. 

VETERAN  ildlera   and    Sailors;    Veterans'    Home;    Woman's 

■rps 

fees    In.    Acts    829,    1122. 

of    war    of    rebellion    preferred    in 
pub 

I    Grand    Army    of    the    Republic, 
D   of.   Act   ; 

VBTBRAN  ans"     home      In 

Youi 
Aw  :or   sapport   of   Indigent  persons   residing   In,    Act 

rty    In    Napa    to   state   accepted,    Act    i 
Directors    authorised   to   exchange   or   lease   lands   In    San    Fran- 
cisco.    Act 

hospital    lor   at    Yountville,    Act    I 
.    irom    provisions   of   act  cn.at.ng   stale   board   of   chari- 
ties,   p.    90,    }    7. 
Lease   of   property   of    veterans    by    county,    city   and   county   or 

town    authorized,    Act 
Liquor,    sale   of   near,   prulubitcd,    Act   1692. 

o    exchange   lands,    Art 
Napa    countv,    directors    authorized    to    purchase    certain    pr.op- 

i  rtj 
Napa    county,     made    a    state    home     for    soldiers,     sailors    and 

marines,    Act    128S. 
Napa    CO*  •'    government,    for    national 

home,     Act     4289. 


VETERANS'     HOME— WAREHOUSES.  1735 

Napa    county,    sale   of   liquor   near,    prohibited,    Act   1693. 

Officer  to  receive  monev  appropriated  by  United  States,  desig- 
nation   of.    Act    4282. 

Sale  of  liquor  near,   pievention  of,   Act  3696. 

Soldiers'  home,  sale  of  intoxicating  liquor  near  prohibited. 
Act    1692. 

State  treasurer  authorized  to  pay.  to  treasurer  of,  moneys  re- 
ceived   from    congress.    Act    4288. 

Yountville,    acceptance    of    title    to    by    state,    Act    4283. 

Yountville,    home   at    recognized    as   state   home.    Act   42S2. 

VETERINARIAN,    state,    creation    of  office    of,    Act    ISO. 

VETERINARY     SURGERY,     board     of     veterinary     examiners,     Act 
4293. 
Regulation    of    practice    of,    Act    4293. 

VICE-PRESIDENT,    assault    upon,    punishment    of,    Act    693. 

Conspiracy  to  commit  any  crime  against  punishment  of  Act 
693. 

VINES:    See    Viticulture. 

Better   protection   of,    Act   73. 

VISALIA,    incorporation    of,    Act    4298. 
Public   schools   in,    Act   4298. 
Quieting    titles    to    town    lots    in,    Act    4299. 

VITAL   STATISTICS:    See    Deaths;    Labor   Bureau. 

VITICULTURE:     See    Horticulture. 

Commissioners,     appointment    of,     Act    4306. 

Commissioners     powers    and    duties    of,    Acts   4304,    4305. 

Creation    of    viticultu-ral    district.    Act    4306. 

Experimentaj  and  research  work  in.  University  of  California 
to    prosecute,    Act    4307. 

Officers,    appointment    of,    Act    4304. 

Promotion    of,    Act    4306. 

Protection    of.     Act    4304. 

Sale  of  fertilizers  and  manurial  materials,  regulation  of,  Act 
1157. 

University,    experimental   and   research    work    in    by,    Act   1511. 
University,    publication    of    results    of    investigation    and    experi- 
ments  by,    Act  1511. 

VOLUNTEERS,    revision    of   records   of   and   publication    of,    Act   520. 

WAGERS:     See    Gaming. 

WAGON    ROAD    CORPORATIONS,    formation    of,    Act  4312. 

WAGON    TIRES,    width    of,    used    on    highways,    regulation    of,    Act 

1459. 
WARS,    claims    against    state    of    soldiers,    serving    in    Indian    wars, 
auditing   and   examining,    Act   1607. 
War   debt    of    state   and    redemption    of,    Act   2823. 

WARDS:    See 'Guardian    and    Ward. 

WAREHOUSES,    receipts,    Acts   4318,    4393. 

Receipts,     issuance,    sale    and    transfer    of,    regulation    of,    A-ct 

4319. 
Sale   of    goods    in    warehouses   in    other    states.    Act   4319. 
Sale   of   stored    goods   authorized   after   certain    period,    Act  4317. 
Weights    and    weighers    for    warehousemen,    Act    4383. 


1736  WARM    SPRINGS    CREEK     \V\TERS. 

WARM    SPRINGS    CREEK,    navigability    of.    Art    4323. 
WARRANTS,    auditor,    duties    of    in    itlation    to,    pp.    155-157,    55    MM 
et    scg,. 
Coumy.  ueB. 

County,    powers    and    duties    of    treasurer    In    relation    to.    p.    147 

Si    67   et   seq. 
Lost    warrants,    pay  in. nt    «.f.    Acts 

Payment  of    ■!  .itroller's    warrants,    Act   4328. 

Payments    on    awan.i  ptlOD    of    certain 

controller's.     Act     l 
Reclamation    distr  <t    No.     108,    Yolo    County,    warrants    and    as- 
sessments   to    be*r    Inti  :    -t.    A   t 

salary,    p.    320,    I    221. 
Swj.rup-land    district    No.    7",    Sutter    County,    warrants    la    bear 
Interest,    Act    21*03. 
WASHINGTON     TOWNSHIP,     Alameda     County,     certain     creek     lo 
navigable,    Act    ; 
Yolo   County,    bogB   and   goats   in.    Act   4333. 
IE.    artesian    w^t.r.    See   Artesian    Wells. 
Sul>t>  t.*    of,    Act    4356. 

WATER     COMPANIES,     .ties    of    second    class,     capacity     of    pipes, 
.    ; 
In  urporatlon   uf,    Acts.    ; 

ty   for   injuring,   dcfiaudln«.    etc.,   Act  4345. 
Protw  Uon    of, 

Rates,     fixing,    duty    of    companies. 

Ra'es.    fix::  .  Jy.'.s.    4346.    4348. 

Rate*   of    waii  i    furnished    for    I  \.'A\>.    i    2. 

■      ax,    Act    4348. 
fur.     A.  t     ■ 

Jtber    than 
itlon    and    control    ol. 
WATERFRONT,    r.ties    ot    third    cUi  M6, 

Cities  of   third  class,   lm(  -19,   |   535. 

Cities  of  fifth  :    front,    to  ,  Ot   ..nd    fund    for. 

p.    SM.    ; 

-    ■        .  . 
WATER     RATE  :      I  OR.    cities    of    third    class,    salary    of,    p. 

5    50b. 

WATERS.     Alameda    County,    certain    creeks    In    declared    navigable. 

Analysing 

Ar<-  Act    4356. 

Rooms   to   bold    logs   and    timber,    supervisors   authorized    to   per- 
mit   building.    Act    i 
Buoys    ai  q    of.     Act    435. 

Bridges:     See     Uri..k 

, 
Conn  i  (i     relation     to    flood 

i    2. 

Ditches       S..C     I    : 

Exu:  •  W    on    rivers,    appointment,    powers,    duties 

and    com;  Act    4364. 

Flumes:     See    Flumes. 
Fresno    County,     water    ditches    and     wat.  r     pnvil.gos     ir,     Aot 

1272. 
Harbors,    protection    of.    Act     I 
Innavigable    streams.    Improvement    and    use    of,    Act    4361. 


WATERS— WEST   SIDE   IRR.    D1ST.  1737 

Joint   investigation    with   federal   government  of  forest  preserva- 
tion,   Acts   4352,    4367. 

Joint     investigation     with     federal     government      of    water     re- 
sources,   Act    4367. 

Levee  districts:   See  Levee  Districts. 

Franchises    for    constructing    booms,    supervisors    authorized    to 
grant,    Act    392. 

Lakes,    sale    of    land    uncovered    by    rescession,    regulation    of, 
Acts    2857,     4031. 

Lease    of    water   by    Irrigation    district,    Act    1729. 

Miner's   inch   of  water,    fixing   and    defining,    Act   4365. 

Mooring  to  buoys  or  beacons  prevented,   Act  4354. 

Navigable    streams,    location    of    tow    paths    along,    Act   4363. 

Navigable    streams,    obstruction    of   prevented,    Act   4333. 

Overseers     to     regulate     in     particular    county:     See     Particular 
Title. 

Particular    stream    or    creek:    See    Particular    Title. 

Protection    districts:     See    Protection    Districts. 

River  improvement  in  cities'  of  third  class,  p.  819,   §  535. 

Subterranean    waters,    prevention   of  waste  of,    Act   4356. 

Supervisors    authorized    to    declare     innavigable    streams    high- 
ways   for    logs    and    timber,    Act   4361. 

Supervisors,    duties   regarding   care,    improvement  and   protection 
of  streams  and   banks,   p.    142,    §    52. 

Throwing   overboard    of    ballast    prevented,    Act   4354. 

Tow   paths   along  navigable  streams,   location   of,   Act  4363. 

Water      commissioners     for      various     counties:     See     particular 
County 
WATER    WORKS,    cities   authorized    to    acquire   water,    water   rights, 
reservoir  sites,   etc..  Act  2337. 

Cities   authorized   to  incur  debt  to   construct  water  works,    Acta 
2361,  2900. 

Cities,    bonds    for   construction    of   works   to   protect   from    over- 
flow, Act  2366. 

Cities,     joint    ownership    of    by,    Act    2362. 

Cities    of    first    class    authorized    to    obtain    water    works,    Act 
2360. 

City  owning  authorized  to  sell  excess,  Act  2363. 

Incurring   indebtedness   for   by   cities,    Acts  2361,    2900. 

WATSONVILLE,  charter  of,  Act  4370;  incorporation  of,  Act  4371. 

WAWONA,    Yosemite    and   Wawona   road,    appropriation   to   purchase, 
Act    1452. 

WAYS:    See   Highways. 

WEAPONS,    deadly,    improper    and    criminal    use    of,    prevention    of. 

\ct    887. 
WEAVERVILLE.    hogs    and    goats    prevented   from    running   at   large 

in.     Act    4376. 
WEEDS,    eradication    of   certain    weeds   in   cities,    Act   3925. 

WEIGHTS   AND    MEASURES,    standard   of,    Acts  4381,    4382. 

Warehousemen   and   wharfingers,   weights  and  weighers  for,   Act 
4383. 

WELLS,   artesian  wells:   See  Artesian  Wells. 

Oil   wells:    See  Oil. 
WEST      SIDE      IRRIGATION      DISTRICT,     creation      of,    Acts    1725, 
4388. 


1758  WHAI 

WIIAi  pt«.    Acta    4318.    4393. 

>    for.    Act 

WHAI  'T»    oullmr  '      Act 

8up<  I  wen   and   duties  of.    p.    121.    I    25,    MM     I 

\V  1 1 1  I 

\\  in  n  it:::  uio. 

mlng    on     ground*  of. 

Ju\. 

■ 

Tru-  "»   or 

with    private    p»r*uu- 

\Y!HI»   ANIMALS:   S«*   Animal*. 

WILD  M  STRICT        RnUlmnake     arhool     d!> 

and.    B 

wii.  construct!  \  « 

. 

to    Wllmlnitti  n.    Art 
'XTL 

WILL  ulloua.    k.(;»    to.    encour»gi:n>  nt    of.    Acta 

•      ;  tur». 

\\  i  IN  I  rvinit    aubr 

0o«l  >.    fp««    »n<l    cip*n»Pt. 

I 
iron    ui.i    witnesses    a    county    charge,    p.    319. 

m    Kranrlarn.     Act*    3217.    3348. 

In    counties    of    thin  us.    p.    283, 

'    ■ 
!    28. 

'.  !    28.    29.    21  -33. 

WOMAN'S    HKI  :  ojirlatlon' 

:>alc     relatlTea    of    tfi'MM, 

ex-army    i 

!   if   art    creating   stat 
chsrltlm.     p      <k\     ! 

1    from    running    at    lsrgs 
In.     Art 

ILAN1  •      •  Vrj      «4S1. 

1    to  Rio  Vlata   > 
dint-  Mv.     A    l     X.M0. 

WORDS     AN  onspiracjr.     Act     693. 


WORKSHOPS— TOSEMITE    ETC.,     ROAD.  1739 

WORKSHOPS,  Eanitary  conditions  of  factories  and  workshops,  Act 
2841. 

WRECKS,   act   concerning   wrecks  and   wrecked   property,   Act   4437. 
Watercraft  found   adrift,   act  concerning,   Act   4436. 

WRITS,    summons:     Sep    Summons. 

Constables,    authority   of.    to    serve.    Act   S37,    §    153. 
Validation     of     writs      process     and     certificates     Issued     before 
courts    have    seals.    Act    2791. 

YACHT    CLUBS,    Incorporation    of   authorized,    Act    4442. 

YEAR,  fiscal  year  changing  in  cities  operating  under  charters. 
Act    1193. 

YOLO  COUNTY,  agriculture,  protection  of  from  trespassing  ani- 
mals.   Act    4447. 

Animals,    trespassing   in.    Acts  4447.   4448. 

Boundary    line    between    Lake   and    Yolo   counties,    Act   820. 

Canal,  construction  of  in  Colusa,  Solano  and  Yolo  counties, 
3677,      4449. 

Canal  in  Colusa,  ?nlano  and  Yolo  counties,  construction  of. 
aiding    of,    Act    531. 

Drainage  of  certain  lands  in  Colusa  and  Yolo  counties,  Acts 
649,    4450. 

Fees  of  officers  of.   Act   4451. 

Gophers,   in,  destruction  of.   Act  186. 

Highways  in,   Act  4454. 

Hunting  of  game  in   restricted,   Act  1312. 

Officers   of,    fees   and.  salaries   of.   Act   4451. 

Public   administrator  of,   acts   of   legalized,    Act   4452. 

Reclamation    district    No.    1U8,    legalized,    Act   2955. 

Reclamation  district  No  108,  warrants  and  assessments  to  bear 
interest.   Act   2956. 

Roads    in,    Act    4454. 

Road  a.ong  boundary  between  Yolo  and  Colusa  counties,  es- 
tablishing,   Act    4453 

Road,  publ.c,  along  boundary  line  between  Colusa  and,  Act 
656. 

School    moneys    in,    distribution    of,    Act    4455. 

Squirrels   in,    destruction   of.  Act    186. 

Supervisors  authorized  to  approve  petitions  for  formation  of 
reclamation    districts,    Act    2971. 

Supervisors,    terms   of   office   and    time   of   meeting   of,    Act   4456. 

Stallions    prevented    from   running   at   large   in,   Act   1063. 

Swamp    land    district    No.    150,    formation    of.    Act   2960. 

Swamp  land   district   No.   3u7,    legalized,   Act  29U5. 

Taxes,    supervisors    authorized    to    levy,    Act    4457. 

Title    to    certain    lands    in    quieted,.   Acts    4458-4461. 

Title    to    tract   of    land    in    released    to   George   Herget.    Act   4461. 

Title  to  certain  land  released  to  United  States  and  its  grantees, 
Act    4459. 

Washington   township,   hogs  and  goats  in,  Act  4333. 

Yolo  and  Solano  Canal  district,  formation  of  to  protect  lands 
from    overflow    by    Putah    Creek.    Act   2905. 

YOLO  SCHOOL  DISTRICT,  union  with  Putah  school  district,  Act 
3538. 

YOSEMITE  AND  WAWONA  ROAD,  appropriation  to  purchase. 
Act   1452. 


TOBEMITE  VALLEY— TUBA  CO  V  NTT. 

70SBMI1  '■'.     free    wagon    road    from     Mariposa    town    to. 

for.     Act     i 
Dtl    In,    provision    for.    Act    44<"9 

I    to    federal    government.    Act    4t 
il  of  act  I  MartpQM  to.   Act   | 

Road*    within     limits    of.    appropriation    for    purchu 

.     ■    road,    purchas*   of.    Act 
Big    Onk    Plat    and  -  >wnsblp    road,    purchase    of,    Art 

mm 

I  •  teraus'    Horn*. 

raUon   of.   Act 

VlliA    CTTT.     .^.corporation    of.    Act    4479. 

i  STY.    agriculture,    j  •  if    In    Marvsvllle   and    ' 

liar    townships.     Act 
uala    of    a:  inliiiK    In.    punishment    of.    Act    1(93. 

Animals,    trespassing    of    In,    A 

Animals,     trespassing    of    In    Marravillc    and    Long     lUr 
ahips.    Act 

and    Yuba    counties.    Act    80S. 
.    ■ 
-    In.    Acta   1134.    Utt     1137 
.   In.    Act    . 
iwful.     In      Art 

»ful    and  fln>d.    Act 

■ 

ftta    and    leaving   open. 
Jui!.  liter    and    Yuba  Acta    IMS. 

Lor*    Mar   township,    prevention    of    treapasslng   of   animals.    Act 

U-4 
Long    Hsr   township.    protection   of   agriculture    In.    Art    44«4 
:  Uriel    In.     Act     I 

■r  .^passing     of     animal-. 

MarysTiile    township,    protection    of    agriculture    In.    Act    44-1. 

on;  I 

met,    of,    Acts    i 

Of    lands    Iron).     Act    4490. 
\      i   4481     4492. 
4493 
RoS'".  4494. 

Bullions    |  running    at    large    in.    Act    10C3. 


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